Holder "Conflict' Cited in Eligibility Case
Bob Unruh - WND
July 4, 2009
A lawyer who has launched three cases challenging Barack Obama's eligibility to be president now is contesting the government's request that one of his cases – alleging Obama fraudulently held the position of Illinois' senator – be dismissed.
It comes in a case, on which WND has reported in the past, that was put under seal by a federal judge and only became public recently when the judge dismissed it and Berg decided to pursue an appeal.
The action cited the False Claims Act and accused Obama of defrauding the United States Treasury "by illegally being a U.S. senator from Illinois as Obama is an Illegal Alien, not a U.S. Citizen," Berg's website said.
Berg filed the action against Obama and after months of delay Attorney General Eric Holder's staff confirmed its decision not to pursue an investigation.
The dismissal came from recently a federal judge in Washington.
"A False Claims Act [FCA] case is when a person has knowledge that another party has obtained money from the government based on a false claim," Berg's website explained. "In this instance, in order to be a United States senator, you must be a United States citizen for nine [9] years. Obama is not a United States citizen and therefore, usurped the office of U.S. senator for Illinois and obtained payment from the U.S. Department of the Treasury based on his false statements that he was a U.S. citizen and constitutionally eligible to serve the position of United States senator."
Now, Berg reports, he'll file a motion for reconsideration in his Qui Tam (False Claims Act) case in the District of Columbia because Obama's appointee, Holder, has "a conflict of interest and … violated both the federal regulations as well as federal criminal codes."
Holder and his office are required "to uphold and ensure our laws; the laws of the United States are upheld and enforced," Berg wrote.
Instead, he said, "The request of the government to dismiss (the) Qui Tam action against Berry Soetoro a/k/a Barack Hussein Obama's legal name, which is Barry Soetoro and his citizenship status as Indonesian; I furnished sworn affidavits showing Barry Soetoro a/k/a Barack Hussein Obama was born in Mombosa, Kenya; I presented evidence that the Certification of Live Birth [COLB] presented on the Internet by Barry Soetoro a/k/a Barack Hussein Obama has been deemed a forged and altered document; I presented evidence that the birth announcement filed in the Hawaiian newspapers regarding Barack H. Obama on or about August 13, 1961, could not be verified; I presented evidence Barry Soetoro a/k/a Barack Hussein Obama never resided in the address on the birth announcement; and I raised the genuine issues pertaining to Barry Soetoro a/k/a Barack Hussein Obama’s college records."
He said none of those statements has been "refuted by the government."
"Instead of investigating the true issues, the government through the United States Attorney General Eric Holder, his staff and the United States Department of Justice, who U.S. Attorney General Eric Holder also oversees, moved to dismiss the Qui Tam action instead of upholding our United States Constitution and the very laws stated to protect 'we the people' from any individual usurping the office of the President of the United States," Berg said.
The conflict is the obvious: Obama's appointment of the law enforcement officer who is supposed to be looking into allegations against Obama.
Berg cited the "Code of Federal Regulations" which states federal employees must place a loyalty to the Constitution "above private gain." Conflict of interest regulations also state federal employees are prohibited from participating in any issue in which they have a financial interest.
"Holder has a financial interest as does his staff as they draw their income from the government who is overseen by Barry Soetoro a/k/a Barack H. Obama," Berg said.
Holder also worked on Obama's campaign, Berg noted.
"I am not giving up and am continuing my legal fight to prove Obama is not constitutionally qualified/eligible to be president of the United States. I am proceeding for the 305-plus million people in 'our' U.S.A., for 'our' forefathers and for the 1.5 million men and women that have died defending our Constitution in the many wars over the years and the 1.5 million men and women who were injured in those wars," Berg said.
Berg has two other cases still pending as well.
The question of Obama's eligbility also is being raised on billboards nationwide.
 "Where's The Birth Certificate?" billboard in Pennsylvania |
The billboard campaign follows an ongoing petition campaign launched several months ago by WND Editor and Chief Executive Officer Joseph Farah.
They are intended to raise public awareness of the fact that Obama has never released the standard "long-form" birth certificate that would show which hospital he was born in, the attending physician and establish that he truly was born in Hawaii, as his autobiography maintains.
The "Certification of Live Birth" posted online and widely touted as "Obama's birth certificate" does not in any way prove he was born in Hawaii, since the same "short-form" document is easily obtainable for children not born in Hawaii. The true "long-form" birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.
Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a "natural born citizen," no controlling legal authority ever sought to verify Obama's claim to a Hawaiian birth.
WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, 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."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Complicating the situation is Obama's decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.
Although Obama officials have told WND all such allegations are "garbage," here is a partial listing and status update for some of the cases over Obama's eligibility:
- New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.
- Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama challenging Obama's eligibility to be a U.S. senator and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
- Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
- Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
- Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
- Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
- Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
- In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
- Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
- In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
- In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
- California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.
- In Texas, Darrel Hunter vs. Obama later was dismissed.
- In Ohio, Gordon Stamper vs. U.S. later was dismissed.
- In Texas, Brockhausen vs. Andrade.
- In Washington, L. Charles Cohen vs. Obama.
- In Hawaii, Keyes vs. Lingle, dismissed.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:
- In Texas, Darrel Hunter vs. Obama later was dismissed.
- In Ohio, Gordon Stamper vs. U.S. later was dismissed.
- In Texas, Brockhausen vs. Andrade.
- In Washington, L. Charles Cohen vs. Obama.
WND has reported that among the documentation not yet available for Obama includes his kindergarten records, his Punahou school records, his Occidental College records, his Columbia University records, his Columbia thesis, his Harvard Law School records, his Harvard Law Review articles, his scholarly articles from the University of Chicago, his passport, his medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records.
If you are a member of the media and would like to interview Joseph Farah about this campaign, e-mail WND.
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