Court Dismisses Berg Case - LINK TO ORDER

[Tesibria]

For those interested, Judge Surrick has dismissed the case filed by Berg against Obama.

See www.WhatsYourEvidence.com for a copy of the order.

Some highlights
General:

We note that while we take Plaintiff's allegations as true for purposes of this motion (as we must), Defendants Obama and DNC characterize them as "patently false." See Opinion at 7, footnote 7.

"...Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotly contested presidential primary in living memory." See Opinion at 11, footnote 9 (emphasis supplied).

"Plaintiff attempts to establish standing on several additional grounds, but his arguments do not solve the fundamental problem that the harm he alleges does not constitute an injury in fact. His most reasonable arguments attempt to distinguish Hollander. For example, he asserts that the harm he has experienced is sufficient to constitute an injury in fact under Akins. However, Plaintiff ventures into the unreasonable with arguments based on a number offederal statutes." See Opinion at 14 (internal citations omitted; emphasis supplied).

"Plaintiff makes additional claims about Obama and his campaign "abus their position and the law for intimidation purposes to stop people from free speech when the speech includes criticism or questioning of Obama ...."... The Amended Complaint makes no attempt to allege facts in support of these claims, which standing on their own are nothing more than conclusory allegations." See Opinion at 21, footnote 15 (internal citations omitted; emphasis supplied).

Re: Berg's Statutory Standing arguments: "Plaintiff cites no authority under which any of these statutes would confer standing on him to bring his Natural Born Citizen Clause claim and we are aware of none, We therefore find that Plaintiffs attempt to use these statutes to gain standing to pursue his Natural Born Citizen Clause claim are frivolous and not worthy of discussion." See Opinion at 17-18.

[Bicoastal]

1. Think this Berg guy REALLY BELIEVES Obama was born in Kenya?

I can't figure out if he's crazy, manipulating the system for media attention, or both.

[WeDidIt]

2. I've see at least ten different conspiracy theories about Obama's origins

And this after the Hawaii Deparment of Health has verified Obama was born in Hawaii and that the birth certificate he has presented is genuine.

[still_one]

5. Nope, I think he either he hates Obama because of his primary win over Hillary

or he is a fu*kn racist

[Sebastian Doyle]

3. Hey Berg....

FUCK YOU and the syphyllis infected PUMA you rode in on, motherfucker!

[bluestateguy]

4. Am I reading this correct? The judge called the case "frivilous"?

Does that mean that Berg has to pay the court costs?

[Tesibria]

9. Not quite ... the judge called one "set" of his arguments frivilous

[rocktivity]

6. As long as at least one of your parents is an American citizen at the time

it doesn't MATTER where you're born!

:headbang:
rocknation

[quakerboy]

8. I was reading up on that

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9424d88de8c9f010VgnVCM1000000ecd190aRCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD


It kinda makes the whole thing extra ridiculous. Even if they were right, it wouldnt matter. But they ain't right.

[anneboleyn]

15. The whole thing is bogus, but here it says that both parents have to be U.S. citizens (not just one)

Obama was clearly born in Hawaii per his birth certificate and the whole thing is absurd, but I think both parents have to be U.S. citizens when a child is born abroad for that child to become president:


From: about.com
http://usgovinfo.about.com/od/thepresidentandcabinet/a/presrequire.htm


Only native-born U.S. citizens (or those born abroad, but only to parents who were both citizens of the U.S.) may be president of the United States, though from time to time that requirement is called into question, most recently after Arnold Schwarzenegger, born in Austria, was elected governor of California, in 2003. The Constitution originally provided a small loophole to this provision: One needn't have been born in the United States but had to be a citizen at the time the Constitution was adopted. But, since that occurred in 1789, that ship has sailed.

[rocktivity]

17. One parent is enough

According to the http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9424d88de8c9f010VgnVCM1000000ecd190aRCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD">US Immigration and Citizenship web page.

Generally, people are born U.S. citizens...(t)hrough birth abroad to ONE United States citizen...if all of the following are true:

* One of your parents was a U.S. citizen when you were born;
* Your citizen parent lived at least 5 years in the United States before you were born; and
* At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday.*

Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized...

* If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.

You're welcome.

:patriot:
rocknation

[adamuu]

7. 1000 words that say "No."

"Go away"
"not just no, but hell no"

[iiibbb]

10. No offense to lawyers, but in my experience many of them want to win, more than they want truth...

.... so if Berg "believes" it, it's because he's talked himself into it from a bias of wishful thinking, rather than an unbiased analysis.

I honestly believe that even if a Republican judge heard this case they'd throw it out... and that's the difference between bias and non-bias.

[The Velveteen Ocelot]

11. How did this knucklehead get through law school?

And why didn't the judge nail his stupid ass under Rule 11? I hope the defendants move for sanctions. What a douche...

[Tesibria]

13. No Rule 11 Sanctions likely

.. because that would just continue the case.

Oh, and Berg has announced that he's appealing to the Supreme Court.

[WinkyDink]

12. "not worthy of discussion"~~~ Bwahahahahahaha! TAKE THAT, MORANS!

[NV Whino]

14. Thanks for posting this.

I just sent off a copy to one of my misguided "friends" who keeps sending me shit.

[Tesibria]

16. you're WELCOME!