When Wingnuts feed – Berg/COLB update

Martin attacks Berg, logic fails, political gadfly Alan Keyes joins the lawsuit choir, and the Hawaiian Court System hands Martin his butt. What we’re seeing is desperation, as the people that belived that either McCain would win or God would keep Obama out of the White House are both in full panic mode.

And I want to address those who say “just show the birth certificate already”. The problem with this is two-fold:

1) Most of the people demanding the birth certificate won’t believe ANY copy is legit. Ever.

2) If by some miracle they did accept it and admit he was born in Hawaii, then they would just go to “well, he lost his citizenship in Indonesia / he’s a dual-citizen of Kenya/UK/somewhere and the US, so he can’t be president”.

The problem with this request is everytime it’s been done, people always come up with Yet Another Excuse to reject it.

“I want proof you were born in the United States!”

“Okay, here’s a copy of my Certificate of Live Birth (which is accepted by the US state department to establish citizenship).”

“I don’t believe that’s valid. Prove your citizenship”

“Okay, here’s the results of a group examining the physical document”

“I don’t believe they’re honest. Prove your citizenship”

“Okay, here’s the state that I was born in confirming they hold a valid birth certificate in my name.”

“I don’t believe them. Prove your citizenship”.

And so on, and so on, and so on…..

And even IF the birth certificate WAS proven:

“Okay, you were born in the United States. However, you lost your citizenship as a child. Prove your citizenship”

“Um, the Nationality Act of 1940 and 1952 doesn’t allow for minors to lose their citizenship as a result of their parents activities, nor does it mean a person loses their citizenship if they marry a national of another country. By US law I’m a citizen”.

“I don’t believe you. Prove your citizenship”.

Be honest with yourselves. You’re not interested in seeing the real birth certificate, the constitution, US and State law, or anything else. You want something – anything – to prevent President-elect Obama from assuming office, and country be damned. Your fake patriotism doesn’t hide your true feelings – especially not from people who actually DO care about this country and the constitution, and hate seeing both used to cloak paranoid conspiracy theories.

12 November – “Gina Cobb” posts a guest post by “Dr. Robert Coambs” that is almost Time-Cube like in it’s sheer weirdness value. Called “Obama is Disqualified by the Known Unknowns”, it’s an attempt to use a form of logic to prove that, since President-elect Obama has not proven his citizenship to the satisfaction of those questioning it, (note – they never will be satisfied), then no matter what happens, he will not be president.

“(5) From this we can construct the following syllogism:Major Premise: To be POTUS, the candidate’s eligibility must be publicly known.
Minor Premise: Obama’s eligibility is not publicly known.
Conclusion: Therefore Obama is not POTUS.”

Okay, how about this then?

Major Premise: To be POTUS, the candidate’s eligibility must be publicly known.
Minor Premise: Obama’s eligibility has been verified by the State of Hawaii on multiple occasions, and therefore is publically known
Conclusion: Therefore Obama eligible to be POTUS.

If the premise of your argument is flawed, then the conclusion will be flawed. Example:

Major Premise: I wish to keep elephants out of my bathroom.
Minor Premise: Wrapping mirrors with tinfoil repells elephants.
Conclusion: There are no elephants in my bathroom because I wrapped the mirror with tinfoil.

See, the premise was flawed, therefore the conclusion is meaningless.

“Dr. Coambs” goes on to say:

“If Obama took office without his eligibility being publicly known, then he is not POTUS. If Obama pretended to be POTUS, and other humans believed that he was POTUS, he would still not be POTUS. Even if 300 million Americans agreed to let Obama sit as if he were POTUS, and run the executive branch of the USA as if he were POTUS, he would not be POTUS.The syllogism is compelling, omnipresent, and transcendent in time. So long as the premises remain true, the conclusion is true, and it’s form and meaning cannot be changed by human intervention.

If Obama sat as President, and left office 8 years later, he never was POTUS. If historians look back from 1,000 years hence, logic will dictate that he was not POTUS. For those 8 years, the USA did not have a POTUS. No element or feature of the past can be changed to make him POTUS. It is not possible to change the past. Obama never was POTUS.

