2 BREAKING NEWS DEVELOPMENTS - BERG v. OBAMA

[Teresa Heilevang]

 
BREAKING: Two Developments
 
NUMBER ONE

If The Supreme Court Decides...?

At this point, Supreme Court Justice David Souter's Clerk informed Philip J. Berg, the lawyer who brought the case against Obama, that his petition for an injunction to stay the November 4th election was denied, but the Clerk also required the defendants to respond to the Writ of Certiorari (which requires the concurrence of four Justices) by December 1.

 At that time, Mr. Obama must present to the Court an authentic birth certificate, after which Mr. Berg will respond.  (emphasis added by lp)

If Obama fails to do that, it is sure to inspire the skepticism of the Justices, who are unaccustomed to being defied. They will have to decide what to do about a president-elect who refuses to prove his natural-born citizenship.

"I can see a unanimous Court (en banc) decertifying the election if Obama refuses to produce his birth certificate," says Raymond S. Kraft, an attorney and writer. "They cannot do otherwise without abandoning all credibility as guardians of the Constitution. Even the most liberal justices, however loathe they may to do this, still consider themselves guardians of the Constitution. The Court is very jealous of its power - even over presidents, even over presidents-elect."

Also remember that on December 13, the Electoral College meets to casts its votes. If it has been determined that Mr. Obama is an illegal alien and therefore ineligible to become President of the United States, the Electors will be duty-bound to honor the Constitution.

NUMBER TWO

Draft of WTP full-page ad to be published in
USA TODAY the week of November 10, 2008:

An Open Letter to Barack Obama:


Are you a Natural Born Citizen of the U.S.?

Are you legally qualified to hold the Office of President?


Dear Mr. Obama:

On October 24, 2008, a federal judge granted your request to dismiss a lawsuit by Citizen Philip Berg, who challenged your qualifications under the "Natural Born Citizen" clause of the U.S. Constitution to legally hold the office of President of the United States of America.

Mr. Berg presented factual evidence to the Court in support of his claim that you are either a citizen of your father's native Kenya by birth, or that you became a citizen of Indonesia, relinquishing your prior citizenship when you moved there with your mother in 1967.

In your response to the lawsuit, you neither denied Mr. Berg's claims nor submitted any evidence which would refute his assertions. Instead, you argued that the Court lacked the jurisdiction to determine the question of your legal eligibility because Mr. Berg lacked "standing."

Astonishingly, the judge agreed, simply saying, "[Mr. Berg] would have us derail the democratic process by invalidating a candidate for whom millions of people voted and underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory."

Unfortunately, your response to the legal claim was clearly evasive and strikingly out of character, suggesting you may, in fact, lack a critical Constitutional qualification necessary to assume the Office of President: i.e., that you are not a "natural born" citizen of the United States or one who has relinquished his American citizenship.

Before you can exercise any of the powers of the United States, you must prove that you have fully satisfied each and every eligibility requirement that the Constitution mandates for any individual's exercise of those powers.

Regardless of the tactics chosen in defending yourself against the Berg lawsuit, significant questions regarding your legal capacity to hold this nation's highest office have been put forth publicly, and you have failed to directly refute them with documentary evidence that is routinely available to any bona fide, natural born U.S. Citizen.

As one who has ventured into the fray of public service of his own volition, seeking to possess the vast powers of the Office of President, it is not unreasonable to demand that you produce evidence of your citizenship to answer the questions and allay the concerns of the People. Indeed, as the one seeking the office, you are under a moral, legal, and fiduciary duty to proffer such evidence to establish your qualifications as explicitly mandated by Article II of the Constitution.

Should you proceed to assume the office of the President of the United States as anything but a bona fide natural born citizen of the United States that has not relinquished that citizenship, you would be inviting a national disaster, placing our Republic at great risk from untold consequences. For example:

· Neither the Electoral College on December 15, nor the House of Representatives on January 6 would be able to elect you, except as a poseur - a usurper;

· As a usurper, you would be unable to take the required "Oath or Affirmation" of office on January 20 without committing the crime of perjury or false swearing, for being ineligible for the Office of the President you cannot faithfully execute the Office of the President of the United States;

· Your every act in the usurped Office of the President would be a criminal offense as an act under color of law that would subject the People to the deprivation of their constitutional rights, and entitling you to no obedience whatsoever from the People;

· as a usurper acting in the guise of the President you could not function as the Commander in Chief of the Army and Navy and of the militia of the several states, as such forces would be under no legal obligation to remain obedient to you;

· No one in any civilian agency in the Executive Branch would be required to obey any of your proclamations, executive orders or directives, as such orders would be legally VOID;

· Your appointment of Ambassadors and Judges to the Supreme Court would be VOID ab initio (i.e., from the beginning), no matter what subsequent actions the Senate might take as well as rendering any such acts by such appointed officials void as well;

· Congress would not be able to pass any new laws because they would not be able to acquire the signature of a bona fide President, rendering all such legislation legally VOID;

· As a usurper, Congress would be unable to remove you from the Office of the President on Impeachment, inviting certain political chaos including a potential for armed conflicts within the General Government or among the States and the People to effect the removal of such a usurper.

As an attorney and sitting U.S. Senator, I'm sure you agree that our Constitution is the cornerstone of our system of governance. It is the very foundation of our system of Law and Order – indeed, it is the supreme law of the land. I'm sure you also agree that its precise language was no accident and cannot be ignored if Individual, unalienable, natural Rights, Freedoms and Liberties are to be protected and preserved.

