Thursday, 28 August 2008


Lawsuit questions Obama's eligibility for office

Citizenship claim at issue

Jennifer Haberkorn THE WASHINGTON TIMES Thursday, August 28, 2008

Pennsylvania's former deputy attorney general and Sen. Hillary Rodham Clintonsupporter Philip J. Berg has filed a lawsuit in federal court in Pennsylvania accusing presumptive Democratic presidential candidate Sen. Barack Obama of lying about his U.S. citizenship, which would make him ineligible to be president.

Mr. Berg is one of a faction of Clinton supporters who haven't heeded the party's call for unity, filing the suit just days before the opening of the Democratic National Convention, which will nominate Mr. Obama as the party's presidential candidate.

The suit, filed in U.S. District Court in Philadelphia last week, also names the Democratic National Committee and the Federal Election Commission and says Mr. Obama´s mother went to Kenya late in her pregnancy and ended up giving birth there. It also claims that later in life, Mr. Obama declared himself a citizen of Indonesia.

The Obama campaign has firmly said the Illinois Democrat is a natural-born citizen. Last month, the campaign posted on Mr. Obama's Web site a copy of his "certification of live birth." It says he was born in Honolulu on Aug. 4, 1961, two years after Hawaii was named the 50th state.

Mr. Berg said he was contacted about filing the lawsuit by a member or associate of the group PUMA, which was formed to support Mrs. Clinton shortly after she withdrew from the race. Its mission includes denouncing the Democratic Party and Mr. Obama's nomination.

"I really do not believe he is a natural-born citizen," said Mr. Berg, adding that he is not connected with Mrs. Clinton or her campaign.

Just over one-quarter of Clinton supporters say they're now backing Mr. McCain, up from 16 percent in late June, according to a CNN poll conducted after Mr. Obama announced Sen. Joseph R. Biden Jr., of Delaware, as his running mate. Two-thirds of Clinton supporters are now backing Mr. Obama.

Mrs. Clinton, for her part, encouraged her supporters this week to back Mr. Obama.

"Whether you voted for me, or voted for Barack, the time is now to unite as a single party with a single purpose. We are on the same team, and none of us can sit on the sidelines," she said during her address to the convention Tuesday.

Mr. Berg, who says he donated about $200 to Mrs. Clinton's campaign, may represent the fringe of the pro-Hillary faction that hasn't warmed to Mr. Obama.

He has filed suits for clients against President Bush and Vice President Dick Cheney, claiming they knew about the Sept. 11, 2001, terrorist attacks before they happened. He also publicly asked Supreme Court Justices Clarence Thomas, Antonin Scalia and Sandra Day O'Connor to disbar themselves for their decision in the controversial 2001 case Bush v. Gore.

Mr. Berg has posted documents on his Web site, ObamaCrimes.com, he says back up his claims. But he said he doesn't know where they originated.

Backers of the idea that Mr. Obama isn't a natural-born citizen say Mr. Obama's certification of live birth doesn't quell the issue. They say a certification can be obtained after birth.

But the Hawaii State Department of Health said Monday that there is no difference between a certificate and a certification of live birth in the eyes of the state. For instance, either can be used to confirm U.S. citizenship to obtain a passport or state ID, said Alvin Onaka, a research and statistics officer at the Department of Health.

In Hawaii, only the person named on the certificate or his family can request the certificate of live birth.

Several fact-checking groups, such as FactCheck.org and PolitiFact.com have determined that the certification posted on Mr. Obama's Web site is authentic.

Mr. Obama's opponent, Sen. John McCain of Arizona, has faced questions about his qualification as a "natural-born citizen" as well.

Mr. McCain was born on a military installation in the Panama Canal Zone, where his father, a Navy officer, was stationed.

Theodore Olson, a former solicitor general who is advising the McCain campaign, said in February that he's confident Mr. McCain meets the constitutional requirement. Legal scholars say there is no precedent on the subject because all previous presidents have been born within the 50 states or territories that became states.

Comments 1 - 5 of 5
  • By: Cain

    America must have an American President. Period. If the charges claimed in the suit are untrue then Obama has the papers to prove that. If not then he's not eligible. It's that simple. Mr. Berg has stated "prove me wrong and I'll go away".

    The most telling thing is that Barack (a lawyer) isn't counter-suing. That speaks to guilt and leads one to believe Mr. Berg is on to something.

    As for Hillary supporters I personally know several hundred. Not one is supporting Barack. Some are going for McCain - some are staying home. I don't know where the media is finding 2 in 3 Hillary Supporters behind Barack, but they're not in Florida.

