1.
Obama's "vault" version (certified copy of his
"original" long version) birth certificate; and
2. a certified copy of Obama's Certificate of
Citizenship;
3. a certified copy of Obama's oath of
allegiance."
In his original filing,
Berg specifically asked for those three items. Berg told
the court that "...at the time
Plaintiff's complaint was filed, Plaintiff was
requesting protections from the court in order to stop
Obama from being nominated by the DNC as the Democratic
Presidential Nominee as Obama is not eligible to serve
as President of the United States. However, Obama was
nominated by the DNC...For that reason, Plaintiff must
amend his complaint and will be amending this complaint
to file a First Amendment complaint...."
Berg argued that he felt
it was the role of the Federal
Election Commission to ensure that presidential
and congressional candidates are eligible to hold the
positions for which they were seeking, and that those
candidates run a fair and legitimate campaign.
"In vetting the presidential
candidate," Berg argued,
"the DNC and the FEC are required
to ensure the eligibility requirements pursuant to our
Constitution are met and the Presidential nominee, if
elected, is qualified and eligible to serve pursuant to
our United States Constitution. In order to be eligible
to run for the Office of President of the United States,
you must be a "natural born" citizen.
"There
appears to be no question that Defendant Obama's mother,
Stanley Ann Dunham, was a US citizen. It is also
undisputed, however, that his father, Barack Obama, Sr.,
was a citizen of Kenya. Obama's parents, according to
divorce recorded, were married on or about February 2,
1961."
"Defendant Obama
claims he was born in Honolulu, Hawaii. on August 4,
1961 and it is uncertain in which hospital he claims to
have been born. Obama's grandmother on his father's
side, his half-brother and half-sister all claim Obama
was born not in Hawaii but in Kenya. Reports reflect
that Obama's mother traveled to Kenya during her
pregnancy; however, she was prevented from boarding a
flight from Kenya to Hawaii. at her late stage of
pregnancy (which apparently are normal restrictions, to
avoid births during flights). By these reports, Stanley
Ann Dunham Obama gave birth to Obama in Kenya, after
which she flew home and registered Obama's birth. There
are records of a "registry of birth" for Obama, on or
about August 8, 1961 in the public records office in
Hawaii."
Berg's investigators
revealed that Obama's own half-sister Maya Soetoro—with
whom he was raised—seemed not to know where her own
brother was born. In the Nov., 2004 interview by the
Rainbow Newsletter Maya Soetoro said Obama was born on
Aug. 4, 1961 at Queens Medical
Center in Honolulu, Hawaii. In February, 2008
Maya was interviewed by the Star Bulletin. This time she
told reporters that Obama was born on August 4, 1961 at
the Kaliolani Medical Center for
Women and Children. On June 9, 2008 Wayne Madsen,
a journalist with Online Journal published an article in
which he said a research team went to Mombassa, Kenya
and located a Certificate registering the live birth of
Barack Hussein Obama, Jr. to his father, a Kenyan
citizen and his mother, a US citizen.
Berg's argument to the
court was that under the US
Nationality Act of 1940, Section 317 (b), a minor
child follows the naturalization and citizenship status
of his or her custodial parent. In Obama's case, Berg
argued, a minor child follows the naturalization and
citizenship status of his or her custodial father.
Obama's Indonesian stepfather, Lolo Soetora signed a
statement acknowledging Obama as his son, giving Obama
natural Indonesian citizenship, which explains the name
"Barry Soetoro" and his citizenship listed as
Indonesian. Loss of US citizenship, under US law in
effect in 1967 required that foreign citizenship be
achieved through "application." Which, according to
Berg, is precisely what happened to Obama when his
mother married Soetoro and the family moved to
Indonesia.
When Obama and his
mother moved to Indonesia, Obama had already been
enrolled in school—something that could not have
happened under Indonesian law if Soetoro had not signed
an acknowledgment (the application) affirming that Obama
was his son, it deemed his son to be an Indonesian State
citizen. (Citizenship of Republic of Indonesia, Law No.
9 of 1992 dated 31 mar. 1992, Indonesia Civil Code):
"...State children of Indonesia
include: (viii) children who are born outside of legal
marriage from foreign State citizen mother who are
acknowledged by father who is Indonesian State citizen
as his children and that acknowledgment is made prior to
children reaching 18 years of age or prior to marriage;
Republic of Indonesia Constitution, 1945."
Furthermore, under Indonesian law, if a resident
Indonesian citizen married a foreigner—in this case,
Lolo Soetoro marrying Stanley Ann Obama—she was required
to renounce her US citizenship.
In his lawsuit, Berg
demanded a copy of Obama's Certificate of Citizenship, a
document Obama must have applied for to regain his
citizenship—which was lost in Indonesia. He will have
that document only if the proper paperwork was filed
with the US State Department when Obama returned to
Hawaii in 1971 since that is the only way Obama could
regain his US "natural born" status. Berg is convinced
that Obama was never naturalized in the United States
after his return. Obama returned to his maternal
grandparents in Hawaii without his mother. Since she is
the only one who could have filed for the reinstatement
of his citizenship, it is unlikely it ever happened. If
it did, his Certificate of Citizenship would affirm his
right to seek the office of President. Without it,
Barack Obama is just another resident alien who can't
legally hold his seat in the US Senate.
© 2008
Jon C. Ryter - All Rights Reserved