Berg v. Obama Update — Thursday, October 9

Berg Files Response to Defense Motion for Protective Order

This morning, Philadelphia attorney Philip Berg filed a response in opposition to the motion for protective order, a measure intended to stay discovery until after the judge rules on a defense motion to dismiss, filed by Barack Obama and the DNC on Monday.

In the response Berg insists, among other things, that he is not seeking the documents specified in his motion for expedited discovery for any improper purpose, that the information requested through discovery is of extreme importance and a matter of public safety, and argues that Barack Obama and the DNC

  • have not pointed to any “legitimate privacy concerns.”
  • have not pointed out any “substantiated specific examples” showing that disclosure of the information requested through discovery would “cause a defined and serious injury.”
  • have not effectively demonstrated “any risk that particularly serious embarrassment will result” from turning over the requested documents.
  • have failed to show “good cause” and are not entitled to a protective order.

On the latter, Berg cites a 1994 decision by the Third Circuit Court of Appeals–the appellate court sitting here in Philadelphia and the natural next step in this case should the losing party in District Court choose to appeal–in which the court held that “good cause” exists when the moving party can specifically demonstrate “that disclosure will cause a clearly defined and serious injury” based upon a seven-factor test:

  1. Whether disclosure will violate any privacy interests;
  2. Whether the information is sought for a legitimate purpose or for an improper purpose;
  3. Whether disclosure of the information will cause a party embarrassment;
  4. Whether confidentiality is sought over information important to public health and safety;
  5. Whether sharing information among the litigants will promote fairness and efficiency;
  6. Whether a party who would benefit from the order of confidentiality is a public entity or official; and
  7. Whether the case involves issues important to the public.

He is requesting that the court order Barack Obama and the DNC to answer ten admissions apiece, all dealing with Obama’s citizenship, constitutional requirements for the presidency, and donations made to Obama’s presidential campaign.

The filed materials also include–and read this carefully–a pair of PROPOSED ORDERS, a procedural fill-in-the-blank measure filed by attorneys to “assume the sale” and make the judge’s job easier, theoretically allowing him or her to simply sign off on a previously crafted document should he or she come down on the side of the filing party. It is important to know this, as Internet rumors have been mistakenly swirling that Judge Surrick has ordered this or ordered that, when in fact people are simply misinterpreting what is a proposed order.

In the case of this responsorial pleading, Berg has filed two separate proposed orders — the first a ready denial of the motion for protective order filed by Obama and the DNC, the second a ready order granting in part and denying in part, a measure which would essentially commence limited discovery.

Looking at this from the perspective of defense counsel, there are a few areas where today’s filing is open for counterattack. One is the distinction between questions of law and questions of fact, another is the “automatic” nature by which a court will stay discovery. First, in this case as it stands now, the question of law is whether or not Phil Berg has standing to sue Barack Obama, the DNC and the FEC while the question of fact has to do with the veracity of the claims against Obama and the other defendants. In some of the cases relied upon to support his opposition to the defense motion for protective order, the question was in regards to the sufficiency of the allegations, whereas the motion for protective order was a question of law. Second, Berg relies upon Keystone Coke Co. v. Pasquale, a 1999 case which held that a court “should not automatically stay discovery when there is a pending motion to dismiss,” when Obama and the DNC cited cases supporting not an “automatic” stay but a stay in situations when deemed proper.

All in all, however, Berg’s pleadings are getting tighter and are better supported each time. With the possible exception of the Keystone Coke case cited above, most of his cases are on point and his arguments fairly proper, especially given the way similar suits against John McCain have come to fruition in the past. It should be said as well that none of the measures taken by either side should be all that surprising–with possible exception of Berg’s request for a special master in his motion for expedited discovery, undoubtedly a decent maneuver–given the potentially high-profile of this action.