    Good for the Washington Times reporting the news whether they like it or not. The NY Times could take a lesson.

    August 28, 2008 at 3:29 p.m.  | Mark as Offensive

  • By: Marsupial

    I suppose that this publication should be recognized as having publicly addressed the authentic and vitally important legal action which has been lodged by Mr. Berg (as scarcely any other media outlet has seen fit to do.) Americans who care about the enlightenment of their fellow citizens must support voices of truth when they so infrequently appear. However, It is saddeningly telling that even when an important occurance such as this finds itself in print, the reader must parse, read between the lines, interpret , and make assumptions rightly or wrongly in order to discover the granule of germane information carefully secreted within the article. If you find yourself without your decoder ring, you're simply out of luck. Why cannot the filing of a lawsuit in federal court alleging fraudulent behavior designed to circumvent The Constituiion of the United States of America simply be recognized as the bombshell revelation that it is without all the embellishments and aspersions being cast upon the attorney of note, or the obligatory "guidance" we have become accustomed to expect from our news sources. The law is becoming perilously eroded every time this type of simple factual proceedings, in their only mentions, are capriciously morphed into popular opinion pieces, thereby diluting the import in the consciousness of the public. Can this be justified as being a service in the interest of your subscribers? The Newspapers are dying for one very good reason. They are not serving their constituency. Their constituency is learning that their interests are not being served. Thank You

    August 28, 2008 at 3:22 p.m.  | Mark as Offensive

  • By: pfb32765

    I can't speak for Hawaii, but here in Florida, my wife was denied a passport with her "cerificate of live birth" issued in New Jersey. She had been using this for years as her "official" document for many purposes. She had to obtain a "birth certificate" from New Jersey in order to obtain her passport. All that said, this issue really needs to be clarified one way or another before the election. The MSM's silence on this has been deafening (but not surprising). Almost as if someone was afraid of it.

    August 28, 2008 at 3:21 p.m.  | Mark as Offensive

  • By: cbernard

    I believe that this story was first broken by Jeff Schrieber at America's Right blog.

    http://www.americasright.com/2008/08/oba...

    He has also interviewed Berg and has researched the claims. He is a libertarian but did a good job with this fairly.

    August 28, 2008 at 2:50 p.m.  | Mark as Offensive

  • By: lamecherry

    Ms. Haberkorn, you have done a disservice to the Washington Times in being misinformed. I expect better from the home of Mr. Prudin. The poll results show 27% gaining to 30% of Clinton supporters going to vote for Mr. McCain and not just over 1/4 which is approaching 1 million additional voters.

    Furthermore point out that Hawaii is a Democratic state and it does not make one difference what is in the eyes of Hawaii as this is United States Consitutional Law which trumps fraudulent listings of children born out of the USA.

    Again, your quoting FactCheck is bogus as a source as it is Annenberg which is backing Barack Obama.

    Lastly, your including John McCain in this story is ridiculous. The issue is not a military service birth which is valid. Doing so clouds the issue for less than nimble minds which is apparently what you are doing.

    Finally, do your job as you are paid to do it and I am not.

    Why don't you research why is it Barack Sr. is listed on that bogus live birth certificate as AFRICAN when the legal term in 1961 was NEGRO just like Stanley Ann Dunham was listed caucasian according to race. Why don't you ask what a political correct term from 1980 is doing on a legal document from 1961. Why don't you invest the time in researching Stanley Ann Dunham's passport and ASK YOURSELF just why was it Clinton people were breaching Obama passport files begging the press to investigate what is found there, as the story was false in McCain and Clinton did not have their files breached too. Clinton was the year before and no one said anything and a rival Obama corporation breached McCain's files to make it look like all were breached to hide what is in Obama's.

    There are dozens of real stories in this which I broke exclusively. You on the other hand sound like an Obama press release and are so uninformed on what is occurring you taint the Washington Times real journalism.

    Mr. Berg would not have to be doing this as he stated to save the Democratic Party if you Ms. Haberkorn were doing 1/4 of what this blogger has been exposing.

    PS: Mrs. Clinton asked her supporters to support Barack Obama "as she has" which is not at all. As you do not realize this, the Clinton's know the Obama train is going to wreck and are not going to be blamed for it. They are shrewd politicians.

    I suggest you tap my blog for last night so you will inform yourself what was really going on in Denver.

    Thank you for your time, but start being informed as you are exposing the Times to looking ridiculous.

    http://lamecherry.blogspot.com/2008/08/t...