\

_J:»hilip J. Berg, Esquire
Pennsylvania·I.D.9867
LAW OFFICES OF PHILIP J. BERG
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Telephone: (610) 825-3134
E-mail: philjberg@gmai1.com .
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 PETITION
OBJECTION'
2012 PRIMARY ELECTION FOR
OFFICE OF THE PRESIDENT OF
THE UNITED STATES
SOETORO a/k/a BARRY H. OBAMA
a/k/a BARRY H. SOETORO a/k/a
BARRY HUSSEIN OBAMA alida
BARRY HUSSEIN SOETORO,
Defendant.
COpy WENT
TO COURT
COMPLAINT
, 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 the Presidency 1
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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 Primary in
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 the
Office of President. .. "
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 time of his birth, his mother was only 18 years old and not 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
Objections to the Nomination ofObama for Office of the Presidency 2
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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").
Objections to the Nomination ofObama for Office of the Presidency 3
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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 Sarah Obama.
Reverend K weli 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
of Indonesia. Law No. 62 0[1958 concerning Immigration Affairs and Indonesian Civil
Objections to the Nomination ofObama for Office of the Presidency 4
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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
"of his 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 any time a child
Objections to the Nomination ofObama for Office of the Presidency 5
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was registered for a public school, their name and citizenship status was verified through
the Indonesian Government. See Constitution of Republic of Indonesia (Undang- Undang
Dasar Republik Indonesia 1945), Chapter 13, Law No. 62 of 1958 (all citizens of
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!'!
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 LAW DIGEST 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 he in 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
Objections to the Nomination ofObama for Office of the Presidency 6
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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- -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 of President, therefore, the burden of proving 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, proof must 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 of his
birth.
21. These facts indicate that Obama is an Indonesian citizen, and therefore he is
not eligible to be President of the United States and not qualified to be a Candidate in the
Commonwealth of Pennsylvania for the Office of United States President.
Objections to the Nomination of Obama for Office of the Presidency 7
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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 Office of President of the 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 for the Office of the United States
President.
Respectfully submitted,
Dated: February 23, 2012
Philip J. Berg, Esquire
Objector in pro se
Objections to the Nomination ofObama for Office of the Presidency 8
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VERIFICATION OF PIDLIP J. BERG. ESQUIRE
I, PHILIP J. BERG, ESQUIRE, hereby state that I am the Objector in 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
Objections to the Nomination ofObama for Office of the Presidency 9
.. _-_.. _-_ .... _ .. _ .. _.- .. - .- _ .. _--_.-.. _ ..
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EXHIBIT "A"
Objections to the Nomination ofObama for Office of the Presidency 10
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