This now makes a total of six pending pleadings in the court, not including the two intervening motions — Berg’s motion for expedited discovery, Obama and the DNC’s motion to dismiss, Berg’s opposition to the motion to dismiss, Berg’s motion for leave to file amended complaint, Obama and the DNC’s motion for protective order, and today’s response. Judge Surrick could address each one at once, or he could address all on one order. Either way, he could do it essentially at any time. That could mean today, tomorrow, next week, or beyond.

I’m still waiting on comment from Philip Berg on some specific legal questions he wanted to ponder before answering. Understandable, because they weren’t easy questions. As soon as I receive his answer, I will include it here.

– Jeff



  1. citizenwells says:

    Which criminal act will stop Obama first:

    Berg lawsuit.

    Rezko corruption trial fallout.

    Acorn voter fraud ties to Obama camp.

    FEC campaign contribution investigation.

  2. val_inv says:

    I must admit that Berg is a sharp guy who knows his case law. He has laid out a very extensive case, enumerating each point that Obama could be eligible for a Protective order, and then shooting each of them down concisely and legally, citing numerous case law precedents along the way

    It continues to boil down to this: All Barack Obama has to do is to produce a legal, verifiable, and original Hawaiian vault birth certificate, and ALL OF THIS WILL PROBABLY GO AWAY

    Just DO IT, Mr. Obama, if you can

    The chilling thing about this is that Mr. Berg finally enumerates in this latest response that once Obama is sworn in as POTUS, the protections that surround that office might make it impossible to REMOVE him from office

    And don’t bother talking about Impeachment – does any rational thinking person really believe that the Democratically-controlled Congress would bring Articles of Impeachment against a sitting Democrat President?

    LOL – I need some of what YOU are smoking if that is true

    Bloody fascinating and scary case – it has my attention


  3. marie says:

    I am in prayer and fasting over all of these men, and you too Jeff, for helping this country remain American, and remain honest. My powers are limited but I can at least pray, and believe that God is indeed on the side of truth and that all of these wonderful men who are against great odds, and great evil are doing all they can do to make it right and honest for the American people. Thank you all for your labor and hard work. I am financially supporting Philip Berg in my meager way, but every little bit helps, so please people support these men fighting for the truth. Help them.

  4. Anonymous says:

    When is the judge going to rule or is he playing politics with this case?

  5. TypewriterStreaming says:

    It’s October 9th – when is the Judge going to rule, at last minute possible so any possible appeal might run past Nov. 4th? Do you know is the Judge a Democrat, Republican or Independent?
    Jeff, thanks so much. We owe you greatly for your work.

  6. says:

    Much of it looks the same as the papers served on the DNC originally (Exhibit A on the DNC’s motion to dismiss)

  7. Anonymous says:

    Near the end of earlier thread I asked if the judge can order in camera inspection of discovery results, I believe he can – anyone know? JP

  8. JLC says:

    just actual vault proof of Hawaii birth may not be enough. if he is a dual citizen or Indonesian citizen, he may not qualify as a “natural born citizen.”

    Here’s an interesting argument on the meaning of “natural born citizen”

    suggesting that having one non-citizen parent and/or dual citizenship
    disqualifies from being a “natural born citizen” and thus ineligible for
    Commander in Chief job.

    and more on Indonesia suggesting that vital documents concerning adoption and school records may have been compromised :


  9. Jeff Schreiber says:


    Judge Surrick is a Clinton appointee. I pointed that out, I believe, in one of the first entries with regard to this case, and you can read into it as you please.

    Remember, too, that these things do indeed take time. I had a bad faith suit against my homeowner’s insurance provider last year after they refused to pay a claim for a covered, water damage-related loss, and it took a YEAR to even reach arbitration. Now, that was state court, but you get the idea.

    These things take time. I know a girl who used to clerk for Judge Surrick, and she found him to be very fair and very deliberative. I have no reason to think that he will do otherwise.

    I have a few theories with regard to timing, but I’m not sure I can share those at this time, as they’re likely wrong and I don’t want to do something which could cause a problem in the long run.

    – Jeff

  10. Anonymous says:

    I hear Jerome Corsi is going to start publishing the stuff he got of Kenya tomorrow. It should be interesting!!!

