USJF and Philip Berg File Against Obama Nomination in PA
Following is the legal brief describing the challenge of Philip J. Berg, of Pennslyvania, against Obama’s nomination in PA, based on his eligibility to be President. USJF is funding this project and executive director Gary Kreep will be co-counsel in this case.
Philip J. Berg, Esquire
LAW OFFICES OF PHILIP J. BERG
555 Andorra Glen Court, Suite 12
E-mail: [email protected] Attorney in pro se
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
BARACK HUSSEIN OBAMA, a/k/a BARACK HUSSEIN SOETORO a/k/a BARACK H. OBAMA a/k/a BARACK H. SOETORO a/k/a BARRY H. OBAMA a/k/a BARRY H. SOETORO a/k/a BARRY HUSSEIN OBAMA a/k/a BARRY HUSSEIN SOETORO,
CASE NO. ______________________:
2012 PRIMARY ELECTION FOR OFFICE OF THE PRESIDENT OF THE UNITED STATES
COMES NOW, Objector, Philip J. Berg, Esquire [“Objector”] challenging the Nomination Petition of Candidate, Barack Hussein Obama a/k/a Barack Hussein Soetoro a/k/a Barack H. Obama a/k/a Barack Hussein Soetoro a/k/a Barry H. Obama a/k/a Barry H. Soetoro a/k/a Barry Hussein Obama a/k/a Barry Hussein Soetoro, for the Office of United States President [at times “Obama” or “Candidate”] pursuant to 25 P.S., Chapter 14, Article IX, c, Section 2937 and in support hereof, avers the following:
- Philip J. Berg was born and raised in the City and Countyof Philadelphia and now resides inMontgomery Countyand is a citizen of the Commonwealth of Pennsylvania, registered as a Democrat and can vote in the Democratic Primary in Pennsylvania in the Spring Primary in 2012.
- The Commonwealth of Pennsylvania by and through the Department of State, and Jonathon M. Marks, Commissioner in the Pennsylvania Secretary of State’s Office, as required, printed the “Candidates Packet of Required qualifications and Instructions” that is also available on the Department of State’s website, acknowledge the United States Constitutional authority and stated that to be eligible in the Commonwealth of Pennsylvania for the Office of the United States President, a candidate must be a “natural born citizen”.
- Article II, Section I, Clause 5 of the United States Constitution states:
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President…”
- The Candidate in this case, Barack Hussein Obama a/k/a Barack Hussein Soetoro, et al is not a “natural born citizen” as defined by the United States Constitution.
- Barack Hussein Obama a/k/a Barack Hussein Soetoro was born in Kenyaon August 4, 1961. At the time of his birth, his mother was only 18 years old and not old enough to confer U.S. Natural Born Citizenship status to him.
- Evidence points to the fact the Candidate, at the time of birth, was named Barack Hussein Obama, born at CoastHospitalin Mombasa, Kenyalocated in CoastProvince. The Candidate’s father was a Kenyan citizen and his mother a United States citizen who was not old enough and did not reside in the United States long enough to register the Candidate’s birth in Hawaii as a “natural born” United States citizen.
- Under the laws in effect between December 24, 1952 and November 14, 1986(Obama was born in 1961), a child born outside of the United States to one citizen parent and one foreign national, could acquire “natural born” United States citizenship if the United States citizen parent had been physically present in the United States for ten  years prior to the child’s birth, five  of those years being after age fourteen . See Nationality Act of 1940, revised June 1952; United States of America v. Cervantes-Nava, 281 F.3d 501 (2002), Drozd v. I.N.S., 155 F.3d 81, 85-88 (2d Cir.1998), United States v. Gomez-Orozco, 188 F.3d 422, 426-27 (7th Cir. 1999), Scales v. Immigration and Naturalization Service, 232 F.3d 1159 (9th Cir. 2000), Solis-Espinoza v. Gonzales, 401 F.3d 1090 (9th Cir. 2005). Obama’s mother was only eighteen  when Obama was born in Kenya and therefore, did not meet the age and residency requirements for her child to have acquired “natural born” U.S. citizenship even under the statute. Thus, Obama is not a “natural born” United States citizen. The law that applies to a birth abroad is the law in effect at the time of birth, Marquez-Marquez a/k/a Moreno v. Gonzales, 455 F. 3d 548 (5th Cir. 2006), Runnett v. Shultz, 901 F.2d 782, 783 (9th Cir.1990) (holding that “the applicable law for transmitting citizenship to a child born abroad when one parent is a U.S. citizen is the statute that was in effect at the time of the child’s birth”).
- Obama’s Kenyan grandmother, Sarah Obama, has repeatedly stated Obama was born inKenyaand she was present in the hospital during his birth. Bishop Ron McRae, who oversees the Anabaptists Churches inNorth America, and Reverend Kweli Shuhubia, had the opportunity in or about October 2008 to interview Sarah Obama. Reverend Kweli Shuhubia went to the home of Sarah Obama located inKogello,Kenya. Reverend Kweli Shuhubia called Bishop McRae from Ms. Obama’s home and placed the call on speakerphone. Bishop McRae asked if it was okay to tape the conversation, which permission was granted. Because Ms. Obama only speaks Swahili, Reverend Kweli Shuhubia and another grandson of Ms. Obama’s translated the telephone interview. Bishop McRae asked Ms. Obama where Soetoro was born; Ms. Obama answered in Swahili and was very adamant that Soetoro was born inKenya. Bishop McRae asked Ms. Obama if she was present during her grandson’s birth and Ms. Obama answered, “Yes”.
