What's Your Evidence?

The Birther Lawsuits: Status & Summary

This Blog was first published in August 2008, when the first "birther" case was filed by Mr. Philip Berg in Federal District Court of the Eastern District of Pennsylvania. It was initially published to fill a void by providing a fact-based analysis of the various birther theories.

Since then, more than 100 additional "birther" cases have been filed. At least 50 such cases have been dismissed, including many cases that the courts dismissed sua sponte, before Defendants were required to respond. Additionally, many new "shocking discoveries" have splattered over the www in the past year, with promises that this time, the "smoking gun" has been found that will prove the birthers right. To date, those believing such promises have been sorely disappointed.

Thankfully, over the last 13 months, several other great blogs have been published, which debunk birther myths and examine new "evidence" and legal theories offered by the birthers.

Because this blog was initially started to fill a void that no longer exists thanks to these other great blogs, we have discontinued updates on the various birther theories, although we will continue to maintain the research previously published here - see below for an outline of these issues. However ...

For the latest developments, we recommend ...

Subscribe to Jack Ryan's Scribd page to get copies of all the birther court filings and other relevant documents.

Check out Fogbow for the latest birther news.

Blogs:  There are many good ones, and we worry that we might not have named them all, so please let us know if we forgot to list one, but these are our top four choices.

Obama Conspiracy Theories:  This is probably the most comprehensive and current blog addressing various birther theories. Doc Conspiracy addresses much of the information here -- and much much more -- in magazine-syle articles that are easy to read and understand.

Native & Natural Born Citizenship Explored:  This is another blog that provides frequent updates and information on various birther claims. NBC has focused a lot on the military birthers and has some great stuff.

Bad Fiction:  This is the best blog for information on the community of birthers. The blogger provides "this week in birthers" summaries of all the various activities by the birther attorneys, bloggers, and other commentors.

Barackryphal: This blog focuses on a few discreet issues - but the blogger "breaks news" with terrific original research. One primary focus of research on this blog is the claims of and person behind the "Ron Polarik" COLB forgery claims.

Oh For Goodness Sake: This blog combines breaking news in birther land with hilarious commentary on the birther cast and crew.

Thanks so much for all your support!!!

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So far, we have considered the following claims set forth in Mr. Berg's pleadings:

BIRTH CERTIFICATE / FORGERY CLAIMS

• Was Obama's COLB Forged? Did Obama Post a Forged COLB on his Campaign's Website? (Updated 12/30)
  
  
  • More - Polarik's Claims (Updated 12/29)
    
    
  • More - Reports that Obama's COLB is Authentic (Updated 12/30)
    
    
  • Is Factcheck.org in the tank for Obama?  Is Factcheck.org owned by the Chicago Annenberg Challenge?

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KENYA-RELATED CLAIMS

• Was Obama Born in Kenya? Is Obama a Kenyan Citizen?
  
  
• Was Obama Born in Kenya? (Part 2 - Grandmother/Family Claims) (Updated 1/6)

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INDONESIA-RELATED CLAIMS

• Did Obama use an Indonesian Passport to Visit Pakistan? (Updated 1/26)
  
  
• Did Obama Become an Indonesian Citizen when His Mother, Ann Durham, Married Lolo Soetoro, and Moved to Indonesia? 

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CANADIAN BIRTH CERTIFICATE CLAIMS

• Does Obama have a Canadian Birth Certificate? (Note:  Berg does not discuss this claim in his Proposed Amended Complaint.)

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ILLINOIS BAR ADMISSION CLAIMS

• Did Obama Lie on his Illinois ARDC Lawyer Registration Form?

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BERG'S STANDING PROBLEM

• Mr. Berg's Standing Problem 
  
  
• Berg's Standing Problem - Part II 

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 THE NATURAL BORN CITIZENSHIP CLAUSE

1/23 Update: SCOTUS & "Natural Born Citizen":  A compendium of U.S. Supreme Court cases using the term "natural born citizen" in any context) - in light of claims that "native-born" citizenship or "born a US citizen" per the 14th Amendment means something different than "natural born" citizenship per Article II. 

1/5 Update: The "Natural Born Citizenship" Clause:  A compendium of cases and legal scholarship on meaning of "natural born citizenship" - in light of claimsthat a native-born US citizen who has "dual citizenship" at birth does not qualify as a "natural born" citizen under Article II.

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(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Berg v. Obama Citizenship Lawsuit: Status & Summary (Archive Link)

We retained this post because multiple other sites have linked ot it. 

However, we've updated the Status & Summary HERE.

Did Obama use an Indonesian Passport to Visit Pakistan?

As outlined in more detail below, Mr. Philip Berg alleged, in his lawsuit against Obama, that Obama used an Indonesian Passport at one point.  (Note:  Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court.  See here for current status of his appeals.)

