C:\Documents and Settings\DAD\My Documents\BarackObama Motion for TRO.doc 1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE :

:

 Plaintiff :

 vs. : CIVIL ACTION NO. __08-CV-4083

:

BARACK HUSSEIN OBAMA, a/k/a :

BARRY SOETORO, a/k/a :

BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED

BARACK DUNHAM, a/k/a :

BARRY DUNHAM, THE :

DEMOCRATIC NATIONAL :

COMMITTEE, THE FEDERAL :

ELECTION COMMISSION AND :

DOES 1-50 INCLUSIVE :

:

Defendants :

PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING 

ORDER AND FOR EXPEDITED DISCOVERY

NOW COMES the Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”]

and respectfully requests this Honorable Court to grant A Temporary Restraining Order

and for Expedited Discovery on the following grounds:

1. In order to be eligible and qualified to run for Office of the President you

must be a “natural born” citizen. United States Constitution, Article II, Section I.

2. Obama claims he was born in Hawaii however, his grandmother in Kenya,

brother and sister claim they were present during Obama’s birth in Kenya.

3. Obama’s mother was not old enough to have met the residence requirements

to have Obama registered as a “natural born” citizen if fact Obama was born in Kenya. 

4. If in fact Obama was born in Kenya, the laws on the books at the time of his birth

stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his
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mother, Stanley Ann Dunham, Defendant’s mother would have had to live ten (10) years in

the U.S., five (5) of which were after the age of fourteen (14). At the time of Defendant’s

birth, his mother was only eighteen (18) and therefore did not meet the residency

requirements under the law to give her son (the Defendant) U.S. Citizenship. The laws in

effect at the time of Defendant’s birth prevented U.S. Citizenship at birth of children born

abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the

age of nineteen (19) at the time of the birth of the child. Defendant’s mother did not qualify

under the law on the books to register Defendant as a “natural born” citizen. Section

301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8

U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182. Obama would have only been

Naturalized and a Naturalized citizen is not qualified and/or eligible to run for Office of the

President. U.S. Constitution, Article II, Section I, Clause 4.

5. Even if Obama’s birth could have been registered as “natural born” in the United

States, Obama lost his United States Citizenship when his mother, Stanley Ann Dunham

married Lolo Soetoro, a citizen of Indonesia and relocated with Obama to Indonesia,

where Obama spent four (4) years. The first requirement is that naturalization must be

achieved through “application.” This means that naturalization affected through workings of

law is not effective to produce loss of citizenship. Such type of naturalization occurs, for

example, when a person acquires a foreign nationality by marriage to a national of that

country. Nationality Act of 1940, Section 317(b).

6. As stated above, The Nationality Act of 1940 provided for the loss of

citizenship when the person became naturalized upon the naturalization of his or her

parent having custody of such person. Obama’s mother expatriated her U.S. Citizenship
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when she married Lolo Soetoro, a citizen of Indonesia and relocated her and her son

(Defendant) to Indonesia.

7. Obama’s mother failed to take the oath in order to regain her U.S.

Citizenship. Therefore, Obama would not have been able to regain his U.S. Citizenship

until he turned eighteen (18) years after he took the oath of allegiance before a diplomatic

or consular officer of the United States, or in the U.S. before the Attorney General or the

judge or clerk of court. Plaintiff is informed, believes and thereon alleges Defendant

failed to regain his citizenship by taking the oath of allegiance. Since the oath of

allegiance would have been entered in the records of the appropriate embassy, legation,

consulate, court or the Attorney General, if Plaintiff is incorrect, then Defendant should

be able to produce in Court a certified copy of the proceedings, including a copy of the

oath administered.

8. Defendant and his Campaign office have been asked for Defendant’s

Certificate of Birth in order to prove he is a “natural born” citizen as required by the U.S.

Constitution.

9. After many attempts of the public to obtain Defendant’s Certificate of

Birth, a Hawaiian Certificate of Live Birth (COLB) was placed on Defendant’s campaign

website. However, as posted all over the internet three (3) independent Document

Forensic Experts performed extensive Forensic testing on the Certificate of Live Birth

posted on Defendant’s campaign website. The Forensic Expert findings were the

Certificate of Live Birth (COLB) was in fact a forgery. It was further discovered the

original Certificate of Live Birth which had been altered and forged was issued to Maya

Kasandra Soetoro, born in 1970. Maya Kasandra Soetoro is Defendant’s half sister who
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was born in Indonesia and her birth was later registered in Hawaii. The altered and

f o rge d C OLB is stil l on Defe ndant’s we bsite located a t

http://my.barackobama.com/page/invite/birthcert

10. Further discovery and investigation led to Defendant’s State Bar

Registration and Public Disciplinary Record. On the Illinois State Bar Registration and

Public Disciplinary Record it specifically asks for “Full former name(s). Defendant put

“None”, when in fact he went by the name Barry Soetoro, and Barry Obama. It is further

believed Defendant has used the name Barry Dunham. Defendant lied on the State

government form that he signed under the penalty of perjury.

10. The Democratic National Committee (DNC) is supposed to represent and

protect the interests of working Americans, which includes securing a Democratic

Nominee on the Presidential Election ballot who represents the Democratic vision and

who is qualified and eligible to run for Office of the President under the qualifications of

the United States Constitution. The DNC has failed to inquire into Obama’s eligibility

status.

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Grant Plaintiff’s Motion for a Temporary Restraining Order

prohibiting Obama from running for Office of the United States President;

B. Grant Plaintiff’s Motion for a Temporary Restraining Order

enjoining Defendant, The Democratic Committee from nominating Defendant

Obama as the Democratic Nominee; 
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C. Grant Plaintiff such other and further relief as the Court deems just

and proper.

Plaintiff’s Memorandum of Law in support hereof is filed concurrently.

.

Respectfully submitted,

s/ Philip J. Berg

____________________________

Philip J. Berg, Esquire

Attorney in Pro Se

555 Andorra Glen Court, Suite 12

Lafayette Hill, PA 19444-2531

Identification No. 09867

(610) 825-3134