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Berg v. Obama - will Barack Obama produce the documents before Nov. 4th, 2008?

Settled as No

Case has been dismissed. Judge stated there was no legal standing.

Background:

In the matter of PHILIP J. BERG v. Barak Obama and the DNC -

http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/13/0.html

Will Barack Obama produce the required documents for the plaintif, as ordered, before November 4th, 2008? Specifically:
1. Obama’s “vault” version (certified copy of his “original” long version) Birth Certificate; and
2. A certified copy of Obama’s Certification of Citizenship;
3. A Certified copy of Obama’s Oath of Allegiance.

This market will settle as YES if Mr. Obama produces the documents before Nov. 4th 2008.

This market will settle as NO if Mr. Obama succeeds in getting the court to grant his request for a “protective order” and “stay”, successfully delaying production until after the election; or if for any other reason these documents are not produced before election day.

The only purpose of this question is to determine if Mr. Obama will produce the documents before November 4th, not to judge his qualifications to hold the office of President.

This question suspends at midnight eastern time USA November 3rd, 2008.


Settlement details: As reported by a major mainstream news source.

 
Forecast history, %
   Zoom in

Settled

Yes
18%
No
82%
Activity: H$10,048
Settled as No on Mon 27th Oct 3:34pm PDT

Suspend date: Mon 3rd Nov 7:59pm PST Settlement date: Mon 27th Oct 3:34pm PDT

Initial likelihoods: Yes: 25%

Action history:

Created Thu 9th Oct 5:25pm PDT by constable1664
Suspended Mon 27th Oct 2:40pm PDT by jenniandboys[Admin]: Suspended pending settlement
Settlement requested Mon 27th Oct 2:40pm PDT by jenniandboys[Admin]: Case has been dismissed
http://wire.factcheck.org/2008/10/27/berg-gets-sunk/ (market suspended)
Settled as 'No' Mon 27th Oct 3:34pm PDT by destry[Admin]: Case has been dismissed. Judge stated there was no legal standing.

Suspend date: Mon 3rd Nov 7:59pm PST Settlement date: Mon 27th Oct 3:34pm PDT
more info...

 

Predictions (17)

17 predictions

6 weeks ago
bigken1 predicted No (H$1,000 at 82%)
7 weeks ago
bigken1 predicted No (H$100 at 81%)
7 weeks ago
mork[Power User] predicted No (H$20 at 82%)
7 weeks ago
qkelly3 predicted No (H$50 at 82%)
7 weeks ago
rbergjr predicted No (H$100 at 82%)
more

Comments (66)

  1 dieseldog
i don't know what obama has or doesn't have, but why does it take a court battle to get these simple documents? if sumthin is wrong i blame the folks who are pose to see if one is qualifiyed to be prez. he had to show them some documents when he filed. i tried to go to his website to see if he admitted to having duel citizenship till he was 18. it said...your a right winger access denied. :O)
posted 7 weeks ago
I know! I get the same message whenever i try to go to the CNN news website. Anyway so say that Obama wins the election then loses this case. Is his entire campaign revoked after not having the right to run at all, have Biden take over and Obama out, or have nothing happen because this is to minor to influence the president?
posted 7 weeks ago
  3 dieseldog
just guessing...if it turns out he's not eligible to be prez the dems will have to replace him. how they would do that is beyond my vast knowledge. :O) i would think the FEC has people smart enough not to get fooled. heck next thing ya know mork will be running for prez of the USA.
posted 7 weeks ago
Or bush might go for his third term! Id vote for him again! Whos with me!
posted 7 weeks ago
If you want to follow all the filings in this case please go to:

http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/
posted 7 weeks ago
  6 dieseldog
constable - thanks for the link. anybody wanna bet on who "jane doe" is? i say hillary. :O)
posted 7 weeks ago
@dd - fascinating theory on who "jane doe" might be!!!

Before this story hit the MSM, I enjoyed reading about this in the Hillary supporters forums. Their theory was that the Clinton's didn't want to appear to be the 'bad guys' by breaking this and were waiting for others to break the story. The Hillary supporters believe the RNC possesses a copy of his Indonesian birth certificate and intend to release it as an 'October Surprise'. They read alot in Bill Clinton's comment that BHO would be a great president if he's eligible.