None of the laws passed in the 8 years that Obama sat in the White House would be valid, because they must be signed into law by POTUS, and there would be no POTUS. Executive orders, Supreme court appointments, and declarations of war would not be valid. Nothing.

If the military took any action under the command of Obama, they would be in double jeopardy. Because they have sworn to uphold the Constitution, it would be forbidden by law for them to obey Obama, since according to the Constitution, he is not POTUS. POTUS is their commander in chief, not Obama. If they obeyed Obama on any matter, they might be held accountable for war crimes, since they acted without authority from POTUS. Because of the way military law works, there is no middle ground. The military can only obey the POTUS and uphold the Constitution, from the highest general to the greenest private.

There are two implications of this reasoning which are debatable, and go beyond the strict implications of the syllogism. They are (a) Because the military is charged to uphold the Constitution, by force if necessary, they may or may not be empowered (or required) to remove Obama from office, and (b) It may be correct and patriotic to refuse to follow any orders given by Obama. This may apply to all American citizens.”

12 November – “Patriot Brigade Talk Radio Network” announces a new player in this increasingly warped reality, Todd Nalagan, an attorney in Norman, Oklahoma.

“The Patriot Brigade Talk Radio Network has teamed with new legal counsel, in Texas, and Oklahoma, to force Barack H. Obama ( President-Elect ) of the United States of America to produce a Certified Birth Certificate from the state of Hawaii ( or other state ) in compliance with the United States Constitution.A public trust fund is currently being established which will be represented by the legal office of Todd Nalagan: Norman, OK, in which all funds donated, and given, as financial support will be used to ensure the success of legal counsel. This trust is public, which means that anyone wanting to know how the money is being used, and to whom it is being paid and for what reason(s) is public information.

Currently, a phone number is being set up as a support line for any inquires being made to Mr. Nalagan’s office. We’ll post that number in the next day or so. More information is being readied as we have just started this process. Please check back soon as information will be updated as needed. Note that a special page here on the Patriot Brigade Talk Radio Network and on Lan Lamphere’s website will be created with all the details once we have them established and are able to make them public.”

As for the comments:

“Empowered Patriot | Nov 12, 2008 |
Let’s set aside some money to ship Obama and his friends and family to Iran. Obviously, they want him there and since we don’t want him here it will be a good cause for everyone. If need be I would start a 501(c)(3) for the sole purpose of improving life in American by eliminating the scum bag. Now that would be a good cause.”

13 November – Among the comments at “TexasDarlin”, hope springs eternal….

“Dean M on November 12, 2008 at 10:07 pm.
I still believe it isn’t over until it is over. Obama isn’t President-Elect until the Electorial College meets and they cast their votes. Either the Bible Code is wrong or the popular vote with the assistance of ACORN is wrong. In either case, the Bible Code strongly indicates that Hillary will be our 44th US President. Right now I’m banking on whatever intelligence (the Almighty) encrypted this in the Torah.”

13 November – And anti-semite Andy Martin claims he’s filed a complaint with Supreme Court of Pennsylvania Disciplinary Board against Philip Berg.

“Berg is playing on the vulnerability of people who intensely dislike President-elect Barack Obama, and using his inflated accusations to solicit money from the public. He constantly exaggerates or misrepresents the facts. In early September persons acting on his behalf claimed there was a “court order” for Obama to produce a birth certificate. No such order existed.Then he claimed Obama was in “default” and had “admitted” he was born in Kenya. This was compete nonsense. As someone who is a genuine critic of Mr. Obama, I know firsthand what confusion Berg creates with his false and misleading claims. Most recently he or persons acting in concert with him have suggested that the U.S. Supreme Court “ordered” a response to his nonsense. The Court has done nothing of the sort. The court’s rules simply provide a thirty-day period for responses.

I don’t know whether Berg suffers from an emotional disturbance, or is merely a money-grubbing huckster, or what, but Berg’s behavior is undermining public faith in the integrity of the Pennsylvania legal profession.”

