Berg eligibility case set for conference Jan. 9
Posted: December 19, 2008
12:25 am Eastern
© 2008 WorldNetDaily
One of the original legal challenges to President-elect Barack Obama's eligibility for office to reach the U.S. Supreme Court now has been scheduled for a conference, a meeting at which the justices discuss its merits and whether to step into the fray.
Online schedules posted by the court show the case brought by attorney Philip J. Berg is set for a conference Jan. 9.
The case is one among several that already have reached the U.S. Supreme Court and address the issue of Obama's eligibility to occupy the Oval Office under the U.S. Constitution's requirement that presidents be "natural born" citizens.
Berg has submitted several requests for injunctions, seeking the court's order to stay proceedings in the electoral process until his case is heard, but the request have been rejected.
His original claim, however, remains on track to be heard.
"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his ObamaCrimes.com website.
"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.
 Supreme Court docketing information |
WND previously reported on cases brought by Cort Wrotnowski and Leo Donofrio that both challenged Obama on allegations that dual citizenship based on a father who was a British subject and a mother who was an American minor disqualified him from office. Both, however, were turned back by the Supreme Court.
Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 193,000 others and sign up now!
As WND has reported, more than a dozen lawsuits have been filed over Obama's eligibility to assume the office of the president. Many have been dismissed while others remain pending.
The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "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."
Some of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth.
Perhaps the most perplexing detail, however, has been Obama's refusal to allow the public release of a signed "vault" copy of his original birth certificate.
A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:
- Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied. But the conference on the case is set Jan. 9.
- Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
- Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
- Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
- Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
- Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
- In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
- In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
- In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
- California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.
Last month, WND reported the worries over a "constitutional crisis" that could loom over the issue of Obama's citizenship.
"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void," argues the Alan Keyes case pending in California, "Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal."
With such high stakes, WND earlier launched a letter campaign to contact Electoral College members and urge them to review the controversy.
That followed a campaign that sent more than 60,000 letters by overnight delivery to the U.S. Supreme Court when one case contesting Obama's eligibility for the Oval Office was pending.
A separate petition, already signed by more than 185,000 also is ongoing asking authorities in the election to seek proof Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution.
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.
The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors.
The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?
Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. A one point a Kenyan ambassador said Obama's birthplace in Kenya already was being recognized.
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Previous stories:
More challenges fail in Supreme Court
Supreme Court refuses 2nd challenge to eligibility
Status report: The eligibility issue
Supremes turn down request to stop Electoral vote
Join exploding demand for citizenship documentation
Electors challenged to investigate birth dispute
Last few hours to FedEx Electoral College voters
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Imaging guru: 'Certification' of birth time, location is fake
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