UPDATED

The Federal Court in Philadelphia has dismissed the case. The judge determined that Mr. Berg, nor any other citizen of this country, has standing to sue Barack Obama, the Democratic Party, or the Federal Elections Commission on the basis that his candidacy violates the natural born citizen requirement in the constitution.

Granted, standing is a complex issue to understand for lawyers, let alone the average person, but who the heck does have standing? Who would be the entity to check on this important issue?

Check the docket link below if you want to see the judge’s determination for dismissal.

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Former Pennsylvania Deputy Attorney General Philip J. Berg, Esq. filed a lawsuit against Barack Obama claiming he does not meet the qualifications to be president under our U.S. Constitution because he is not a natural-born citizen. Berg claims that Obama was born in Kenya, despite Obama’s statements that he was born in Hawaii. Berg recently claimed, while on the Michael Savage Show, to have obtained a tape of Obama’s grandmother talking about his birth in Kenya. Even if Obama was born in Hawaii, Berg claims that his citizenship was revoked when he moved to Indonesia and became a citizen, as this was the only way for Obama to go to school there. If this is the case, Obama would have had to come back to the United States through immigration, which he did not. Therefore, according to Berg, Obama would not even be qualified to be a senator.

According to African Press International, Michelle Obama stated, among other things, that her husband was adopted by his stepfather, Soetoro, but that “there is no law that will stop him from becoming the president.” If Obama was adobted by Soetoro, enrolled in an Indonesian school, became an Indonesian citizen, then he gave up his American citizenship, as there was no dual citizenship law in Indonesia at the time. Further, since Obama has never formally reinstated his United States citizenship, he isn’t a citizen.

Obama has filed a motion to dismiss and a motion for protective order which would prevent Obama from having to turn over the documents requested for discovery until after the court has ruled on the motion to dismiss. Berg is outraged that Obama will not simply turn over the documents that will prove his citizenship. Why is the Obama camp resisting this? If nothing else, it gives the appearance that they have something to hide. FactCheck.org claims to have seen the original birth certificates and believes Obama is a natural-born citizen. But there are other claims about Obama’s current status as a US citizen because of his Indonesian citizenship.

The Federal Election Commission has also filed a motion to dismiss based on jurisdictional grounds. Even if the jurisdictional grounds don’t fly, they contend they should be released from the law suit because they do not oversee the qualifications of candidates for president. I wonder who does?

Berg has recently filed a motion for summary judgment and a motion for expedited ruling, anticipating the imminent election. A ruling of some sorts is expected soon.

You can find the entire docket and pleadings here. It is not certain from court records when the hearing on the motion to dismiss will occur. It will be interesting to see what happens.

Berg has ran for governor twice, and for the US Senate as a Democrat. He was also chair of the Democratic party in Montgomery (PA) County and former member of the Democratic State Committee.

Make sure you check out the comments. There is a good discussion about what would happen if Obama was elected, and it was later discovered that he is not a U.S. citizen.