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Berg: By not responding in time, Obama admits he's unqualified to be POTUS

Philip J. Berg, the lifelong Pennsylvanian democrat who is suing Barack H. Obama for lacking qualifications to serve as President, announced today that Obama and tbe DNC has effectively admitted, due to failure to respond in time to Requests for Admissions, all of the numerous specific requests in the Federal lawsuit.

The stunning claim means that Obama's legal team, by failing to respond as required by federal rules within 30 days, has effectively admitted that he is not qualified to be President and thus the DNC must immediately withdraw his candidacy and substitute a qualified candidate.

Although the Federal Circuit Court judge, R. Barclay Surrick, has yet to rule on Berg's claim, federal rules of procedure would appear to support his contention, since they specify that any objection or refutation had to be served within thirty days. The Obama team contented itself with a motion to dismiss the case and a protective order, but there has yet to be a ruling on this, perhaps to the surprise and chagrin of Obama and the DNC. Obama's lawyers in these motions, argued that revealing the information (birth certificate, citizenship in other countries, etc.) would “cause a defined and serious injury” to Obama and/or the DNC. They say revealing these documents raises a “legitimate privacy concern” and the above mentioned risk that “particularly serious embarrassment will result from turning over the requested documentation.” The source of that embarrassment was not specified.

If the judge dismisses the case and approves the protective order, then Berg has said he will appeal, if necessary, to the Supreme Court, opening the door to a post-election Constitutional crisis if, in the event of an Obama victory, his qualifications to be POTUS are struck down. There are indications that a decision may be handed down this week or next.

The motions to dismiss and request for a protective order did not affect the need to answer the need to answer his Request for Admissions. Because no response to the Requests for Admissions was served by way of response or objection, Berg contends, all of the Admissions directed to Obama and the DNC are deemed “ADMITTED.” The full list of admissions follows below. The actual filings are available for viewing and download on Berg's ObamaCrimes site.

In the following video, recorded before these latest developments, Berg summarizes his case, which boils down to Obama not being a "natural born citizen", one of three constitutional requirements that the President of the United States must fulfill, the other two being 35 years of age and 14 years of residency in the US.
While this is obviously far from the last word in this federal challenge to Obama's fitness to be President -- and there are at least three other legal challenges filed in state courts in Hawaii, Nevada and Washington -- the development adds pressures and penalties on the Obama legal team to produce evidence that he is in fact a citizen and may account for his drop-everything trip to Hawaii, since the claimed rationale for the the trip -- that his grandmother is gravely ill -- doesn't seem supported by the facts nor by Obama's willingness to delay his trip by several days.

If nothing else, the failure of Obama's legal team to responds as the federal rules require opens the door to a public relations windfall for Berg, a political gadfly -- one might be tempted say "maverick" if the term had not already been claimed by the Republican ticket -- who has found reasons to file suit in previous elections as well. The list of admissions -- which reflect claims of Berg's suit that not been challenged in the required period -- make for jaw-dropping reading.

Obama, Berg claims, thus admitted:

