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WND OBAMA WATCH CENTRAL
Eligibility remains focus of Supremes' conferences
Dispute posted on docket twice after Electoral College votes in
Posted: December 26, 2008
10:40 pm Eastern

© 2008 WorldNetDaily

A second conference has been posted on the docket for the U.S. Supreme Court over the issue of Barack Obama's eligibility to occupy the White House, this one scheduled a week after Congress is to review the Electoral College vote tabulation.

The latest issue posted is a request for an injunction on the election results pending the resolution of a petition for a writ of certiorari filed by attorney Philip J. Berg, a case that is docketed for a similar conference among the justices on Jan. 9.

Berg's original case raises questions about Obama's eligibility and his injunction request first was filed early in December. It was submitted to and rejected by two different justices before it came before Justice Antonin Scalia on Dec. 18. Then just before Christmas the docket was updated to reflect that the motion had been "distributed for conference of January 16, 2009."

(Story continues below)




On Berg's Obama Crimes.com website, he said Congress is scheduled to hear the Electoral College results on Jan. 8. Then on Jan. 9 there's the conference scheduled on Berg's case itself, with the injunction issue to be addressed a week later.

WND has reported Berg's case, one of the first legal challenges to Obama's eligibility to reach the Supreme Court, alleges he cannot constitutionally be inaugurated.

"I know that Mr. Obama is not a constitutionally qualified natural born citizen and is ineligible to assume the office of president of the United States," Berg said in a statement on his ObamaCrimes.com website.

"Obama knows he is not 'natural born' as he knows where he was born and he knows he was adopted in Indonesia; Obama is an attorney, Harvard Law grad who taught Constitutional law; Obama knows his candidacy is the largest 'hoax' attempted on the citizens of the United States in over 200 years; Obama places our Constitution in a 'crisis' situation; and Obama is in a situation where he can be blackmailed by leaders around the world who know Obama is not qualified," Berg's statement continued.

"The Supreme Court has listed the case of Berg vs. Obama for 'conference' on January 9," the website said.

"I am appalled that the main stream media continues to ignore this issue as we are headed to a 'Constitution Crisis,'" Berg wrote. "There is nothing more important than our U.S. Constitution and it must be enforced. I am concerned that our courts have not yet decided to look into the merits of our allegations."

WND previously reported on a case brought by Cort Wrotnowski. It fell by the wayside when the justices heard about it in conference but refused to give it a further hearing. That was the same fate handed to a case brought by Leo Donofrio. Both challenged Obama on essentially the same issue: allegations that dual citizenship based on a father who was a British subject and a mother who was an American minor disqualified him for office.

Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 190,000 others and sign up now!

The high court previously turned down a request from Berg to stop the Electoral College from selecting the 44th president until Obama documents his eligibility for the office.

As WND has reported, more than a dozen lawsuits have been filed over Obama's eligibility to assume the office of the president, many have been dismissed, while others remain pending.

The cases, in various ways, have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the legal challenges have alleged Obama was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. Such cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child, his travel to Pakistan in the '80s when such travel was forbidden to American citizens and conflicting reports from Obama's family about his place of birth.

A partial listing and status update for several of the cases surrounding Obama's eligibility to serve as president is below:

* Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Supreme Court conferences on the case and its motions are scheduled Jan. 9 and 16.

* Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

* Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

* Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.

* Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.

* Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.

* In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

* In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.

* In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injuction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

* California attorney Orly Taitz also has brought a complaint alleging Obama is not a "natural born" citizen and has written an open letter to the Supreme Court asking for the issue to be resolved.

Last month, WND reported the worries over a "constitutional crisis" that could be looming over the issue of Obama's citizenship.

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void," argues the Alan Keyes case pending in California, "Americans will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal."

With such high stakes potentially at risk, WND earlier launched a letter campaign to contact Electoral College members and urge them to review the controversy.

That followed a campaign that sent more than 60,000 letters by overnight delivery to the U.S. Supreme Court when one case contesting Obama's eligibility for the Oval Office was pending.

