Third Circuit Denies Appeal, Ohio Court Tosses Related Suit, the Associated Press Reports that Obama Birth Certificate is Genuine, and Berg Provides an Update on the Sarah Obama Tapes
In the last few days, I’ve been getting hundreds of e-mails with all sorts of questions and comments — but mostly questions. So, while I’ve only been able to answer a relative few of them, in the interest of providing the requested updates, I’ve provided some of the information here.
If I may, for a moment … please remember that this election is about large ideological divides. Yes, there are underlying constitutional issues which may or may not be genuine and may or may not work out as we’d like, but the one thing we CAN control, the one opportunity we have to control our own destiny, is in that voting booth. Please remember that, because we are facing the most important election in a lifetime.
Philip Berg’s attempt to delay the election until after Illinois Sen. Barack Obama produces his birth certificate and other documentation proving his constitutional eligibility to serve as president of the United States has been rebuffed by the Third Circuit Court of Appeals. This afternoon, Circuit Judge Thomas Ambro denied the Emergency Motion for an Immediate Injunction to Stay the Presidential Election of November 4, 2008 Pending Resolution of the Petitioner’s Appeal filed by Berg two days ago.
Counsel for Obama and the DNC had argued earlier today that the emergency motion should be denied because (1) it stated “effectively a new original case” than what had been included in his complaint, (2) Berg failed to comply with a rules which require him to “move first in the district court for any order granting an injunction while an appeal is pending,” and (3) because his claims were “patently false” and he could not prevail if the case were heard on the merits. Judge Ambro agreed in part.
DENIED. For the reasons ably expressed by the District Court —and not addressed in Plaintiff-Appellant’s Emergency Motion— it appears that Plaintiff-Appellant lacks standing to challenge Senator Barack Obama’s candidacy for the Presidency of the United States. Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his appeal.
Berg, of course, remained defiant.
“The Third Circuit took the wrong position, again saying that I don’t have standing,” he said. “If I don’t have standing, then nobody does. Nobody does. It’s not right. I am doing my best to stand up for the rights of every American citizen to question, according to basic provisions of our constitution, the eligibility of the man who very likely could be elected the next president of the United States in four days’ time.”
“Judge Surrick said that nobody had that right,” Berg said, noting that the district court judge suggested that Congress “should set up a mechanism for this sort of thing in the future.”
“We’re not dealing with the future, though,” Berg said. “This election is in four days, and now we’re leaving the hopes and wishes of all citizens who want the constitution followed with the Supreme Court.”
Ohio Court Tosses Related Suit
Warren County (Ohio) Magistrate Judge Andrew Hasselbach rejected a lawsuit filed last week in a southwest Ohio court asking Ohio Secretary of State Jennifer Brunner to verify Obama’s citizenship or remove him from the ballot. According to an article in the Cincinnati Enquirer, Hasselbach told plaintiff David Neal that he “relied too much on what he read on the Web,” and explained that the burden of proof was on Neal to show that Obama was ineligible, and not on Obama–or anyone else–to prove otherwise.
“It is abundantly clear,” wrote Hasselbach in his decision, “that the allegations in Plaintiff’s complaint concerning ‘questions’ about Senator Obama’s status as a ‘natural born citizen’ are derived from Internet sources, the accuracy of which has not been demonstrated to either Defendant Brunner of this magistrate.”
David Neal was not surprised, telling America’s Right via e-mail [Halloween is a busy day when you have a two-year-old. -- Jeff] that he “knew it would take a Judge with a lot of courage and guts,” and that “this one didn’t have what it takes to defend America against all foes.” As disappointing, but nonetheless expected, as Hasselbach’s decision was, Neal felt as though he had no choice but to file suit.
“I have followed Obama`s rise since late 2006, and the longer it went on, the more it didn’t add up,” Neal said. “Now here I am. Just my duty I guess. Someone has to step up, and there are very few really, maybe 7 or 8 Lawsuits that have tried to stop this. Now, if there had been 500 or 1000 lawsuits this would have been settled by now. But when people are too afraid or don’t actually care enough to become an activist, to physically do something, then the ‘elite’ will continue to run roughshod on America.”
“Until we stand up and fight as one, like John McCain always says, we are doomed to stuff like this and the bailouts,” Neal said. “God only knows what’s next.”
Neal also weighed in on the upcoming election, saying that he was wary of the polls, that McCain has done nicely in spreading the word on Obama’s penchant for spreading the wealth, and that, just today, “Obama said it was ‘selfish’ to not want to raise taxes and share the wealth with all.”
“He actually made references to Ayn Rand’s The Virtue of Selfishness,” Neal said. “I guarantee that didn’t win him any votes.”
With regard to his ongoing saga in the Ohio court system, Neal said that he has filed an appeal with the help of a retired county prosecutor, and that a memorandum will soon follow.
“I don’t know what will happen, but all we can do is try,” Neal said. “It seems as though the judicial system isn’t working like ole’ Tom and Ben [Thomas Jefferson and Benjamin Franklin] thought it would because of gutless Judges. I think the day is fast approaching when we as American citizens are going to have to find a different approach. The judicial system is failing us and failing the constitution.”