1. I was born in Kenya.
2. I am a Kenya “natural born” citizen.
3. My foreign birth was registered in the State of Hawaii.
4. My father, Barrack Hussein Obama, Sr. admitted Paternity of me.
5. My mother gave birth to me in Mombasa, Kenya.
6. My mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham.
7. The COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery.
8. I was adopted by a Foreign Citizen.
9. I was adopted by Lolo Soetoro, M.A. a citizen of Indonesia.
10. I was not born in Hawaii.
11. I was not born at the Queens Medical Center in Hawaii.
12. I was not born at Kapi’olani Medical Center for Women and Children in Hawaii.
13. I was not born in a Hospital in Hawaii.
14. I am a citizen of Indonesia.
15. I never took the “Oath of Allegiance” to regain my U.S. Citizenship status.
16. I am not a “natural born” United States citizen.
17. My date of birth is August 4, 1961.
18. I traveled to Pakistan in 1981 with my Pakistan friends.
19. In 1981, I went to Indonesia on my way to Pakistan.
20. Pakistan was a no travel zone in 1981 for American Citizens.
21. In 1981, Pakistan was not allowing American Citizens to enter their country.
22. I traveled on my Indonesian Passport to Pakistan.
23. I renewed my Indonesian Passport on my way to Pakistan.
24. My senior campaign staff is aware I am not a “natural born” United States Citizen.
25. I am proud of my Kenya Heritage.
26. My relatives have requested changes to the portion of my birth certificate that identifies my first name.
27. My relatives have requested changes to the portion of my birth certificate that identifies my last name.
28. My relatives have requested changes to the portion of my birth certificate that identifies my place of birth.
29. I requested changes to the portion of my birth certificate that identifies my first name.
30. I requested changes to the portion of my birth certificate that identifies my last name.
31. I requested changes to the portion of my birth certificate that identifies my place of birth.
32. The document identified as my Indonesian School record from Fransiskus Assisi School in Jakarta, Indonesia is genuine.
33. I went to a Judge in Hawaii to have my name changed.
34. I went to a Senator and/or Congressman or other public official in Hawaii to have my name changed.
35. I had a passport issued to me from the Government of Indonesia.
36. The United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
37. I am ineligible pursuant to the United States Constitution to serve as President and/or Vice President of the United States.
38. I never renounced my citizenship as it relates to my citizenship to the country of Indonesia.
39. I never renounced my citizenship as it relates to my citizenship to the country of Kenya.
40. I am an Attorney who specializes in Constitutional Law.
41. Kenya was a part of the British Colonies at the time of my birth.
42. Kenya did not become its own Republic until 1963.
43. I am not a “Naturalized” United States Citizen.
44. I obtained $200 Million dollars in campaign funds by fraudulent means.
45. I cannot produce a “vault” (original) long version of a birth certificate showing my birth in Hawaii.
46. My “vault” (original) long version birth certificate shows my birth in Kenya.
47. The only times I was to a Hospital in Hawaii was for check-ups or medical treatments for illnesses.
48. Queens Medical Center in Honolulu, Hawaii does not have any record of my mother, Stanley Ann Dunham (Obama) giving birth to me.
49. Kapi’olani Medical Center for Women and Children in Honolulu, Hawaii does not have any record of my mother, Stanley Ann Dunham (Obama) giving birth to me.
50. I was born in the Coast Province Hospital in Mombasa, Kenya.
51. I represented on my State Bar application in Illinois that I never used any other name other than Barack Hussein Obama.
52. I went by the name Barry Soetoro in Indonesia.
53. My Indonesian school records are under the name of Barry Soetoro.
54. I took an Oath to uphold the United States Constitution when admitted to the State Bar of Illinois to practice Law.
55. I took an Oath to uphold the United States Constitution when I was Sworn into my United States Senate Office.
56. I hold dual citizenship with at least one other Country besides the United States of America.

DNC - Admitted:

