Consider the FAX: Is Obama a US Citizen?

How can a President of the United States pledge to uphold the U.S. Constitution if he is in violation of it?  If Barack Obama is elected President of the USA, this question may need to be addressed before his Inauguration. 


So why are major media outlets not talking about this?  As of 11:00 p.m. MST on October 26, 2008 a thorough search of websites for CNN, CBS, NBC, ABC & yes, even FOX news turned up nothing on the topic of a lawsuit filed in US District Court for the Eastern District of PA regarding Obama’s citizenship.


 A motion filed by Attorney Phillip J. Berg, a lifelong member of the Democrat Party, alleges that Barack Obama is not a “natural born citizen of the United States of America” and is therefore in violation of Article II, Section 1, Clause 4 of the US Constitution which requires a candidate running for President of the United States be a “natural born Citizen” of the United States.  It is worth noting that Phillip J. Berg is the former Deputy Attorney General of Pennsylvania, former Chairman of the DNC in Montgomery County, PA.  He also ran for Governor and Senator of the State of PA as a Democrat. 


The motion for a Temporary Restraining Order prohibiting Obama from running for President of the United States was filed by Attorney Berg on August 21, 2008.  Berg is claiming that he has evidence to prove Obama is not a natural born citizen of the USA and therefore his nomination by the DNC and subsequent presidency, should he be elected is/would be null and void, requiring a second election in 2009.


Rather than produce a legitimate copy of Obama’s birth certificate, his attorneys chose instead to try to get Berg’s legal action thrown out on a technicality.  Obama’s attorneys & DNC lawyers filed a motion to dismiss on the basis of standing, citing lack of subject matter jurisdiction.  For those of us who are not legal beagles, “standing” simply means if you file for a TRO against someone you have to be able to prove that you stand to be harmed should that individual/ party be allowed to continue with their current actions. An individual fails to present an “injury in fact” when the harm is “abstract and widely shared” so Berg had to be able to prove that he stands to suffer PERSONAL harm if this restraining order is not granted.


On October 24, 2008 Judge R. Barclay Surrick faxed to Attorney Berg a ruling said to be issued by Surrick.  The order signed by Surrick states “Does the Natural Born Citizen Clause create a federal right the violation of which results in a cognizable claim?  We think not.”  Hence, the motion to dismiss the request for a Temporary Restraining Order was granted to Obama’s & DNC lawyers on the grounds that Berg did not stand to suffer harm.


Berg immediately issued a press release stating his intention to appeal to the US Supreme Court.


Berg’s response, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court. This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?”


Obviously, this case is not over but here’s where it gets interesting…the fax header of the order to dismiss Berg’s motion came from a fax machine other than Judge Surrick’s.  It appears the document was first faxed to Judge Surrick who signed it and subsequently the signed copy was faxed to Berg.  A simple review of the order faxed to Berg shows several pages where there are 2 fax headers {p. 6, p. 19, p.27, p.33 & others}.  A close look would also reveal that the page numbers do not match up…for instance, what shows up at the top of one page as “p.34/36” has “32” AND “page 34” at the bottom of the page.


{click here to view the faxed copy of this order to dismiss  Obama, Judge Surrick Ruling 10 24 2008.pdf }


Furthermore, the order supposedly issued by Judge Surrick does not contain the required file/date stamp from the US District Court anywhere in the document.  It appears that the order did not originate with Judge Surrick but was merely faxed to him for his signature. 


Where did the original document come from?  Who owns the fax machine where the 36 page order originated?  Who wrote the order to dismiss, expecting Surrick to obediently sign it? 


Many questions remain unanswered in this case, not the least of which is why didn’t the Obama camp simply put an end to this and produce the legal vaulted birth certificate {not to be confused with the bogus Certification of Live Birth posted on Obama’s web site!} and other evidence requested by Attorney Berg in the discovery process?  The longer this drags on, the messier it seems to become.


To learn more about what precipitated the legal action to prohibit the DNC from nominating Barack Obama for President, listen to Phillip J. Berg, Esq. discuss his case.


13 responses to “Consider the FAX: Is Obama a US Citizen?

  1. Nevertheless i prefer Hillary because she has more experience. Current Account

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  4. The Constitution makes clear that President is decided in an election every four years, and it makes clear that there are two legal requirements for a US President: that he be native born (born in the USA) and that he be over the age of 35.

    However, it does not say who decides whether a person is native born or over the age of 35.

    That being the case, you can assume that the Federal courts, and ultimately the Supreme Court, would ultimately decide. But it might not. The Supreme Court has repeatedly said that it only wants to get into such things if it has to. Most likely it will decide that ordinary citizens have no standing to sue, meaning that McCain must sue, and he will not.

    And, in the extremely unlikely event the Supreme Court decides to take the case it almost certainly will be after the election, and if it found in your favor (which is extremely unlikely since there is no evidence), then at the most it would make Joe Biden president.

    But there is another judge, a better judge: We the voters.

    If Obama were proven to have been born outside the USA, then I assume that we would honor the Constitution and not vote for him.

