On October 30, Philadelphia attorney Phil Berg filed his appeal in Berg v Obama in the 3rd circuit, case number 08-4340. That Court has not acted. Berg then filed with the U.S. Supreme Court, case number 08-570.
The U.S. Court of Appeals Clerk’s office is treating this case in an unusual manner. Normally, when one telephones the Clerk’s office and asks about the status of a case, someone in the clerical staff answers the question. In this particular case, the employees have been told not to release any information, without having the caller speak to one of the attorneys who works in the Clerk’s office.
The case concerns Berg’s assertions that Obama does not meet the constitutional qualifications to be president. The U.S. District Court had ruled earlier this month that Berg lacks standing.
wow, thanks Richard for this important update.
To anyone who would like to get to the bottom of this please email all news agencies and tell them to refer to this link
Stop the Obama Constitutional Crisis:
Please Sign the Petition : 62,251 Letters and Emails Sent So Far
Here is the link:
http://www.rallycongress.com/constitutional-qualification/1244/stop-obama-constitutional-crisis/
WATCH VIDEO OF BERG NEWS CONFERENCE AT U.S. SUPREME COURT 10/30/08: Part 1: http://www.whitehouse.com/FullStory.aspx?NewsID=2054 Part 2: http://www.whitehouse.com/Fullstory.aspx?NewsID=2053 Part 3: http://www.whitehouse.com/Fullstory.aspx?NewsID=2055 Part 4: http://www.whitehouse.com/Fullstory.aspx?NewsID=2057 Part 5: http://www.whitehouse.com/Fullstory.aspx?NewsID=2058 Part 6: http://www.whitehouse.com/Fullstory.aspx?NewsID=2059 Part 7: http://www.whitehouse.com/FullStory.aspx?NewsID=2060
PHILIP BERG MAKES HIS CASE!!!!!
A MUST WATCH!!!!!
PLEASE SPREAD FAR AND WIDE!!!!
While following the Berg cases on the status of Obama, one also needs to look at what is going on
in the area of John Sidney McCain III, not being a Citizen of the United States. First, John Sidney
McCain III was born at the Colon Hospital at 6:25 PM on 29 August 1936. McCain was not born in the
Canal Zone as he and his mother Roberta Wright keep
stating. The records of the Colon Hospital which
was provided by the Panama Railroad Company (owner
at the time of McCain’s birth of the hospital)shows
that John Sidney McCain was born in the City of Colon, Republic of Panama.
The records of “Registro Civil del Estado de la Baja California, Estados Unidos Mexicanos” have no
record of a marriage between John Sidney McCain (born 17 January 1911) and Roberta Wright (born 4
February 1912) after checking the records from 1927
to the present. John McCain and his mother have been giving out disinformation that then US Navy
Ensign John Sidney “Jack” McCain married Roberta Wright at Ceasar’s Bar in Tijuana, Baja California,
Mexico on 21 January 1933. Note at the time, viz.,
1927 forward to the present, all marriages in Baja
California must take place at the Office of the Civil Registry according to American Citizens Services section of the US Consulate in Tijuana,
Mexico.
At no time prior to the birth of John McCain III did his mother Roberta Wright live in a common law marriage state, or territory, or Foreign Country,
or Zone. Therefore, without proof of lawful marriage, John McCain III would be deemed born out of wedlock. For John McCain III to be a citizen of
the United States, by his birth to an American
Citizen mother, in the Republic of Panama external
to the Canal Zone, Roberta Wright would have to been at the time of McCain’s birth either an employee of the United States Government or the
Panama Railroad Company (or its successor in title). She was neither. Having listed her employment on John Sidney III’s birth certificate
as a “housewife”. This was the law between August
4, 1937 to January 13, 1941 under 8 USC 5e (Act of
August 4, 1937, Public Law 242, S. 2416) Jack McCain was employed by the United States Goverment,
but since he was not married to Robert Wright according to Lic. Rogelio Aros Guzman, Director del
Registro Civil del Estado de Baja California, his status would have no effect on John Sidney McCain III citizenship.
If any of the readers want a copy of this document
they can either write to the Direccion del Registro
Civil in Mexicali, Baja California, Mexico at a cost of $63.00 (by asking for Certifica #B0015879),
or writing to Carmen Acoste, Hidalgo County Clerk,
State of New Mexico, Lordsburg, NM at the cost of
$1.50 (for certified copy) or only 50 cents (for
a non-certified copy) along with a self-addressed
return envelope that is pre-stamped with postage.
The request to Ms. Acosta should make reference to
Instrument # 20080001666 recorded at 2:38:57 PM on
28 October 2008.
The question one should ask is how many people looked the other way and did not comply with title
8, section 5e of the United States Code by letting
John Sidney McCain III serve as a non-citizen naval officer and a non-citizen United States Senator, because Roberta Wright lacked the employment standing to give her son the right to
be a United States Citizen?
Sincerely, Mark Seidenberg, Vice Chairman, American
Independent Party
Mark, is the anti-McCain lawsuit being appealed?
Mark, the big difference is that McCain took all of his citizenship documentation in front of Congress and obtained confirmation of his eligibility BEFORE he accepted his party’s nomination.
Obama refused to do that, then – and now.
Obama is definitely hiding something. The only question now is what.
To Richard. Answer is yes. Sorry, I did not get the mail off to you on the League of Women Votes,
but I was in many location in Baja California getting the details on the bogus wedding between
Ensign John Sidney “Jack” McCain (born 17 January 1911) and Roberta McCain n’ee Wright (born 7 February 1912). For the fact checkers, drove to
Lordsburg, New Mexico and recorded the certifica
(which Markham Robinson gave you a copy). This would allow title 28, section 1728 of the United
States code to kick in.
Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party
So how did a pregnant woman get from Hawaii to Kenya in 1961, and back into Hawaii in the same year? Even in 1961, that’s either a long trip in a cargo plane or a boat.
And Obama would not get a passport without a valid birth certificate either.