I suspect that the Indonesian birth certificate doesn't exist and that BHO is eligible and that his refusal to release his birth certificate is due to one of two possibilities:
1 - If he was born out of wed lock, he might be trying to protect his mom
or
2 - His birth certificate might reveal that his birth name was not BHO
posted 7 weeks ago
  8 dieseldog
i been banging my head trying to figure out why he won't release his "vault" birth certificate and the other documents. it's not like it's a special request that other canidates don't show. makes one wonder why. imho he's extremely arrogant. maybe he's just sticking it to his opponets cause he can. guess time will tell.
posted 7 weeks ago
@dd - I wish I knew who "Jane Doe" was too!

Someone is spending beaucoup money to hide something! Why stall? It's more than just a political spat.
posted 7 weeks ago
  10 dieseldog
if i read correctly the judge says obama has to produce the documents by oct 15th. the ruling is 22 pages (pdf) didn't wanna post it all. obama is also ordered to answer a bunch of questions, and produce other documents. ruling #18 october 9. if this is a legit website looks like obama finally has to answer some questions straight up.

Defendants are hereby ORDERED to Answer Plaintiff’s

Discovery Requests by way of Admissions and Request for

Production of Documents by October 15, 2008.

ORDERED to turn over the following documents by October 15, 2008:

1. A certified copy of Obama’s “vault” (original long version) birth

certificate;



http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/18/0.pdf
posted 7 weeks ago
"looks like obama finally has to answer some questions"
Say he refuses. Does that mean he loses the case and has to drop out of the election? Because if hes been stalling this long as opposed to just showing it at the first day of court that means one of three things
1: He doesnt have it and is trying to get a new one
2: He doesnt have it and is not a citizen
3: Something incriminating is on it and he is trying to shorten the time that it will affect his campaign. The less time imbetween the election and the revealing the less time it has to spread and lose him votes.
posted 7 weeks ago
  12 dieseldog
dragon - i'm no lawyer (i did stay in a holiday inn last night) unless he appeals to a higher court he has to do what the judge ordered. if he refuses thats contempt of court. the judge can do anything from fining him to putting him in jail. won't help him in a race for prez if he gets throwin in jail.
posted 7 weeks ago
Actually if he gets thrown in jail he cant run for president. Anyone with a criminal history cannot run for president. They have to be found guilty though so thats why keating 5, the weatherman thing, and some other questionable events don't stand in the way. Considering that Obama got to choose the judge hes probably going to have chosen a liberal who wants him to run for president so he wont do anything to stop him.
posted 7 weeks ago
In the case of:
CIVIL ACTION NO. 08-cv-04083-RBS

PHILIP J. BERG, ESQUIRE, Plaintiff :

vs.

BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a :
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :
Defendants

The court has order an answer by October 15 - now what?? I'm just a rural mountie - any lawyers here?
posted 6 weeks ago
  15 dieseldog
comment #12 was my "GUESS". i would think there's a laywer in HD somewhere. as picky as we get on the wording/settling of questions you would think we're all laywers. :O) we can hurry up and wait to see what happens on oct 15th is all i know. one thing i know for sure..if this turns out bad for obama, the MSM will be put to shame.
posted 6 weeks ago
Oct 15
OH NO! Another motion:
U.S. CITIZEN JUDSON WITHAM'S APPLICATION AND NOTICE OF MOTION TO INTERVENE AS A MATTER OF RIGHT FRCP 24

http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/19/
posted 6 weeks ago
Uh oh. This could spell the end to Obamas canidacy. Clinton 08 is coming back!
posted 6 weeks ago
  19 dieseldog
wonder if obama had to turn the documents over to the court on the 15th?
posted 6 weeks ago
Nope. There probably just going to change the rules for him.
posted 6 weeks ago
Oct 20
Oh no, another motion!
MOTION to Dismiss First Amended Complaint filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Memorandum of Law, Certificate of Service.(LAVELLE, JOHN)
posted 6 weeks ago
I'm getting motion sickness! Four (4) more motions have been filed at:
http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/
posted 5 weeks ago
Yeah this is interesting:

Oct 21

DEFENDANT FEDERAL ELECTION COMMISSION’S MOTION TO DISMISS
       FOR LACK OF SUBJECT MATTER JURISDICTION PURSUANT TO
                  FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1)

