Tag Archives: Joe Biden

Philip Berg Loses ANOTHER Frivolous Case Against President Obama: Hollister v. Soetoro DEAD

The Hollister v. Soetoro case is DEAD and Philip Berg is in over his head. In the scheme, Berg found a retired Air Force Officer to claim that some day he might be called to duty again. Said officer goes on to say if he was called to duty he wouldn’t be sure if he could serve because he wasn’t positive that President Obama was a natural born citizen and on and on. Judge Robertson saw right through it and wasn’t buying Berg’s BS. This seems to happen to Berg everytime he has to do his job as a lawyer. He seems to be good at filing frivilous cases and raising money on his website but when it comes to the actual day in court, Berg has nothing. But I guess there are enough dumb people to support the lame causes he says he can win.

Looks like its time for Mr. Berg to pay the fiddler. Federal Judge James Robertson called the case “frivolous” , “Mr. Berg’s fallback brainstorm”, and seemed to direct quite a bit of anger towards Philip Berg. Judge Robertson was very upset by the way Berg has possibly hurt the legal system by filing spurious lawsuits like these. The two documents below are definitely worth a read :

—————————————————————————————————————

March 5th, 2009

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
GREGORY S. HOLLISTER,
Plaintiff,
v.
BARRY SOETORO, et al.,
Defendants.

:::::::::
Civil Action No. 08-2254 (JR)

ORDER
Plaintiff’s motion to file interpleader and deposit
funds with the court [#2] is frivolous and is denied. His motion
to shorten time for defendants to respond to his complaint [#3]
is moot and is denied. The motions of his counsel [#4, #5] for
the admission pro hac vice of Philip J. Berg and Lawrence J.
Joyce are in abeyance until the Court has had the opportunity, in
open court, to examine their credentials, their competence, their
good faith, and the factual and legal bases of the complaint they
have signed.

JAMES ROBERTSON
United States District Judge

————————————————————————————————

March 5th, 2009

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
GREGORY S. HOLLISTER,
Plaintiff,
v.
BARRY SOETORO, et al.,
Defendants.

