It was during a quiet conversation in the courthouse a few weeks ago that, pressed with questions about standing and the very real possibility that his suit could go the way of Fred Hollander’s or Markham Robinson’s [citizenship-related suits against John McCain dismissed on grounds of lack of standing], Phil Berg first told me that he planned to appeal to the Circuit Court and beyond, if necessary, should his effort in Federal Court have a similar fate.

At the time, he asked me that his determination to continue his crusade be kept off the record. Now, speaking with WorldNetDaily, the same online publication which back on August 23 gave a relatively unfavorable report on his action, he appears to have let the cat out of the bag.

As a conservative, his resolve falls on happy ears. As a guy who is semi-law-trained, I cannot help but wonder whether his stated intentions could be perceived as an admission of lack of standing. Knowing the guy, I cannot imagine the latter being true, as Berg steadfastly maintains his standing.

Either way, WorldNetDaily is a big-time Web site, with an exponentially larger reader base than the five to 15 thousand [smart, physically attractive] people that stop by America’s Right on a daily basis — and as a conservative and staunch believer in fair, objective reporting on all presidential candidates, I couldn’t be more pleased that this story may be on its way to coverage by the mainstream press.

Keep your fingers crossed and, as always, keep checking here for updates. My contacts in the court will ensure that readers here will be among the very first to know when an order comes down from Judge Surrick’s chambers.

– Jeff

DNC Steps in to Silence Lawsuit over Obama Birth Certificate
by Drew Zahn, WorldNetDaily

The man suing Sen. Barack Obama and the Democratic National Committee for proof of Obama’s American citizenship is outraged that his own party – rather than just providing the birth certificate he seeks – would step in to silence him by filing a motion to dismiss his lawsuit.

As WND reported, prominent Pennsylvania Democrat and attorney Philip J. Berg filed suit in U.S. District Court two months ago claiming Obama is not a natural-born U.S. citizen and therefore not eligible to be elected president. Berg has since challenged Obama publicly that if the candidate will simply produce authorized proof of citizenship, he’ll drop the suit.

Berg told WND the longer the DNC tries to ignore his lawsuit or make it go away – instead of just providing the documents – the more convinced he is that his accusations are correct.

Despite assertions by the Washington Post, and other organizations that Obama has produced a certified Hawaiian birth certificate, Berg told WND he remains “99.99 percent sure” that the certificate is a fake and he wants a court, not a website, to determine its validity.

Earlier last week, lawyers for Obama and the DNC filed a joint motion to dismiss Berg’s lawsuit. The fact that the DNC joined in the dismissal request has Berg fuming, believing his party’s leaders have ignored his pleas for proof in order to favor their chosen candidate over a rank-and-file constituent.

“I think it’s outrageous,” Berg said. “The Democratic National Committee should be ensuring the Democratic Party and the public that they have a qualified candidate up there. To file a joint motion is like they’re in cahoots.

“Since then, I have asked by way of press release that Howard Dean resign, because (the DNC members) are not fulfilling their duties,” Berg said.

“The DNC has a responsibility to all Democrats in this country to make sure that all of their candidates are properly vetted and properly qualified,” Berg added. “I think it’s really an outrage to the 18-plus million people who voted for Obama and the people who donated more than $425 million to him under false pretenses.”

Berg is frustrated, not only with his own party’s leadership for allegedly not investigating Obama’s background, but also with the major news outlets for failing as well.

“I should also be suing the national media and their disgrace for not properly vetting, inspecting or checking on Barack Obama.

“Look what they’re doing to Governor Palin: They’re opening up her closet doors, they’re going through everything personal, but no one has ever gone after Obama. It doesn’t make sense,” Berg said.

Obama’s website counters Berg’s claims with links to articles that affirm the validity of his citizenship and an image of a Hawaiian birth certificate for Barack Hussein Obama, born in Honolulu, Aug. 4, 1961. The webpage is part of the Obama campaign website’s “Fight the Smears” section, an effort to prevent reports that Obama claims are false from disseminating as damaging rumors.

Berg acknowledges that as long as his lawsuit remains outstanding, the public will talk, and he told WND he wants Obama to quickly prove him wrong or the court to quickly prove him right.

“I’ve been on about 50 radio shows around the country,” Berg said, “and on every one I’ve put out a challenge: Barack Obama, if I’m wrong, just come forth with certified copies of these documents and I’ll close down the case.”

Berg told WND, “I’ve had 19 million hits on my website. …Those people talk to other people, now we’re up to 20, 30, 40 million people who are aware of this controversy, and it’s going to drastically affect the entire election.”

When asked what he would do if the DNC succeeded in getting his case dismissed, Berg said he would “immediately file an appeal to the Third Circuit Court of Appeals, and if we don’t get a fair ruling there, immediately to the U.S. Supreme Court.”

“We’re dealing with the U.S. Constitution and it must be followed,” Berg explained. “I want the Constitution enforced; that’s my main reason for doing this.

“The real outrage is that there’s nothing in our system that provides that a candidate must provide that his qualifications are true and correct before he or she runs, and that safeguard should be put into our system by law,” Berg said.



  1. Judy Rey Wasserman says:

    I stumbled into your site and this post doing research on something entirely different and not at all political. But, the Google provided a headline of your earlier post and this whole story is fascinating.
    I have a smattering of legal knowledge because my Dad was a lawyer and loved the law, so we had many discussions. However, I have no idea what would be the constitutional remedy if Obama was elected and then found to have been ineligible in the courts? Would Biden be president or would the election be invalid due to the Fraud (if proven true)?
    Also, what happens if Obama is proven ineligible before the election?
    I know I am jumping the gun with these questions, but the lawyer’s daughter is curious about the law.
    Perhaps some of your other readers are also. You seem knowledgeable.
    Oh, and when is the hearing in the Philadelphia Court scheduled for?
    Whether one is for Obama or McCain this is just amazing as an issue.

  2. Anonymous says:

    About time it was picked up by someone other than Jeff! Thanks for keeping us up to date on this, buddy!!

  3. Jet says:

    It surprises me that Judge Surrick is taking this long to rule on Obama’s Motion to Dismiss, especially since he asked Berg to submit his response last Monday. I thought he was ready to rule by last Tuesday. I can only surmise that the judge is taking his time to study Berg’s arguments and formulate a response in order to make his decision as appeal-proof as possible by next week.

  4. Goldie says:

    Thank you for posting this. I’m having hope now.

  5. Anonymous says:

    Berg also was on a syndicated morning show carried by XM radio. He said someone filed a motion to intervene.

  6. Jenna says:

    From the maker of Burning Down The House: We need to spread this.

    If Mccain is not going to talk about this we better.

  7. callmike2 says:

    Judy, our goal as readers is to encourage Jeff to do well in his legal studies. He, through his journalistic writings, has gained much more knowledge of daily law practice than most law students possess. If only they all would realize the opportunities that are available to them and make an effort to participate.
    We’re all interested in this lawsuit, we all hope it sprouts legs and gets some attention in the main-stream media. Media studies is my area and I’ll assure you that media outlets always have an agenda. It just seems that this year many of them are on the same page and wearing their biases on their coat sleeves. So, you keep studying, and we’ll keep encouraging Jeff to study and we’ll all be better for it in the long run.

  8. Anonymous says:

    This guy, Berg, better start his car by remote control, avoid riding on small airplanes and have someone taste test all his meals. God, keep this guy safe!

    Carbon Monoxide

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