Berg v. Obama Update — Monday, September 22

Part Civil Procedure, Part Reporter Stalking

First, the civil procedure.

Answers from defendant Sen. Barack Obama and defendant Democratic National Committee to the original complaint filed on August 21st by attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania Philip Berg are due on Wednesday, September 24.

Both sides have a number of options available at this point in time, not the least of which is the expected motion to dismiss for lack of standing which will inevitably be filed by Obama or the DNC by the deadline. Judge R. Barclay Surrick will be hard-pressed to deny such a motion, but the most interesting part may not be whether he grants it or denys it but rather the language surrounding such a decision.

When the Robinson case against John McCain was dismissed last week from a northern California federal court, Judge William Alsup was careful to explain that, while the case was being dismissed for lack of standing, John McCain did in fact meet the requirements for the presidency pursuant to Article II, Section 1 of the U.S. Constitution. Regardless of whether Judge Surrick decides to grant or deny the motion to dismiss filed by one of the defendants, it will be interesting to see whether he similarly attempts to put the citizenship-related controversy to rest.

As for possible strategy with regard to action or inaction on the part of Obama and the DNC come Wednesday, Berg has mentioned some things to me off the record, and I must respect that. Certainly, if Obama’s people asked the same of me, I’d extend the same courtesy. It doesn’t take a lawyer to understand some of the options available to both sides at this point in the proceedings, but because Phil Berg has demonstrated that he doesn’t wish to tip his hand–as he did by eschewing discussion of standing–I wouldn’t feel right about getting into everything at this point.

Now, the reporter-stalking.

Yes, that’s my bloated self next to Fox News Channel’s Carl Cameron (best viewed with a widescreen monitor). Today after work, I was able to attend a McCain-Palin rally in Media, PA (photos and story can be seen below soon) and, afterwards, was able to ask “Campaign Carl” whether he knew about Philip Berg’s suit against Barack Obama. He did not.

He originally thought I was referring to some state-level action regarding ballots. When I told him it was a federal suit and that ANSWERS FROM BARACK OBAMA AND THE DNC ARE DUE ON WEDNESDAY, he made a phone call and referred someone to this site. So, to those from Fox News currently checking here, all of the materials and links for the Berg suit ARE located on the right-hand side of this page, under the “BERG v. OBAMA @ AMERICA’S RIGHT” header.

Please understand that, while I am a conservative, I have done my level best to explore all sides of this issue and present arguments from both sides. Heck, I even did a little work and shot down one of Berg’s own causes of action. However, I will admit that my reticence to spill the beans as to possible strategic options for Berg tonight is admittedly borne from my personal bias. I wouldn’t want to inadvertently tip off any of the Obama folks now, would I?

As always, if you have any questions, shoot me an e-mail. In the meantime, keep checking here for any news or new filings. I whole-heartedly expect Obama or the DNC–probably the latter so the former doesn’t have to get his feet wet–to file that motion to dismiss either tomorrow or Wednesday.

As soon as I know something from my contacts in the courthouse, there will be a short note here.



  1. Jet says:

    What happens next if Obama and the DNC do not respond on Wednesday?

  2. Anonymous says:

    thank you so much on behalf of millions of americans. I am a hillary dem and we knew about the fraud’s citizenship in indonesia.. and how he went to pakistan with that indonesian passport.

    From the bottom of my heart, I thank Mr. Berg for pursuing this, and to you for bringing this to the media;s attention.

  3. Anonymous says:

    Thank you very much Jeff for not only bringing this to the attention of Fox News in Philly, but also explaining this lawsuit in layman’s terms for those of us who know nothing about law.

    I’m a Hillary supporter voting for McCain. Obama scares the willies out of me and while I’m doubtful Berg’s case has much merit if any, I’m still hopeful that he has some hard evidence of this claim that he didn’t reveal at his website.

  4. Jet says:

    I too want to thank you Jeff for your efforts to stay on top of this story. You are performing a great public service in helping us all find out the truth behind the facade of Mr. Obama.

  5. Scott Dotson says:

    Jeff is getting popular! One day we will be able to say we knew him way back when. Good stuff on here.

  6. Anonymous says:

    i emailed fox your website weeks ago to see if they were aware of this suit…. guess they don’t check their email :)

    thanks for the updates!

  7. Anonymous says:

    I have sent many email messages to Fox news people, to Boortz, to Dick Morris, and many others but none seem to care that this suit has been filed against Obama and the DNC.

  8. Repibli-CAN! says:

    While I appreciate that Obama’s lawyers can claim that Berg has no standing. To me, this screams out “guilty as charged.” This is the same thing that happens when someone pleads the 5th in court.

    If the information that Berg has presented is false. Obama should say so and provide proof. If it is true, they will attempt a legal loop hole like this standing issue. And I think that that will be noted by a lot of people.

  9. suek says:

    So…who _would_ have standing to question the eligibility of a candidate? If the candidate doesn’t supply that information on request, how is the electorate supposed to obtain it?

