Berg supreme court obama birth certificate

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Instead of producing the original birth certificate in court and paying a number of legal fees and taking several days out of the candidate's busy campaigning schedule the Obama campaign had the case dropped on the grounds that it lacked any supporting evidence. Berg's two arguments were mutually contradictory may also have contributed. The state of Hawaii announced that the "Certification of Live Birth" document is legitimate and official. Since the state of Hawaii is the issuing body, they have ultimate authority with regards to the matter. Adding fuel to the fire is Obama's persistent refusal to release documents that could provide answers.

While his supporters cite an online version of a "Certification of Live Birth" from Hawaii. Nancy Salvato with BasicsProject. He has a team of lawyers who are opposing the examination of his sealed records in Hawaii. What he produced was a certificate of live birth The rest of us are appalled at the lack of media examination surrounding the fact that there is no law requiring that a candidate for the highest office in our land produce an authentic birth certificate which proves natural citizenship.

It is a funny matter to comply with the Constitution, so the administration thinks. They insist on dodging the truth by joking about Obama's birth records. On March 5, , a federal judge appointed by Bill Clinton threw out a lawsuit questioning President Barack Obama's citizenship, lambasting the case as a waste of the court's time.

Obama's attorney, Bob Bauer, successfully argued against further looking it to the matter with a dismissal. District Judge James Robertson said "This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Backers of the idea that Mr. 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. 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. McCain was born on a military installation in the Panama Canal Zone, where his father, a Navy officer, was stationed. 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.

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Click here for reprint permission. Click to Read More and View Comments. Click to Hide. Giambi , No. The claim that the DNC is not a state actor or acting under color of state law in conducting a presidential campaign is slightly more ambiguous, but the more recent cases appear to conclude that the DNC is not a state actor.

See Larouche v. Fowler , F. But cf. Lynch v. Torquato , F. The facts that Plaintiff alleges in support of his 42 U.

Questions About Barack Obama's status as a "natural born citizen"

He believes that the Defendants are promoting and assisting Obama's candidacy knowing that Obama is ineligible to take office. Plaintiff makes additional claims about Obama and his campaign "abus[ing] their position and the law for intimidation purposes to stop people from free speech when the speech includes criticism or questioning of Obama. The Amended Complaint makes no attempt to allege facts in support of these claims, which standing on their own are nothing more than conclusory allegations.

See Escamilla v.

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Santa Ana , F. Hitchens , F. Section 1 deals with interference with officers of the United States, and Plaintiff has not alleged that he is an officer of the United States. See Silo v. Section 2 "creates a claim for conspiracy to intimidate witnesses, jurors, or parties in a federal case. Plaintiff has made no allegations that would support such a claim. Barnes Found. Breckenridge , U. Instead, the Amended Complaint is focused entirely on an alleged conspiracy to conceal Obama's true nationality. We note that the Amended Complaint alleges that Obama's supporters have made racially charged remarks see Doc.


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City of Jersey City , No. May 12, citing Clark v. Clabaugh , 20 F. Senate Commission on Rules and Administration" are aware of "Obama's illegal activities, encouraging racial tension, encouraging violence, his fraudulent campaigning, fraudulently attempting to secure the position of President of the United States. Plaintiff argues that this entitles him to the information regarding Obama that he seeks in the Amended Complaint. The Amended Complaint does not allege any facts regarding Plaintiff's attempts to obtain the information he seeks by means of the Campaign Act.

However, Plaintiff's Opposition informs us that he "complained" to the FEC prior to instigating his current suit and that the FEC has "completely ignored" him. Although Plaintiff alleged these facts in his Opposition and not in the Amended Complaint, in the interest of rendering a decision that addresses Plaintiff's arguments, we will construe the allegations in a light most favorable to Plaintiff and treat the Amended Complaint as if it had alleged that the FEC failed to act on an administrative complaint. The Campaign Act confers standing on "[a]ny person who believes a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of has occurred" to file an administrative complaint with the FEC.

When the FEC fails to act on an administrative complaint, as Plaintiff seems to argue here, a party may file a suit in district court. There are, however, two fatal flaws with Plaintiff's theory: one procedural and one substantive.

If we have extended Plaintiff too favorable an inference and he in fact did not file an administrative complaint, then he lacks standing to pursue the theory outlined in his Amended Complaint because section d e of the Campaign Act provides that "the power of the [FEC] to initiate civil actions. See also Stockman , F.

First, if the FEC failed to act on a complaint filed by Plaintiff, this is the wrong court to hear the action. Gonzales , F.

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Second, neither the Amended Complaint nor the Opposition identifies a specific provision of the Campaign Act that entitles Plaintiff to information concerning Obama's citizenship. Instead, Plaintiff relies on generalized arguments about political corruption and the purpose of the Campaign Act.

Congress intended the Campaign Act to combat the corrupting influence of money on the political process. See Karl Rove Co. Thornburgh , 39 F. It seems clear that the Campaign Act does not address the sort of corruption that Plaintiff alleges in his Complaint.

Reliance on Akins , however, merely accentuates the problems with Plaintiff's argument. On certiorari, the Supreme Court addressed whether the plaintiffs respondents had "standing to challenge the [FEC's] decision not to bring an enforcement action in this case. Plaintiff reasons that he has standing because his request for information is analogous to the plaintiffs in Akins. Plaintiff's argument has superficial appeal, but does not take into account the underlying consideration in Akins that was necessary to the Supreme Court's determination.

There, plaintiffs sought disclosures that were required by the Campaign Act.