As for the certificate in Hawaii, they’re sick of dealing with you nutjobs. And
It should be one hell of a 4 years (at the minimum) with all this tinfoil hat conspiracy bullshit. But, we all know that Obama was really born at Mena Airport, and he helps the Queen of England traffic drugs.
Disagreeing with Obama on ideas is A-OK. Basing it on conspiracies and bullshit lies is not OK.
I mean this in all sincerity. After 8 years of Bush, I would take a guy born on Alpha Frickin Centauri if he could do the job.
This is all a complete waste of everyone’s time. Focus on the issues.
To: sDee
John McCain did not take a citizenship documents to
Congress. He need to provide proof that he was born in wedlock to a parent that was employed by either the United States Government or the Panama
Railroad Company (or its successor in title) to the
INS prior to January 14, 1941 (the date of the repeal of 8 USC 5e was January 13, 1941). Roberta
Wright did not even bring her alien son for lawful
entry into the United States to the INS when she
arrived in the United States circa, early December, 1936.
I do not see any difference between John Sidney McCain’s first arrival in the United States and
that of a “wetback” crossing the border without a lawful entry.
To bad President Eisenhower did not apply “Operation Wetback” to the midshipmen at the
United States Naval Academy. If he did John McCain
III would have got his one-way voyage to the Republic of Panama, the location where he was a
natural born citizen.
Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party
The *natural born* stuff has to do with ALLEGIANCE / loyalty status to a nation-state regime at birth — based on the ALLEGIANCE / loyalty status of the father and mother — i.e. primitive tribal / feudal Middle Ages stuff from the very bad old days.
Sorry – being physically born legally or illegally in ANOTHER nation-state or on the high seas (aka oceans)(or now even in outer space) has ZERO to do with such status.
i.e. note shipwreck and wartime births (see the Japanese Empire occupation of U.S.A. areas during World War II — Guam Island and the Phillipine Islands — sorry — any American kids born during such occupation had ZERO allegiance to the Japanese Empire), for example.
This AIN’T atomic physics.
———-
Do the State Electors in each State have standing to attack the qualifications of State officers — State Governors, State senators, State reps, etc. ???
Who has the *sovereign power* in each regime to enforce the qualifications for public office ???
The citizen-Electors-Voters ??? — or only the party hack incumbents (i.e. Attorney Generals, local public attorneys) ???
Who are the Principals ??? Who are the Agents of the Principals ??? Duh.
Thus – how EVIL STUPID are the party hack Supremes about BASIC stuff — in ALL of their MORON *standing* cases — regarding ALL parts of the Constitution, laws and treaties regarding stuff that the government and government officials *SHALL do* or *SHALL NOT do* ??? — especially election related stuff.
Discretionary / optional *MAY do* stuff is totally separate.
99 on a scale of 0 (ZERO evil stupid) to 100 (TOTAL EVIL STUPID) ???
See the Supremes exception stuff regarding citizen standing to enforce the religion stuff in the First Amendment. I.E. – the party hack Supremes are party hack IRRATIONAL.
I see no need to stop the election we can go on without the democrats we still have 3 or 4 candidates that are better than obama or Mccain to choose from. If the democrats have fraudulently gone this far down the road with a unqualified candidate then they should be leftout of this election!
To: Anon
Your reference to Kenya and the year 1961, does not connect. In 1961 sovereignty over the island of Mombasa off the eastern coast of Africa was under the Sultan of Zanzabar. That sovereign tie came about first in 1832 under the Convention of Mombasa. The first known Hawaiian showed up in the
Sultanate (Omani Zanzabar) was in 1817.
I can see many ways for a person to get to the island of Mombasa, from and to Hawaii in 1961.
There would be no great transportation problem.
There has never been non-stop service by commercial
air service between HNL and Mombasa. It was all connecting flights then and now.
I do know that in 1961 most American’s giving birth
in British East Africa would go to the hospital in
Dar. It was the hospital the United States Consulates in the area would suggest. Giving birth in Mombasa does not connect, unless there was no time.
To many people on the Obama issue of his birth have
stated Kenya was an independent country in 1961. That did not happen until over two years latter.
I had a telecom with Dr. Jerome Corsi yesterday on just that subject.
Sincerely, Mark Seidenberg, Vice Chairman, American
Independent Party
For being so concerned about “Constitutional Crises,” Mr. Berg doesn’t seem too worried about the assured crisis that will arise from suspending one of the most important elections in our nation’s history. Or, maybe he’s just a hack.
Berg and the rest are racist tin foil hatters. I really think this whole post has nothing to do with ballot access. Not in the usual sense that BAN focuses on.
Phil Berg has always been an enemy of the “party hacks”. He filed a lawsuit in 1998 to overturn a Pennsylvania ballot access law that requires candidates seeking a place on a primary (for statewide office) from 5 counties. That case ought to have won, because counties have differing populations. Unfortunately he lost that case. But he is a gadfly, not a person connected with the inner structure of the two major parties. He supported Hillary Clinton for president this year.
Nate: Berg is a 9/11 conspiracy theorist and has been censured by judges related to frivolous lawsuits he has filed in that regard.
I wouldn’t worry about the election being suspended. Have you seen Bush lately? He looks like he can’t wait to get out of town and back to Texas. This whole thing is first-order nonsense, in both Obama’s and McCain’s case. Berg is free to vote for whomever he wants, but he does not have the right to stop others from doing the same.
Richard,
I am asking the current state of the case of my attorneys’ and will report back to you and your readers on the matter. This is Markham, not Mark, who asked me to respond.
Markham Robinson, AIP Chairman
mark@masterplanner.com AIP HQ Phone: 707-359-4884
AIP CA Web Site: http://www.aipca.org AIP National Committee Web Site: http://www.aipnc.com AIP National and State News outlet: http://www.aipnews.com Place to affiliate: http://www.aipnews.com/affiliate.asp
Civil action must take place, Obstruction and aiding in the commission of fraud. The American people have a legal right to compensation for the deprivation of constitutional rights. As a class action claims in the amount of Obama’s proposed budget of over 1 trillion dollars should be sought. Should Obama be elected and installed as president we will have been wronged and surely will be legitimate in a claim of taxation without representation. Wake Up America… Beware Obama… Be Afraid… Be VERY Afraid !!!