And, proving that a broken watch actually CAN be correct twice a day, Andy Martin ends with:

“He is a threat to vulnerable citizens who tend to believe his false claims and give him money on the false assumption that Berg is acting in good faith. By stealing small amounts of money from people across the nation he has flown under the radar of professional discipline. No competent attorney could have acted as Berg did during the past three months. His behavior in federal court, all of which is a public record, is outrageous.”

Amazing. I actually agree with Andy Martin. For far different reasons, of course……..

13 November – “WorldNetDaily” complains that someone on the Obama campaign staff called the lawsuits what they were – garbage.

An Obama campaign spokeswoman told WND the complaints are unfounded.“All I can tell you is that it is just pure garbage,” she said. “There have been several lawsuits, but they have been dismissed.”

13 November – “Citizen Wells” posts about another lawsuit, this one filed in North Carolina by a “Lt. Col. Donald Sullivan, USAFR(R)”.

Much of it is word-for-word identical to Berg’s suit, even the “Canadian Birth Certificate” and “three forensic experts” claims. And the exact same misquote of the Nationality Act of 1940 that Berg uses. The main difference is that it’s against the North Carolina Secretary of State, and it’s being tried as a class action:

“3.1. I bring this action now maintained by the named plaintiff as a class action on behalf of myself and all persons similarly situated, comprising the class.
3.2. I am informed and believe that there are approximately over 4,000,000 members of the class so that joinder of all members is impracticable.”

So who is Lt. Col. Donald Sullivan, A retired USAF Reservist, he was part of a case in 17 May 2005 trying to get a restraining order prohibiting the North Carolina National Guard from deploying to Iraq and Afghanistan. That was denied. He got in the papers on 15 May 2008 because he believes he has the right to drive on public highways without a license plate, registration, or insurance.

“Sullivan said, “I can govern myself. And America is about self-government.”“If a person proves he’s responsible, leave him alone, he can govern himself, he doesn’t need to be bothered by the government,” said Sullivan.

Donald Sullivan isn’t your typical guy. The retired Air Force Lt. Colonel voted for Ron Paul in the recent election, and says our government has gotten too far away from the republic our forefathers founded.”

13 November – Philip Berg posts a video on his website “addressing a rally at the US Supreme Court” on 30 October.

The video is 31:45 in length, and is mostly a rather dull recap of his lawsuits. It’s interesting to note that there doesn’t seem to be many people at the rally. At 4:09 you hear *one* person clap, and at 4:29 the camera pulls away to show Berg and a ponytailed woman. And nobody else, (excepting the cameraperson I suppose)

At 5:15 he also mentions the Senate issue. This was a few days before he filed his fraud claim.

Around 12:20 you get someone laughing at Berg.

Around 14:40 you get someone off camera asking about Obama’s paternal grandmother. It kinda sounds like Will Bower……

Around 15:45 he mocks Obama’s maternal grandmother for not making a statement. Note, she passed away days after this “rally”.

Around 15:50 he gets a question from what sounds like the ponytailed woman.

Around 17:06 and 17:25 he answers questions from people off camera. Both sound like the same person.

Around 18:45, male question.

Around 21:10, the Will Bower sound alike again.

Two female voices heard around 23:40

Around 25:30, the Will Bower sound alike again

25:50, repeats his “all I want is the birth certificate” lie.

26:20, unknown male voice

28;20, unknown voice

29:10, Will Bower sound alike again

29:40, unknown male voice

30:10, unknown male voice

30:45, unknown male voice

31:14, Will Bower sound alike again

At no time do they ever show the crowd in this so-called “rally”. Assuming each question was a seperate person, (which I doubt, the voices sounded the same), that makes around 20 or so.

14 November – American Independent Party Presidential hopeful Alan Keyes, along with Wiley S. Drake and Chairman Markham Robinson, files suit in California Superior Court to prevent ” Secretary of State Debra Bowen from certifying to Governor Arnold Schwarzenegger the names of Electors, and from transmitting to each presidential Elector a Certificate of Election, until documentary proof is produced and verified showing that Senator Obama is a “natural born” citizen of the United States, and does not hold citizenship of Indonesia, Kenya or Great Britain. “

Robinson, of course, was the player in Robinson v. Bowen, RNC, McCain,. et al, trying to get Sen. McCain off the ballot earlier. And Obama defeated Keyes in the race that sent Obama to the US Senate. So I dare say it’s personal for Keyes.

