FIIIIRRRRSSSSSSSSSSSSTTTTT!!!!

Berg's arguments are silly, but he is entitled to summary judgment on the alternative grounds that the Senatrix-Litigatrix is more divalicious than Obama.

Berg should make the arguement that B. Hussein Obama lost it when he became a radical muslim.

How the hell does this douchebag have a personalized, concrete injury? No standing bitches.

Gotta love a complaint that cites Wikipedia as a source of factual information!

His judge (Barclay Surrick) is a Clinton appointee. On the other hand, he tends to move slowly and carefully. He wouldn't do anything to rock the boat with regard to this even if it had merit.

Bizzare. But I do enjoy that after the Dems tried to use this on McCain it is being thrown back at them . . .by a Dem no less. In fact, though crazy, this is a stronger claim than the one used against McCain.

Is the judge a Clinton appointee? If so, his loyalty and willingness to bend the law should play well for HRC.

Barack HUSSEIN Obama. Enough said.

b. HUSSEIN obama BIN LADEN ARAFAT ATTA lost his citizenship when he became an enemy combatant.

Why does b. HUSSEIN AYERS REZKO obama hate American and/or the Baby Jesus?

There weren't any Democrats challenging McCain's status as a natural-born citizen.
There were a couple of NY Times articles and a law review article, and not much more. One guy, I think a Republican voter, brought a lawsuit challenging McCain's eligibility, but the court held he had no standing.
Senators Clinton and Obama both co-sponsored the Senate resolution declaring McCain a natural born citizen.

The big news is that Barry Dunham lied on his Illinois Bar Application!

11: Senate resolution = no legal effect.

Even worse than citing wikipedia, the complaint states "As posted on the internet," for factual support.

14 - worse still it cites to internet rumors

from original # 11: Of course the Senate Resolution has no binding effect. The Senate couldn't have the final say of the Constitution even it wanted to do. My point was that the Democratic front-runners did not challenge McCain's eligibility to run. They went on record that they believe McCain is eligible. So I don't see any basis for arguing that "the Dems used this on McCain."
By the way, this complaint is insane.

16,
It is insanely awesome.

Sincerely,
P.J. Berg

Even worse that citing wikipedia or the "internet", the complaint states:

". . . This document was verified by television show Inside Edition. . ."

Apparently, this assbag is a 9/11 Truther as well:

http://www.911forthetruth.com/pages/BergBio.htm

18: Normally I would agree, but wasn't it the Star or National Enquirer that broke the John Edwards story? Just saying.

The argument against McCain actually has literal merit. It would be fun to see Scalia try to maintain his espoused textualism and find a way around it. But no one, including the Democrats, wants to use the argument to disqualify McCain and that makes sense. Calling Chin's article the equivalent of Berg's complaint, however, is either dishonest or stupid (unless, of course, one hasn't read either - then it's just the kind of bullshit trolling that has become commonplace on this blog).

this guy would qualify for olbermann's "worst person in the world" if the convention were not taking olbermann's airtime tonight

Guys at my law firm file factually and legally baseless complaints all the time. It's no big deal.

From Berg's bio:
----------
Phil Berg was highly involved in challenging the 2000 presidential election, spending three intense weeks in Florida investigating voting irregularities. He had formally demanded the voluntary disbarment of three Supreme Court Justices (December 12, 2001 letter) due to their conflict of interests in that decision. He was in the process of filing formal legal complaints when September 11th happened and ended that efffort
---------

In other words, he's been at this douchebag thing for a while.

21: Why? McCain was born to two US citizens on US territory. If Crazy Berg is right, doubtful, Obama was born to one US parent, one Kenyan, outside of the US. I'm not saying I agree with Berg, but how could you possibly think that McCain's case has more merit for disqualification?

It would be dishonest to say you're stupid. You are a flaming assclown.

First to say this should state a claim under Rule 12(b)(6). All inferences in Berg's favor mean this states a claim. The political question doctrine may be an approriate avenue for dismissal, but the American People won't quite understand that and it will look like this complaint is true, but for the political question doctrine.

For you fascist, semi-retarded c-suckers who keep highlighting Sen. Obama's middle name, your continued use of this name elicits several possibilities:

1. Your comments are so hateful and stupid that you are joking. You are an intelligent person simply paroding Rush Limbaugh-listening right-wing morons. If this is the case, you are doing a good job of playing a retarded bigot.

2. You are a complete idiot. You have been undoubtedly told numerous times that Sen. Obama is Christian. Indeed you have likely been one of the a-holes who has criticized Obama for his association with his CHRISTIAN pastor. You are so stupid, however, that the fact that B arack is Christian just cannot seap into your undersized brain. If this is the case, your I.Q. is so low that you are doing more harm than good on this planet, and you should be exterminated, or at the very least castrated so that you cannot bring hateful little Nazis like yourself into this world.