So, the question is, what's the evidence to support these allegations? 

(Note:  If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)

Let's break the allegations down:

The Berg Complaint Allegations		Pleading Citation(s)	Evidence Cited in Pleadings
A	"Investigation further showed in 1981, Obama traveled to Pakistan ...	Complaint ¶ ¶33, 60, 68. See also Writ Petition (US Supreme Court) at 14-15.	None.
B	...using his Indonesian passport."	Id.	None.
C	"At the time of travels to Indonesia, Obama was twenty (20) years old."	Id.	None.
C1	Pakistan was so dangerous that it was on the State Department's travel ban list for U.S. Citizens.	Writ Petition (US Supreme Court) at 14
D	"He was well aware ....	Complaint ¶ ¶33, 60, 68.	None.
E	"... he maintained his Indonesia citizenship, and failed to regain his United States citizenship."	Id.	None.
F	"Indonesia does [did] not allow dual citizenship."	Id.	None.
G	"Had Obama regained his United States citizenship, he would have been traveling on a United States Passport."	Id.	None.

Analysis of "Evidence" Available on the Internet

A	"Investigation further showed in 1981, Obama traveled to Pakistan ...
What's Your Evidence?		Citation	Notes
True	"At a fundraiser in San Francisco, Ca., Sen. Barack Obama, D-Ill., claimed he had more world experience than his rivals, Sens. John McCain, R-Ariz., and Hillary Clinton, D-N.Y., and introduced a new bit of biographical information. *** "You do that in eighty countries," Obama said, "You don't know those eighty countries. So when I speak about having lived in Indonesia for four years, having family that is impoverished in small villages in Africa --knowing the leaders is not important -- what I know is the people...I traveled to Pakistan when I was in college -- I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee." This last part -- a college trip to Pakistan -- was news to many of us who have been following the race closely. And it was odd that we hadn't hear about it before, given all the talk of Pakistan during this campaign. So I asked the Obama campaign for more information. Apparently, according to the Obama campaign, In 1981 -- the year Obama transferred from Occidental College to Columbia University -- Obama visited his mother and sister Maya in Indonesia. After that visit, Obama traveled to Pakistan with a friend from college whose family was from there. The Obama campaign says Obama was in Pakistan for about three weeks, staying with his friend's family in Karachi and also visiting Hyderabad in Southern India.	See Jake Tapper, "Obama's College Trip to Pakistan," ABCNews -Political Punch, Apr. 8, 2008. About Jake Tapper.	See Conclusion.
Conclusion: Likely True; Supported by Obama Statements
Given that the ABC/Jake Tapper article contains direct quotes from Obama, and that the reporter obtained confirmation of the asserted fact from the Obama campaign, it appears more likely than not that Obama would not dispute this allegation.

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B	"...Obama traveled to Pakistan using his Indonesian passport."
What's Your Evidence?		Citation	Notes
False	None. Over the past several weeks, multiple bloggers have posted entries saying something to the effect of, "I am getting reports from different sources that Obama traveled to Pakistan in `81 with an Indonesian passport." However, the bloggers provide no documents, references to documents, or any other actual facts to support the allegation. Recently, anonymous poster(s), posted a message on multiple discussion boards to the effect that Obama admits he used an Indonesian passport. None of these post provide any evidence/citation to news story to support this claim. However, the poster(s) provide no documents, references to documents, or any other actual facts to support the allegation.	See, e.g., "Obama s Dual Citizenship Disaster," Stop the ACLU, Aug. 11, 2008. About Stop the ACLU.	See Conclusion.
False	"There are reports -- unconfirmed and largely from the same coterie that produced the Techdude fiasco[*] -- that either Republicans or Clinton operatives have scoured the hinterlands of Indonesia, Kenya, and even Pakistan -- where Obama is alleged to have entered using a non-American passport."	See "LOLo: [O]ne certificate theory crashes but new Obama citizenship doubts arise," IsraelInsider.com (Aug. 12, 2008). About Israel Insider.	*The "Techdude fiasco" is a reference to Techdude, the purported forensic expert who alleged to have proven that the birth certificate produced by Obama was forged. As noted in the article, " "The notorious "techdude" analysis is revealed as so much hot air, but that has not stopped the spread of theories about what Barack Obama may have to hide."
False	"A WND investigation could not find any proof Obama used an Indonesian passport to travel to Pakistan. However, WND noted that Pakistan in 1981 was under military rule and that it was difficult for U.S. citizens to travel to the country without assistance -- meaning, it would have been easier to enter Pakistan on an Indonesian passport."	See Drew Zahn, "Democrat sues Sen. Obama over 'fraudulent candidacy' WorldNetDaily.com, August 23, 2008. About WorldNetDaily.	See Conclusion.
Conclusion: Likely False; Not Supported by Any Verifiable Facts
Given that no evidence, or facts that could lead to evidence, has been reported by any verifiable source, it seems highly likely that this allegation is false.