Obama–this man couldn’t even pass SECURITY CLEARANCE in US let alone run for President.
With all his radical associations, when does integrity come into play. Where is Obama’s medical history, birth certificate, college records, there is so much people do not know about this man, HOW has he gotten this far??????????
Mr. Anon asked how does a person with child get from Hawaii to Kenya and back to Hawaii again in the same year, viz., 1961.
First question Mr. Anon needs to ask how did Obama
mother in 1961 get from the Embakasi Airport to
Mombasa. The main ways would be by train or automobile. My suggestion is for Mr. Anon to read the following book, viz., “IMPERIAL RECKONING: The
Untold Story of Britian’s Gulag in Kenya.” by
Caroline Elkins.
In 1961 one could get from NYC to the Embakasi Airport with a change of aircraft at Dakar. Flights from HNL to NYC would connect at either LAX, SFO, or BUR. Therefore, by four flights
a passenger could fly between HNL and Embakasi Airport.
I would like to receive comments after one reads
the Elkin’s book.
Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party
Shakespeare said it best-Much Ado About Nothing
I saw a link above about stopping the Obama Constitutional Crisis. Mark my words, if either Obama or McCain is elected, we have a Constitutional Crisis, like it or not.
Why? Because someone not Constitutionally qualified to be President is not President even if elected. And all public officials who affirmed or swore their commitment to support and DEFEND the Constitution is obliged, must object to all public actions relying on the authority of someone who can have no authority.
All soldiers are obligated to obey only the legal orders of their superiors. That’s what the Commission hanging on my wall says.
What a disaster to have a purported Commander-in-Chief who can issue no legal orders? Would an honorable man, Obama or McCain, wish to leave doubts about their ability to do that? Or to sign laws, veto laws, enforce laws as Chief Executive, etc.? No they would not. Yet they do. Draw your own conclusions.
Markham Robinson, American Independent Party Chairman
For Mark Seidenberg
Mark, you’ve correctly stated that “John Sidney McCain was born in the City of Colon, Republic of Panama”, that’s exactly why McCain, by virtue of his American parentage (wedlock dosn’t matter), according to 1934′ law is unquestionably an American citizen. See Act of May 24, 1934, Pub. L. No. 73-250, § 1, 48 Stat. 797 (amended 1952) (“Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United Statesâ€). Please agree or argue. Respectfully yours. Mark Galperin, a US citizen
Why aren’t any of you Constitutionalists condemning Elizabeth Dole who attacked her opponent in the North Carolina Senate race for taking money from an atheist group? The Constitution specifically bans any “religious test for public office”, yet candidstes routinely run around competing to see who can thump the Bible harder.
I’m a lot more worried about that than where McCain or Obama were born.
It wasn’t about taking money from an atheist group– it was about Kay Hagen once again saying the she didn’t know, remember… was unprepared to answer…. chronic waffling. I guess the 15 million that Kay Hagen from New York to smear Elizabeth Dole was not enough. Sorry Eliabeth’s congressional votes are not for sale- If Kay Hagen says nothing she is technically is not lying.— WOW just the type of Senator we need!
Richard,
I instructed my lawyers to file an appeal on the McCain case. I presume they did. If you find it remarkable that I do not know, you may not appreciate how busy I am or the extent of the confidence I repose in my attorneys–although I may have given you a hint lately and I think you may well have an inkling!
Win lose or draw there will be more bites at the apple. We have proof that John McCain’s parents were unwed. What is that proof? Mark Seidenberg has already explained the proof of the non-existence of a Certificate of Marriage any time or place near the alleged marriage between McCain senior and Roberta, his intended. The other proofs are all the biographies and interviews in which Roberta McCain (if that is her legal name) asserted a marriage in Tijuana in a bar on Saturday. FYI any publication of a fact in a book for which no refutation emerges within five years of its publication is given a presumption in its favor and is generally admissible in court.
McCain in 1936 in Panama. At that time to be a citizen if one or more of your biological parents was a US Citizen, you had to be born in something the US owned and hence was under its jurisdiction OR in a location not owned and not under US jurisdiction. The anomalous situation of the Zone and certain other areas of Panama such as Colon, where McCain was really born, was that they were under US jurisdiction, but not owned by the US. Territories, possessions and any of the United States are ‘owned’ in a sense by the US.
Even you geo-political sophisticates may be under the impression that in the case of the Panama Canal Zone that “We stole it fair and square.” Not so! The Treaty makes the remarkable assertion that the Zone is under the perpetual ‘sovereignty’ of the Republic of Panama and the perpetual control of the US. We gave up that latter right later. Mark Seidenberg, who opposed that give-away, even briefed a Senator on the matter; so you should, as would a court, grant him expert witness status on this matter!
Given this anomalous status, all areas in Panama under US jurisdiction, fell thru the cracks in US naturalization law. Children born there and in 1936 were not eligible thereby to be, nor were they at the time of birth, US citizens. In 1937, Congress rectified this unjust and unanticipated situation, by allowing children born to a parent, who was appropriately employed or born in wedlock to a woman married to one so employed, the opportunity to be a citizen. However, there is no record of such naturalization, nor of any proof of eligibility for the same, but there IS proof of ineligibility; and we have it, the attestation of the non-existence of a recorded marriage anywhere in Baja State at any time plausibly corresponding to the McCain’s alleged marriage. Moreover, we have filed it in the only State in the Union which has Spanish as an official language, New Mexico, and hence subject to full faith and credit provision of US Constitution and Statute (1948).
Markham Robinson, AIP Chairman
For Richard and Mark Seidenberg
Richard asked: “Mark, is the anti-McCain lawsuit being appealed?”
Mark Seidenberg replied: “To Richard. Answer is yes.”
No, the anti-McCain lawsuit hasn’t being appealed.