3. You are a horrible bigot, and are attempting to capitalize off other repulsive bigots, of which this country has many. This whole effort to call Barack Muslim or emphasize his middle name takes as its premise that being Muslim (or having a Muslim name) is a negative characteristic. Take a step back and think about it: This is a horrible premise. You say "Barack Obama is a Muslim" with the same anticipated negative reaction you would look for if you said that Se. Obama is a pedophile. This is downright cheap, as you are playing off the fears of uneducated Americans that Muslim=terrorist. Can you imagine what kind of outcry there wou8ld be if you "accused" Obama of being Catholic or Mormon.

4. You are so stupid that you are simply parroting lines thrown out to you by Sean Hannity, Ann Coulter, Rush Limbaugh and other Nazis. This is actually a fairly strong possibility, as Republicans are good at letting their fellow right-wing fascists set talking points and just repeat themn until our idiot nation beleives tham.

27: I'm a little from each. I like to stay interesting.

Also, the Nazis were socialists, so wouldn't it be more accurate to call Obama and the other ultra-left dems Nazis?

I think I heard a vessel burst.

Philip Berg sues Obama
Over US citizenship
Google News #: 2
Google Blogs #: 300

The Obama citizenship scandal is starting just like the Edwards sex scandal. Sooner or later, the MSM will be shamed into covering the story!

#27 ------- you've got it all wrong. I never said "OBAMA BEATS HIS WIFE" because I don't believe "OBAMA BEATS HIS WIFE"

Whoa, 27. I can't say for sure, but I'm guessing most commenters are being sarcastic or tongue in cheek.

Everyone knows what a real birth certificate looks like!!! This computer copy called "certificate of live birth", which is a forgery" doesn't even have the hospital listed on it!! It's a fake!! Barry, where is your birth certificate. Has anyone even looked in Kenya for it?

33 - they did and they found it there. Barry H. Obama is not a natural born citizen.

27, are you new to the internets or something? These computers guys have invented this new fangled thing called humor.

I read somewhere that Barama Hussein supports things some people find disagreeable.

It should be noted that Berg cites not only Wikipedia English Version, but also the Wikipedia Italian Version, which gives the complaint infinitely greater weight. The latter says that he was born in "Queens Hospital."
So that makes him a New Yorker, right? End of discussion, fuggeddaboudit.

"This is downright cheap, as you are playing off the fears of uneducated Americans that Muslim=terrorist."

True, not every Muslim is a terrorist . . .but at this point every anti-American terrorist is a Muslim, so what's your point? There's millions of Muslim terrorist set on destroying us . . . and millions more that support and or condone the violence. Just look at recent events. I'd draw a better pictue for you but then a billion Muslims would declare jihad on me . . .the infidel. The PC 1990s are long gone. Get a brain.

And yes, I realize Obama is not a Muslim. And even if he were, you'd have to be crazy to think he supports terrorism. But this is politics . . .and mudslinging is part of it.

37: fuggeddaboudit - that is the phrase on the sign as you enter Brooklyn, not Queens. How dare you!

If Barry Obama didn't want people to think he was a terrorist he shouldn't have married Michelle Obama. Guilty by association.

If Barry Obama didn't want people to think he was a terrorist he shouldn't have married Michelle Obama. Guilty by association. The New Yorker told me so.

If Barry Obama didn't want people to think he was a terrorist he shouldn't have married Michelle Obama. Guilty by association. The New Yorker told me so.

Culd you please repeat that.

I'm an idiot and my computer blows. I wanted to add the New Yorker line so 27 wouldn't get bent out of shape and think I was serioius.

Sincerely,
40-42.

As noted by 25, if Obama was born outside of the U.S. to a Non- U.S. citizen father, the complaint is not facially frivolous. The law for derivative citizenship changes often and the applicable law is the law in effect at the time of your birth, not that which is now in effect. Just eye-balling those facts, the 1955 amendments to the INA would require an uninterrupted term of residence in the United Staters by Obama. (The Ninth Circuit has published most of the cases on derivative citizenship.) Hence, relying upon tacky internet sources, the complaint may have some legal merit.

It is manifestly unclear to me how the complainant could have any standing, of course.

39: Gettouddahere!

-37

27:

YHBT. YHL. HAND.

45,
If being a taxpayer entitles you to sue for establishment clause purposes, being a registered voter certainly would entitle you to standing for this.

27, what do you mean when you say that "Se. Obama is a pedophile" and that he is also "Catholic or a Mormon"? Why do you hate America so much?