- When Obama was approximately four  years old, his mother, after divorce, remarried an Indonesian Citizen, Lolo Soetoro. Evidence points to the fact that Lolo Soetoro signed a government form legally “acknowledging” Obama as his birth son and/or legally adopted Obama, both of which changed anyU.S.citizenship status Obama had to a “natural” citizen ofIndonesia.
- Under Indonesian law, when a male acknowledges a child as his son, it deems the son, in this case Obama, an IndonesianStatecitizen. Constitution of Republic of Indonesia, Law No. 62 of 1958 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie).
- Furthermore, under the Indonesian adoption law, once an Indonesian citizen adopts a child, the adoption severs the child’s relationship to the birth parents, and the adopted child is given the same status as a natural child and the child takes the name of his step-father, in this case, Soetoro. See Indonesian Constitution, Article 2.
- Under Indonesian law, when a male acknowledges a child as his son, it deems the son, in this case Soetoro/Obama, an IndonesianStatecitizen. See Constitution of Republic of Indonesia, Law No. 62 of 1958 concerning Immigration Affairs and Indonesian Civil Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie).
- The Indonesian citizenship law was designed to prevent apatride (stateless) or bipatride (dual) citizenship. Indonesian regulations recognized neither apatride nor bipatride (stateless or dual) citizenship. Since Indonesiadid not allow dual citizenship; neither did the United States (since the United States only permitted dual citizenship when ‘both’ countries agree); and since Soetoro was a “natural” citizen of Indonesia, the United States would not step in or interfere with the laws of Indonesia. See Hague Convention of 1930.
- Obama admits living in Indonesia and attending school and that his name is/was in fact Barack Hussein Soetoro. Obama was registered in a public school as an Indonesian citizen by the name of Barry Soetoro and his father was listed as Lolo Soetoro, M.A. in Jakarta, Indonesia. At the time, Indonesia did not allow foreign students to attend their public schools in the late 1960’s or 1970’s, and any time a child was registered for a public school, their name and citizenship status was verified through the Indonesian Government. See Constitution of Republic of Indonesia (Undang- Undang Dasar Republik Indonesia 1945), Chapter 13, Law No. 62 of 1958 (all citizens of Indonesia have a right to education). The school record, attached hereto as Exhibit “A”, indicates that Obama’s name is “Barry Soetoro;” his nationality is/was “Indonesia”. There was no way for Soetoro to have attended school in Jakarta, Indonesia legally unless he was an Indonesian citizen, as Indonesia was under tight rule and was a Police State. See Constitution of Republic of Indonesia (Undang-Undang Dasar Republik Indonesia 1945), Law No. 62 of 1958. At the time Obama was in Indonesia, all Indonesian students were required to carry government identity cards or Karty Tanda Pendudaks, as well as family card identification called a Kartu Keluarga. The Kartu Keluarga is a family card which bears the legal names and citizenship status of all family members. See Asian Law Digests INDONESIA LAW DIGEST 9.02.
- Since Indonesiadid not allow dual citizenship; neither did the United States (since the United States only permitted dual citizenship when ‘both’ countries agree); and since Soetoro was a “natural” citizen of Indonesia, the United States would not step in or interfere with the laws of Indonesia. See Hague Convention of 1930.
- As a result of Obama’s Indonesian “natural” citizenship status, Obama could never regainU.S. “natural born” status, if he in fact he ever held such, which Objector doubts.
- Obama could have only become “naturalized” if the proper paperwork were filed with the U.S. State Department, by going through U.S. Immigration after his return to theUnited States; in which case, Obama would have received a Certification of Citizenship indicating he was “naturalized”.
- Objector is informed, believes and thereon alleges Soetoro was never naturalized in the United Statesafter his return. Obama was ten  years old when he returned to Hawaiito live with his grandparents. Obama’s mother did not return with him. Therefore, Obama’s mother did not apply for citizenship for Obama in theUnited States. If citizenship of Obama had been applied for in 1971, Obama would have a Certification of Citizenship.
- Since Obama has declared in his Candidate’s Affidavit that he is eligible for the Office of President, therefore, the burden of proving that he is in fact eligible to be a candidate to this Honorable Court, the truth of the matter, specifically, that he legally regained any U.S. Citizenship status he may have once held, prior to becoming an Indonesian citizen, and of course, proof must be by Obama.
- Because Hawaii allows for foreign births to be registered, by any party present during the birth, a Hawaii Certification of Live Birth is not valid proof of Obama’sUnited States “natural born” citizenship status, but instead, it must be mandated that Obama provide his “long form” Birth Certificate bearing the doctor’s signature of his birth.
- These facts indicate that Obama is an Indonesian citizen, and therefore he is not eligible to be President of the United States and not qualified to be a Candidate in theCommonwealth ofPennsylvania for the Office of United States President.
- Furthermore, Objector challenges the Affidavit at the end of the Nominating Petition/Paper stating that the individual has met all the requirements and is qualified to hold the Office of President of theUnited States.
WHEREFORE, Objector, Philip J. Berg, Esquire prays that the Nomination Petition and/or Papers submitted by Candidate Barack Hussein Obama, a/k/a Barack Hussein Soetoro a/k/a Barack H. Obama a/k/a Barack H. Soetoro a/k/a Barry Hussein Obama a/k/a Barry Hussein Soetoro a/k/a Barry H. Obama a/k/a Barry H. Soetoro be set aside for his failure to meet the eligibility requirements for the Office of the United States President.
Dated: February 23, 2012 ________________________
Philip J. Berg, Esquire
Objector in pro se
VERIFICATION OF PHILIP J. BERG, ESQUIRE
I, PHILIP J. BERG, ESQUIRE, hereby state that I am the Objector in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Dated: February 23, 2012
PHILIP J. BERG, ESQUIRE
To see exhibit A: Click Here