Mark, please agree or provide the reference for the appeal case.
Thanks. Mark Galperin
Michele: I don’t know which attack ad you saw. The one I saw specifically attacked her for accepting support from an atheist group. The majority of the Founding Fathers were deists, agnostics and a few atheists. They spent a lot of effort to keep religion out of public affairs.
On the other hand the whole “natural born” nonsense was just Jefferson’s ploy to keep his enemy Alexander Hamilton (who was born in the Carribbean, from becoming President. It was probably one of Jefferson least admirable actions.
Richard,
I instructed my lawyers to file an appeal on the McCain case. I presume they did. If you find it remarkable that I do not know, you may not appreciate how busy I am or the extent of the confidence I repose in my attorneys–although I may have given you a hint lately and I think you may well have an inkling!
Win lose or draw there will be more bites at the apple. We have proof that John McCain’s parents were unwed. What is that proof? Mark Seidenberg has already explained the proof of the non-existence of a Certificate of Marriage any time or place near the alleged marriage between McCain senior and Roberta, his intended. The other proofs are all the biographies and interviews in which Roberta McCain (if that is her legal name) asserted a marriage in Tijuana in a bar on Saturday. FYI any publication of a fact in a book for which no refutation emerges within five years of its publication is given a presumption in its favor and is generally admissible in court.
McCain in 1936 in Panama. At that time to be a citizen if one or more of your biological parents was a US Citizen, you had to be born in something the US owned and hence was under its jurisdiction OR in a location not owned and not under US jurisdiction. The anomalous situation of the Zone and certain other areas of Panama such as Colon, where McCain was really born, was that they were under US jurisdiction, but not owned by the US. Territories, possessions and any of the United States are ‘owned’ in a sense by the US.
Even you geo-political sophisticates may be under the impression that in the case of the Panama Canal Zone that “We stole it fair and square.” Not so! The Treaty makes the remarkable assertion that the Zone is under the perpetual ‘sovereignty’ of the Republic of Panama and the perpetual control of the US. We gave up that latter right later. Mark Seidenberg, who opposed that give-away, even briefed a Senator on the matter; so you should, as would a court, grant him expert witness status on this matter!
Given this anomalous status, all areas in Panama under US jurisdiction, fell thru the cracks in US naturalization law. Children born there and in 1936 were not eligible thereby to be, nor were they at the time of birth, US citizens. In 1937, Congress rectified this unjust and unanticipated situation, by allowing children born to a parent, who was appropriately employed or born in wedlock to a woman married to one so employed, the opportunity to be a citizen. However, there is no record of such naturalization, nor of any proof of eligibility for the same, but there IS proof of ineligibility; and we have it, the attestation of the non-existence of a recorded marriage anywhere in Baja State at any time plausibly corresponding to the McCain’s alleged marriage. Moreover, we have filed it in the only State in the Union which has Spanish as an official language, New Mexico, and hence subject to full faith and credit provision of US Constitution and Statute (1948).
Markham Robinson, AIP Chairman
P.S. We do have an appeal of the McCain case or we will know the reason why!
Mr Reality is so worried aboutthis lawsuit . Don’t worry Obama will get away withj this one too
Dear Markham,
“I instructed my lawyers to file an appeal on the McCain case.”
Probably the reason why they didn’t is the following:
Mark Seidenberg has correctly stated that “John Sidney McCain was born in the City of Colon, Republic of Panamaâ€, that’s exactly why McCain, by virtue of his American parentage (wedlock dosn’t matter), according to 1934′ law is unquestionably an American citizen. See Act of May 24, 1934, Pub. L. No. 73-250, § 1, 48 Stat. 797 (amended 1952) (“Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United Statesâ€).
Respectfully yours. Mark Galperin, a US citizen
Jonathan,
“Mr Reality is so worried aboutthis lawsuit. Don’t worry Obama will get away withj this one too”
You are very probably and regretfully right.
Regards
Mark
TO: Mark Galperin
This is a refutation to comment #25. You are correct as to what the Act of May 24, 1934 states.
However, that act did not apply to either the Canal Zone (which was covered by 8 USC 5d) and others area of the Republic of Panama external to the Canal Zone,, which the City of Colon was a part (which was covered by 8 USC 5e) because all
of Panama on August 29, 1936 was under the “jurisdiction of the United States.” Panama
was outside the “limits … of the United States”
since the Treaty of Washington of 1903 entered into force in the year 1904, but was in the jurisdiction of the United States. Therefore,
Congress by the Act of August 4, 1937 placed as
a class for collective naturization certain children born in Panama to an American Citizen
Parent who was born to employees of the United States Government or the Panama Railroad Company
(or its success in title).
Again Roberta Wright (John Sidney McCain III’s mother) gave birth to her son out of wedlock
(if a marriage record does surface), since her employment listed on the birth certificate as a
“housewife” she could not be the source of making
John Sidney McCain III a member of the class of
children born before the effective date of August 4, 1937 to be included in that “collective naturalization of Congress”.
Bottom line the Act of Congress which Mark Galperin
quotes does not apply to any location in Panama, because all of Panama was under the jurisdictiion of the United States on the date of August 29, 1936.
Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party
Worried? About what? You want to waste your time, knock yourselves out.
To Mark Seidenberg.
Dear Mark,
Panama proclaimed its independence with U.S. backing in 1903. On November 3, 1903 Dr. Manuel Amador Guerrero, a prominent member of Panama Conservative political party, became the first constitutional President of the Republic of Panama. From 1903 until 1968, Panama was a republic dominated by a commercially-oriented oligarchy.
You wrote, that “all of Panama on August 29, 1936 was under the “jurisdiction of the United States—.
As far as I know Panama had at that time its own legislation and jurisdiction.
I believe you are serious in this discussion and not wasting our time, so could you please demonstrate the opposite, specifically, that “all of Panama on August 29, 1936 was under the “jurisdiction of the United States— with a specific reference to the US Code.
Thanks a lot.