    Some, of course, would continue to vote for Biden, meaning for the Democratic ticket, on the assumption that the Supreme Court might get involved and the resolution would be to give the election to Biden.

    But some of us would change our vote to McCain, or vote for Nader or Bob Barr (the Libertarian Party candidate), or not vote at all.

    If this is what you desire, then you should bring your case before the American People, we the voters.

    There is little time left. Today (Monday 27) there are eight days before the election, meaning that there are only seven days to present your evidence, since most of us have made up our minds by at least the night before the election. Of course, with early voting, some of us have made up our minds already. So time is pressing as far as you are concerned.

    But do not imagine that we are fools. In other words, to make your case that Obama is not a native born citizen YOU have to make a case. You have to present your evidence.

    It is not enough to say “why doesn’t he show his birth certificate?” He is busy, and people do lose their birth certificates. I have seen a photo on the Web of his certificate of live birth from the State of Hawaii, and, you know, no one in the government of the State of Hawaii has come forward to claim that that document has been forged.

    In order to prove that he was born in Kenya, you really have to show some evidence that he was BORN in Kenya. An audio tape recording from someone who is said to be his paternal grandmother saying that she remembers that he was born in Kenya really doesn’t cut it. Why not? Because we do not know whether the voice on the tape is the real grandmother, it could be any Kenyan old lady. Or, even if it is the grandmother, she could be remembering wrong. It happens. So you will need both to substantiate that the tape is of the grandmother AND show something else.

    You might produce records from the Kenyan immigration department showing that it checked in Obama’s mother into Kenya sometime before the birth. Or you could show a notice in a Kenyan newspaper. Or you could show a Kenyan birth certificate, or the record of a hospital. But without that, who will believe you???

    Back four years ago, when John Kerry was running for president, a number of blogs made the claim that he really had not won the Silver Star. There was no proof, they said, even though the Navy substantiated the fact that he had won the Silver Star. “Why doesn’t he come forward and show the papers that confirm that he won the Silver Star” was asked at the time, and when that was not enough, it was alleged that he really did not win the Silver Star for bravery, but instead because he had pull among the brass in the Navy.

    All of that rode on the question: “Why doesn’t he?”

    The answer is that claims of this kind can be made forever. Sensible people understand the principle of the burden of proof. The burden of proof is on the people trying to disprove that he is a native-born US citizen.

  5. Nice that any idiot can claim that YOU have to make the case for Obama not being a citizen. This joker probably hasn’t even read the Constitution. If he had, he’d know there are 3 requirements to being President of the US, not 2. Look it up Einstein. You want us to believe this Obama phoney is too busy to dig up his birth certificate but he’s not too busy to meet with a team of lawyers to conjure up a cover up and get this Judge to sign off on a dismissal? Now who’s the one imagining that we are fools?

  6. If Obama is too busy to present a birth certificate, he’s too busy to be my President. It’s a matter of presenting appropriate job credentials. I wouldn’t hire a physician for my hospital who couldn’t prove he/she went to medical school. Obama is applying for a job. Either he’s qualified or he isn’t but it’s HIS responsibility to prove if he is. If he wants the job badly enough-and he is truly qualified- he wouldn’t be playing these games! Have you noticed that everything McCain has been asked to provide is made available to the public immediately? Obama is a trickster and a deceiver.

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  8. You go girl ! If this man is not an American citizen, the country needs to know it before he becomes President.

  9. This country is so far up Obama’s butt, that no matter what he says or produces, they are going to support him. Take the lie that he is black. Obama is not black. He is a half breed, a melado. He says he’s black because he can’t really claim caucasian. As an African-American, I am tired of people calling him African-American. Unlike myself, he has no historic roots to slavery or any African that has ever been an American citizen. I not only question his citizenship as far as his birth, but also that his father was not a citizen. If he is allowed, then what stops Chavez or Ahmadinejad from fathering a child with an American women and running him into the Presidency?

  10. Thomas Jefferson

    Judge Surrick,
    I have always worried about the judicial accountability issue. You have grown into a classic example of this problem.
    Your inability to recognize the harm to the people by imposing so obvious a corruption upon the most fundamental requirement of the highest office in the land is treasonous in any other government service position.
    It grieves me to inform you that you are in blatant contempt of the constitution.
    Kindly turn in your robe.


  11. Hey, does anybody have a valid Fax number to which I may send a letter to the SCOTUS? Been searching and coming up empty.

  12. lol a fax to SCOTUS! sry, no one would read it anyways. You’d have to send something certified mail with return receipt.

  13. Well, I did finally find reference to a fax line to the SCOTUS clerk’s office [ 202-479-2971 ] and shared my sentiments. Although one never knows if the intended eyes ever reads what one sends, ya never know. By the way, I learned the hard way a few years ago that mailing something certified is no assurance it gets through either. A lady at the USPS told me that there is no requirement that the recipient ACCEPT the document! The carrier attempts several deliveries [and I was able to see online the date/time “stamps” related to each attempt] then the envelope gets returned to the sender [and it did]. So now –hopefully — ahrcanum has learned something.

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