        Defendant Federal Election Commission (“FEC” or “Commission”) moves to
dismiss the Complaint in this matter pursuant to Federal Rule of Civil Procedure 12(b)(1)
for lack of subject matter jurisdiction. Plaintiff’s Complaint does not present an Article
III case or controversy because plaintiff lacks standing to raise the issue of a candidate’s
constitutional eligibility. Moreover, even if Berg had standing to raise the constitutional
eligibility issue, the Commission should be dismissed as a party to this case because it
has no oversight over the Constitution’s Presidential Qualifications Clause.
<hr>
So the FEC is looking for ways not to be interested in this either!
posted 5 weeks ago
  24 dieseldog
the FEC is covering their butt. IF obama is found not eligible the FEC will look really bad.
posted 5 weeks ago
There just ignoring the suit and pretty much changing the rules so that Obama can slip through. I think he probably did provide A birth certificate, because he is still running however the question is now is whether or not it is forged.
posted 5 weeks ago
Barack Obama claims “particularly serious embarrassment will result from turning over the requested documentation” in the Berg case and has filed a request for dismissal and a protective order.

http://texasdarlin.wordpress.com/2008/10/21/bombshell/
posted 5 weeks ago
It APPEARS that another case has benn filed:
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
CIVIL NUMBER: 08-1-2147-10 BIA
EMERGENCY MOTION
FOR ORDER TO SHOW CAUSE
ANDY MARTIN,
Plaintiff,

vs.

LINDA LINGLE, in her
Official capacity as Governor
Of the State of Hawaii,
DR. CHIYOME FUKINO, in her
official capacity as Director
of the Department of Health,
Defendants.

This one APPEARS to ask for the emergency release of the birth certificate by the Hawaii DOH.
posted 5 weeks ago
I'm going skiing in Colorado until election day - God bless you all! See ya at the polls!
posted 5 weeks ago
This is interesting. Lawsuits in 8 different states now:

http://www.redcounty.com/erie/2008/10/more-lawsuits-cropping-up-agai/

Seattle WA. 10/22/2008 — Lawsuits in eight states as of this writing– Hawaii, Washington, California, Florida, Georgia. Pennsylvania, New York and Connecticut, are seeking judicial authority to force the certifying or decertifying of Senator Barack Obama’s qualification to run as a candidate for President as a natural born U.S. Citizen. Previously, two lawsuits have failed to force the certifying documents from Obama.
posted 5 weeks ago
  30 deelilley
This is some serious grasping at straws.
That's another thing I like about Canada; frivolous lawsuits aren't as easy to procure.

"Smears claiming Barack Obama doesn’t have a birth certificate aren’t actually about that piece of paper - they’re about manipulating people into thinking Barack is not an American citizen."
http://www.fightthesmears.com/articles/5/birthcertificate

"Recently FactCheck representatives got a chance to spend some time with the birth certificate, and we can attest to the fact that it is real and three-dimensional and resides at the Obama headquarters in Chicago. We can assure readers that the certificate does bear a raised seal, and that it's stamped on the back by Hawaii state registrar Alvin T. Onaka (who uses a signature stamp rather than signing individual birth certificates). We even brought home a few photographs."
http://www.factcheck.org/elections-2008/born_in_the_usa.html
posted 5 weeks ago
  31 dieseldog
i'm starting to think something is fishy. in the link constabl gave to follow the suit in PA, none of the filings that i read are signed by the judge, or dated. i guess it could be the judge hasn't ruled on them yet. now notabl has a link with 8 states filing suit, and the link below says berg (the guy in the PA suit) has won and obama isn't eligible. i would think if that was true the MSM would be all over it. i'll be first inline to say the MSM is biased, but no way they wouldn't report that. i'm no fan of obama but this is just way to far out there to be credible. they claim the judge in PA is stalling till the election is over. maybe as stated above (comment 26) there's something embarrassing in the documents. something to bar obama from being eligible...i doubt it. if so the USA just went through an election for nothing, not to mention the trouble it's gonna cause. it will make the riots after the rodney king deal look like a birthday party.

http://www.pyrabang.com/contenteditor.php?pd=3796&ps=4483&org=3796&target=http://www.americanfreepress.net/html/obama_citizenship_lawsuit_154.html
posted 5 weeks ago
If that is a valid birth certificate, then why doesn't he produce it in court and settle this question, instead of paying laywers to drag this out by filing motion after motion, questioning technicalities?

Also, this race is in a statistical dead heat. "Roughly equal percentages of Barack Obama supporters and John McCain supporters have taken advantage of the early voting" http://www.gallup.com/poll/111430/Early-Voting-Now-11-Could-Reach-30.aspx "After two days of slippage that had pulled his lead down to 1.1 points, Obama reversed to a 3.5-point advantage headed into the weekend." http://www.ibdeditorials.com/Polls.aspx?id=309726105567795

This is all he gets after Barack spends $105,599,963.76 in the first two weeks of this month. That’s more than $293,000 an hour. http://firstread.msnbc.msn.com/archive/2008/10/24/1591260.aspx
That is about 1/2 of what John McCain spent in his entire campaign. It sure is expensive to make a canidate competitive that is so far out of the mainstream!
posted 5 weeks ago
  33 dieseldog
deelilley - what your missing is theres a difference between a "certificate of birth" and a "birth certificate." thats what the guy in PA is suing for. he wants the (vault) birth certificate...not the COB. fact check saw his COB not his birth certificate. you left this out from your link.