  11. Anonymous says:

    Hello Jeff,

    Just to thank you to keep us readers informed!

    In another of your postings, would you mind telling us how long do you think it will take for the judge to clearly make a decision?

    If he is a Democrat and a zealous one on that, he might even wait till after the elections are done to give a decision, as I suppose he does not have to give a decision within a specified period of time!

    And even if Obama gives the documents that could be requested by the judge later on, they can all be dishonest documents! So, these documents would have to be thoroughly double-checked for their authenticity!

    I read the name of the guy who produced the live short version of the birth certificate document that he used for his passport and his name was more of the African-type than anything else. How can we trust clerks that might also be in cahoot to produce documents in favor of Obama!

    For Kenya, all the possible documents are likely to have been destroyed by Kenyans to protect Obama and that would cause another problems even though there must have a hospital in Hawaii that has a record of Obama’s birth record and, if not, then it is a “proof” that Obama was not born in Hawaii.

    Honestly, for such a critical issue, I cannot understand the silence of ALL the media (even FOX!)! They might fear a backlash if Obama would truly have the documents available.

    One thing is sure, a law must make it compulsory to vet the candidates for presidency before they even run!

    Keep us informed and thanks a lot. All the best to you and your family.

  12. Kathy Niccum says:

    Think of this – based on Obama’s known associates, he would have a hard time obtaining a security clearance. If he is elected, he will automatically be granted access to sensitive information he would not have access to otherwise. People need to wake up and THINK!

  13. Anonymous says:

    I am not sure but there might be an error in the English Grammar with 3 and’s

    have not pointed out any “substantiated specific examples” showing that disclosure of the information requested through discovery would “cause and defined and serious injury.”

    maybe one of those “and” at the end should be “any”

    I do not want the court to reject on a typo. It does not make good sense to me as written. but then I copy off of Americas right and maybe the typo is there and not on the filing.

    God Help us all.

    I am finding it impossible to post on bergs site obama crimes. so I am sending this to you. hopefully you and berg can look into this possible error or typo asap.

  14. Greg Goss says:

    Can someone look past this and tell me what if he deemed in-eligible before Nov 4ht? What if he is deemed ineligible after Nov 4th but before inauguration.

    In the first hypothetical does the DNC get to insert a new candidate?

    In the second does the runner up become the POTUS?

  15. Almost Ali says:

    In a case like this, one would think the judge would respond as if he’s well acquainted with the law.

    To put it directly, the perception is that he’d rather be in Hawaii. And please remember perception is 9/10ths of the law.

    Meanwhile, he’s dawdling down the road to infamy.

  16. Anonymous says:

    Was Barack Obama Planted?
    From J. Hansen

    This is long, but very important and worth the time to read it.

    This election has me very worried. So many things to consider.

    I watch all the news channels, jumping from one to another. I must say this drives my husband crazy. But, I feel if you view MSNBC, CNN, and Fox News, you might get some middle ground to work with. About six months ago, I started thinking— "where did the money come from for Obama". I have four daughters who went to College, and we were middle class, and money was tight. We (including my girls) worked hard and there were lots of student loans.

    I started looking into Obama's life.

    Around 1979 Obama started college at Occidental in California. He is very open about his two years at Occidental; he tried all kinds of drugs and was wasting his time but, even though he had a brilliant mind, did not apply himself to his studies.

    "Barry" (that was the name he used all his life) during this time had two roommates, Muhammad Hasan Chandoo and Wahid Hamid, both from Pakistan.

    During the summer of 1981, after his second year in college, he made a "round the world" trip. Stopping to see his mother in Indonesia, next Hyderabad in India, three weeks in Karachi, Pakistan where he stayed with his roommate's family, then off to Africa to visit his father's family.

    My question – Where did he get the money for this trip? Nether I, nor any one of my children would have had money for a trip like this when they where in college. When he came back he started school at Columbia University in New York. It is at this time he wants everyone to call him Barack – not Barry.