Before you idiot Obama-brainwashed-freaks shout that this claim has no merit, READ THE COMPLAINT! His argument HAS merit, although it is badly written and desparately in need of citations. The Naturalization act at the time stated that you lost your citizenship if you became a citizen of another country. Obama's mother became a citizen of Kenya, as did Obama. In addition, he alleges that Obama was born in Kenya, not Hawaii, but was taken to Hawaii after the fact and "registered" there. THe argument has more merit that the argument against McCain. The LAW is on his side - it states that he is NOT EVEN a citizen - as opposed to the McCain argument, where he IS a citizen, and the debate is over whether he is "natural born" for being born on a military base.

All your Obama-Brainwashed-Comments = the typical liberal uninformed brainwashed rantings.

50 - interesting. But Obama must currently be a citizen if he is a Senator, right? (Art. I sec. 3 cl.3.) If not, his election to the Senate was never valid.
What if someone was a "natural born" citizen by virtue of being born in the U.S., then lost their citizenship by becoming a citizen of another country, then (somehow) regained their U.S. citizenship? Wouldn't that meet the requirement for being President?

"You are so stupid that you are simply parroting lines thrown out to you by Sean Hannity, Ann Coulter, Rush Limbaugh and other Nazis."

The end. One thread among many that utterly undermines the myth that "elite" law students and BigLaw attorneys are generally "liberal" and of superior intelligence. Most are mouth-breathing, money-grubbing Republican fools who got their mouth-breathing, money-grubbing parents to shell out for a Kaplan LSAT prep course, and whose dream of "success" is "prestige," bottle service, and an endless parade of anorexic blonde goldiggers with plastic tits who don't mind small penises or premature ejaculation.

In his next suit, Mr. Berg will allege that Obama is actually only 14 years old, but got the Chinese government to forge a birth certificate showing him to be old enough to be president. Its all one big conspiracy.

I checked out the alleged "birth certificate" on Hussein's website, and it mentions that his dad is African? Is that right? Wouldn't that make Hussein like, well, like Black? He's a Black dude? Holy toledo! Is that even legal? I thought the Nationality Act of 1940 provided for the extirpation of citizenship for Negroes who became too uppity?

Unfortunately, this country has been in the shitter ever since way before 1967, when the most liberal court in history relied on a strict-textualist interpretation of the constitution to strike down the 1940 Act as unconstitutional.

I am just a dumb M&A attorney, so I don't know much about the law, but I am guessing that if there were ever a slam dunk for sanctions, it would be a for a lawsuit based on a claim under a statute that was struck down as unconstitutional by the United States Supreme Court 40 years ago. It would be similar to the situation if I sued the Janet Reno demanding that she have the FBI remove the Jew and the Negro from my co-op board because we never gotten around to removing the racially restrictive covenant s in our co-op bylaws.

Obama is a racist catholic mormon with passive aggressive tendencies.

Barack HUSSEIN Obama. Enough said.

(this comment being reposted since it was censored & removed previously by the liberal ATL editors).

56,

Though I support your right to not be censored, I do not support your right to be an ignorant buffoon. See comment # 9.

Looks like Drudge has picked up the lawsuit story!! It's only a matter of time now before Geraldo starts going crazy!

An attorney since 1971, Phil Berg was a Law Clerk to the late Honorable Joseph Sloane, Judge
of the Court of Common Pleas of Philadelphia; and a Lecturer, Community College of Philadelphia, after having served as a Graduate Assistant at the University of Toledo Community Technical College 1968-1969 while attending law school; a substitute teacher for the Philadelphia School District in
1967 and 1970.

Phil fought successfully (pro bono) on appeal for the rights of a woman who was found guilty of Disorderly Conduct and fined $171 by arguing that she had a Constitutionally protected right of Freedom of Speech, a case that received world-wide and national attention.

It is McCain who is on shaky grounds. I understand (internet rumors) that he has never produced his birth certificate, which may show that he was not born in the Canal Zone (no base hospital existed at the time), but in the country of Panama.

Obama had an Indonesian passport when he was 20 and travelled to Pakistan. Since Indonesia doesn't allow dual citizenship, he couldn't have been a US citizen at that time. If he hasn't taken an oath of allegiance to the US since then, does that make him an illegal immigrant?? Just wondering!

Very creative use of formatting in this complaint. Just when you think he's found a pattern, he mixes it up on you. I like that.

Apparently, according to the Obama campaign, In 1981 — the year Obama transferred from Occidental College to Columbia University — Obama visited his mother and sister Maya in Indonesia. After that visit, Obama traveled to Pakistan with a friend from college whose family was from there. The Obama campaign says Obama was in Pakistan for about three weeks, staying with his friend’s family in Karachi and also visiting Hyderabad in Southern India.