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C	"At the time of travels to Indonesia, Obama was twenty (20) years old."
What's Your Evidence?		Citation	Notes
True	"...Obama said, "...So when I speak about having lived in Indonesia for four years, having family that is impoverished in small villages in Africa --knowing the leaders is not important -- what I know is the people...I traveled to Pakistan when I was in college -- I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee." *** Apparently, according to the Obama campaign, In 1981 -- the year Obama transferred from Occidental College to Columbia University -- Obama visited his mother and sister Maya in Indonesia. After that visit, Obama traveled to Pakistan with a friend from college whose family was from there. The Obama campaign says Obama was in Pakistan for about three weeks, staying with his friend's family in Karachi and also visiting Hyderabad in Southern India.	See Jake Tapper, "Obama's College Trip to Pakistan," ABCNews -Political Punch, Apr. 8, 2008 (accessed Aug. 23, 2008).	See Conclusion.
Conclusion: Likely True; Supported by Obama Statements
Given that the ABC/Jake Tapper article contains direct quotes from Obama, and that the reporter obtained confirmation of the asserted fact from the Obama campaign, it appears more likely than not that Obama would not dispute this allegation.

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C1	(At the time Obama traveled to Pakistan), Pakistan was so dangerous that it was on the State Department's travel ban list for U.S. Citizens.
What's Your Evidence?		Citation	Notes
False	A contemporaneous NYTimes article stated expressly that travel visas were available (and necessary) for Americans. We note that it appears that at least some Travel Advisories were issued for Pakistan. For example, in 1987, a travel advisory was issued, reported as follows: "Pakistan. Several foreigners have been kidnapped in Baluchistan. Those going outside the city of Quetta should travel in daylight and in groups. Avoid travel in rural parts of Sind province, especially the Dadu and Larkana districts; bandits have robbed and abducted travelers there."	See Barbara Crossette, "Lahore, A Survivor with a Bittersweet History," New York Times, June 14, 1981 (in article about travel to Lahore, Pakistan, noting that: "Tourists can obtain a free, 30-day visa (necessary for Americans) at border crossings and airports.").	See Conclusion.
	1/26 Update:  The U.S. State Department Travel Advisory to Pakistan in 1981 confirms the newspaper account: "NO. 81-33A Travel Advisory Passport Services/Bureau of Consular Affa[irs] Department of State/Wahington. D.C. 205__ AUGUST 17, 1981 TRAVEL TO PAKISTAN BEFORE TRAVELING TO PAKISTAN, AMERICAN CITIZENS SHOULD BE AWARE OF THE FOLLO[WING] UPDATED VISA REQUIREMENTS: 30 DAY VISAS ARE AVAILABLE AT PAKISTANI AIRPORTS [FOR] TOURISTS ONLY. AS THESE VISAS ARE RARELY EXTENDED BEYOND THE 30 DAY TIME PER[IOD,] TOURISTS PLANNING TO STAY LONGER SHOULD SECURE VISAS BEFORE COMING TO PAKIS[TAN.] ***"	See U.S. State Department Travel Advisory to Pakistan (hat tip: ObamaConsiracy.org)	See Conclusion.
Conclusion: Likely False; Contradicted by Contemporaneous Reporting and Not Supported by any Verifiable Facts
We have found no evidence of any State Department Travel Ban to Pakistan in 1981 and, in fact, a contemporaneous NYTimes article stated that travel visas were available (and necessary) for Americans. 1/26 Update: The US State Department Advisory directly confirms that US citizens could obtain visas to Pakistan in 1981.

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D	"*He was well aware* he maintained his Indonesia citizenship, and failed to regain his United States citizenship."
What's Your Evidence (i.e., that Obama had actual knowledge of his alleged Indonesian citizenship)?		Citation	Notes
False	None.	none found.	I could find no allegations that Obama had personal, actual knowledge that he had maintained his Indonesian citizenship and/or failed to regain his United States citizenship at the time he allegedly traveled to Pakistan in 1981.
Conclusion: Likely False; Not Supported by Any Verifiable Facts
Given that we cannot even find such an allegation (except in reference to Berg's complaint), much less any verifiable facts, it is reasonable to conclude that this allegation is false.