    Do you know what the tuition is at Columbia? It's not cheap! to say the least. Where did he get money for tuition? Student Loans? Maybe. After Columbia, he went to Chicago to work as a Community Organizer for $12,000. a year. Why Chicago? Why not New York? He was already living in New York.

    By "chance" he met Antoin "Tony" Rezko, born in Aleppo Syria, and a real estate developer in Chicago. Rezko has been convicted of fraud and bribery this year. Rezko, was named "Entrepreneur of the Decade" by the Arab-American Business and Professional Association".

    About two years later, Obama entered Harvard Law School. Do you have any idea what tuition is for Harvard Law School? Where did he get the money for Law School? More student loans? After Law school, he went back to Chicago. Rezko offered him a job, which he turned down. But, he did take a job with Davis, Miner, Barnhill & Galland. Guess what? They represented "Rezar" which is Rezko's firm. Rezko was one of Obama's first major financial contributors when he ran for office in Chicago. In 2003, Rezko threw an early fundraiser for Obama which Chicago Tribune reporter David Mendelland claims was instrumental in providing Obama with "seed money" for his U.S. Senate race.

    In 2005, Obama purchased a new home in Kenwood District of Chicago for $1.65 million (less than asking price). With ALL those Student Loans – Where did he get the money for the property? On the same day Rezko's wife, Rita, purchased the adjoining empty lot for full price. The London Times reported that Nadhmi Auchi, an Iraqi-born Billionaire loaned Rezko $3.5 million three weeks before Obama's new home was purchased. Obama met Nadhmi Auchi many times with Rezko.

    Now, we have Obama running for President. Valerie Jarrett, was Michele Obama's boss. She is now Obama's chief advisor and he does not make any major decisions without talking to her first. Where was Jarrett born? Ready for this? Shiraz, Iran. Do we see a pattern here? Or, am I going crazy?

    On May 10, 2008 The Times reported, Robert Malley advisor to Obama was "sacked" after the press found out he was having regular contacts with "Hamas ", which controls Gaza and is connected with Iran. This past week, buried in the back part of the papers, Iraqi newspapers reported that during Obama's visit to Iraq, he asked their leaders to do nothing about the war until after he is elected, and he will "Take care of things".

    Oh, and by the way, remember the college roommates that where born in Pakistan? They are in charge of all those "small" Internet campaign contributions for Obama. Where is that money coming from? The poor and middle class in this country? Or could it be from the Middle East?

    And the final bit of news. On September 7, 2008, The Washington Times posted a verbal slip that was made on "This Week" with George Stephanapoulos. Obama on talking about his religion said, "My Muslim faith". When questioned, "he made a mistake". Some mistake!

    All of the above information I got on line. If you would like to check it – Wikipedia, encyclopedia, Barack Obama; Tony Rezko; Valerie Jarrett: Daily Times – Obama visited Pakistan in 1981; The Washington Times – September 7, 2008; The Times May 10, 2008.

    Now the BIG question – If I found out all this information on my own, why haven't all of our "intelligent" members of the press been reporting this?

    A phrase that keeps ringing in my ear – "Beware of the enemy from within."

  17. Anonymous says:

    why has philip berg’s website crashed?

  18. Anonymous says:

    Does anyone know if all the traffic crashed the ObamaCrimes website?

  19. Anonymous says:

    What happened to I can’t open it. It says that it is being repaired. Do you know when this will be finished?

  20. Anonymous says:

    The suit has no chance, not this close to Nov 4th. If it was filed last year then Mr Berg could have had a chance. No judges will stop an election regardless of the facts and/or laws.

    Thanks Jeff for all the updates.

  21. Me says:

    Anybody know what happened to Philip Berg’s site, I keep getting an error message and cannot get to it.

  22. Anonymous says:

    Is anyone else having trouble getting up anymore? What happened today and why is the site down?

  23. Goldie says:

    Obama gave US money to Odinga for his campaign and then he murdered everyone opposing him. Even a church full of women and children fleeing for their lives. Burned them alive. Here is Odinga in a message talking about his “goals for real change in Kenya”….SOUND FAMILIAR!?

