Lawsuit: Questioning Obama's Citizenship and Eligibility to be U.S. President
Former Pennsylvania Deputy Attorney General, a Philadelphia attorney, Phillip J. Berg, Esq., filed a lawsuit in August against Barack Obama claiming he does not meet the qualifications to be president under the U.S. Constitution because he is not a natural-born citizen.
Article II, Section I of the United States Constitution, states that "No Person except a natural born Citizen, or a Citizen of the United States at the time of the Adoption of this Constitution, shall be eligible to the Office of President..."
The suit claims that Mr. Obama, Democratic Presidential candidate, was born in Mombosa, Kenya and not in Hawaii as his birth certificate claims. The suit further alleges that the Certificate of Live Birth was issued after Obama’s birth when the family was able to return to Hawaii. Searches of hospital records in Hawaii fail to confirm Obama’s birth in that state at or around the time of Sen. Obama’s birth.
If Sen. Obama was in-fact not a natural-born U.S. citizen, then he also would not be eligible to serve as the President if elected. Additionally, if he were involved in a cover-up of that allegation, he could be found guilty of a criminal conspiracy.
Besides, even if Obama was born in Hawaii, Berg claims that his citizenship was revoked when he moved to Indonesia and became an Indonesian citizen. Obama's mother married Lolo Soetoro, an Indonesian citizen, and naturalized in Indonesia. According to African Press International based in Norway, Michelle Obama stated, among other things, that her husband was adopted by his stepfather, Soetoro. If Obama was adopted by Soetoro, enrolled in an Indonesian school, became an Indonesian citizen, then he gave up his American citizenship, as there was no dual citizenship law in Indonesia at the time. If this is the case, Obama would have had to come back to the United States through immigration (when he returned from Indonesia to the United States at the age of 10), which he did not. Therefore, according to Berg, Obama would not even be qualified to be a senator.
According to Berg’s website, Sen. Obama has admitted to these allegations by his omission of a response to the allegations. Berg stated that he filed Requests for Admissions on September 15, 2008 with a response by way of answer or objection had to be served within 30 days. No response to the Requests for Admissions was served by way of response or objection. Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides written answer or objection to charges within 30 days, the accused legally admits the matter.
In an interview of Philip Berg to Michael Savage radio show about his lawsuit and in a FOX Toledo's Kristi Leigh investigation Berg has stated that if "Barack Hussein Obama will produce a certified 'vault' birth certificate, a copy of his Certificate of Citizenship and a copy of his Oath of Allegiance to the United States" he (Mr. Berg) will dismiss his lawsuit voluntarily. While on the Michael Savage Show, Berg claims to have obtained a tape of Obama’s grandmother talking about his birth in Kenya.
The lawsuit is not only against Barack Obama, but also against the Democrat National Committee (DNC) that nominated Barack Obama for Presidency. Berg is a member of the Democrat party and a former supporter of Hillary Clinton in the Democratic primaries. Berg has run for governor twice, and for the US Senate as a Democrat. He was also chair of the Democratic Party in Montgomery (PA) County and former member of the Democratic State Committee.
Attorneys for Barack Obama filed a motion in Federal Court in Pennsylvania on Monday, Oct. 20, asking the court to dismiss the Amended Complaint filed by Philip J. Berg. Also Obama's attorneys have filed a motion for protective order which would prevent Obama from having to turn over the documents requested for discovery until after the court has ruled on the motion to dismiss.
FactCheck.org reveals Barack Obama's Certificate of Live Birth filed in Honolulu, Hawaii 2 days after the birth of Sen. Obama. But there have been questions raised about the impartiality of the organization on the matter due to the fact of Sen. Obama’s previous working relationship with the parent company of the site, Annenberg Political Factchecker.
The parties await a decision by Judge R. Barclay Surrick on the motions to dismiss filed on Obama's behalf.
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