Mark Galperin
To All
Phil Berg’s website http://obamacrimes.com has been
shutdown less then 1 hour ago. Does anybody know- why?
It’s very easy to con the supremely gullible into believing something they want to believe in the first place. The lack of thought being put into this by the people screaming for Obama’s head is nothing less than dumbfounding. A tenth of a second’s thought would show how imbecilic the claim actually is, yet suckers buy into it without so much as an “Uh, are you sure about that?” It’s amusing, really. They insist *Obama* show evidence, but don’t insist that Berg show his. Yet another proof that they don’t even want to bother to think — in the US the burden of proving things in court is 110% on the prosecution, never the defense. The lack of even an 8th-grade understanding of the law is absolutely stupefying….
+ + +
Hi Bill,
Sorry, you made a mistake: please have a look at Bute v. Illinois, 333 U.S. 640, 653 (1948):
The “burden of establishing a delegation of power to the United States * * * is upon those making the claim.â€
Now that Obama’s citizenship has been seriously questioned, the burden of proof rests squarely on his shoulders.
Prosecution comes for him, when criminal charges are brought in. It might happen.
For full-scale legal analysis you might have a look at:
http://www.newswithviews.com/Vieira/edwin84.htm
Best regards
Mark Galperin
Note: My e-mail address is yahoo.co.uk because I like the uk Yahoo’s Content better than the US Home Page Content, but I DO live in the US.
———————————————————————-
God! Don’t you people have something better to do, other than wasting your time on this nonsense?
I was born overseas, became a Citizen, (therefore could never be President), my Sons, however, were both born in the US, and could.
Even if they had been born overseas of their US-born Father, they’d still be US Residents.
Case Closed!
I’ve a Bachelors in Journalism – Editorial, ahve done my Homework, and believe that Barack Obama will be the best thing that;s happened to this contry, since, who-knows-when!!!
You, people are all a bunch of NUTS, and belong ina Psych Ward!!!
And, by the way, Obama is as Caucasian as he’s Black. In my Country he’d be called what he actually IS:
A “Mulatto” (1/2 and 1/2) His Grandfather though Caucasian looks just like him.
I like him, too, because of his both Cosmopolitan and Down-to-Earth views of the World.
I’m from one of the largest Cities in the World, and have found US People, (everywhere) tio be THE MOST PROVINCIAL-THINKING PEOPLE I’VE EVER RAN INTO. With a few exceptions.
And don’t bother telling me to go back to my Country. I was there 19 years, and have been here 35 years.
If you want Intelligent, Unbiased Info on these People, (Cosmopolitan Views, rather than Provincial) please, go to your local PBS Stations and watch Bill Moyers Journal, Washington Week in Review, Frontline, Wide Angle, Frontline World, Charlie Rose, and Tavis Smiley, and the BBC News, amongst the other Shows I can’t think of right now.
Get yourself Educated, instead of hanging onto your Provincial Mother’s Apron 20th Century Ideas. Embrace the 21st. Century, and leave the shameful Bloodless Coups of 2,000 and 2,004 we’ve had behind.
I grew up in a Dictatorship, and have seen the changes this Country has been going throughm, from a Nation where one Could speak their Mind, to one where One must Censor what one even THINKS.
I believe an obama C=Presidency will bring us into the 21st. Century, one of Enlightenment, Hope and, yes! CHANGE!
If you don’t like it…Move to Mars!
I’m Done!
Armchairwriter, York,Pennsylvania,
PS. I’m an American, too yet wasn’t born in the USA. get this off your minds, “America” is NOT nor has it ever been only the United States OF America. Find another Appellation for yourselves. USAdians, USaidias, Stadians…whatever, but NOT Americans.
Oops, i made a mistake, I meant to say my Sons would still be US Citizens, not Residents.
Armchairwriter
York, PA, USA
To: Mark Galperin,
First I now in Phoenix, Arizona and my records are in California, so what I doing now is go to memory.
Prior to the Act of August 4, 1937, children born
in Panama to American Citizen parents did not have any right to United States Citizenship. That is what both the Senate and House hearing determined
over the issue of S. 2416 [Public Law 242, 8 USC 5d
(for within the Canal Zone) & 8 USC 5e (for areas
of the Republic of Panama no within the Canal Zone)]. The Act of August 4, 1937 was repealed by
Congress on January 13,, 1941.
Congress in this act of “collective naturalization” had different requirements for citizenship. Outside of the Canal Zone within
the Republic of Panama the parent had to be employed by the United States Government or the
Panama Railroad Company (or its successor in title). Roberta Wright according to the Government
of Baja California was never married in Baja California to John Sidney McCain. Even though
Roberta Wright claims she was married at a bar in
TJ, Mexico on 21 January 1933. The city of Colon,
Republic of Panama by the Treaty of Washington of
1903 granted jurisdiction to the City of Colon.
I hope this answers your question.
Sincerely, Mark Seidenberg, Vice Chairman. American Independent Party
Just one last thing!
When I wrote, I didn’t take the time to Make sure there were no Typos. Sorry about them. I’ve just been angered by all the Irrascibility and attacks on Obama’s Character, and Background. My apologies.
CLD
Mark Galperin, the question is not whether or not McCain is a citizen, because he clearly is under 8 USC 1403 (INA 1952, passed when McCain was 16!) if he was born in the PCZ, but whether he is natural-born and therefore eligible to be President under Article II, which he clearly is not. Please get that distinction straight.
Bloodline is irrelevant to natural-born status, and is only relevant to citizenship under naturalization legislation.
To be a natural-born citizen one must be born in one of the several States, the District of Columbia, the territories, Puerto Rico, or the possessions. Panama is not on the list, and neither was the PCZ, ever.
First and foremost, I can’t believe that one of these BallotAccessNews blogs has over FORTY-FIVE entries!!
45+: Theoretical question for you all —
If either McCain or Obama is elected and eventually the Supreme Court rules that the winner was/is not qualified, well, then what? Does the SECOND runner up get the (presidential) title, ala Miss Universe or American Idol? Or does Congress make an ex-post-facto exception to keep the election “winner” as president?
