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Judge rejects Montco lawyer's bid to have Obama removed from ballot

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Jersey Devil Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:18 AM
Original message
Judge rejects Montco lawyer's bid to have Obama removed from ballot
Edited on Sat Oct-25-08 08:23 AM by Jersey Devil
Source: Philadelphia Daily News

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 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."

...

Read more: http://www.philly.com/philly/hp/news_update/20081025_Judge_rejects_Montco_lawyer_s_bid_to_have_Obama_removed_from_ballot.html



Freeper heads exploding. What will Hannity have to talk about now? The "Whitey tape"?
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:27 AM
Response to Original message
1. Rule 11 time for Berg, Esquire.......n/t
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Jersey Devil Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:38 AM
Response to Reply #1
7. That would be sweet indeed
A nice little fine for filing a frivolous law suit would be just peachy.
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scytherius Donating Member (576 posts) Send PM | Profile | Ignore Sat Oct-25-08 10:15 AM
Response to Reply #1
13. That would make my . . . hmm . . . at least last few months. n/t
n/t
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texpatriot2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:33 AM
Response to Original message
2. Re: GOP disinformation, "why F____ up perfectly good fiction w/
the facts."

Thank you Judge for sticking to the facts.
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Greg K Donating Member (438 posts) Send PM | Profile | Ignore Sat Oct-25-08 08:33 AM
Response to Original message
3. bwahahahaha - stupid wingnuts.
They're going to cling to the 8 other lawsuits about this birth certificate, and the imaginary Michelle tapes.


They're going to hound Obama through out his Presidency, because they just can't accept the fact of a Democrat in the White House, much less a Black Democrat.
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Swagman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:33 AM
Response to Original message
4. racist scumbag. I'm surprised the freepers aren't attacking Hawaii
Edited on Sat Oct-25-08 08:35 AM by Swagman
for having been the birth place of Obama. It's all so sad.

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LaurenG Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:35 AM
Response to Original message
5. Ha
:rofl: They just make stuff up when thy don't get their way!
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:37 AM
Response to Original message
6. There will always be ignorant people that buy into the lies.
Stealing votes, one idiot at a time.
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Fluffdaddy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:59 AM
Response to Original message
8. The freepers heads are exploding over there, They had hi hopes over this crap
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scytherius Donating Member (576 posts) Send PM | Profile | Ignore Sat Oct-25-08 10:16 AM
Response to Reply #8
14. OMG they are!
I go there several times a day and they really believe this one. Oh well. Good. lol
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Patiod Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 09:01 AM
Response to Original message
9. I KNEW it was him - he's a nutcase former Dem Committeeman
Edited on Sat Oct-25-08 09:03 AM by Patiod
He's a loony-toon publicity whore who is one of the last remaining "PUMA"s.

He lives nearby, and used to come to our democratic committee meetings with his teenaged son and disrupt to the point where they almost started a fistfight once (his son thought someone was insulting his dad, and tried to take a swing at the guy).

He tried to put his 16-year-old son on the ballot for our local District Justice (he won the court case to have the kid on the ballot, but lost the election)

This guy is seriously loony - google him, and there's a whole host of bizarre cases he's filed. I'm surprised he hasn't been disbarred.

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mackerel Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 09:33 AM
Response to Reply #9
10. Phillip J. Berg usually goes after Bush and Cheney
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Fluffdaddy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 09:53 AM
Response to Reply #10
12. I'm shock that the freepers would base their hopes on a nut case like Berg
They must be scared and desperate and really feel that Obama is going to win this thing.

All above gives my a nice warm feeling inside:smoke:
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scytherius Donating Member (576 posts) Send PM | Profile | Ignore Sat Oct-25-08 10:18 AM
Response to Reply #12
15. Check em out sometime. All they rely upon are wild conspiracy theories.
And any of their few reasonable members, (and yeah I've read a couple) are immediately shouted down when they try to be a voice of reason.
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cascadiance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 09:50 AM
Response to Original message
11. As an American citizen born in Indonesia, this jerk personally insults me!
Edited on Sat Oct-25-08 09:54 AM by calipendence
Is he calling me UNAMERICAN? I was born there by American citizen parents and moved back to the states shortly after I was born. I guess with a-holes like this, I'd probably not even think about running for president if I ever wanted to entertain that idea.