  24. Anonymous says:

    I wonder if someone hacked Berg’s website. The website seems to have crashed. I wonder if Obama’s Truth Squad who fears the truth being told about Obama hit the website.

  25. Anonymous says:

    Federal Rule 26(a)1C applies here. There has not been a 26(f) conference, so there is no time period tolling for when disclosures must be produced.

  26. Anonymous says:

    to anomyous from J.Hanson and a friend sent it – same info couple days ago.
    I was thinking same about his money. I was a fund raiser for a new senator, years ago, and we have to be careful about contributions. I saw look over contributions at FEC, and when I saw he get over $426 million, now. I don’t know Americans would give this much, maybe $200million honestly. So I heard that FBI are looking at this pile of money, maybe they could seize it to help our Financial Crisis. Thank you from Al-Zorro from our rogue friends.
    I’m always looking at Berg’s website and it just crashed tonight! I hope it was backed it up, and WONDER if someone did it?? Maybe too many people…. I hope Mr. Berg will be careful..

  27. Jeff Schreiber says:

    I exchanged messages with Berg. The problem with his site, now fixed, was apparently due to a software glitch and nothing malicious.

    What does it say about Barack Obama, though, that everyone assumes otherwise?!?


  28. Anonymous says:

    I made copies and screen shots of a lot of the Berg stuff, including the blogs….just in case the ‘truth squads’ drive by…

  29. Anonymous says: IS BACK!!!!

    Honesty, I’m addicted – but would behind in nice federal prison and have an American president..

  30. Anonymous says:


  31. Anonymous says:

    Chuckle anyone?

    One of those “dyslexic typos” on page two of Berg’s Brief in Support … says that under the laws of that time, Obama’s mother was required to have lived 10 years in the “UNTIED States.”

    We may very well become the Untied States as a consequence of this suit.

  32. Anonymous says:

    Hey Jeff(Schreiber)

    First of all, THANK YOU for the incredible job you have done covering the Berg lawsuit.

    Someone asked if Judge Surrick was a democrat, I believe you may have been wrong in your response, Jeff. I was informed by an employee in the clerks office that Judge Surrick was indeed appointed by Clinton, BUT, he is a Republican.

    Could you please let us know. Thank you.

    POSTED BY: George

  33. says:

    “What does it say about Barack Obama, though, that everyone assumes otherwise?!?

    I think it says more about the paranoia some people have developed and the demonic straw man they’ve pictured in their minds.

    My first response to seeing it down was “how long before someone blames Obama for this as well.” It’s like the blogspot outage a few months ago – because it affected some anti-Obama blogs, people assumed teh ebil Obambi was behind it as well. They overlooked the fact that some pro-Obama blogs, as well as blogs that have absolutely NOTHING to do with politics, also went out for a while.

    I’m an IT professional, and I know servers fail all the time, and bugs happen. So when something happens like this, I usually assume hardware failure or configuration glitch. Which was the case on the OC site. Which won’t stop some people from blaming Obama anyway

  34. Anonymous says:


    That’s for the excellent job you have been doing with your blog. Truly thoughtful and insightful commentary.

    Do you have any thoughts on why this is taking so long? Does it bode well or ill for those of us hoping to see Obama exit stage left?

  35. Anonymous says:

    I wonder if Mr. Berg could supeona the Congressman to testify.
    According to Martin’s post, U.S. Congressman Eni Faleomavaega, an outspoken critic of Indonesia’s oppression of Papua and a Barack Obama supporter (and Superdelegate), visited Indonesia in July 2007, with the purpose of “acquiring any and all documentation or photographs of a young Barry Soetoro.” Martin claims that a substantial sum of money was exchanged. He writes:

    The challenge of course was securing Indonesian government records potentially damaging to Barack Obama’s candidacy for the US presidency as well as other records pertaining to a young Barry Soetoro and his family wouldn’t be so easy to acquire and secure.. Dan

  36. Jeff Schreiber says:

    I don’t know, Pat.