But here’s what Daily Musings has to say about the situation in Pakistan in 1981.

Pakistan was in turmoil in 1981 and ruled of martial law. Millions of Afghan refugees were living in Pakistan, while the Afghan Mujahedeen operated from bases inside Pakistan in their war with the Soviets. One of the leaders that based his operation in Quetta, Pakistan was Usama Bin Laden (The Sheik).

Pakistan was on the banned travel list for US Citizens at the time and all non-Muslim visitors were not welcome unless sponsored by their embassy for official business.

The would be only a few reasons a young Westerner of the Muslim faith would travel to Pakistan in 1981:

To Participate in Jihad, which is the duty of every “True Believer”.

For religious education in a Wahabbi sect, Saudi funded, Madrassa.

In order to purchase drugs from the drug marketplace.

Pakistan was not a tourist stop nor the place to hang out with someone’s family in 1981.

Anyone els love the phrase "Since the beginning of the Constitution" on p.4? Sounds almost biblical...

I like The Strategic Use of capital Letters.

"An attorney since 1971, Phil Berg was a Law Clerk to the late Honorable Joseph Sloane, Judge
of the Court of Common Pleas of Philadelphia; and a Lecturer, Community College of Philadelphia, after having served as a Graduate Assistant at the University of Toledo Community Technical College 1968-1969 while attending law school; a substitute teacher for the Philadelphia School District in
1967 and 1970."

A true TTT pedigree. Where did this guy graduate from?

63: Bold. Bold indeed.

You should call into Rush with that and maybe the Cafferty report and see if someone will pick the story up and run with it.

U. Toledo undergrad; Temple Law. See the above cited bio from the 9/11 Truther web site.

63 -- you're a moron.

Also, Berg's statutory interpretation is shaky. Even if Obama were born in Kenya--he wasn't--then it can't be the fact that he's not born a citizen just because his mother was 18. The fact that she continued to live in Hawaii shows that the U.S. parent did reside in the U.S. for the requisite amount of time. But the fact that Obama was born in Hawaii--which is America, as Shane Victorino, Sid Fernandez, Jack Johnson, and our little league world series champions assure us--is the stronger argument.

The lawsuit just an attempt to scare people to say "oh, obama evil bad foreign." see comment 63, above. btw, have you ever actually MET a Muslim?

Sorry. Other way around:

Temple undergrad;
Toledo Law.

This guy is the perfect illustration why we need to cut and implode all non T14 law schools.

HTH.

I'm confused about UPenn State's Philly law school UPenn State's Temple School of Law. Are they the same thing?

Also, how are UPenn State's Philly Campus (aka Temple School of Law) and UPenn Law School - Dickinson Branch related?

The U.S. has gone the full retard.

72,

I assume you are asking whether the UPenn State Law School in Philadelphia is also known as Temple School of Law. If so, the answer is yes.

As to your 2nd question, I think UPenn law faculty rotate between Philadelphia and Dickinson...but they are all UPenn professors regardless of which UPenn school they are teaching at.

38: "at this point every anti-American terrorist is a Muslim, so what's your point?"

really? i'm sure that the Feds would appreciate hearing that they can stop spending intelligence resources on non-Muslims. damn, you're an idiot.

63 is pure comedic gold.

72,

I am a graduate of UPenn State Law School - Philly Campus and I can assure you that, while UPenn Law - Philly is loosley affiliated with the Temple campus in North Philadlephia, the two are not the same institution.

Indeed, UPenn State Law School - Philly is located in West Philadelphia and although it is a bit more modestly funded than the Temple campus, UPenn State Philly relies heavily on the rotating faculty from our main campus in College Station, PA -- who are very highly regarded (IMHO).

"really? i'm sure that the Feds would appreciate hearing that they can stop spending intelligence resources on non-Muslims."

Actually, they can (save for the Russians).

77,

Thanks for the clarification. I admit that I am confused about who this whole UPenn State Law school thing works. I have two questions though:

1.) What is the relationship between UPenn State Law School Philly campus and UPenn State Law School Dickinson campus?

2.) What do you make of the possibility of UPenn State Law School Altoona campus?

63:
Get over it. There's no grassy knoll here. You sound like those idiots who sent out those Clinton e-mails in the 90s tying the Clintons to drug running, rape, the death of Vince Foster, etc.

Why do Republicans do that? You have created an alternative reality, and you seriously need to see a psychatrist. Now read this carefully: Barack Obama is a normal American. He's not Muslim. He's not going to have secret deals with Muslims to blow our country up. He's not a drug dealer. He's a regular guy. Now if you have a problem with his policies, great. But you really hurt your credibility by ranting about some trip Obama took in the early 80s.

80: And you base these assumptions on what exactly? 63 is just as credible as you.