    I’ve also wondered why the Republican Party hasn’t joined him in his suit…would that be appropriate? Would _they_ have standing??

  10. Anonymous says:

    Can this be dismissed by the judge without any verification of Sen. Obama’s “right” to run for POTUS?

  11. Anonymous says:


    What happens if Obama desides it’s best to just ignore this, and does not respond at all? We have all seen his arrogance, and we’ve all seen him get away with it. Will this suit just be continued and extended until after the election? Will he be held in contempt?

  12. Kyoon says:

    Clinton will be president, Obama will be “forced” to exit.
    “Highly Probable ineligible McCain” included more to let masses swallow “Obama “forced” to exit” act rather than to prove End Times Prophet wrong.

    All has been explained long ago:

  13. Anonymous says:

    Thanks to “multiculturalism” I would not be surprised to learn that a foreign born person, ineligible to hold high office, would be allowed to become the President of the United States. And, I am certain that this will set the wrong precedent allowing anyone born anyplace in the world to become president.

    Given what greedy Wall Street traitors have done to us financially, none of this will make much difference anyway.

    Rest in peace, USA.

  14. Anonymous says:

    Thank you Jeff for keeping us posted on this!!! I too forwarded this info to Fox 4 in Dallas and never heard anything about it. I can’t get over the whole fake birth certificate- He’s such a FRAUD!!! God help us if he gets into office!

  15. John Galt says:

    My guess is that Obama’s people ask for a continuance which they can almost assuredly get.

    A dismissal would of course remove the lawsuit all together, but if they can’t get that they at least need a continuance.

    The idea being to keep this lawsuit out of the MSM as long as possible, preferably until after the election then it becomes a mute point.

    If Obama loses no one cares.

    If Obama wins then he will use his power to crush the lawsuit.

  16. nobama08 says:

    Thanks Jeff for keeping us all informed- You sir are the only one who has done so. I have forwarded this lawsuit to various media sites and NOTHING has been said and no reponses to the emails. So again thank you.

  17. Terrenz Sword says:

    For all you “Billary” fans I think you’d beter watch this Youtube video (in two parts) concerning her credibilty and a fundrasier in Hollywood…

    The Shocking Video Hillary Does NOT Want You To See! (1of2)

    The Shocking Video Hillary Does NOT Want You To See! (2of2)

  18. Anonymous says:

    Fox new about this lawsuit. I don’t believe one bit that they didn’t know. Something strange is going on.

  19. Anonymous says:

    I am not for McCain or Obama (swinging to Chuck Baldwin, as has Ron Paul) — but this is certainly a blockbuster. Many thanks to Phil Berg for uprooting the actual Obama birth certificate… he’s no American!

  20. Jet says:

    It looks like we’ll have to wait untill tomorrow then to find out what Obama and the DNC will do, huh?

  21. Jet says:

    If Governor Arnold Schwarzenegger decided to run for POTUS in 2012 and none of the political parties nor the FEC raises any objection to his candidacy despite him being a naturalized citizen, who then has the standing to bring a lawsuit to stop him on the basis of failure to meet the citizenship requirements?

  22. Me says:

    I truly do not understand why most just accept everything that Obama says without question. I just began reading “The Obama Nation: Leftist Politics and the Cult of Personality” by Jerome R. Corsi. I’m only on page 72 and already there are several inconsistencies with what Obama claimed in his autobiography and what others claim and what facts show. Why does this man get a pass all of the time, while others do not?

    In the case of producing a birth certificate, he MUST not get a pass. We must see that the Constitution is upheld.

  23. Anonymous says:

    What a pathetic attempt. This case will be thrown out just as McCain’s was. has debunked the birth certificate rantings of the far right and the ex-Hillaryites, as well as Hillary lover Berg. Get a life. Even the state of Hawaii has chipped in and confirmed the validity of his birth certificate. Desperation is the disease of fanatics. Enjoy it.

  24. Anonymous says:

    Sorry Anony,
    Obama is busted. His BC is a fake….

  25. Anonymous says:

    To the last poster who noted

    You should be aware that is owned by the Annenberg Companies. Barack Obama, has a long history with Annenberg, most notably, he was the President of the Chicago Annenberg Challenge foundation.

    Do you really think FactCheck is unbiased?

  26. DigitalSamurai1 says:

    Unfortunately, even IF this pans out to be factual and Obama is somehow eliminated, this would likely leave the election, a McCain fest. McCain, is a military-industrial complex life long tool. He can flip-flop on an issue multiple times per day. He crashed five multi-million dollar jets, only to be promoted (well, having two admirals in your family, his grandfather having an aircraft carrier named after him, I guess is pretty helpful). Never mind the fact that he actually picked Palin as VP. Where is that man’s judgement? Yep, him in the White House, is just as scary as having a Wall St. tool like Obama in there assisting the creation of the Constitution busting NAU. Nothing will change for the better, either way.

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