14 November – “Lan Lamphere” posts about the supposed Virginia case. Still no evidence it actually happened.

14 November – Parroting Berg’s line about “Constitutional Crisis”, WorldNetDaily posts an article about the Keyes lawsuit

14 November – “Faith2Action” puts out a press release about a planned ad in the Washington Times.

“The ad asks these three questions: (1) “Was Barack Obama born in Kenya?”; (2) “Is he really a citizen of Indonesia?”; and (3) “Does the Constitution still matter?” These questions point to various cases that have been filed before the U.S. Supreme Court and other Federal courts. The ad also lays out several alarming facts which question whether the Constitutional requirements for becoming President are satisfied by Senator Barack Obama.“Attorney Philip Berg, multiple legal cases, and a growing number of American citizens are demanding answers to these critical questions,” states Janet (Folger) Porter, the founder and president of Faith2Action. “The Constitution and our nation’s future are too important to not fully investigate this.”

“It’s our hope that the American people will rise up and call for Congressional hearings and immediate court action to avoid a Constitutional crisis,” added Porter. “If we are willing to ignore the Constitutional requirements for the highest office of the land, what else are we willing to forgo? That part about free speech? Freedom of the press? Freedom of religion?”

A PDF of the planned ad can be found here. The interesting thing to note is that “Faith2Action” does not seem to appear on it, rather the address is Philip Berg’s lawfirm. Adding to that is on 17 November, Berg’s website takes responsibility for the ad – with no mention of Faith2Action…..

14 November – and “TexasDarlin” comments on the Keyes case, saying the case is “It’s well-written and concise”. Since it’s just a replay of the highlights from the Berg case, both of those are debatable.

15 November – “America’s First” posts about the Keyes case. His opinion??

“In my opinion, however, Alan Keyes will likely not be found to have standing to sue Secretary of State Debra Bowen, President-elect Barack Obama, and others in the Superior Court of California, and for that reason his legal action will most likely go the way of many of the other, similar cases filed across the country — dismissal.The question is whether California Superior Court adheres to standing requirements more broad than the standing rules employed by the federal courts and enforced by the U.S. Constitution’s Case and Controversy Clause. Under those rules, a similar eligibility-related suit filed by American Independent Party of California Chairman Markham Robinson–who also appears as a petition in yesterday’s action–against Bowen and Sen. John McCain failed back in August.”

15 November – And “Jbjd” has a new idea – have someone in the military challenge the “standing” issue:

“Issue: Given that the President functions as Commander in Chief (“CIC”) of the armed services under the U.S. Constitution; that the CIC is authorized to order members of the armed services, including the national guard, into combat duty; that while serving combat duty such combatants may logically be required to inflict casualties on the enemy; and that causing the death of another under the color of law but not the rule of law could subject that combatant to criminal charges of murder and, on conviction, to execution for his crime; does a member of the military or national guard, currently deployed in or scheduled for deployment to a combat situation, have the particularized standing required by the federal court so as to create a case or controversy under Article III of the U.S. Constitution to successfully petition the federal court to examine whether Barack Obama is a natural born citizen and rule on his eligibility to be POTUS?Answer: Yes.”

I will note there is an increasing number of Cult of the COLB people who are trying to convince people that somehow President-elect Obama will be an invalid President and therefore no courtesy or respect (or obligation to follow any laws or mandates set during his administration) is needed. What they’re doing is trying to justify or excuse their behaviour. Since there is no level of evidence they will accept to prove in their minds that Obama is indeed a natural-born citizen, this means they can excuse their behavour on the grounds that “he’s not *really* president.