A separate petition, already signed by more than 190,000 also is ongoing asking authorities in the election to seek proof Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution.

WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question was why, if a Hawaii birth certificate exists as his campaign has stated, Obama hasn't simply ordered it made available to settle the rumors. The image his campaign posted online has been rejected by critics since it is a "certification of live birth," not a birth certificate, and under Hawaii law at the time such certifications were given to parents of children born outside the state.

The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

Obama's half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born. There have been other allegations that Obama actually was born in Kenya during a time when his father was a British subject. At one point a Kenyan ambassador said Obama's birthplace in Kenya already was being recognized.





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Previous stories:

Campaign demanded Change.gov Web domain

Supreme Court to talk about Obama 3rd time

More challenges fail in Supreme Court

Supreme Court refuses 2nd challenge to eligibility

Status report: The eligibility issue

Supremes turn down request to stop Electoral vote

Join exploding demand for citizenship documentation

Electors challenged to investigate birth dispute

Last few hours to FedEx Electoral College voters

Supremes turn down request to stop Electoral vote

Eligibility question? FedEx Electoral College members

Not even Supreme Court can kill citizenship dispute

Supreme Court denies citizenship challenge

More than 60,000 letters sent to U.S. Supreme Court

Petition to see the birth certificate

Will Supremes review citizenship arguments?

Imaging guru: 'Certification' of birth time, location is fake

Chasm dividing Americans over birth certificate widens

WND launches new forum on Obama's eligibility

Supremes to review citizenship arguments

'Constitutional crisis' looming over Obama's birth location

Obama camp: Lawsuits by citizens are 'garbage'

Will Supreme Court have say in presidency?

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Comment by Kevan Corkill on December 29, 2008 at 3:37pm
Prayers, praying that the TRUTH will come into the light for all to see...Amen. :)
Comment by JJ on December 27, 2008 at 2:37pm
Ok—Now I see the big picture!
Part 1
written by Tom Waite, December 24, 2008

In my previous analysis of the Berg v. Obama Supreme Court case, I said that the Supreme Court Justices were very sly by scheduling a January 9th conference date in order to discuss Berg’s Writ of Certiorari. Because just one day earlier, congress is to open up the Electoral College’s sealed votes from each state, count the votes and declare a presidential winner. But now there is a new development, which seems very perplexing at first but I believe I can shed light on this news and reinterpret it as a sign of political chess.

The new development is that on December 18, 2008 Berg filed an injunction (to stay the congressional electoral vote count on January 8, 2009 until Barack Obama proves his qualifications, i.e. that he was born in U.S.A.) and he submitted it to Justice Antonin Scalia. Now the very perplexing news is that this injunction has been granted a conference date of January 16, 2009! I know—you’re all rubbing your eyes in disbelief and also when you put into context that the inauguration is on the 20th of January, I have no doubt that you’re saying, what the FUCK?

Whenever I try to type a website on my comments, I never get posted on this blog, so I’ll creatively refer you to the following website, type in three ‘W’s’ and then a dot and then type ‘americasright’ then a dot and finally type ‘com’. Read the story ‘Berg’s Application for Injunction Curiously Moves On at Supreme Court’ under Tuesday, December 23, 2008. Jeff Schreiber (the person running this blog), is a law student and he can’t fathom the reasoning behind the Supreme Court’s decision to set a date to discuss Berg’s injunction that is well after the time congress will have counted the Electoral College’s votes. In doing so, Jeff feels this conference on January 16, 2009 to discuss Berg’s injunction will be a moot issue.

However, I see it differently, the Justices of the Supreme Court aren’t sequestered in some castle. The Justices know exactly what the issues are and are constantly being bombarded with similar legal applications to be considered regarding Barack Obama’s eligibility for president. As I’ve mentioned in a previous post, if the Justices wanted to dismiss Berg’s Writ of Certiorari they could have but they deliberately chose to discuss it 24 hours after congress officially counts the Electoral College’s votes; reason being Berg’s issue of standing will now be valid! Once Obama official wins the national vote (via the counting of Electoral College’s votes), Berg’s issue of harm being done to him by Obama now becomes legally valid it is no longer theoretical; thus Berg does have legal standing!