You base your assumptions on what the media tells you. A media, I might add, that has a heavy pro-Obama bias.

81:

Do you also believe in UFOs and that the IRS is a foreign agency?
Memo to friends and relatives of 80: This individual needs to be 5150'd. (See California Welfare and Institutions Code 5150)

81:

Do you also believe in UFOs and that the IRS is a foreign agency?
Memo to friends and relatives of 81: This individual needs to be 5150'd. (See California Welfare and Institutions Code 5150)

Full case name:
Beys Afroyim v. Dean Rusk, Secretary of State

Citations:
387 U.S. 253; 87 S. Ct. 1660; 18 L. Ed. 2d 757; 1967 U.S. LEXIS 2844

Well, it looks like if Obama wins we won't know where to put that plaque that identifies his birthplace.

Sorry, if Schwartznegger is not qualified, then Obama is not qualified. I saw the computer-generated birth certificate for Obama. Didn’t know we had computers printing birth certificates when Obama was born. Where is the written, real birth certificate, in Kenya?

63: You are right on the money. Obama is the Manchurian candidate. It's obvious where his loyalties lie, and I'm sure the CIA knows as well. Everyone knows that the Joint Chiefs of Staff limited Clinton's access to the nuclear football after the Monica Lewinsky affair. Clinton was deemed too unstable and susceptible to leverage by a foreign entity. Obama will probably be handled similiarly if elected. If not, the President Biden would be another option by the government.

87: You are a conspiracy nut. You probably even think that Obama leveraged Edwards to back him by threatening to expose his affair. How absurd! (Even if it is true!)

87: You are a conspiracy nut. You probably even think that Obama leveraged Edwards to back him by threatening to expose his affair. How absurd! (Even if it is true!)

I believe that Howard Dean and Hillary Clinton will try to force Obama from the nomination with this. We still have a chance! Go PUMA!

87:

Under your theory, McCain should be kept handcuffed and in a straightjacket when he's in the White House and when he's meeting with foreign leaders. He is a loose cannon, and a few sandwiches short of a picnic. Apparently he has a habit of losing control and even hitting world leaders. It's not a joke. He clearly has some sort of PTSD that has made him mentally unstable, and he is a hazard to the continuation of this planet.

Dudes, I'm pretty sure 87 was joking.

Dude yeah--Here's the deal. Obama may be inexperienced and not too knowledgable about foreign affairs, etc.
Bush obviously is clueless when it comes to foreign policy.

But McCain is downright scary. He's in the "we should all seriously move to Canada" realm ofscariness. He simply cannot control himself mentally and physically and could end up costing millions their lives. I've never been so scred in my life

Dude yeah--Here's the deal. Obama may be inexperienced and not too knowledgable about foreign affairs, etc.
Bush obviously is clueless when it comes to foreign policy.

But McCain is downright scary. He's in the "we should all seriously move to Canada" realm ofscariness. He simply cannot control himself mentally and physically and could end up costing millions their lives. I've never been so scared in my life. He is literally a trigger-happy madman.

This guy should reach out for some help from K&E or some place like it. Bring in Ken Starr and some hungry right wing associates, chalk it up to the firm's "commitment to pro bono."

Or maybe James Baker's available.

Why did a Hawaiian Newspaper report Obama's birth?

Another Muslim conspiracy.

Keith Olberman is a hack - Obama can do no wrong in his mind. Michelle's speech was weak he called it "perfect".

Obama will have a very, very hard time getting a Top Secret clearance, especially since he's traveled to nations of our enemies as an adult, and since he was a serious drug abuser (anything past marijuana). Any of these would immediately disqualify anyone entering the United States Armed Services from a Top Security clearance. Bill Clinton never got a Top Secret clearance due to his days at Oxford and his own cabinet members had to get special clearance from their departmental lawyers before discussing some sensitive topics. Bill Ayers, according the my sources, has already been told that he will not be allowed on the White House grounds by the Secret Service. Strangely enough, it was Jimmy Carter, a US Navy nuclear engineer and submariner, who considerably strengthened the security clearance guidelines for the executive branch.

wow, liberals are really gullible. Also, I am intrigued by the Upenn--Altoona campus. Do we know anything else about plans for expansion?

Yeah, 99--after reading 63 and 98, it's clear that liberals are the gullible ones . . .

I work in the defense industry and have nuclear weapon-handling training. I can tell you with 100% certainty that Barack Obama could never get a Top Secret security clearance with his past travels to hostile countries, his use of multiple aliases, his past associations with known terrorists and radical groups. If he's elected, the CIA and FBI will be run autonomously without any intervention from Obama, by law! Why did he chose Joe Biden? Now you know. Biden will become the defacto shadow president for all classifed operations. Obama will simply be a face for the cameras and photogs, but the US government will never allow his access to any security matters. I don't know why McCain just doesn't come out and say it. By the way, the nuclear football for Obama will be the fake one that the secret service practices with. Obama will have absolutely no "nuclear launch" authority.