16 November – And “Dr. Kate” posts one of her rambling, borderline insane articles on “TexasDarlin”, cross posted from the formerly sane “No Quarter”. It pretty much boils down to the same claim “Judah Benjamin” made and that Donofrio is using in his lawsuit – there’s multiple tiers of citizenship by birth, and supposed or suspected dual-citizenship at birth renders means one cannot be president:

“Although doubtful, it is also possible Obama would try to argue that the 14th Amendment says that “naturalized citizens” and “dual citizens” are “American citizens”, thereby satisfying the requirements of Article II. I really can’t imagine he would bring this up, unless asked in a hearing, as the question of the 14th Amendment’s modification of Article II is a constitutional matter that only the Supreme Court can decide. Recall that on Obama’s own website he claims that he is a U.S. Citizen under the 14th amendment.”

Comments show a common thread about the Donofrio case – that due to it being seen by Justice Thomas, it’s a “slam dunk”. This is based, I guess, on the idea that Thomas, being a conservative, will automatically rule against President-elect Obama – and that the majority of the court would back him.

“The South on November 17, 2008 at 12:04 am
It doesn’t matter if Obama has a legit birth cert. now or not. This newest case is “BRILLIANT”
Obama could have been born in the White House with a BC to prove it and he still would NOT be eligible

Read it and enjoy … http://www.blogtext.org/naturalborncitizen

This case is on the Supreme Court docket right now, and guess who’s seeing the case ? Yep none other that Justice C.Thomas

This is the only case out there that don’t need a response from Obama or his attorneys.There’s nothing they can do to fight this case… It’s over folks !!!

CASE CLOSED as soon as THOMAS sees it :))))))))))”

16 November – WordPress suspends “African Press International” for a Terms of Service violation.

16 November – Since they haven’t gotten the $90,000 to pay for a full-page ad in USA Today and a room at the National Press Clue, the “We The People Foundation” decides to go to plan “b”, publishing it in a regional paper. And of course, the usual scare tactic to the faithful.

“To be effective, we would need to publish the open letter two weeks or more in advance of the date (December 15, 2008) when the Electoral College’s state electors are certified and cast their votes. If Mr. Obama is not able to prove his eligibility by then, the electors would have to cast their votes for someone else for it would be treason to the Constitution to do otherwise.”

They also publish the “evidence” they have. Which is the old stale claim about the COLB not being legit, (Claiming it was “generated by officials of the state of Hawaii, purportedly at the direction of the Governor and two U.S. Senators. “), and the tired demand for the “vault copy”, (which they would figure out a way to disprove.

They also vomit up the Berg lawsuit and Berg’s claims about being born in Kenya, Indonesian citizenship, etc. etc. And end with the absurd claim that:

“Given the relative strength of the evidence and the public interest in the issue, Mr. Obama is obligated to respond to any citizen’s Petition for Redress of the apparent violation of the Constitution’s natural born citizenship clause.We the People demand and deserve nothing less.”

Yes, you read that correctly. They believe that President-elect Obama has an obligation to reply to ANY tinfoil hat-wearing flavor-aid drinker who can’t wrap their brain around the fact he was born in Hawaii and never lost his US citizenship.

17 November – “America’s Right” gets feedback from Alan Keyes camp about their lawsuit. Jeff Schreiber’s opinion is, however much he would like to see one of these cases prevail, it’s bound for dismissal with the rest.

“Keyes’ chances, in my opinion, boil down to whether the element of redressibility is included in the test for standing for this particular cause of action. Because he did in fact appear on the California ballot along with Barack Obama, it seems likely that Keyes could very possibly show the injury-in-fact and causation that Robinson–and Philip Berg, and others–could not, especially considering the “sliding scale” approach to injury-in-fact employed by Berg in his petition for writ of certiorari, but the question remains as to whether redressibility is a factor. Alsup expressed, in the Robinson decision, doubts that striking McCain from the ballot could have significantly helped Keyes in California and beyond — if redressibility is figured in as an essential element of standing here, the Ambassador might run into the same problem.Considering what I believe will be the eventual outcome of this matter, as well as the final dispositions of the other related matters filed from coast to coast, I cannot help but be disappointed that none of these cases have been heard on the merits. Of course, I understand completely the reasoning behind the standing doctrine, but that doesn’t mean I have to like it.”