1. The DNC nominated Barrack Hussein Obama as the Democratic Nominee for President.
2. The DNC has not vetted Barrack Hussein Obama.
3. The DNC did not have a background check performed on Barrack Hussein Obama.
4.The DNC did not verify Barrack Hussein Obama’s eligibility to serve as President of the United States.
5. The DNC admits Barrack Hussein Obama was born in Kenya.
6. The DNC admits Barrack Hussein Obama is not a “natural born” United States citizen.
7. The DNC admits Barrack Hussein Obama was not born in Hawaii.
8.The DNC admits they have not inquired into Barrack Hussein Obama’s citizenship status.
9. The DNC admits they have a duty to properly vette the Democratic Nominee for President.
10.The DNC admits Lolo Soetoro, M.A., an Indonesian citizen adopted Barrack Hussein Obama.
11. The DNC admits the Credentials Committee has been aware of this lawsuit since August 22, 2008 as the lawsuit was faxed to our Washington D.C. Office on August 22, 2008.
12. The DNC admits their Credentials Committee failed to verify and/or inquire into the credentials of Barack Hussein Obama to serve as the President of the United States.
13. The DNC admits their Credential Committee’s Report failed to address the issues of Barack Hussein Obama’s ineligibility to serve as President of the United States.
14.The DNC admits Howard Dean, Chair Person has and had knowledge Barack Hussein Obama was born in Kenya and ineligible to serve as the President of the United States.
15. The DNC admits Plaintiff and all Democratic citizens of the United States have been personally injured as a result of not having a qualified Democratic Presidential Nominee to cast their votes upon.
16. The DNC admits Plaintiff and all citizens of the United States have a Constitutional Right to vote for the President of the United States and to have two (2) qualified candidates of which to choose from.
17. The DNC admits Plaintiff and all citizens of the United States have a Constitutional right to have a properly vetted Democratic Presidential Nominee of which to cast their vote.
18. The DNC admits an FBI background check is not performed on the Presidential or Vice Presidential Candidates.
19. The DNC admits the United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
20. The DNC admits they collected donations on behalf of Barack Hussein Obama for his Presidential campaign.
21. The DNC admits Plaintiff and Democratic citizens donated money based on false representations that Barack Hussein Obama was qualified to serve as the President of the United States.
22. The DNC admits if Barack Hussein Obama is elected as President and allowed to serve as President of the United States in violation of our Constitution, it will create a Constitutional crisis.
23. The DNC admits Barack Hussein Obama took an Oath to uphold the United States Constitution.
24. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to due process of law in violation of the United States Constitution.
25. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to Equal Protection of the laws in violation of the United States Constitution.
26. The DNC admits the function of the DNC is to secure a Democratic Presidential Candidate who will protect Democratic citizen’s interests, fight for their equal opportunities and fight for justice for all Americans.
27. The DNC admits the Democratic National Committee has been promoting Barack Hussein Obama’s Presidential election knowing he was ineligible to serve as President of the United States.

Berg has also reportedly contracted to represented a blog -- the African Press International -- which claims to have a recorded phone conversation in which Michelle Obama, who allegedly initiates a call, makes damning admissions and claims, including the admission that her husband was adopted in Indonesia, which if true might substantiate the claim that the candidate had forefeited any American citizenship he might have previously claimed. She also allegedly tries to bribe the editor by offering an admission to Obama's inauguration.

While the conservative blogosphere -- burned by a previously reported claim of a tape, which never materialized, in which the First Lady wannabe allegedly ranted about "whitey" -- has been skeptical about the new tape claim, there are increasing indications that such a tape may this time be real and enroute to a major media outlet in the United States, rumored to be Fox News.

The representation of API is a calculated risk. If it turns out the tape is non-existent or bogus, it could fatally taint Berg's court case. But if it contains the self-incriminating remarks by Michelle Obama that API claims, it could be a fatally self-inflicted wound, compounding Barack Obama's legal failure to take a federal court case seriously or believe he could "run out the clock." As the One races to Hawaii, and legal decisions are in the offing, the hour of the long-awaited October Surprise -- surprising because the damage appears largely self-inflicted -- is upon us. Just in time for Halloween.


Israel Insider has been one of the few publications which has doggedly followed the Obama birth certificate controversy. You can find all our articles about the subject here or, if you prefer, just start with the most recent, which references the previous ones.

Tags: birth certificate, citizenship, elections 2008, obama, philip j. berg, politics

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Edgar Comment by Edgar on October 23, 2008 at 7:50am
Why have these legal challenges not been acted on months and montths and months ago, in fact a year ot two ago, when it looked as if Obama was going to get into the Presidential race. Why wait until now, when events will overtake truth, and truth will be overshadowed, indeed blotted out, by events. Assuming that Obama wins, of course.
wharold Comment by wharold on October 23, 2008 at 4:38am
Daniel Pipes has a fuller piece on the basic observation that Obama wouldn't pass a standard security screening.

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