Posted by: thescoundrel | October 26, 2008

Judge Avoids Deciding on Barack Obama’s Citizenship Status

This week a Federal Judge had the chance to calm rampant rumors surrounding Barack Obama’s legal birth status. Instead he chose to punt! When faced with the chance to handle a political hot potato, Judge Surrick dismissed the case by claiming that an American citizen does not have enough status to challenge a political candidates legal birth status. I suppose the question becomes if not a citizen, then who does? The judge missed a chance to answer a question about Barack Obama that has been growing and creating widespread curiosity. The Judge could have forced the measure and settled the rumor as fact or fiction. Instead the judge tucked tail and ran the other way. And with his cowardly decision to avoid either confirming or squashing the rumor: the judge has only added to the conspiracy legend. In an age where every word and document is carefully scrutinized and then exchanged across the Internet – the integrity of the fax sent by the judge has been called into question and has now become part of an even larger conspiracy theory! The claims surrounding the authenticity of Barack Obama’s legal citizenship are either factual or fraudulent: the American citizenry deserved the chance to know. In an act of cowardice, the judge has made a bad situation even worse.



  1. the integrity of the fax sent by the judge has been called into question and has now become part of an even larger conspiracy theory!

    It’s just more misinformation.

    Here is the pdf of the ruling on Berg’s own website. It was created from the FAX sent to Berg by Judge Surrick:

    045_Obama, Judge Surrick Ruling 10 24 2008.pdf

    As you can see, there is no date/time stamp on the bottoms of the pages.

    Again, this is from the pdf file posted by Berg on his own website.

    The notion that Surrick was “sent” the ruling is simply nonsense.


  2. Thanks for continuing to write about this. This isn’t a smear attempt, just an attempt to answer a critical question. But, I guess America doesn’t care. And you’ll never hear this in the mainstream.

  3. The thing is that the Judge had a chance to help settle this issue and for whatever his reasons, he chose to avoid the problem. The ruling is a personification of leadership in this country; Do not make a decision, find a way to pass the buck. The charges are fact or fiction – allow each side to make their points, then make a decision. Some people will agree with whatever decision is made, others will disagree. But that was the Judges job, make a decision. He chose to pass on making a decision. Why do we need a judge if they are not going to make a decision? Once he made the decision he did – more conspiracy theories were bound to appear. All he has done is add to the confusion and anger!

  4. Punting seems to be the name of the game.

    Concerning the “proof” about Obama’s supposed affair, the guy with the goods says he won’t release the information until AFTER the election because he doesn’t want to influence the election.


    Hey, what ever happened to that tape that had Michelle Obama ranting about “whitey”?

    Anyone who thinks judicial appointments aren’t important just isn’t paying attention.

  5. thesoundrel wrote:

    The thing is that the Judge had a chance to help settle this issue and for whatever his reasons, he chose to avoid the problem.

    What he chose to do was to follow some rather well established precedent with regard to the plaintiff having standing to bring the suit in the first place. Something which his capacity binds him to do.

    The charges are fact or fiction – allow each side to make their points, then make a decision.

    If you read the case, you will find that the decision was made with the assumption that the charges were true.

    But that was the Judges job, make a decision. He chose to pass on making a decision.

    Except he did make a decision. A decision based on more than ample precedent and with the assumption that the charges were true.

    It all hinges on plaintiff’s standing. If a plaintiff doesn’t have standing to bring the case in the first place, all else is moot.


  6. Let us suppose you were right and that Obama was not born in Hawaii.

    He WAS born in Hawaii. I’ve seen pictures of his birth certificate and there is a confirming notice in the Hawaii Advertiser.

    Moreover the guy who is bringing the suit has never shown his alleged evidence. He claims that he has an audio tape from his Kenyan grandmother, which of course could be from any old Kenyan woman. And even if it is the grandmother, she could be confusing him with some other grandkid. Good evidence would be something from the Kenyan records showing that Obama’s mother had traveled to Kenya at the time of his birth. There’s absolutely no evidence of that, not even a claim that the guy has evidence.

    The usual procedure when you want to prove something is that you produce the evidence to prove it. You do not claim that the other side’s not producing evidence against what you say is proof of what you say.

    But suppose on a wild chance that this was wrong.

    Suppose that Obama were born outside the USA. Suppose that this fact were to be proven before the election. Would this make McCain president? No. It would merely make Joe Biden the presidential candidate of the Democratic party.

    Would Biden win just like Obama would? Sure.

    Would he win even bigger than Obama would? Maybe. You can’t call him inexperienced or a terrorist or a friend of Ayers, nor would people who vote against Obama because of his race or alleged Arab ties or alleged Moslem religion vote against Biden.

    Biden would get all the votes of Obama and maybe a few more.

    Suppose it was proven after the election. Would that make McCain the president? No. If the Congress really bought the fact that Obama was not naturally born in the USA, and that Obama was not eligible to be president (which is a stretch because it is controlled by Democrats), then Biden would be president. If it were to go to the Supreme Court (which is a stretch because the court in the past said that the House of Representatives has to decide such things), then would they give the election to McCain? No, at most they would give it to Biden.

    So, what is the point?

  7. What he did was make a decision to not address the lawsuit. He looked long enough until he could find a technicality that he could use to avoid dealing with the issues.

    I am not so sure that if the decision had been made that the birth certificate was illegal Joe Biden would be running in his place. By all rights Hillary Clinton was second in line. The Biden choice would be true after the election – assuming his name did not come up in some legal collusion issues. Which, by the judge avoiding the real issues behind the lawsuit, could very well become an issue after the election. One “rumor” scenario I have read has suggested that several people within party leadership already knew about the supposed questions behind the birth certificate authenticity. Assuming Obama’s COLB does prove out to be a phony, then any politicians with knowledge about it, could also find themselves in legal trouble. The Judge could have avoided all this by bringing in all the participants and their information then ruling on the actual lawsuit instead of using a technicality to avoid the lawsuit. Now this is only going to get more contentious. Instead of solving a problem the judge has made it worse. And even if the birth certificate could clear Obama it will dog him because now the conspiracy theories will grow exponentially. The lawsuits are starting to pop-up in several states. The only way this has any hope of settling down is if the appeal is accepted and the information is judged for it’s validity.

    QCEx, I do not know what to think about the “Michelle” tapes. I can understand why they would not use them. Still if they are out there they will eventually surface. It might even be after the campaign is over. In the end the information may be owned by someone looking for a payoff or that may have already received a payoff for holding off on the information. There are too many variables to guess. But I am guessing the DNC would be willing to pay plenty to keep the information silent until after the elections are over.

  8. An interesting link:

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