If the runner-up is also found unqualified as some of these blog entries suggest (nay, HOPE FOR), then perchance Nader or Barr could be president?
Hmmm? Perhaps all this “citizenship” bantering could be useful afterall :>)
To Mark Seidenberg,
Mark, thanks for the refering to the Treaty of Washington (1903).
It’s published at ttp://www.fordham.edu/halsall/mod/1903panama.html,
so no need to rush for it to California. It’s not that “Treaty of Washington of 1903 granted [US] jurisdiction to the City of Colon”.
Specifically it says: “The Republic of Panama agrees that the cities of Panama and Colon shall comply in perpetuity, with the sanitary ordinances whether of a preventive or curative character prescribed by the United States”. This is only US ordinace, which the City of Colon should comply with, but Sanitary Ordinance isn’t Juricdiction.
If you read it through, you would see, that the City of Colon with exception of Sanitary Ordinance, lived under Panama Juridiction, which was enforced by Panama and/or by the US, and therefore the Act of May 24, 1934, Pub. L. No. 73-250 applies, as Sanitary Ordinance is irrelevant to the case.
I hope you agree. Will be glad to talk to you. My Skype is starina2.
Mark Galperin
20th Amdt, Sec. 3. Text spread out for easier reading.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President.
If a President shall not have been chosen before the time fixed for the beginning of his term,
or [[[[ if the President elect shall have failed to qualify]]],
then the Vice President elect shall act as President until a President shall have qualified;
and the Congress may by law provide for the case
[[[ wherein neither a President elect nor a Vice President elect shall have qualified]]], declaring who shall then act as President,
or the manner in which one who is to act shall be selected,
and such person shall act accordingly until a President or Vice President shall have qualified.
Per Mark: “Hi Bill,Sorry, you made a mistake: please have a look at Bute v. Illinois, 333 U.S. 640, 653 (1948): The ‘burden of establishing a delegation of power to the United States * * * is upon those making the claim.’
“Now that Obama’s citizenship has been seriously questioned, the burden of proof rests squarely on his shoulders.”
Sorry, Mark, but in error I’m afraid I’m not. 😉 The person making the “claim” is Berg. Therefore by virtue of what you yourself just posted, the burden of proof is on him. 🙂 [I *am* familiar with Vieira’s site, BTW. :)]
My prediction stands — the high court will refuse even to hear the case. No one else can join Berg’s case as it stands now, so even if the Bush v. Gore team were to wish to repeat their anomalous claim of “equal protection” it wouldn’t come to the table. Even should the case miraculously be referred back to the lower court & Berg re-filed with the BvG team on board as co-petitioners, they would still have to prove actual harm that required remediation; since Berg hasn’t presented anything even remotely resembling actual harm, the case would still be rejected on merits. And even presuming it were *not*, Obama (since he along with the govt.) is named as a defendant, & thus could then legitimately invoke the “equal protection” argument himself, since at that point actual harm *would* have occurred .. to him. 😉
Souter (in his role as de facto centrist on the current court) is all but certain to refuse a hearing simply on procedural grounds, which renders the whole argument moot in any case. It’ll honk off a (small) bunch if people, true, but nevertheless, there it is.
I normally only put money on solidly sure bets — I’d stake my next 3 paychecks on this one. 🙂
This just in:
State declares Barack Obama’s Hawaii birth certificate is genuine
By Associated Press
6:43 PM EDT, October 31, 2008
HONOLULU (AP) _ 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.
===
(and this slightly different account:)
Friday, October 31, 2008 – 11:51 AM HAST (That means Hawaii/Aleutian Standard Time)
Obama’s Hawaii birth certificate confirmed
Pacific Business News (Honolulu)
The director of Hawaii’s Department of Health confirmed on Friday what Barack Obama has been saying all along: the presidential candidate was born in Honolulu.
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate,†said Chiyome Fukino. “State law prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.â€
Citing her statutory authority to oversee and maintain Hawaii’s vital records, Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.
“No state official, including Gov. Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii,†Fukino added.
Lingle, a Republican, has been campaigning on the Mainland for Obama’s opponent, Sen. John McCain of Arizona.
Obama, a Democratic senator from Illinois, was born Aug. 4, 1961, in Honolulu. He graduated high school at Punahou School in 1979.
End quote:
These two versions of the same report seem clear enough. The birth certificate is on file in Hawaii and it is valid.
However, the opponents of Obama simply will not give up. I have seen one Web comment that went along these lines: “It could have been a valid Kenyan birth certificate on file in Hawaii that the Hawaii official was talking about.”
Laughable, of course, why would a Kenyan birth certificate be filed in Hawaii?
To Bill Nichols.
Hi, Bill.
“The person making the “claim†is Berg. Therefore by virtue of what you yourself just posted, the burden of proof is on him. :)”
Sorry Bill, you didn’t understand me, I was talking about Obama’s claim, nor Berg’s. Obama claims Presidential power, and therefore the ‘burden of establishing a delegation of power to the United States * * * is upon those making the claim.’
But if he has been born in HI, then the argument is irrelevant. 🙂
Look at the latest news. Now you know why Obama recently visited his grandma. 🙂
Regards
Mark
Ken in St Louis wrote : “First and foremost, I can’t believe that one of these BallotAccessNews blogs has over FORTY-FIVE entries!!
45+: Theoretical question for you all –
If either McCain or Obama is elected and eventually the Supreme Court rules that the winner was/is not qualified, well, then what? Does the SECOND runner up get the (presidential) title, ala Miss Universe or American Idol? Or does Congress make an ex-post-facto exception to keep the election “winner†as president?
If the runner-up is also found unqualified as some of these blog entries suggest (nay, HOPE FOR), then perchance Nader or Barr could be president?
