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Judge rejects Montco lawyer's bid to have Obama removed from ballot

Read ArticleArticle Source: The Philadelphia Inquirer
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A federal judge in Philadelphia last night threw out a complaint by a Montgomery County lawyer who claimed that Democratic presidential candidate Barack Obama was not qualified to be president and that his name should be removed from the Nov. 4 ballot.

Philip J. Berg alleged in a complaint filed in federal district court on Aug. 21 against Obama, the Democratic National Committee and the Federal Election Commission, that Obama was born in Mombasa, Kenya.

Berg claimed that the Democratic presidential standardbearer is not even an American citizen but a citizen of Indonesia and therefore ineligible to be president.

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{"commentId":3690458,"authorDomain":"jyuma"}

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."

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  • 3 votes
Reply#1 - Sat Oct 25, 2008 11:57 AM EDT
{"commentId":3696400,"authorDomain":"jimdent"}

Damn Johnny, you did beat me by three hrs.  Looks like the Doppelganger is still fubar. Sorry dude!  I'll give ya a vote if you promise not to hate on me...  ;)

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  • 2 votes
#1.1 - Sat Oct 25, 2008 8:08 PM EDT
{"commentId":3697183,"authorDomain":"jyuma"}

Jim,

Let's see who can post the first seed about the coming appeal :)

{"commentId":3697183,"threadId":"399031","contentId":"2039091","authorDomain":"jyuma"}
  • 1 vote
#1.2 - Sat Oct 25, 2008 9:35 PM EDT
{"commentId":3697505,"authorDomain":"jimdent"}

Well, considering you beat me by three hours on this one, I ain't bettin' on me. ;)

{"commentId":3697505,"threadId":"399031","contentId":"2039091","authorDomain":"jimdent"}
  • 2 votes
#1.3 - Sat Oct 25, 2008 10:05 PM EDT
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{"commentId":3691786,"authorDomain":"lgschrei"}

The Third Circuit Court of Appeals is located in the same federal courthouse as the federal District Court. I'd bet Berg will have his appeal filed Monday morning. What a waste of the Courts' time.

{"commentId":3691786,"threadId":"399031","contentId":"2039091","authorDomain":"lgschrei"}
  • 1 vote
Reply#2 - Sat Oct 25, 2008 1:45 PM EDT
{"commentId":3703809,"authorDomain":"jyuma"}
{"commentId":3703809,"threadId":"399031","contentId":"2039091","authorDomain":"jyuma"}
    #2.1 - Sun Oct 26, 2008 1:18 PM EDT
    Reply
    {"commentId":3692023,"authorDomain":"lla957"}

    And back  here in Indiana...the Republican Committee Chairman and his mouthpiece are wasting taxpayer money taking a case to the Indiana Supreme Court to try to close down early voting sites.  The Supreme Court refused to hear the case and sent it to the Indiana Appeals Court.  And the Bush beat goes on...........

    {"commentId":3692023,"threadId":"399031","contentId":"2039091","authorDomain":"lla957"}
    • 2 votes
    Reply#3 - Sat Oct 25, 2008 2:01 PM EDT
    {"commentId":3739289,"authorDomain":"glillis"}

    As I always state.....I am an independent.  Personally I don't care for either party anymore but,  this is serious.  The Constitution states, natural born citizens only.  Is he a natural born citizen or isn't he????  This argument came up several months ago before he was nominated only that time the news stated he was born in Hawaii.  So where was he born?  Was he born in Kenya or Hawaii before Hawaii became a state??  What I can't believe is why this question was never answered and is now in the court system!  Where is the guys birth certificate?  Isn't this that simple??? And, why isn't this on the front page of a newspaper??  

    Usually this type of history is research before you ever run for your first office. Where is Obama's birth certificate??  Every State now keeps records of who was born in that State.  I am older than Obama and my son is younger the State of Michigan has us both on record.  In Michigan for a fee of about $65.00 you can get a copy of your State Birth Certificate sent to your door in two days.  Why is this in the courts???? 

    {"commentId":3739289,"threadId":"399031","contentId":"2039091","authorDomain":"glillis"}
    • 2 votes
    Reply#4 - Tue Oct 28, 2008 1:27 PM EDT
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