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

if that's the case he was a duled registered citizen till 1982.
posted 5 weeks ago
  35 deelilley
@ mork Great link...spittin' image, eh?

@ dieseldog As you said before; if there were anything to this the MSM would be all over it.
...not just the Wingnut blogs.

@ notablenotices First an Elitist, then a Terrorist, now an Alien...I shudder to think what might be next. Seen this yet? http://tinyurl.com/69zcp7
posted 5 weeks ago
I happen to have two birth certificates, and I would not mind a judge seeing either of them or both.

The American people are starting to wonder what makes Barack not want to produce this. http://mx.youtube.com/watch?v=S_i8NHifI1g
posted 5 weeks ago
I love how the MSM kept trying to blaming conservatives for spreading this story when it started in the Hillary support forums and the lawsuit was filed by a democrat.

Thanks for the video notable... it's great that it's finally being reported accurately.
posted 5 weeks ago
More factcheck reading: http://wire.factcheck.org/2008/10/27/berg-gets-sunk/
posted 5 weeks ago
Yeah, factcheck is owned by Annenberg - remember Barack Obama's Annenberg Challenge? Yeah, those people. We don't need to get to creative to figure out if they have a bias!

The facts are there are more than 10 lawsuites in different states, in different stages. Just because this one failed does not mean the others will be. Also, Mr Berg says he will appeal the result for this one. It is not over, and the fact remains that Mr Obama could simply produce his birth certificate and resolve this, should he chose to do it.
posted 5 weeks ago
This settled in my favor, thanks for the H$... but according to my calendar today is October 27th... Barry Soetoro still has about 8 days left during which he could decide (or be forced) to release his Birth Certificate.
posted 5 weeks ago
  41 deelilley
@ notablenotices
If you read it you'd have noticed that they ruled in favour of McBush in the same kind of case, so wot does it matter who owns the site?
"Many readers have asked why Obama didn’t show up in court with his birth certificate, if he is really a citizen. Obama and the DNC had instead filed a motion to dismiss the lawsuit, which, when it works, is usually the most efficient and least expensive way to dispose of a case.

McCain didn’t present his documentation in the Hollander case, either."
posted 5 weeks ago
@deelilley:

LOL - The Senate has unanimously declared John McCain a natural-born citizen, eligible to be president of the United States! I bet Barack Obama wishes they would do that for him!
posted 5 weeks ago
they didn't need to confirm baracks eligibility...just mccain's
posted 5 weeks ago
Also i dont see how filing a motion, paying a bunch of lawyers, waiting for months at a time, and worrying about whether or not it will pass is cheaper, more effecient, or better in any way! I admit that they may take a little while to confirm the ligitimacy of the certificate, but it has to be cheaper and faster than filing 10 claims and filing more as more people start to sue.
posted 5 weeks ago
  45 deelilley
@ tocm :)

@ dragon, again, filing a motion to dismiss is *usually* the best & cheapest way to deal with frivolous lawsuits. I wonder how this one ever got thru? http://abcnews.go.com/TheLaw/story?id=3119381
posted 4 weeks ago
@deelilley:

The even cheaper, better, way in this instance would be to produce the document. That would settle the question without the extra hassle.
posted 4 weeks ago
@deelilley - frivolous?! Did you think that journalists digging for dirt on Palin was frivolous? If journalists had taken the time months ago to dig for dirt on Obama too, perhaps the Democrats wouldn't be stuck with an unvetted and unknown candidate and his allegiances to dangerous radicals.
posted 4 weeks ago
To f_o_f's point.... Who was vetted more vigorously by the MSM? Joe the plumber or Obama the candidate?
posted 4 weeks ago
  49 deelilley
The judge called it frivolous, too.