And this jerk should be reminded that McCain himself was born outside the territorial confines of the U.S. too, when he was born in Panama! Should we be allowed to lump in with the likes of Noriega too? Does that mean that in his book only third party candidates this year are eligible to be president?

And even for me to have claimed citizenship in Indonesia, even though I was BORN there, which Obama wasn't, I had to make that claim before I became an adult, according to my parents who had looked at that issue of me being eligible for dual citizenship earlier.
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libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 07:49 PM
Response to Reply #11
22. But, Obama WAS born in Hawaii, a US state, not Indonesia. n/t
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xxqqqzme Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 10:37 AM
Response to Original message
16. Did he challenged Obama's mother's
citizenship as well? That is a determining factor no matter where these whackos think he was born.
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lame54 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 11:01 AM
Response to Original message
17. McCain's better off...
How would he feel losing PA to the write in vote?
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Bette Noir Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 11:18 AM
Response to Original message
18. If Obama had been born in Kenya,
How would that make him a citizen of Indonesia?

My head hurts.
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msanthrope Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 12:42 PM
Response to Reply #18
19. This was explained to me. No, really. Apparently Obama's
father isn't boogeyman enough--his stepfather took him to Indonesia, made him a Muslim, and rejected Obama's American citizenship. He made a sleeper agent....and then set him among us, all....

No, really. They have it all worked out...and if you just drink the Kool-Aid, ignore international law, federal law, and all common sense, you will understand this lawsuit............




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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:20 PM
Response to Reply #18
27. It's all the same caliphate as far as the freepdroids are concerned (nt)
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gauguin57 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 01:02 PM
Response to Original message
20. Attention Freepers: Why isn't the burden of proof on the liars and fabricators who make all this up?
If I make up some horrible story about John McCain, it's my obligation to prove my claim. John McCain isn't under any obligation to answer my lies until I have proof that I have reason to make a claim against him.

It's the accuser's burden of proof. It's Andy Martin's, it's Philip Berg's. Prove that you have some reason to believe Obama was born in Kenya, or shut the eff up. Obama has campaign obligations, family obligations and a dying grandmother. He doesn't have time to respond to every lie the wingers make up.

Put up or shut up, wingers.
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libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 07:31 PM
Response to Original message
21. I want to know why McCain is eligible. Panama was never a US territory
and he was born in Panama. I thought you had to be a "natural born" American to run for President. My mother came back to the U.S. during her pregnancy to be sure that I was a "natural born" citizen.
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 07:50 PM
Response to Reply #21
23. The definition of "natural born" is not clear cut
there is a good overview of the issues here:

http://en.wikipedia.org/wiki/Natural-born_citizen
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libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 07:54 PM
Response to Reply #23
24. I think it is pretty clear that he is a "statutory" citizen rather than "natural
born".
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hack89 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:00 PM
Response to Reply #24
26. I think many would disagree - it is not clear cut. nt
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bigworld Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:58 PM
Response to Reply #21
30. The Canal Zone, however, was US territory.
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libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 09:16 PM
Response to Reply #30
31. Not really. See Wikipedia exerpt:
Almost from the inception of the Canal Zone, questions arose as to whether the Zone was considered part of the United States for constitutional purposes, or, in the phrase of the day, whether the Constitution followed the flag. On July 28, 1904, Controller of the Treasury Robert Tracewell stated, "While the general spirit and purpose of the Constitution is applicable to the zone, that domain is not a part of the United States within the full meaning of the Constitution and laws of the country.<4>

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raysr Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-26-08 01:06 AM
Response to Reply #21
32. How is it that a pilot in the
US Navy can give aid and comfort to the enemy(propaganda) and be qualified to run for prez?
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Zhade Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 07:57 PM
Response to Original message
25. And the PUMAs cry.
Both of them.

:rofl:

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Imagevision Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:23 PM
Response to Original message
28. And where in Panama was Mccain born?
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libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-25-08 08:51 PM
Response to Reply #28
29. It really doesn't matter since Panama is not a territory of the US. n/t
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