"If he's elected, the CIA and FBI will be run autonomously without any intervention from Obama, by law!"

101 - Your "work in the defense industry" and "nuclear weapon-handling training" does not qualify you to guess what the law is. The boogeyman you refer to as "the US government" is simply the executive branch and adminstrative agencies, which are all, to varying degrees, under the control of the president. In the case of the CIA and the FBI, their heads and higher officers all serve at the pleasure of the president . The idea that they could "by law!" exclude the president and operate autonomously is ludicrous. The idea that the commander in chief would not have authority to control the military is equally absurd.

Nice try though ...

In April of 1999, US President Bill Clinton left a Nato summit meeting in such haste that he left behind perhaps the most important piece of luggage in the world - the "nuclear football".

Speeding off in his motorcade after a meeting at the Nato summit hall, the leader of the world's only superpower left behind the critical briefcase that contains America's nuclear bomb codes.

"Rather than wait for everyone to gather he just took off", said White House spokesman Joe Lockhart.

The real reason Clinton left it: He knew it was a fake!! By that time, the Chairman of the Joint Chiefs of Staff had told Clinton that he was not allowed access to any nuclear launch codes due to his instability. That's a fact.

Obama will not qualify to get a National Security Clearance.

For TOP SECRET Clearances, one must provide information for the previous ten years. It's important to note here that giving false information on a Security Document constitutes a violation of Title 18, United States Code, Section 101, and Article 107 of the Uniform Code of Military Justice (UCMJ). Under the United States Code, one may be fined, and imprisoned for a period of five years. Under the UCMJ, the maximum punishment includes reduction to the lowest enlisted grade, forfeiture of all pay and allowances, confinement for a period of five years, and a dishonorable discharge.

You should be aware that answering all of the questions on the SF86 accurately is very important, because it is taken as evidence of your reliability and honesty. Indeed, if your clearance would not otherwise be denied, it could still be denied if it is discovered that you attempted to conceal information about yourself. It is also possible that even if your clearance were granted, it could later be revoked if dishonesty on the forms is later discovered.

Obama will have to complete this application for a national security clearance:

http://usmilitary.about.com/library/pdf/sf86.pdf

Obama will have problems with these sections:

1. Name - he's uses many aliases
3. Place of birth: The FBI already knows its Kenya!
5. Other names used: see #1
8. Citizenship: Had an Indonesian passport in 1981.
14. Relative and associates: Brother is a militant Muslin and Best friend Ayers is a known terrorist.
15. Citizenship of Relatives: foreign country
17. Foreign activities: Indonesian passport problem
and 1981 trip to hostile Pakistan.
24. Illegal drug use, going back to age 16. Obama really hadn't been truthful about his use of hard drugs or what he was doing in Pakistan in 1981, a major drug market at that time.
29. Civil actions: recent Philip Berg lawsuit will shed light on his wrongful citizenship.
30. Association record: Obama gave Mr. Ayers tax dollars via the legislature, who is a member of the Weather Underground and other communist front groups. He also visited Mr. Ayers home for unknown reasons. And, Obama will lie about it when he signs the bottom of the form.

Barack Obama will never get the necessary security clearance to be President even if he gets elected. Why? Because the clearance process is controlled by civil servants who are men and women of honor. They can't be rolled!!!

104 - very powerful post. I was on the fence for Obama, but I will vote McCain.

Wow. Its getting nutty in here.

"Obama will have to complete this application for a national security clearance:"

wrong.

First, the law creating and governing intelligence agencies makes clear that the point of these agencies is to advise the president and provide him with information. The president does not need to apply to get this information - the whole reason this information is being gathered is to be given to him.

Second, every bit of law governing the classification of information makes clear that the president has the authority to classify and declassify information, and to write the rules governing who has access to that information and the processes for getting clearance. Indeed much of the current process - including the application cited by 104 - is based on Executive Orders, which are enacted unilaterally by a president and subject to reversal or revision by new presidents. The current orders - which Obama could revise if necessary - make clear that the president and the heads of various departments (appointed by the president) have the authority to grant security clearance. (Indeed the only reason civil servants have the authority is that it has been delgated to them by the president and the agency heads.)

Take a look at the relevant law (much of it is cited in that application form), and you'll see what your common sense should tell you.

