2012-02-23 - PA - BERG v Obama - Primary Ballot Challenge - 186 MD 2012

8/2/2019 2012-02-23 - PA - BERG v Obama - Primary Ballot Challenge - 186 MD 2012

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_J:»hilip J. Berg, Esquire

Pennsylvania·I.D.9867

LAW OFFICES OF PHILIP J. BERG555 Andorra Glen Court, Suite 12

Lafayette Hill,PA

19444-2531Telephone: (610) 825-3134

E-mail: [email protected] .

PIllLIP J. BERG, ESQUIRE,

Plaintiff,

vs.

BARACK HUSSEIN OBAMA, a/k/a

BARACK HUSSEIN SOETORO a/k/a

BARACK H. OBAMA a/k/a BARACK H. :

Attorney in pro se

CASE NO. lifo rr1i:>2 O J ~ NOMINATION PETITIONOBJECTION'

2012 PRIMARY ELECTION FOR

OFFICE OF THE PRESIDENT OF

THE UNITED STATESSOETORO a/k/a BARRY H. OBAMA

a/k/aBARRYH. SOETORO a/k/a

BARRY HUSSEIN OBAMA alida

BARRY HUSSEIN SOETORO,

Defendant.COpy WENT

TO COURTCOMPLAINT , c9,r \ : ~ - r- \ ?:=

==;:44 .

COMES NOW, Objector, Philip J. Berg, Esquire ["Objector"] challenging the

Nomination Petition of Candidate, Barack Hussein Obama a/k/a Barack Hussein Soetoro

a/lda Barack H. Obama alk/a Barack Hussein Soetoro a/k/a Barry H. Obama a/k/a Barry

H. Soetoro alk/a Barry Hussein Obama alk/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:,1 :

Objections to the Nomination ofObama for Office of he Presidency 1



1. Philip J. Berg was born and raised in the City and County of Philadelphia

and now resides in Montgomery County and is a citizen of the Commonwealth of

Pennsylvania, registered as a Democrat and can vote in the Democratic Primaryin

2. The Commonwealth of Pennsylvania by and through the Department of

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 Presi<,lent, a candidate must be a

"natural born citizen".

3. 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 theOffice ofPresident. .. "

4. The Candidate in this case, Barack Hussein Obama a/kla Barack Hussein

Soetoro, et al is not a "natural born citizen" as defmed by the United States Constitution.

5. Barack Hussein Obama a/k/a Barack Hussein Soetoro was born in Kenya

on August 4, 1961. At the timeof

his birth, his mother was only 18 years old andnot

old

enough to confer U.S. Natural Born Citizenship status to him.

6. Evidence points to the fact the Candidate, at the time of birth, was named .

Barack Hussein Obama, born at Coast Hospital in Mombasa, Kenya located in Coast




Province. 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.

7. 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;-coulclacquire -"natural born" United-States-citizenship-if - .-

the United States citizen parent had been physically present in the United States for ten

[10] years prior to the child's birth, five [5] of those years being after age fourteen [14].

See Nationality Act of 1940, revised June 1952; United States o(America v. Cervantes

Nava, 281 F.3d 501 (2002), Drozd v. IN.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 P8] 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 stf;l.tute. 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 hirth, 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").




8. Obama's Kenyan grandmother, Sarah Obama, has repeatedly stated Obama

was born in Kenya and she was present in the hospital during his birth. Bishop Ron

McRae, who oversees the Anabaptists Churches in North America, and Reverend K weli

Shuhubia, had the opportunity in or about October 2008 to i n t e r v ~ e w Sarah Obama.

Reverend Kweli Shuhubia went to the home of Sarah Obama located in Kogello, Kenya.

-- --ReverendKweli-Shuhubiacalled-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

K weli 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 in Kenya. Bishop

McRae asked Ms. Obama if she was present during her grandson's birth and Ms. Obama

answered, "Yes".

9. When Obama was approximately four [4] 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 any U.S. citizenship status Obama

had to a "natural" citizen of Indonesia.

10. Under Indonesian law, when a male acknowledges a child as his son, it

deems the son, in this case Obama, an Indonesian State citizen. Constitution o[Republic

ofIndonesia. Law No. 62 0[1958 concerning Immigration Affairs and Indonesian Civil




Code (Kitab Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor

Indonesie).

11. 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

"ofhis step;;father; in' thiscase;-Soetoro; See Indonesian Constitutiofi,Afticle 2.

12. Under Indonesian law, when a male aclmowledges a child as his son, it deems the

son, in this case Soetoro/Obama, an Indonesian State citizen. 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).

13. The Indonesian citizenship law was designed to prevent apatcide (stateless)

or bipatride (dual) citizenship. Indonesian regUlations recognized neither apatride nor

bipatride (stateless or dual) citizenship. Since Indonesia did 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.

14. 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 a t t e n ~ p U m l ( n ; c m l 6 ~ § I I i I i 1 n T l l ~ m t ~ H i l l ! l 9 6 l r s o r m · ] r 9 7 U ' " g ~ I I ' f l ' n d any time a child




was registered for a public school, their name and citizenship status was verified through

the Indonesian Government. See Constitution ofRepublic of Indonesia (Undang- Undang

Dasar Republik Indonesia 1945), Chapter 13, Law No. 62of

1958 (all citizensof

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- fot-Scfetorot6 have-attended -schooli!'! J a k : a r t a : ~ - 1 f i d o f i e s i a l e g a n y

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 LAWDIGEST 02;

15. Since Indonesia did 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.

16. As a result of Obama's Indonesian "natural" citizenship status, Obama

could regain U.S. "natural born" status,if

hein

fact he ever held such, which

Objector doubts.

17. 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 the United States; in which case, Obama would have received a Certification of

Citizenship indicating he was "naturalized".

18. Objector is informed, believes and thereon alleges Soetoro was never

naturalized in the United States after his return. Obama was ten [10] years old when he

returned to Hawaii to live with his grandparents. Obama's mother did not return with

- -hirtl: -- Therefore; Obarrra's-mother did not-apply forcitizetiShipfot- - O b a m ~ f i h -the-United-

States. If citizenship of Obamahad been applied for in 1971, Obama would have a

Certification of Citizenship.

19. Since Obama has declared in his Candidate's Affidavit that he is eligible

for the Office ofPresident, therefore, the burden ofproving 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, proofmust be by Obama.

20. 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's United States "natural born" citizenship status, but instead, it must be mandated

that Obama provide his "long form" Birth Certificate bearing the doctor's signature ofhis

birth.

21. These facts indicate that Obama is an Indonesian citizen, and therefore he is

no t eligible to be President of he United States and no t qualified to be a Candidate in the

Commonwealth ofPennsylvania for the Office ofUnited States President.

Objections to the Nomination of Obama for Office of he Presidency 7



22. 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 Officeof

Presidentof

he United States.

WHEREFORE, Objector, Philip J. Berg, Esquire prays that the Nomination

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 r e q ~ i r e m e n t s for the Office of the United States

President.

Respectfully submitted,

Dated: February 23, 2012

Philip J. Berg, Esquire

Objector inpro se




VERIFICATION OF PIDLIP J. BERG. ESQUIRE

I, PHILIP J. BERG, ESQUIRE, hereby state that I am the Objectorin

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

to unsworn falsification to authorities.

Dated: February 23, 2012


.. -_ ._-_ ...._ . _._.- .. - .- _ ._--_.-.._.



EXHIBIT "A"




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2012-02-23 - PA - BERG v Obama - Primary Ballot Challenge - 186 MD 2012

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