Philip J. Berg

The Pennsylvania Democrat who has sued Sen. Barack Obama demanding he prove his American citizenship – and therefore qualification to run for  president – has confirmed he has a recording of a telephone call from the senator's paternal grandmother confirming his birth in Kenya.

The issue of Obama's birthplace, which he states is Honolulu in 1961, has been raised enough times that his campaign website has posted an image purporting to be of his "Certification of Live Birth" from Hawaii.

But Philip J. Berg, a former deputy attorney general for Pennsylvania, told the Michael Savage talk radio program tonight that the document is forged and that he has a tape recording he will soon release.

"This has been a real sham he's pulled off for the last 20 months," Berg told Savage. "I'll release it [the tape] in a day or two, affidavits from her talking to a certain person. I heard the tape. She was speaking [to someone] here in the United States."

He said the telephone call was from Obama's paternal grandmother affirming she "was in the delivery room in Kenya when he was born Aug. 4, 1961."

Berg said he's pursuing the issue because of "the most important document in the United States," the U.S. Constitution.

"Nothing is more important than enforcing the Constitution," he said. "The Constitution's provisions are very small for qualifying for president. One, be over 35, and he is. Two, be in the country 14 years, and he has been. Three, be a natural-born citizen. He is not."

Obama campaign officials acknowledged the dispute by posting the image purporting to be a copy of his certification of live birth earlier this year. But they've declined to return WND requests for comment on the issues.

WND reported earlier this week Berg's claim that Obama has legally "admitted" the accusations included in his lawsuit, including that he was born in Mombosa, Kenya, by not responding to the allegations.

Berg filed suit in U.S. District Court in August alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States.

His lawsuit is demanding that the courts verify Obama's original birth certificate.

Berg has cited Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides written answer or objection to charges within 30 days, the accused legally admits the matter.

Since Obama filed only motions to dismiss the case and did not actually answer the claims, according to Rule 36, Obama has legally admitted he is not a natural-born citizen., asserted Berg, who has taken his information public through his website.

Berg addressed the existence of a birth announcement in the Honolulu Advertiser newspaper, featured on the Atlasshrugs2000 website, that suggests Obama was born in the city Aug. 4, 1961.

But Berg explained to Savage he believes Obama's mother was near the end of her pregnancy and unable to travel by plane, so Obama was born in Kenya. The family then traveled to Hawaii and registered the birth and submitted the newspaper announcement.

Besides Berg's lawsuit, several other court challenges also have been filed, including one in Washington state where petitioners are seeking to have the Washington secretary of state "verify Obama's eligibility" to serve prior to the election.

The claim states, "The 'certificate' that Mr. Obama has posted on his official Website is a 'Certification of Live Birth,' and not a 'Birth Certificate' from Hawaii. There is no indication on even this certificate as to specifically where the birth took place."

Berg also told Savage there is no information available on which hospital Obama's mother used in Hawaii.

The Washington state case also alleges, "Wayne Madsen, Journalist with Online Journal as a contributing writer and published an article on June 9, 2008, stating that a research team went to Mombassa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. at a Kenya Maternity Hospital, to his father, a Kenyan citizen and his mother, a U.S. citizen.

When Jerome Corsi, senior WND investigator reporter, recently traveled to Kenya to investigate several questions about the candidate, he was told the records were sealed and would not be made available.

Though it hasn't given Berg the evidence he seeks, the Obama campaign has publicly answered allegations that the candidate was born in Kenya and faked his Hawaii birth certificate.

"Smears claiming Barack Obama doesn't have a birth certificate aren't actually about that piece of paper," says the "Fight the Smears" section of Obama's website, "they're about manipulating people into thinking Barack is not an American citizen.

"The truth is, Barack Obama was born in the state of Hawaii in 1961, a native citizen of the United States of America," the campaign website states. It also includes images of the Hawaii certificate bearing the name Barack Hussein Obama II.

The Washington claim states, "If in fact Obama was born in Kenya, the laws on the books in the United States 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 mother, Stanley Ann Dunham, Obama's mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). At the time of Obama's birth, his mother was only eighteen (18) and therefore did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship much less the status of 'natural born.'"

Berg said he believed it also was a complication that Obama's mother divorced his father, married and moved to Indonesia for several years and Obama attended school there at a time when, Berg said, only Indonesia citizens were allowed in schools. Records that are available from Indonesia revealed Obama was registered in school as Barry Soetoro, and his religion was listed as Islam.

When Obama later returned to Hawaii, within the United States, there should have been a government document affirming his citizenship, but that also cannot be found. If that was not processed properly, Berg said, Obama would be in a situation even worse than not being a natural-born citizen.

"If he didn't go through immigration, he now is illegal and has been an illegal alien. He couldn't even hold the position of senator for Illinois," Berg said.

Further, Berg said he suspected Obama's college records may indicate he received aid as a foreigner, and that's why those records have been withheld by the campaign.

"I really think it's because it probably indicates he's from Kenya, or Indonesia, or received foreign aid," Berg said.

"I feel very confident saying these things," Berg told Savage."
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