:::::::::
Civil Action No. 08-2254 (JR)
MEMORANDUM
This case, if it were allowed to proceed, would deserve
mention in one of those books that seek to prove that the law is
foolish or that America has too many lawyers with not enough to
do. Even in its relatively short life the case has excited the
blogosphere and the conspiracy theorists. The right thing to do
is to bring it to an early end.
The plaintiff says that he is a retired Air Force
colonel who continues to owe fealty to his Commander-in-Chief
(because he might possibly be recalled to duty) and who is
tortured by uncertainty as to whether he would have to obey
orders from Barack Obama because it has not been proven — to the
colonel’s satisfaction — that Mr. Obama is a native-born
American citizen, qualified under the Constitution to be
President. The issue of the President’s citizenship was raised,
vetted, blogged, texted, twittered, and otherwise massaged by
America’s vigilant citizenry during Mr. Obama’s two-year-campaign
for the presidency, but this plaintiff wants it resolved by a
court.
The real plaintiff is probably Philip J. Berg, a lawyer
who lives in Lafayette Hill, Pennsylvania, and who has pursued
his crusade elsewhere, see Berg v. Obama, 574 F. Supp. 2d 509
(E.D. Pa. 2008), invoking the civil rights statutes, the Federal
Election Campaign Act, the Freedom of Information Act, the
Immigration and Nationality Act, and the law of promissory
estoppel.
That case was the subject of a scholarly opinion by a
judge who took Mr. Berg’s claims seriously –- and dismissed them.
Mr. Hollister is apparently Mr. Berg’s fallback brainstorm,
essentially a straw plaintiff
, one who could tee Mr. Berg’s
native-born issue up for decision on a new theory: If some
“value” could be assigned to the “duties” the plaintiff thinks he
might someday be called upon to fulfill under the Commander-in-
Chief, then those “duties” could be deposited in the registry of
this Court as the res whose distribution is to be decided by a
suit in interpleader!
The filing and service of the complaint required
private counsel to appear for President Obama and for Vice
President Biden (whose citizenship is not challenged but who was
presumably considered a necessary party in a suit seeking to
unseat the President). Those counsel have moved to dismiss,
asserting both that this Court has no jurisdiction (Rule
12(b)(1)) and that the plaintiff has stated a claim for which
relief cannot be granted (Rule 12(b)(6)).
Plaintiff having invoked both diversity and the federal
interpleader statute, 28 U.S.C. § 1355, I do have jurisdiction.
Because plaintiff’s only claim invokes the interpleader statute,
however, the suit must be dismissed for failure to state a claim.
I have already called the interpleader claim
“frivolous” in two interlocutory rulings [#10 and #14], and I do
so again here.
As the defendants noted in their motion to
dismiss, “interpleader allows a party exposed to multiple claims
on a single obligation or property to settle the controversy and
satisfy his obligation in one proceeding.” Commercial Union Ins.
Co. v. U.S., 999 F.2d 581, 583 (D.C. Cir. 1993). It is typically
used in insurance cases where the plaintiff holds property on
behalf of another but does not know to whom among several adverse
parties the property should be transferred [#9 at 8]. Resort to
interpleader is inappropriate when it “is sought for improper or
ulterior purposes.”
Wright & Miller § 1707 (3d ed. 2001).
Plaintiff has not cited a single case that lends even
colorable support to the notion that his alleged “duties” can be
the “money or property” to which the interpleader statute
applies. The interpleader suits he cites are all about money or
tangible property: American Fidelity Fire Ins. Co. v.
Construcciones Werl, Inc., 407 F. Supp 164 (D. V.I. 1975) is
about contested HUD monies; Underwriters at Lloyd’s v. Nichols,
363 F.2d 357 (8th Cir. 1966), is about insurance proceeds; Dunbar
v. United States, 502 F.2d 506 (5th Cir. 1974) is about money
seized from the mails. The only interpleader case plaintiff
cites that involves a “duty” is Bank of Neosho v. Colcord, 8
F.R.D. 621 (W.D. Mo. 1949) (Complaint, para. 12), an inapposite
decision declining to strike a cross-claim for specific
performance in an interpleader case that began, as interpleader
cases do, with the deposit of funds. This suit will accordingly
be dismissed.
Mr. Berg and Lawrence J. Joyce, an attorney who lives
in Tucson, Arizona, signed the complaint in this case.
(They
have been filing electronically although they have not been
admitted pro hac vice, see [#10].) They are agents
provocateurs –- and any attempt to sanction them for misuse of
the public and private resources that have had to be devoted to
this case would only give them a forum to continue their
provocation.
John D. Hemenway, on the other hand, is a member of
the Bar of this Court. He may have been enlisted by Messrs. Berg
and Joyce as a foot soldier in their crusade, but he is
nevertheless directly responsible to this Court for the pleadings
that have been filed on behalf of the plaintiff. Because it
appears that the complaint in this case may have been presented
for an improper purpose such as to harass; and that the
interpleader claims and other legal contentions of plaintiff are
not warranted by existing law or by non-frivolous arguments for
extending, modifying or reversing existing law or for
establishing new law, the accompanying order of dismissal
requires Mr. Hemenway to show cause why he has not violated Rules
11(b)(1) and 11(b)(2) of the Federal Rules of Civil Procedure,
and why he should not be required to pay reasonable attorneys
fees and other expenses to counsel for the defendants.

JAMES ROBERTSON
United States District Judge

Advertisements

1 Comment

Filed under Barack Obama

Citizen Wells, Philip Berg and the Scam Behind President Obama’s Long Form Birth Certificate

Whenever you have an election there are some sore sports or poor losers that will make false acusations against the candidate they didn’t want to win. This has disintigrated into the rediculous with Citizen Wells and Philip J. Berg Esq. Philip Berg has filed spurious claims in the court system claiming that president Obama is not qualified to be the President of the United States. Citizen Wells has been there with him all along the way helping him raise money. Now that these claims have worked all the way through the court system and have been thrown out all the way to the US Supreme Court. The problem I see is that Citizen Wells and Philip J. Berg are still asking for people’s money on their websites to support this spurrios legal claim that has already been through the court system . Where is this money going and how is it all being spent ? Its time for some answers.

Leave a comment

Filed under Uncategorized

Representative Sue Myrick Supports the Rich as Usual.