"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." http://tinyurl.com/6gl3kb

This is legal stuff, not media fantasy..
posted 4 weeks ago
  50 dieseldog
deelilley - so i'm going out on a limb and saying you agree with the judge..correct? so if it turns out obama isn't eligible to be prez nobody will suffer any harm..correct?
posted 4 weeks ago
@dieseldog:

deelilley is from Canada
posted 4 weeks ago
  52 dieseldog
nn - i know dee is from canada, was just curious if he agreed with the judge.
posted 4 weeks ago
ah, ok. I was just trying to point out that deelilly probably wouldn't care if the American people suffered harm, being over the border to the north :-)
posted 4 weeks ago
  54 deelilley
@ noticeables Some of the of the MSM has been terrific:
http://www.youtube.com/watch?v=nokTjEdaUGg
http://tinyurl.com/6z92ce
posted 4 weeks ago
  55 dieseldog
wonder why the MSM DON'T REPORT ANYTHING GOOD ABOUT PALIN.

this was doing the dem primary. i'm guessing obama and mccain get daily briefings now.

Question: What U.S. governor is routinely briefed on highly classified military issues, homeland security, and counter terrorism?
Answer: Governor Sarah Palin, Alaska

Question: What U.S. governor has a higher classified security rating than either candidate of the Democrat Party?
Answer: Governor Sarah Palin, Alaska

According to the Washington Post, Governor Palin first met with McCain in February, but nobody ever found out. This is a woman used to keeping secrets. She can be entrusted with our national security, because she already is.

read comment 102

http://www.hubdub.com/e/Topic/What_do_you_really_think_of_Sarah_Palin_85
posted 4 weeks ago
@deelilley: I think you are confused again. There was nothing there about MSM covering the documents that Berg wants to see from Barack Obama. I hope that Berg continues to ask questions even after Barack loses on Tuesday. Barack wants to be President, and is willing to hide facts from the American people in order to get his way.
posted 4 weeks ago
Barack's Aunt has some documentation problems all of her own!

Obama aunt from Kenya living in US illegally http://www.breitbart.com/article.php?id=D945TEE01&show_article=1

That does not stop her from illegally contributing to a presidential campaign though:

Zeituni Onyango - Donation of $260 to Presidential elections 2008
http://fundrace.huffingtonpost.com/neighbors.php?type=name&lname=Onyango&fname=Zeituni&search=Search
posted 4 weeks ago
Obama says he didn't know aunt's illegal status
http://www.washingtontimes.com/news/2008/nov/01/obama-says-he-didnt-know-aunts-illegal-status/
posted 4 weeks ago
  59 mork[Power User]
You complain about democrats digging up dirt on Palin who is running for VP and then bring up Obama's aunt and $260.?
Sometimes I wonder if you're on Republican payroll notable.
posted 4 weeks ago
@mork:

Look again: I did not complain about that. I said that they did that and couldn't find anything of substance.
posted 4 weeks ago
  62 deelilley
The Baskin Robbins Election: 51 different flavours on How to Turn the Tide for Walnuts!
A new one every week...
posted 4 weeks ago
24 potential Electoral College electors are filing action Monday morning in court also demanding proof
http://peoplespassions.org/Press_Release_08_10_31.htm
posted 4 weeks ago
http://wire.factcheck.org/2008/11/01/its-official-obama-born-in-the-usa/

It’s Official: Obama “Born in the U.S.A.”

Of all the nutty rumors, baseless conspiracy theories and sheer disinformation that we’ve dealt with at FactCheck.org during campaign 2008, perhaps the goofiest is the claim that Barack Obama is not a “natural-born citizen” and therefore not eligible to be president under the constitution.

The director of Hawaii’s Department of Health confirmed Oct. 31 that Obama was born in Honolulu. . . . The Associated Press quoted Chiyome Fukino as saying that both she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.

Honolulu Advertiser, Nov. 1 2008: “This has gotten ridiculous,” state health director Dr. Chiyome Fukino said yesterday. “There are plenty of other, important things to focus on, like the economy, taxes, energy.” . . . Will this be enough to quiet the doubters? “I hope so,” Fukino said. “We need to get some work done.”
posted 4 weeks ago
  65 coolkraft
@jenniandboys...thank you..these rumors are pathetic
posted 4 weeks ago
I think that obama and factcheck.org are being very strange. They attempt to humiliate burg for trying to find out something that he has every right to know. He has every right in the world to know if Obama is a citizen. He brought to light a very serious question. The obama campaign is trying so hard to discredit burg as opposed to simply bringing his papers to court. Why is the question i want to know. Why did he file legal defensive action after legal defensive action as opposed to giving the american people information we have every right to. Even if he was basing his suit on "frivlous rumors" he still has the right to know if his canidate is a natural born citizen. I think that the court should grant him this information just based on that.
posted 3 weeks ago

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