So what will you all talk about now that Berg’s case has been tossed & we know Obama is a bonafide American?
A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.
Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.
Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.
He alleged that if Obama was permitted to run for president and subsequently found to be ineligible, he and other voters would be disenfranchised.
U.S. District Judge R. Barclay Surrick had denied Berg's request for a temporary restraining order on Aug. 22 but had not ruled on the merits of the suit until yesterday.
Obama and the Democratic National Committee had asked Surrick to dismiss Berg's complaint in a court filing on Sept. 24.
They said that Berg's claims were "ridiculous" and "patently false," that Berg had "no standing" to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.
Surrick agreed.
In a 34-page memorandum and opinion, the judge said Berg's allegations of harm were "too vague and too attenuated" to confer standing on him or any other voters.
Surrick ruled that Berg's attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were "frivolous and not worthy of discussion."
The judge also said the harm Berg alleged did "not constitute an injury in fact" and Berg's arguments to the contrary "ventured into the unreasonable."
For example, Berg had claimed that Obama's nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)
Berg could not be reached for comment last night.
Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.
Berg said in court papers that the image was a forgery.
The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.
Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama's birth there on Aug. 4.
http://www.philly.com/dailynews/local/20081025_Judge_rejects_Montco_lawyer_s_bid_to_have_Obama_removed_from_ballot.html
May 29th, 2010 - 08:34
the Conservatives will just make up another lie.
May 29th, 2010 - 09:31
This idiot attorney should be charged all court costs for filing such a frivolous lawsuit.
May 29th, 2010 - 09:35
Lets try the economy.
May 29th, 2010 - 10:14
lol “he was born in Kenya… a citizen of indonesia”
yeah that’s a logical connection
May 29th, 2010 - 10:42
Some will insist it isn’t over and they’ll appeal DESPITE the whole matter being MOOT after Nov. 4th….any appeal will be a waste of money and effort.
May 29th, 2010 - 11:17
The judge did not say anything about Obama’s nationality or his citizenship. You misstated your question. The judge here just said that there was not any damage done to Berg that gave him any right to a suit in this case. No where does it say anything about where Obama was born or if he was even a citizen. You said yourself it was Factcheck that stated that the birth certificate was authentic. But then ACORN was supposed to be non-partisan also and its funny how a non-partisan group was caught tampering with voting booths and falsifying documents to get illegal votes for Obama. Dont throw non-partisan in there to make us think that they wouldnt try to run interference for Obama.
May 29th, 2010 - 12:12
I wasn’t talking about it to begin with.
May 29th, 2010 - 12:24
So how many more white racists out there who want to kill Obama ?
http://www.cnn.com/2008/CRIME/10/27/obama.plot/index.html