Now in a political game of chess, the Supreme Court’s manoeuvring of the January 9th date to discuss Berg’s Writ of Certiorari can be seen as a move of check against Obama. Obama is now in a corner but still can move his king chess piece and similarly with the Writ of Certiorari, Obama still could refuse to deliver evidence proving he was born in United States. I understand why the Justices set a date one week later (January 16) to discuss Berg’s injunction to stop congress from counting the Electoral College’s votes, this move can be seen as check and mate! Meaning Obama’s king can’t move in any direction on the chessboard, thus he’s trapped and has lost the game!

Setting a date to discuss the injunction on preventing congress from counting the Electoral College’s votes isn’t a moot issue; in this context any judgment is retroactive! So that even if congress has counted the Electoral College’s votes and have declared Obama the presidential winner; if the Supreme Court finds Obama ineligible to be a presidential candidate, they can retroactively cancel the results of the January 8th Electoral College’s vote count!

And that’s why the Supreme Court is allowing for a January 16th conference on Berg’s injunction to stop congress from counting the Electoral College’s vote on January 8th. It’s not a moot issue, it’s a very deliberate political game of entrapment or as in chess it can be seen as a move of checkmate. Because the Supreme Court is basically giving Obama no wiggle room to maneuver and escape from the January 9th’s conference of Berg’s Writ of Certiorari. The Supreme Court is ultimately saying to Obama, if you don’t hand over your evidence to us on January 9th, you will be forced to hand over your evidence to us on January 16th, otherwise we’ll retroactively cancel the results from the Electoral College’s votes that were counted back on January 8th!

Ok—Now I see the big picture! Part 2
written by Tom Waite, December 24, 2008

So now I see the big picture and the ultimate endgame that the Supreme Court has in mind for Barack Obama. Just like in chess, the winner is the person who sees many moves in advance; in this case the winner is the Supreme Court! They’ve set a checkmate legal trap for Obama, whereby even if there are no objections by any members of congress, the Electoral College’s votes are counted and Obama is declared the presidential winner on January 8th. The Supreme Court has deliberately chosen to wait until January 9th to discuss Berg’s Writ of Certiorari, whereby Berg’s legal standing (harm that can be done to him by Obama) becomes valid! And finally, the Supreme Court has made it perfectly clear to Obama by its deliberate action of allowing for a January 16th conference regarding Berg’s injunction to stop congress in counting the Electoral College’s votes; that unless he hands over his evidence to them on January 9th—they’ll retroactively cancel the Electoral College’s voting results from January 8th!

I’m smiling so much now because all this time Barack Obama has hired teams of lawyers to go to court and ask to dismiss all these lawsuits that have one similar theme—show proof you were born in the United States. But now because just one of these ‘nuisance’ cases (as Obama sees it) has made it to the Supreme Court, the Justices have already out manoeuvred Obama and his team of high priced attorneys. First, they’ve cornered Obama with a move of check by setting a conference date of January 9th (24 hours after congress counts the Electoral College’s votes) to discuss Berg’s Writ of Certiorari; the case can’t be dismissed—Berg will have legal standing! And finally the Supreme Court has made its devastating move of checkmate by allowing a conference on January 16th to discuss Berg’s injunction to stop congress in counting the Electoral College’s votes! There’s no more wriggle room left for Obama because essentially it’s a fait accompli by January 9th for him to hand over his evidence to the Justices otherwise, if he doesn’t comply by January 16th, the Justices’ will have it within their power to retroactively cancel the results from the January 8th Electoral College’s vote count!

So Obama tried to play a game of legal chess against the Supreme Court—well guess what? Obama—you’ve already lost! Checkmate!

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