    I think the reaction goes to efforts made by Obama’s camp to silence opinion which disparages him or his candidacy in any way. The “Truth Squads” in Missouri, the petition to keep David Freddoso and Stanley Kurtz off of the radio in Chicago — the apparent modus operandi naturally led to such an assumption.

    There is Obama Derangement Syndrome, but this wasn’t an example of that.

    – Jeff

  37. Anonymous says:

    Hi Jeff,
    How’s the Laundry going?
    I was just reading about the “Unclean Hand’s Doctrine” for use against
    I would wonder if it can be used against “Defendant’s”
    involvement with “Factcheck”, and Moveon. org concerning the alledgely “Fraudulent Birth Certificate!
    or, the Congressman Eni…Dan

  38. Jeff Schreiber says:


    Dan, the “Unclean Hands Doctrine” is more of an assertive defense, something that a defendant uses to minimize or eliminate liability. I see where you’re going, and I think it’s good, but I’m not so sure it could work here.

    There are readers here who are far better legally-educated than I. Perhaps they can tell me if I’m right or wrong…

    – Jeff

  39. Anonymous says:

    This is my first blog post ever so howdy to all of you. I am a little concerned about Berg’s case. Has does not site any prior cases and that could weaked him case. He does however site the Immigration and Nationality Act of 1952 and the Nationality Act of 1940 giving it some merit. (By the way I am not a lawyer just a concerned citizen) Any way the 14th Amendment could if fact overide all this with just on tiny piece of paper called a birth certificate. I wonder why Obama, and the rest are hesitant to provide this and just shut all of us citizens up. I wonder why?

  40. Anonymous says:

    If you read Berg’s Memorandum in Support of the Temp Restraining Order, and his Respone in Opposition to Defense Motion for Dismissal you will find a dozen or more citations of case law in support of Berg’s standing, his claims of fraud, etc.

    There are six motions before the court none of which have been ruled on.

    Glenn Flowers

  41. kmmaraxus says:

    Berg Video explaining court case up to this point Oct 10th 2008.

    Short and sweet video to the point.


    I think you should include this link with your new Berg Update posts so the Youtube community will see this video. The number of hits this can produce from your site and the obamacrimes site which i found the link will be vitally important since the youtube crowd tends to be liberal and ignorant in most part.


  42. Anonymous says:

    How is the kool-aid tasting today wingnuts?

    By the way, any word on when that spaceship is supposed to get here to pick you up?

  43. Anonymous says:

    just recieved a e-mail from WUPW FOX NEWS,channel 36, TOLEDO,OHIO.
    Today, Monday, OCT 13, 2008. YOU CAN VIEW IT AT 10PM on this site:
    This story will be on our website by
    I CAN'T WAIT TO SEE IT! Daniel Smith, Long Island, NY

  44. Howard says:

    Obama has not been forthright in telling Americans who he is, who he has been associated with, or what he will do if elected. If the media had done its job in vetting Obama from the beginning … and if 18 months ago Americans knew what they know today about Obama, he would never have made it this far. I would be willing to bet that there are still volumes that we don’t know about Obama, and even more Obama is not telling us about what he would do once elected. We also don’t know where much of his 600 million dollars in campaign contributions came from … possibly foreign nationals. Obama’s donations are literally enabling him to buy the Presidency of the United States. And then there’s Acorn, and voter fraud, which all seems to be favoring Obama. A socialistic agenda will ruin America … whose 200+ year capitalistic ideology has made us the country where everyone wants to live … even at risk of life and limb! It’s pretty obvious that McCain loves America, not just in words, but in deeds that cost him dearly. I don’t mind some changes, but changing our entire free enterprise system for socialism is NOT change I can believe in. I don’t trust Obama. I think he will say or do anything to get elected. These are just some of the reasons I’m voting for McCain/Palin on November 4th.

  45. Anonymous says:

    Is that pathetic preacher Drake who is praying for your President's death relying on the garbage referred to here?

    Judge Roy bean would not hang a coat on this evidence.

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