19880
Representative Sue Myrick (R) North Carolina supported Rush Limbaugh’s war against the poor and the middle class when she voted against President Obama’s Recovery Package. Like Limbaugh, Sue Myrick doesn’t seem to care about people that are not as fortunate as her. Sue Myrick wants more tax cuts for the rich and corporations so they can invest in sending more of our jobs overseas. Ms. Myrick has turned her back on the hundreds of thousands of unemployed workers of our state to support her rich freinds. We need to do everything possible to make sure Sue Myrick is not re-elected to public office because she doesn’t support the people, she only supports the wealthy. Myricks  plan from her own press release doesn’t do anything for people who are unemployed and in trouble, only offers more money to the same people that put our people out of work and sent our jobs overseas.

Myrick supports an alternative plan that will:

Some of the reasons why Myrick does NOT support the proposed stimulus package being voted on in Congress:

Leave a comment

Filed under Hate, Hate Crimes, Hate Speech, Republican, Republican Party, Rush Limbaugh, Uncategorized

Rush Limbaugh v. Everyone Else

It must suck to be Rush Limbaugh. It seems like the sad little man has painted himself into a corner. I listened to him say today that there are no conservatives in elected office anymore. That means to me that in Rush Limbaugh’s mind that every Republican voter is an idiot. This is coming from the genius that told all the Republicans to change parties and vote for Hillary because she would be easier to beat that President Obama in the general election. His latest stroke of genius is to state to all of his listeners that he hopes that everything that President Obama does fails. This shows you tha true nature of Rush Limbaugh. He failed miserably during the 2008 election and proved that the conservative movement has changed and that some common sense has prevailed. Now Rush, the spoiled little rich boy is going to take his ball and go home. He is just out to reek havock on the coutry and try to divide people as much as possible. Rush has soiled his repuation and probably destroyed any credibility he once had among the real conservative base. Now all he has left are conspiracy theorists,  militia types and hatemongers. One sad little man doesn’t stand a chance against the American people. When you attack your own political party and are already hated by everyone else your days are numbered. Bye Rush.

1 Comment

Filed under Barack Obama, Hate, Hate Crimes, Hate Speech, John Mccain, John Mccain's Divorce, Republican, Republican Party, Rush Limbaugh

Rush Limbaugh : De facto Leader of the Conservative Movement

I recently did some research on Rush Limbaugh, the De facto leader of the conservative movement. De Facto means something not necessarily endorsed by the law but something that is considered to be the norm in everyday use. There seems to be a leadership vacuum in the Republican Party since the conservatives were trounched in the 2008 elections. When President Obama said “Stop listening to Rush Limbaugh if you want to get things done” and didn’t refer to our elected republican leadership I would say that makes Rush Limbaugh the De Facto leader. So who is this Rush Limbaugh, the leader of the conservative movement and arch enemy of the majority of Americans that had the nerve to go out and vote for a candidate not endorsed by the great Maha Rushie as he so lovingly calls himself on his show ? Well of you take even a brief look at Rush Limbaugh you will find that the emperor has no clothes. Rush is just another hypocrite paid a bunch of money to sell commercials on a nationally syndicated radio show. On his show, Rush Limbaugh says he represents conservationism, unfortunately when you look at the life Rush Limbaugh lives, you may see anther story.

Rush Limbaugh the patriot ? When Americans were fighting a dying in Vietnam, Rush took a deferment to go to college. When he flunked out of college he got classified as medically unfit to serve either from a knee injury or a boil on his ass depending where you find the information. Either way, when he could have served the country, he sure didn’t volunteer and actually used the system NOT to serve his country.

Rush Limbaugh, the pillar of family values ? Rush Limbaugh has no children and has been married and divorced 3 times. “Limbaugh was first married on September 24, 1977 to Roxy Maxine McNeely, a sales secretary at radio station WHB in Kansas City, Mo. They were married at the Centenary United Methodist Church in Cape Girardeau, Missouri. In March 1980, McNeely filed for divorce, citing “incompatibility.” They were formally divorced on July 10, 1980.In 1983, Limbaugh married Michelle Sixta, a college student and usherette at the Kansas City Royals Stadium Club. They were divorced in 1990, and she remarried the following year.On May 27, 1994, Limbaugh married Marta Fitzgerald, a 35-year-old aerobics instructor. They were separated on June 11, 2004. Limbaugh announced on the air, “Marta has consented to my request for a divorce, and we have mutually agreed to seek an amicable separation.” The divorce was finalized in December 2004.”