Associated Press Reports that Obama Birth Certificate is Genuine
In an article published today in the Honolulu Advertiser, the Associated Press reports that Hawaiian officials have examined Barack Obama’s “original birth certificate” and determined it to be genuine.
HONOLULU — State officials say there’s no doubt Barack Obama was born in Hawai’i.
Health Department Director Dr. Chiyome Fukino said today she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently.
She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest.
Some Obama critics claim he was not born in the U.S.
Earlier today, a southwest Ohio magistrate rejected a challenge to Obama’s citizenship. Judges in Seattle and Philadelphia recently dismissed similar suits.
While common sense dictates that this is certainly bad news for Philip Berg, leaving him to his argument that Obama had relinquished any U.S. Citizenship when he moved to Indonesia and was adopted by his Indonesian step
“If they’re verifying that they’re having a birth certificate, they’re looking at it in violation of the governor’s instructions that nobody should be looking at it,” Berg said, referencing recently-refuted reports that Hawaii Gov. Linda Lingle, a republican and reportedly close friend of vice presidential candidate Sarah Palin, had sealed all records connected with Barack Obama. “Either way, I can only assume that they’re only referring to the forged Certificate of Live Birth posted across the Web until I see otherwise.”
“Besides,” he said, “we’ve got other evidence confirming that Obama was born in Kenya.”
The Sarah Obama Tapes
It was almost ten days ago that I first reported that Berg was in possession of a taped conversation with Sarah Obama, Kenyan paternal grandmother to Illinois Sen. Barack Obama, during which she says that her famous grandson was born in Kenya and that she was present at the hospital for his birth.
Truth be told, I had known about this for some time before then, and had actually heard something, a conversation in a language which I sure did not understand. Berg maintained that the conversation had taken place on the night of the third and final presidential debate, and that he was waiting on affidavits from his contact here–a minister–as well as the minister who taped the conversation in Kenya. That, he said, is what took so long.
Saying on Michael Savage’s radio show that he was going to release the tape in a few days without having the affidavits was a mistake, Berg said, but things have changed.
“I have the tape,” Berg said. “The transcript of the tape is in the Supreme Court filings, along with the two affidavits from the individuals.”
The audio of the tape will be released, Berg said, as soon as he “reviews some legal issues.”
To me, his answer sounded a bit like it had come from the editor-in-chief of African Press International, who stalled and made excuses and continued to dig himself and his “news organization” into the hole after refusing to produce audio evidence of a purported conversation with Michelle Obama, during which the would-be First Lady purportedly said a few off-color comments. I smelled a fraud when the API story first came out, and I didn’t much like hearing the “legal issue” excuse on this one as well. So I pressed Berg on it.
“The tape exists,” he said. “I have it. The transcript and affidavits have been included with the filings at the Supreme Court.”
Now, as far as I know, the Supreme Court procedurally cannot accept evidence save for what is in the record from the lower court. This is, after all, a review and not a new proceeding. Still, Berg is adamant that he is doing the right thing.
“We are proceeding on the basis that I have standing and that Barack Obama does not meet the qualifications to serve as president of the United States. Hopefully, the Supreme Court will see that,” he said. “Listen, there’s an easy way to handle this. There’s been an easy way to handle this from the beginning. Ideally, the Supreme Court should issue an order on Monday morning that Obama submit all information by 5:00 p.m. on Monday afternoon or have his name stricken from the ballot. I hold out hope that the Supreme Court, the people charged with upholding the United States Constitution, will do what they can to avert a certain constitutional crisis.”
I’ve got to tell you, folks — it’s 2:45 a.m, I’m looking at the materials I’ve been given on the Sarah Obama interview, and it’s rubbing me the wrong way. I’m not so sure I like the sources, and because of that I cannot help but wonder about the nature of the content.
Listen, I was dead-on right about that African Press International fiasco being a total fraud. My instincts were correct within seconds of setting my eyes on the article in question, and I’m still kicking myself for not trusting my gut over the days that followed.
I’m a fairly good judge of credibility. Despite Berg’s views on the attacks of September 11, 2001, views which I’ve mentioned to him make me uncomfortable and ill, I’ve found the man to seem surprisingly credible on the issues surrounding his lawsuit so far. While I will NEVER be a conspiratorial kind of guy, I do think that Barack Obama is not telling us the entire story and, for that reason, I do want Berg’s case to be heard on its merits.
This Sarah Obama stuff, however, just doesn’t sit right with me. So, I’ve got a few options:
- Give you what I have in the interest of full disclosure, with the understanding that I’m not so comfortable with it.
- Do some research into the sources, press Berg about it, and post the information I have and what I’ve learned from the research, all with the understanding that I’m not so comfortable with it.
- Give the information to someone with better intestinal fortitude, and provide you with a link.
To me, America’s Right has been about articulating the conservative message, exposing liberal bias in the mainstream media, and the preservation of the ideas and ideals of our founding founders. Reporting on Berg’s suit against Barack Obama, to me, has been about the latter two more so than about Obama himself. It’s been about the media and about the Constitution, not the candidate, and I’m not so sure that I really want to go down this road without careful consideration.
I hope that makes sense.