Hmmm? Perhaps all this “citizenship†bantering could be useful afterall :>)”
Ken this is discussion has gone from the sublime to the ridiculous ! But ya know something if either side can strike pay dirt and find one judge to rule in their favor you can bet your bottom dollar the otherside will counter. So in efect we would have a stand-off. Maybe the US Supreme Court would declare the Ticket with the 3rd Highest Vote the winner. Or maybe they could just toss out the Democrats and Republicans and order new elections in 60 Days with the remaining 4 Party Tickets. Yeah Yeah… I know. But if your dreaming why not go First Class ?
The Consolation Prize isn’t bad either ! I like the sound of gun-fire in the streets.
To: Mark Galperin REF. # 47
You asked me if I agreed with you. The direct answer is no I do not. This is why.
First, the Proviso under Article II of the Treaty of Washiington, aka Hay-Bunau Varilla Treaty of November 18, 1903, states in part that city of Colon … and its harbors adjacent …which are included within the boundaries of the zone …,
shall not be included within this grant.
However, in different grant within the same treaty
it states that the Republic of Panama futher grants
in like manner to the United States in perpetuity,
all islands within the limits of the zone.
The location of the Colon Hospital (built in 1929)
which John Sidney McCain III was born in was in the
city limits of Colon, but was located on one of the
islands covered in the further grant.
Also by Article VIII, the enforcement of the sanitary ordinances of the United States in the
city limits of Colon, Republic of Panama grants
to the United States in perpetuity the jurisdiction of the United States. That is a reason Congress inacted what was known as 8 USC 5e.
My suggestion is you read Richard W. Flourney’s
article in 1934 American Bar Association Journal
entitled: “Proposed Codification Of Our Chaotic
Nationallity Laws”.
The bottom line is Republic of Panama (both the Canal Zone and areas external to the Canal Zone)
fell into a gap in the law, covered neither by the
citizenship clause nor Revised Statutes section 1993 (passed as the Act of May 24, 1934). That was
the reason Congress closed the legal gap by the Act of August 4, 1937. John Sidney McCain III would have been covered as a citizen, if his mother
had the good sense to enter into a lawful marriage
at or prior his birth. But Roberta Wright did not
enter into a lawful marriage on 21 January 1933 or
at any other time by the date of birth, viz., 29
August 1936. Since she was a “housewife” she was
not an employee of the United States Government nor
an employee of the Panama Railroad Company (or its successor in title), and therefore John Sidney McCain III is not a citizen of the United States.
Sincerely, Mark Seidenberg, American Independent Party.
Third Circuit Denied Berg’s Emergency Motion Yesterday:
Plaintiff-Appellant’s Emergency Motion for an Immediate Injunction To Stay the Presidential
Election of November 4, 2008 Pending Resolution of the Petitioner’s Appeal is hereby DENIED. For the reasons ably expressed by the District Court—and not addressed in
Plaintiff-Appellant’s Emergency Motion—it appears that Plaintiff-Appellant lacks standing
to challenge Senator Barack Obama’s candidacy for the Presidency of the United States.
Accordingly, Plaintiff-Appellant has not shown a likelihood of success with respect to his
appeal.
http://www.washingtontimes.com/news/2008/oct/31/state-declares-obama-birth-certificate-genuine-1/
Originally published 06:43 p.m., October 31, 2008, updated 06:36 p.m., October 31, 2008
State declares Obama birth certificate genuine
HONOLULU (AP) – 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.
Some Obama critics claim he was not born in the US.
Earlier Friday, a southwest Ohio magistrate rejected a challenge to Obama’s citizenship. Judges in Seattle and Philadelphia recently dismissed similar suits.
I think the reason Obama has been referred to as the “stay-at-home” senator is because he does not have a US Passport. I doubt on his recent trips to Europe and abroad that he was required to go through immigration. He probably only legally holds a Indonesian passport.
“I think the reason Obama has been referred to as the ‘stay-at-home’ senator is because he does not have a US Passport. I doubt on his recent trips to Europe and abroad that he was required to go through immigration.”
Ah, the effete blandishments of gullible conspiracy theorists. I could believe in the Easter Bunny or Jack Frost if I chose to, but I choose instead not to insult the Almighty by refusing to use the brain He provided me with.
I copied the below from another blog. The State of Hawaii is saying they are holding the original birth certificate, as opposed to the short form version that Obama has produced. Funny that the long form would be sealed the day after Obama and his legal team visited Hawaii ostensibly to visit his sick grandmother.
“State officials did not say that at all. You’ve spun what they said. Chiyome Fukino said “I as Director of Health for the State of Hawaii, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawaii State Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures. No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii.”
What they didn’t explain is what is in BOX 7C of this record. Original Hawaiian Birth Certificates had a funny thing on them in the 1960s. It allowed for births OUTSIDE Hawaii to be registered IN Hawaii. “BOX 7C” on an Original Birth Certificate says “County and State or Foreign Country” of birth. – source: http://www.cusc.org
The statement made today by Chiyome Fukino leaves a lot of other unanswered questions too. There IS something being hidden, and it is so serious that this original birth certificate CAN NOT BE SEEN!
WHY RISK THE ELECTION OVER THIS UNLESS IT IS VERY, VERY SERIOUS!?!
More shocking still: the missing birth certificate is just the tip of the iceberg.”
Phil Berg’s server for http://www.obamacrimes.com is experiencing problems. Uncertain when it will be back up.
http://www.obamacrimes.com is back up.
Per Mark G: “Hi, Bill.
“The person making the “claim†is Berg. Therefore by virtue of what you yourself just posted, the burden of proof is on him. :)â€
Sorry Bill, you didn’t understand me, I was talking about Obama’s claim, nor Berg’s”
No, Mark, I understood you fine. };) You see, the problem is, Obama hasn’t made a claim, in court or anywhere else. Berg, OTOH, has. And as we all know, only claims made in court are affected by rulings on legal claims. I understood you fine, & underastood your point. The only problems were that your point was improperly phrased & that the way you phrased it, it applied to Berg & only Berg. 😉
Per Mark G:”But if he has been born in HI, then the argument is irrelevant. 🙂
Look at the latest news. Now you know why Obama recently visited his grandma. :)”
Yup, irrelevant it is, & was, always. -chuckle- Of course, the assumption that that’s why he went to HI is only that, & we all know what they’re worth. -grin-
Per John Adams: “Funny that the long form would be sealed the day after Obama and his legal team visited Hawaii ostensibly to visit his sick grandmother.”