17 November – Comments on Berg’s website are just as insane – and racist – as ever

written by ObamaSlammaJamma, November 16, 2008
G-d help us. Obama is the embodiment of Satan and will cause the end of Israel and the U.S. and civilization as we know it. He marks the beginning of Islamization of the West. Only China will be left to resist.
Obama’s IQ, Kenyan IQ, Affirmative Action
written by OsaBamaBinMamaMasaiMara, November 15, 2008
More than two dozen African nations have IQ’s lower than 70, and their Gaussian distribution proves that not a SINGLE one of the residents there would possibly have an IQ high enough to be admitted here without affirmative action.
It’s important to KNOW that obama is no exception. He got in strictly because of affirmative action.

written by OsaBamaBinMamaMasaiMara, November 15, 2008
kenai: “The end results of these facts is that Mr. Obama is currently an illegal U.S. alien, all of which prevents him from serving as a United States President.”

I couldn’t agree more. Obama is an ALIEN ZOMBIE and CANNOT legally serve.
I see the ‘adobe” in the document’s hex code -it’s forged alright
written by ObamaSlammaJamma, November 15, 2008
I used HexEdit on a Mac and searched “adobe”. It’s still there clear as day. They tried to doctor it up some more, but they couldn’t get rid of that file code. They’re f*cked. Or should I say America is for letting this happen to us. I’m more terrified than I’ve ever been in my 46 years. Oh, and besides being a criminal and an angry Islamic minority man, he is way too young and criminal to have his white-palmed, brown finger on the nuke button. The ultimate Jihad is a heartbeat away. Everyone remember to kiss your children and tell them how much you love them. This could be it for the world as we know it and the end to cultural civilization. Hello Islam and stoning of 13 year-old gang-rape victims as “adulterers and amputation of hands for shoplifting. Say hello to Islam.”

19 November – Anti-semite Andy Martin reports on the supposed “vigorous hearing” he had in Honolulu circuit court on 18 November.

“We had about a half-hour hearing,” Martin states. “Both the Attorney General and I vigorously presented our respective positions. The Court gave no indication of when or how the ruling could come or what the result will be.“I have ordered a transcript of the hearing and as soon as it arrives we will post it on our blogs. People should be able to read the arguments in Court. Rather than characterize what was said, I will allow everyone to review the presentation for themselves.”

Andy Martin also visits Punchbowl, aka the National Memorial Cemetery of the Pacific. And shows either a major lack of information on how a National Cemetery works, or a willingness to use the dead to make a cheap shot.

“Tuesday afternoon through the gracious assistance of a local supporter I was able to visit the National Cemetery where the ashes of Barack Obama’s grandfather are interred. The Punchbowl Cemetery is very still, and very moving. I am always brought to deep emotion by the graves of the unknown, known only to God, who answered the call and gave their lives in our service. The famous war correspondent Ernie Pyle is also buried at Punchbowl.“Sadly, there was no ornamentation or remembrance at the plaque of Stanley Dunham. Obama’s memorialization of his family members seems to be limited to the occasional photo op. I hope to have a detailed column on Madelyn Dunham’s memorial as soon as possible, but Wednesday we will be busily working away in the Courthouse again. We are trying to utilize our time in Honolulu as intensively as possible.”

My father is buried at a National Cemetery, so I can answer a couple details…

Grave markers are provided by the VA. They are standardized as to size and shape depending on if it’s used for a burial of a body or internment of cremains. As for graphics or “ornamentation”, quote:

“The VA only permits graphics on Government-furnished headstones or markers that are approved emblems of belief, the Civil War Union Shield, the Civil War Confederate Southern Cross of Honor, and the Medal of Honor insignias.”

It can take a few months for a marker to be made and delivered, so if Madelyn Dunham’s remains are to be buried with her husband, then the marker may not be there for a while. The cemetery also tends to be hard-nosed on leaving items behind. Obviously Mr. Martin doesn’t know this – or more than likely, doesn’t care and wanted to get a cheap shot in.