106 - Obama must comply with the law concerning security clearances. What, you think Obama is just going to walk aboard a nuclear sub after he's elected and say, "Dudes, show me the missile targets for our war plans with Russia." Or how about, "how, General Dude, why don't you give my buddy, Bill Ayers, Rev. Wright, and I a tour of your secret stealth bomber facilities. I'm your new boss, right, dude!" I'm afraid that's now how it works! Obama will have to fill out the form like everyone else. What, you think Obama is going to be king? A dictator? We have procedures and laws in the US. Don't respect them and get burned. That's what happened to Nixon.

#107. The last 4 sentences is what makes these times exciting, indeed. Many (myself among them) think the executive branch has become just that - dictatorial. Follow proceedures and law? So what happens when a judge throws out the suit or dismisses it (as many above site there are no damages to plaintiff) and yet we have a guy who very well may become president did (apparently) not meet the specifics of the law. How many have been convicted of lesser crimes (or pled to them) on technicalities when there really was no concrete evidence of whatever the prosecution says? Just an example, and ignorant musings I'm sure.

#107 I'm impressed by your patience in answering 104. I'm always amazed by these self-proclaimed experts who lay out so many indisputable facts and such clear arguments in support of some lunatic position. And to think that there are whole organizations (RNC, for example) with millions of dollars at their disposal who have everything to gain by the downfall of BO who have never been able to connect these dots. I think they should fire their hundreds of high-dollar DC lawyers and investigators and hire #104 and a few of his MUFON buddies.

Think of the service they'd be doing to our country! Pointing out such an obvious problem as Obama getting a security clearance. Why even if you support the man, you surely wouldn't want him to be emasculated by the "real" government, a la Clinton (see #103).

You guys need to put some new antennae on your tin foil hats. I think the rays are getting in.

McCain/Palin Nuff Said!

Berg's lawsuit is subject to a 12(b)(6) motion. Per comment 5 above, he has no standing. See Ex Parte Levitt, 302 U.S. 633 (1937), not to mention every Supreme Court standing decision in the last 25 years. The judge should sanction him sue sponte for this bullshit.

Berg's lawsuit is subject to a 12(b)(6) motion. Per comment 5 above, he has no standing, because he has suffered no injury in fact. See Ex Parte Levitt, 302 U.S. 633 (1937), not to mention every Supreme Court standing decision in the last 25 years. Rule 11 is right!

I read on a blog that the motion for expedited discovery was granted and that Barak is going to have to produce evidence before 11/4...... any other info or links??

Than You Mr. Berg for filing the Lawsuit. Hopefully the truth will come out. I would check all Airline Flight's from Kenya during August 1961. Also, Obama's College Record's which might show scholarship grant's as a Foreign Student. Why won't Obama
simply show an original Birth Certificate and his College Record's? I hope the Lawsuit get's to the bottom of this! Dan

#111 states:
Berg's lawsuit is subject to a 12(b)(6) motion. Per comment 5 above, he has no standing, because he has suffered no injury in fact. See Ex Parte Levitt, 302 U.S. 633 (1937), not to mention every Supreme Court standing decision in the last 25 years. Rule 11 is right!
=============

Wrong
US Code chapter 5
702

See http://www.whatsyourevidence.com for an analysis of Berg's various claims, addressing the following issues:
Was Obama's COLB Forged? Did Obama Post a Forged COLB on his Campaign's Website?
---More - Polarik's Claims
---More - Reports that Obama's COLB is Authentic

Was Obama Born in Kenya? Is Obama a Kenyan Citizen?

Was Obama Born in Kenya? (Part 2)

Does Obama have a Canadian Birth Certificate?

Did Obama Lie on his Illinois ARDC Lawyer Registration Form?

Did Obama use an Indonesian Passport to Visit Pakistan?

Mr. Berg's Standing Problem
---Berg's Standing Problem - Part II

Did Obama Become an Indonesian Citizen when His Mother, Ann Durham, Married Lolo Soetoro, and Moved to Indonesia?

Commenter #115 said
"Wrong
US Code chapter 5
702"

Have you read that? http://www.law.cornell.edu/uscode/uscode05/usc_sec_05_00000702----000-.html

Berg has no standing to sue DNC/Obama under 5 USC 702. That applies only to Federal Agencies.

Back up one subsection and read 5 USC 701 for confirmation:
http://www.law.cornell.edu/uscode/uscode05/usc_sec_05_00000701----000-.html

"(a) This chapter applies, according to the provisions thereof, except to the extent that—
(1) statutes preclude judicial review; or
(2) agency action is committed to agency discretion by law.
---
(b) For the purpose of this chapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, BUT DOES NOT INCLUDE—
(A) the Congress;
***
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;

ADDITIONALLY, go forward two provisions to 704:
http://www.law.cornell.edu/uscode/uscode05/usc_sec_05_00000704----000-.html

Actions reviewable: "Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. "

Berg has shown no "final" decision/determination by the FEC (the only party to whom this might possibly apply) that would justify review.