And by a Republican governor, at that. God, she must really hate McCain, huh? -lol- Ah, conspiracy theorists — they Just Can Not Accept Reality…. }}:)
Hello! Think! The Congress qualifies people. Not the Supreme Court. Congress does not have the power to just ignore the constitution. That’s where Marbury v. Madison comes into play: The qualification of that one is no qualification at all IF, he is not elligable to qualify.
Both McCain and Oboma are dirty colonials and simply not elligable to be qualified.
The Congress has behaved badly these last 8 years and blamed Bush for it (even though they told him to break the laws): they will continue to violate our rights and break their own laws.
Happy Guy Fawkes Day: Never, ever forget –Voting is over.
Mr. Berg should have filed a qui tam or false claims action, which would have solved the standing problem:
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
PHILIP J. BERG, ON HIS OWN BEHALF
AND ON BEHALF OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA,
Relator,
v.
BARACK HUSSEIN OBAMA,
Defendant.
COMPLAINT PURSUANT TO FEDERAL FALSE CLAIMS ACT
COMES NOW Philip J. Berg, as the relator on his own behalf and on behalf of the Government of United States of America, and brings this complaint pursuant to the federal False Claims Act, 31 USC 3729, et sequitur, against the defendant Barack Hussein Obama, stating:
JURISDICTION AND VENUE
1. This cause of action arises under the federal False Claims Act found at 31 USC 3729 through 3733. Jurisdiction thus resides, pursuant to that federal statute, with the United States District Courts. This particular District Court for the District of Columbia affords the proper venue for this action in that the defendant has submitted within the District of Columbia his false, fraudulent, and wrongful claim for the payment of monies by the United States Government and the Department of the Treasury located also within the District of Columbia.
THE PARTIES
2. The relator, Philip J. Berg, is a citizen of the United States, a resident of Pennsylvania, more than eighteen years of age, and a lawyer practicing law in the Commonwealth of Pennsylvania. He uniquely possesses certain information not held by others regarding the false claim by the defendant by virtue of his long history of activity within the Democratic Party and by virtue of his discovery of disturbing information as to the defendant.
3. The United States Supreme Court has held in Vermont v. United States, 529 US 765 (2000) that a private citizen such as the relator herein has standing to bring an action under the False Claims Act as this. Thus, there can be no valid assertion whatsoever that the relator does not have standing to bring this instant action. The United States Supreme Court has expressly held otherwise.
4. The United States Government is the party on whose behalf the relator also brings this action, as well as on his own behalf, as required by the False Claims Act.
5. The defendant, Barack Hussein Obama (hereinafter Obama), is not a citizen of the United States but is nevertheless a United States Senator from the State of Illinois, elected to that office, improperly in November 2004, as will be seen more fully, infra.
FACTS
6. Article I, Section 3 of the United States Constitution mandates that a United States Senator shall be a citizen of the United States.
7. Defendant Obama is not a citizen of the United States, as indicated by the information contained on Exhibit A, attached hereto and made a part hereof.
8. Defendant Obama, knowing he was and is not a United States citizen, nevertheless fraudulently filed papers for the purpose of running for the federal office of United States Senator. As a result, he was elected to that office, despite his inability to qualify for that office as required by the United States Constitution.
9. Upon his wrongful election, defendant has received payment from the United States Government, specifically from the United States Department of the Treasury, of a salary as a United States Senator. This payment of a salary to defendant Obama results from his submission of a false claim, within the full meaning of the False Claims Act, that he is a United States citizen entitled to a salary as a United States Senator. He is not, as he cannot legally hold this federal office by virtue of his not being a United States citizen.
10. This ruse by defendant Obama that he is a United States citizen and thus entitled to the payment of a salary for the performance of duties while in the Office of United States Senator constitutes a clear violation of the 31 USC 3729, et sequitur, for which there is a certain mandatory remedy.
REMEDY
11. Relator Berg, on his own behalf and on behalf of the United States Government, seeks all remedies available to him pursuant to the remedies set forth in the False Claims Act, including a refund of all salary monies paid to the defendant and other certain fiscal penalties set forth in the False Claims Act.
12. Further, relator prays that the United States Attorney General avail himself of all investigative tools on an expedited basis as provided under 31 USC 3733 in order that this matter might be resolved expeditiously. More specifically, the Attorney General can and should, as quickly as possible, secure the original birth certificate of the defendant purportedly held by the State of Hawaii, but which defendant Obama refuses to provide to the public.
WHEREFORE, pursuant to the procedures and remedies set forth in the federal False Claims Act, relator, on his own behalf and on behalf of the Government of the United States of America demands that the Act be enforced fully, fairly, and expeditiously.
________________________________
PHILIP J. BERG, Relator
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
(610) 825-3134
Mr. Reality The reality of the situation is people will think what they wish and until someone changes the United States Constitution and the Bill of Rights, we can think and talk as we feel is right even if we are wrong we still have the right.
Mark Seidenberg, Vice Chairman, American Independent Party
WOW Mark sure seems impressed with himself such and important title so far I am not impressed.
What a web we weave. We must wallow in our corruption and sins until we wake up. May God have mercy on us all.
If Philip Berg, Andy Martin, Alan Keyes and all of the others making these claims are lying, and this could possibly destroy Barack’s career, and effectively end the Democratic Party, why have the DNC and the Obama Camp not sued them for libel?
I know if these “vicious rumors” were being published and pursued about and against me, and I had nothing to hide in a court of law I would have sued for libel the day these suits were presented.
Instead the DNC and Obama have decided to file injunctions and attempt to have these suits tossed on technicalities to avoid having to prove the unprovable which would ultimately lead to the absolute destruction of the Democratic Party and the “Hope” of changing the course of this country forever.