And the cheap shot may be all he had, since according to the Hawaiian State Judiciary website, case # 1CC08-1-002147, Martin vs. Linda Lingle et al, was denied on 18 November, ruling against Martin and in favour of the state.

Court Minutes Agenda
Case Title: Andy Martin vs. Linda Lingle et al
Case # 1CC08-1-002147
Div: 1C21
Cal. Type: CM
Cal. Date: 11-18-2008
Time: 1030A

1. Motion for order to show cause (MVT: A. Martin) – DND (Denied)
2. Motion to dismiss complaint for declaratory – GRT (Granted)

Judiciary 1

Court Minutes Text:Presented Any Evidence to the court that irreparable harm will occur if the records are not provided to the plaintiff
In Addition, there is insufficient evidence to indicate that the public interest supports the granting of the relief sought and there is a reasonable belief that the public would rather preserve the confidentiality of vital health records.
Therefore, the emergency motion to show cause is denied. Defendants’ counsel to prepare findings of fact and conclusions of law.


No word on Martin’s website yet as of 20 November…..for some reason…..I’m sure it’s an oversight…..

19 November – “African Press International” is booted off of Tripod for TOS violations. They seem to back on WordPress though.

19 November – Jeff Schreiber at “America’s First” says decisions on the Berg and Donofrio cases could be imminent. He also mentions the internet rumour that Justice Souter, had ordered President-elect Obama to provide his birth certificate, saying “the Court merely set December 1, 2008 as the date by which the respondents–Obama, the Democratic National Committee and Federal Election Commission–were to respond to Berg’s petition if they chose to do so at all. “

Basically the Federal Election Commission has waved their right to respond to Berg’s petition for Writ of Certiorari.

“There are a number of reasons why the respondents here would choose not to respond. First, because the Court only grants between 70 and 120 of the 8,000 or so petitions it receives every year, perhaps they just liked their odds of Berg’s petition getting denied. Second, because they have made arguments as to Berg’s lack of standing several times at the district court level and beyond, perhaps they felt as though any arguments had already been made and were available on the record. Or, perhaps the waiver shows that the FEC and other respondents do not take seriously the allegations put forth by Berg, and did not wish to legitimize the claims with a response.Another thing which is not completely clear is whether the FEC is filing for itself or on behalf of all respondents. On the docket, the FEC’s attorney is noted as being the attorney for all respondents; on yesterday’s docket entry, it states that the waiver was filed by “respondents Federal Election Commission, et al.” As it were, the FEC’s attorney, Gregory Garre, is with the Solicitor General’s office, and does not represent Obama or the DNC. While attorneys acting on behalf of a group of defendants or respondents is not necessarily rare, the difference here is the involvement of the Solicitor General’s office, a federal office.”

Berg, of course, is firmly into tinfoil hat land, saying:

“If it were just the FEC filing the waiver, I must say that I’m surprised,” Berg said. “I’m surprised because I think they should take the position that the Supreme Court should grant standing to us. I think they have a responsibility not only to Phil Berg, but to all citizens of this country, to put forth a sense of balance which otherwise doesn’t seem to exist.”“However, if this was filed by the FEC on behalf of the DNC and Barack Obama too, it reeks of collusion,” he said, noting that the attorney from the Solicitor General’s office should be representing federal respondents and not the DNC or Obama.”

Actually, as a (now former) Senator, one could argue that President-elect Obama would be under representation of the Justice Department.

As for Donofrio, his case has been given to Justice Thomas, and will be discussed by the Court in conference on 5 December 2008.

This looks like fairly standard procedure, but the Berg bots and the others who drank the COLB flavor-aid are believing Justice Thomas are on their side, (doubtless if Justice Thomas rejects it, they’ll claim it was due to race, and not the fact it’s completely without merit.)

20 November – And the “We The People Foundation” once again pleads for money to run their ad. Having not gotten the $90,000, but having managed to get the faithful flock to be shorn of $27, 131, they’re scaling back a bit.

