Saturday, November 8, 2008

Is Phil Berg's Souter Writ of Certiorari Real?

I had previously blogged about an Atlas Shrugs report that Supreme Court Justice Souter has issued a Writ of Certiorai requiring President-elect Obama to produce the vault copy of his birth certificate. In an e-mail, Andy Martin questions Phil Berg's claim that there is a court order:

>I would be very chary of repeating Mr. Berg's claims that there is a Supreme Court order to produce a BC. Berg has repeatedly been caught lying and encouraging the dissemination or false and/or inaccurate information. I don't know if he is in fact a scam artist, but he has undoubtedly tried to scam a lot of people with false claims. I doubt the Souter order exists; I asked for a copy and got nothing. Forewarned is forearmed. There is a massive gap between aggressive advocacy and nonsense or plain lying. Berg is on the wrong side of the divide.

Andy Martin


PhilOssifur said...

I started a threaded discussion forum about Obama's birth certificate-- which might be useful because I'm inviting other bloggers on this topic where we can all interact easily-- it might be of interest to you... or not.. here it is anyway.

BigLeagues said...

I have had correspondence with Berg and Martin as well. I am more leery of Martin (given his past track record) than I am of Berg, a former Federal Prosecutor. I have been attempting to find out if the Writ exists as well. If it does I am dumbfounded why no one in the National Media has picked up on it.

Anonymous said...

It can be checked very easily:

BigLeagues said...

Anonymous, thank you for that suggestion - but I have already checked it. The request to stay the election, was of course denied by Souter . . . however, the Writ of Certiorari apparently doesn't appear on the Docket as it is a process by which the Justices request information before they decide to take on a case. That being said, everything I have read confirms that the Writ exists and that Obama and the DNC will need to respond to the Supreme Court by December 1st. After that time Phil Berg will have a chance to respond before the Justices decide whether or not Berg's case "Berg vs Obama" (thats the one that the 3rd District Court turned down) has merit. It is dumbfounding that there hasn't even been a mention somewhere about this. If Obama and the DNC try submitting that copy of a birth certificate abstract that they were passing off as a CLOB, then the Justices may grow weary of the entire situation and pursue a rather profound course of action. This election isn't official until after December 13th when the delegates cast their ballots.

addamstaft said...

No. 08-570
Title: Philip J. Berg, Petitioner
Barack Obama, et al.

Docketed: October 31, 2008
Lower Ct: United States Court of Appeals for the Third Circuit
Case Nos.: (08-4340)
Rule 11

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008 Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008 Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008 Application (08A391) denied by Justice Souter.


~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Philip J. Berg 555 Andorra Glen Court, Suite 12 (610) 825-3134
Lafayette Hill, PA 09867
Party name: Philip J. Berg
Attorneys for Respondents:
Gregory G. Garre Solicitor General (202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001
Party name: Federal Election Commission, et al.

Anonymous said...

I want to make the following points:
1) What has been filed is a Petition for a Writ of Certiorari (Cert Petition). The Writ of Certiorari is not a "process", it is a "writ from a higher court to a lower one requesting a transcript of the proceedings of a case for review".
2)The Cert Petition can be granted or denied. Rule 10 of the “Rules of the Supreme Court of the United States” offers criteria for granting of a writ.

3) A minimum of four Justices must agree to grant the petition.
4) Response to this petition must be filed by December 1, 2008.
4) The DNC does not appear to be a a party to the petition.