As our next potential President, you have a high-order obligation to the Constitution (and to those who have fought and died for our Freedom) that extends far beyond that of securing a majority of the votes of the Electoral College. No matter your promises of change and prosperity, your heartfelt intent or the widespread support you have garnered in seeking the highest Office of the Land, the integrity of the Republic and Rule of Law cannot, -- must not -- be put at risk, by allowing a constitutionally unqualified person to sit, as a usurper, in the Office of the President.

No matter the level of practical difficulty, embarrassment or disruption of the nation's business, we must -- above all -- honor and protect the Constitution and the divine, unalienable, Individual Rights it guarantees, including the Right to a President who is a natural born citizen of the United States of America that has not relinquished his American citizenship. Our nation has endured similar disruptions in the past, and will weather this crisis as well. Indeed, it is both yours and the People's mutual respect for, and commitment to, the Constitution and Rule of Law that insures the perpetuation of Liberty.

As a long time defender of my state and federal Constitutions, and in consideration of the lack of sufficient evidence needed to establish your credentials as President, I am compelled to lodge this Petition for Redress of Grievances and public challenge to you.

Make no mistake: This issue IS a Constitutional crisis. Although it will not be easy for you, your family or our Republic, you have it within your ability to halt this escalating crisis by either producing the certified documents establishing beyond question your qualifications to hold the Office of President, or by immediately withdrawing yourself from the Electoral College process.

With due respect, I hereby request that you deliver the following documents to Mr. Berg and myself at the National Press Club in Washington, DC at noon on Monday, November 17, 2008:

(a) a certified copy of your "vault" (original long version) birth certificate;
(b) certified copies of all reissued and sealed birth certificates in the names
Barack Hussein Obama, Barry Soetoro, Barry Obama, Barack Dunham
and Barry Dunham;
(c) a certified copy of your Certification of Citizenship;
(d) a certified copy of your Oath of Allegiance taken upon age of maturity;
(e) certified copies of your admission forms for Occidental College, Columbia
University and Harvard Law School; and
(f) certified copies of any court orders or legal documents changing your name
from Barry Soetoro.

In the alternative, in defense of the Constitution, and in honor of the Republic and that for which it stands, please announce before such time your withdrawal from the 2008 Presidential election process.

"In a government of laws, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."
Olmstead v. United States, 277 U.S. 438, 469-471.

Thank you for your understanding and cooperation in this matter.

Sincerely,
Robert L. Schulz,
Founder and Chairman, We The People Foundation for Constitutional Education, Inc.

http://www.wethepeoplefoundation.org/UPDATE/misc2008/Obama-USA-TODAY-ad.htm



--

The authentic human being is one of us who instinctively knows what he should not do, and, in addition, he will balk at doing it. He will refuse to do it, even if this brings down dread consequences to him and to those whom he loves. This, to me, is the ultimately heroic trait of ordinary people; they say no to the tyrant and they calmly take the consequences of this resistance. Their deeds may be small, and almost always unnoticed, unmarked by history. Their names are not remembered, nor did these authentic humans expect their names to be remembered. I see their authenticity in an odd way: not in their willingness to perform great heroic deeds but in their quiet refusals. In essence, they cannot be compelled to be what they are not.
-----

[m25operator]

Sorry darling, it took so long to read, I almost went on to something else, I do agree with this, and support who ever is willing to pursue it,. would it not be freaky if the electoral college for the first time used their power??  Most people don't know, the electoral college regardless of how their state voted, will cast the votes that elect whomever, and in this case, have the power to vote against the elected, regardless of how the state voted. I doubt they will do it, but what a message it would send.

Any electorals listening???

[fullautovalmet76]

This stuff reminds me of the Whitewater issue with the Clintons- alot of smoking guns. I believe there are too many powerful people who want this man in office. And if they have to commit fraud so be it. I don't think the SCOTUS is up to this either. They do not want to be seen as the ones who invalidated the election of the first African American (maybe) president of the United States. We shall see but I'm planning for an Obama presidency nonetheless.

[ericire12]

"Now where did I put that race card?"

-Obama

[SwoopSJ]

Oh, man!  I, unfortunately, don't believe for a second that anything will ever come of this, but it would be great.  (Don't want to get excited just to be let down again.)  Let the scumbag prepare himself to move into the White House and even resign his seat in the Senate, then pull the rug out from under him.  That would be an embarassingly fitting end to a dispicable political career.  Their would be a huge social fallout, however, as the morons that voted for BHO would riot in the streets.  Their sure stupidity should not, however, influence the outcome of this case in any fashion if their is such thing as justice.  Throw the bum out!

Swoop

[Sponsor]

[MikeBjerum]

As this request has gone on for months the questions I hear from many is "Why doesn't he just present the papers?"  "Why is he fighting something so simple and basic?"

[pops1911]

"Now where did I put that race card?"

-Obama

Overheard:
If this actually happens & BHo is removed from candidacy, we could have a white Christmas after all.

Even though in poor taste, it does have a certain appeal - not against black people, just 'this' person!

[Teresa Heilevang]

It stands to reason.. that if you have nothing to hide.. then the request isn't a big deal..........it is a simple simple simple thing to produce.

 on the other hand.......... if you do have something to hide and you are not being honest........................................
   BUSTED![/b]

[cooptire]

It stands to reason.. that if you have nothing to hide.. then the request isn't a big deal..........it is a simple simple simple thing to produce.

 on the other hand.......... if you do have something to hide and you are not being honest........................................
   BUSTED![/b]

This is something that every parent learns.....from their kids. The only time they don't want to say something or show you something, you can be pretty sure that they know they have done something wrong.

BTW, MMette, where do you get those awesome smileys/graphics?  COOL! 

[TAB]

The real question is... what happends if Obama turns out to be ineligible.   I would assume that means Bidden would take his place.

I really can't see any major political party backing some one that they could not prove they were eligible to hold that office.