“As of noon today, we have raised $27,131.04, which is sufficient for a full-page in the Chicago Sun-Times and the event at the National Press Club, but not enough to cover the cost of a team of forensic scientists to travel to Hawaii to examine the vault copy of the birth certificate or the cost of mailing a package to each of the state electors in the event Mr. Obama chooses not to respond to the open letter (see latest draft of our Open Letter for details). We are willing to commit now to publish in the Chicago Sun-Times as soon as its legal department approves the content. However, we will need additional funding, so please continue spreading the word about the project. Become a WTP “fund raiser.”

For starters, how are that “team of forensic scientists” going to have access to said vault copy, considering that the Hawaiian court system just told anti-semite Andy Martin “No, you can’t have a vault copy, not yours”??

Anyway, their current demands are:

“On Monday, December 1, we will publish the Open Letter that will ask Mr. Obama to immediately direct the appropriate Hawaiian officials to allow access to the vault copy of his birth certificate by our forensic scientists on Friday, Saturday and Sunday, December 5, 6 and 7, and to arrange to have certain other evidence delivered to the National Press Club by noon on December 8, 2008.On December 8th, we will sponsor a Press Conference at the National Press Club. We will invite C-SPAN to broadcast the event live. Invited speakers will include constitutional scholar and attorney Edwin Vieira, who would speak about the natural born citizen clause and the seriousness of the adverse consequences of having a usurper in the position of President of the United States of America. Other invited speakers include the licensed attorneys from each of the cases that have been filed (Phil Berg from PA, Leo Donofrio from NJ, and Orly Taitz from CA), a Plaintiff from the CA case (Alan Keyes), and the Plaintiff from the HI case (Andy Martin).

Beginning December 9th, should Mr. Obama fail to respond to the repeated judicial Petitions for Redress of the Grievance, packages will be mailed to each member of the Electoral College. The package will contain: (a) a copy of each of the lawsuits with their facts and legal arguments; (b) notification that Mr. Obama had a duty to respond to the court challenges by proving his eligibility but chose not to do so; (c) notification that the chief election officials of their states had a duty to determine Mr. Obama’s eligibility before deciding to place him on their primary and general election ballots but failed to do so; (d) notification that Mr. Obama had a duty to respond to the Open Letter published in the newspaper (yet another Petition for Redress) but failed to do so; and (e) notification that in light of the evidence that Mr. Obama is not a natural born citizen of the United States and Mr. Obama’s deliberate decision not to answer the repeated Petitions for Redress of the Grievance, it would be treason to the Constitution should they cast their vote for Mr. Obama to be President of the United States of America.

Any President-elect and member of the Electoral College should be withdrawn from office whose fraud and misrepresentations are leading us to dissolution. It may, indeed, injure them in fame or fortune; but it saves the Republic.”

So, let me get this straight. They’re going to demand THEIR “forensic scientists”, (no doubt the return of “TechDude” and “Polarik”) have access to the vault copy, rather than oh, I dunno, objectively neutral ones? They’re going to have a press conference jam packed with the lead nutjobs in the Cult of the COLB to rehash their old tired and dismissed claims, and if THAT doesn’t work, they’re going to supposedly send each Elector copies of a batch of rejected and failed lawsuits??

Good luck with that.

21 November – And while anti-semite Andy Martin hasn’t said anything about his case being dismissed, the Honolulu Advertiser feels no such restraint.

“Judge Bert Ayabe upheld arguments from Gov. Linda Lingle’s administration that Martin — a political opponent of Obama — had no standing under state law to obtain a copy of the document.The decision, issued late Wednesday, first denied Martin’s “emergency motion” for production of the birth certificate.

Martin “does not have a direct and tangible interest in the vital statistic records being sought, namely the birth certificate of President Obama,” Ayabe wrote.

Martin did not fall into any category of persons defined under state law as having a legal right to the record, said the judge.

Ayabe wrote that Martin also failed to demonstrate that “irreparable harm will occur if the records are not provided to the plaintiff.”

At what point does it start to dawn on these people that EVERY SINGLE CASE THEY’VE FILED HAS BEEN DISMISSED and maybe, just maybe, the reason why is there’s absolutely no evidence for their claims??

Yeah, I know, when hell freezes over…..

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