McCain was born on the Panama Canal. Is his citizenship questioned?

At one point it was, I believe.

#117
(1) Plaintiff has Standing pursuant to 5 United States Code. §702;
(2) Plaintiff has Standing pursuant to FEC v. Akins, 524 U.S. 11 (1998);
(3) Plaintiff has Standing Pursuant to 8 U.S.C. §1481(b);
(4) Plaintiff has Standing under 5 U.S.C. §552(B);
(5) Plaintiff has Standing pursuant to 28 U.S.C. §1343, Civil Rights
and Elective Franchise; and
(6) Plaintiff has Standing pursuant to Federal Question Jurisdiction.

Obama is going to Hawaii today, to see his GrandMa

But who knows maybe he will have a secondary mission, to go to the archives and records and SUPPRESS THE EVIDENCE, ie remove or modify his birth certificate data, to silence the controversy....
PVF

I think Obama is really going to Hawaii to pick up some top grade weed to smoke late in the evening on November 4.

Lol.. he WASN'T born in hawaii dude. What was shown on fact check is a forgery and NOT a birth certificate but a birth record. They are entirely dif things and his mother could have filed a birth record AFTER he was born in Kenya. My brother had his kid done that way. Obama is a fraud. You guys are just sticking your head in the sand and railing on Berg when all he wants is disclosure which Obama is blockin.

The legal statement submitted by Berg is filled with innuendo and supposition. The part that I like best is that Obama must be a foreigner because he was called Barry as a boy. I guess that makes Phil Berg a foreigner and therefore without standing in this court case too.

According to Jeff Schrieber at www.America'sRight.com, and The Philadelphia Daily News, the Court has dismissed Berg's complaint, supported by a 34-page memorandum.

The Philadelphia Daily News reports: "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."
(Emphasis added).

Jeff, at www.America'sRight.com reports that Surrick expressed dissatisfaction with the type of "evidence" Berg provided to support his allegations. From the Court's opinion: ".... To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. ..."

Jeff reports that Surrick also noted Berg's misinterpretation of the Federal Rules of Civil Procedure.
=========
Jeff also notes that Berg "will issue a press release today detailing his plans to appeal to the Third Circuit Court of Appeals and then to the United States Supreme Court."

Philly link: http://www.philly.com/dailynews/local/20081025_Judge_rejects_Montco_lawyer_s_bid_to_have_Obama_removed_from_ballot.html

To prove a fact, my niece who was born in Mexico was adopted in the State of Florida. She applied for a certified copy of her birth certificate in FLORIDA and received the exact type Obama is saying is his. It says NOTHING about adopted, where she ws born or who attended the birth like "originals" do. And it states my brother and his wife as her parents. Sooo, I guess she too is a NATURAL BORN Citizen. Also, the day after her adoption was finialized, my brother and sister-in-law announced her birth in the paper. SOOOOO you unbelievers that Obamas may be fake, try again...

And I question if he was sent to live with his grandparents, he had to go through immigration UNLESS he had a birth certificate right? Well why then did he have a Indonesian Passport and use it at age 18 to travel to Pakistan which at the time no US Citizen was allowed to travel to??????

A better question is what is the evidence that he DID have an Indonesian Passport?

Answer: None. There is NO evidence of this claim - just a lot of "I heard he might have ..." claims.

Moreover, the claim that the US had instituted a travel BAN on Pakistan in 1981 is demonstrably false. In fact, as shown by multiple publicly available documents, the US considered Pakistan a "key ally" in the Cold War/its efforts to fund the Afghanistan Freedom Fighters and, in 1981, signed an agreement to give Pakistan over 3 BILLION dollars in foreign aid. While there may well have been a travel WARNING at the time, given the Pakistan/Indian relations, etc., there was NO travel "ban."

STATE DECLARES OBAMA BIRTH CERTIFICATE GENUINE

http://news.yahoo.com/s/ap/20081031/ap_on_el_pr/obama_birth_certificate;_ylt=AiNHzD0exuZLKyluS_QekScXr7sF

"HONOLULU – State officials say there's no doubt Barack Obama was born in Hawaii.

Health Department Director Dr. Chiyome Fukino said Friday she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

Fukino says that no state official, including Republican Gov. Linda Lingle, ever instructed that Obama's certificate be handled differently.

She says state law bars release of a certified birth certificate to anyone who does not have a tangible interest."

There are articles that say barack obama held dual citizenship until the age of 21, in the US and Kenya. Therefore, hasn't he only been a full US citizen for 26 years, which doesn't meet the requisite 35 years as a citizen of the US to run for president?