Rush Limbaugh on Law and Order ? Well Rush has had a couple of legal Problems due to illegal drug use.  “On October 3, 2003 the National Enquirer reported that Limbaugh was being investigated for illegally obtaining the prescription drugs qxycodone and hydrocodone. On April 28, 2006, Limbaugh and his attorney, Roy Black, went to the Palm Beach County Jail to surrender after a warrant was issued for his arrest on the charge of  doctor shopping. According to Teri Barbera, spokeswoman for the Sheriff, during his arrest, Limbaugh was booked, photographed, and fingerprinted, but not handcuffed. He was then released after about an hour on $3,000 bail. After his surrender, he filed a “not guilty” plea to the charge. Prosecutors agreed to drop the charge if Limbaugh paid $30,000 to defray the cost of the investigation. In June 2006, Limbaugh was detained by drug enforcement agents at Palm Beach Airport shortly after cutting the deal on the painkiller charges in April. Customs officials confiscated Viagra from Limbaugh’s luggage as he was returning from the Dominican Republic. The prescription was not in Limbaugh’s name. After he was released with no charges filed,”

Rush Limbaugh the political guru ? During the 2008 election, Rush Limbaugh urged his supporters to crossover, change political parties and vote for Hillary Clinton because Obama would be harder to beat in the general election. This only reenforced that its not about conservatism, its about manipulating the political system and cheating in Rush Limbaugh’s mind. Of course John McCain lost handily. As you know, President Obama prevailed and life goes on. Rush still has his show and the conservative movement is basically dead.  Could it be time for the conservatives to find a new leader ?

CLICK HERE FOR MORE INFO ON RUSH

Leave a comment

Filed under Uncategorized

Tara Servatius and WBT Hate Radio Have NO Place in Charlotte North Carolina

There isn’t much of an target audience over at WBT-1110 if you look at the different groups of people they spew hate against. Today WBT’s newest Hate Radio Host Tara Servatius was railing against health benefits for Gay and Lesbian Couples employed by our local government. It seems Tara Servatius is promoting the redneck philosophy that straight people are better than gay people and therefore its okay to discriminate against them. I’m sure the other Hate Radio Host Keith Larson will be upset that Tara stole his thunder today. There is hardly a day that goes by that Keith Larson isn’t hateful towards the gay community. Whats even worse is there are people that actually pay Tara and Kieth to spread this kind of anti American trash. I no longer consider WBT a radio station, lets just call it what it is, a daily KKK rally.
Perhaps WBT has forgotten that 61.83% of the people in Mecklenburg County Voted for Barack Obama and 61.59% of the people voted for Kay Hagan. Perhaps when the people at WBT are being hateful towards immigrants, democrats, gay people and Muslims they may want to consider how small their audience is actually getting. It is more than obvious where WBT is heading and I won’t miss it when they are out of business. Charlotte deserves much better and somebody will fill the void with decent programming.

Leave a comment

Filed under freedom, Hate, Hate Crimes, Hate Speech, Talk Radio, WBT

US Secret Service Blames Sarah Palin for Death Threats Against President Elect Obama

According to an article in the conservative paper the London Telegraph, Sarah Palin’s hateful rhetoric is being blamed for a huge increase in the number of death threats against the president elect.

“The Secret Service warned the Obama family in mid October that they had seen a dramatic increase in the number of threats against the Democratic candidate, coinciding with Mrs Palin’s attacks.”

There have been two assassination attempts broken up and various death threats, the majority being in the white supremacist community.

“Details of the spike in threats to Mr Obama come as a report last week by security and intelligence analysts Stratfor, warned that he is a high risk target for racist gunmen. It concluded: “Two plots to assassinate Obama were broken up during the campaign season, and several more remain under investigation. We would expect federal authorities to uncover many more plots to attack the president that have been hatched by white supremacist ideologues.”

Many believe this may have caused permanent damage to Sarah Palin’s reputation and may hurt any future attempts at a political run.

“Irate John McCain aides, who blame Mrs Palin for losing the election, claim Mrs Palin took it upon herself to question Mr Obama’s patriotism, before the line of attack had been cleared by Mr McCain.”

LINK TO THE ORIGINAL STORY

Leave a comment

Filed under Barack Obama, Hate, Hate Crimes, Hate Speech, Uncategorized