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E	"He was well aware he maintained his Indonesia citizenship, and failed to regain his United States citizenship."
What's Your Evidence?		Citation	Notes
Initial Note: This assumes facts not in evidence -- i.e., It assumes that Obama was, at one point, an Indonesian citizen. (See Indonesian Citizenship for more info); and It assumes that Obama lost his U.S. citizenship at some point. (See U.S. Citizenship for more info). That being said, the following information may be relevant to this allegation.
False	None.	none found.	See Conclusion.
False	"If Obama indeed possessed Indonesian citizenship as a child, it is unlikely he retains such citizenship. The country's bylaws require any Indonesian citizen living abroad for more than five years to formally declare his intention to return, otherwise risk losing his citizenship status. The law does not necessarily mean Indonesian citizenship would be immediately lost. The law can be overruled by ministerial order." "An investigation into Indonesian citizenship law and a review of Obama's biography and travels suggest the Illinois senator at one point may have been a citizen of Indonesia. That would not necessarily disqualify Obama to run for president, but it could raise loyalty concerns."	See Aaron Klein, "Was young Obama Indonesian Citizen?," WorldNetDaily, Aug. 17, 2008 (Accessed Aug. 23, 2008). About World Net Daily.	Note that the article does not conclude or even adopt the proposition that Obama had Indonesian citizenship; it merely raises the possiblity that he may have had such citzenship.
Conclusion: Factual Allegation Assumes Facts Not In Evidence
As noted above, this allegation assumes facts not in evidence/lacks foundation. Stated another way, Berg must first prove that Obama was an Indonesian citizen before he can successfully assert that Obama maintained that citizenship (see Indonesian Citizenship for more info); and Berg first must prove that Obama lost his U.S. citizenship before he can successfully assert that Obama failed to regain that citizenship (see U.S. Citizenship for more info).
Conclusion: Factual Allegation Likely False; Not Supported by Any Verifiable Facts
Given that no evidence, or facts tending to lead to evidence has been reported, it is reasonable to conclude that this allegation is false. Moreover, according to WorldNetDaily -- which is hardly an Obama apologist - even assuming that Obama may have once been an Indonesian citizen, he likely lost that citizenship.
Note re: Legal Argument
DISCLAIMER:  The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. Re: the legal conclusion stated in the WorldNetDaily article ... First, Indonesian law may be wholly irrelevant to this inquiry as, under a choice of law analysis, the Court may well apply U.S. law to this issue. See, e.g., here and here for more information. Second, the article contains a legal conclusion. I am not aware of any analysis (with applicable citations), from an attorney or legal scholar to verify this conclusion. 9/30 Update:  See also the 1952 Immigration & Nationality Act, Title III, Chapter 3, Sections 349 and 355 (available as PDF here), which was in effect in the late 1960s when Obama went to Indonesia, and which stated that a minor does not lose his US citizenship upon the naturalization of his parents (or any other actions of his parents), so long as the minor returns to the US and establishes permanent US residency before the age of 21.

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F	"Indonesia does [did] not allow dual citizenship."
What's Your Evidence?		Citation	Notes
True	According to the U.S. State Department, Indonesian law does not recognize dual nationality for adults over 18 years of age. Because of this, U.S. citizens who are also documented as Indonesian nationals may experience difficulties with immigration formalities in Indonesia. *** In July 2006 the Indonesian Parliament passed new legislation allowing children under age 18 to maintain a foreign nationality as well as Indonesian citizenship. Parents whose children hold both Indonesian and U.S. citizenship may experience difficulties with entry and exit immigration procedures until the new law is fully implemented.	U.S. State Department, Indonesia: Country Specific Information, (emphasis added)	See Conclusion.
Conclusion: Inaccurate Statement as Written, but "fixable"
Precision matters in court documents. Here, Berg alleges that "Indonesia does not allow dual citizenship." However, it appears, at least, that Indonesian law now does permit such dual citizenship for individuals under 18. That being said, giving the benefit of the doubt to Berg and assuming that he meant to say that Indonesian law did not permit dual citizenship during the relevant time .....
Note re: Legal Argument
DISCLAIMER:  The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. Re: the legal conclusion that Indonesian law [did not] permit dual citizenship. First, Indonesian law may be wholly irrelevant to this inquiry as, under a choice of law analysis, the Court may well apply U.S. law to this issue. See, e.g., here and here for more information. Second, the article contains a legal conclusion. The "credientials" of the author and/or cited law firm have not been verified.  Moreover, I am unaware of any analysis (with applicable citations), from an attorney or legal scholar applying the new law to the alleged facts at issue in this case.

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G	"Had Obama regained his United States citizenship, he would have been traveling on a United States Passport."
What's Your Evidence?		Citation	Notes
False	None.	None.	As noted above, there is no evidence, or facts leading to evidence, to support Berg's assertion that Obama used an Indonesian passport to travel to Pakistan.
Conclusion: Circular Argument & Assumes Facts Not in Evidence
Berg apparently offers this allegation to support his other allegation that Obama had Indonesian citizenship and lost his U.S. citizenship. However, as noted above, there is no evidence, or facts leading to evidence, to support Berg's assertion that Obama used an Indonesian passport to travel to Pakistan. 1/28 Update:  Moreover, the US State Department's 1981 Advisory expressly stated that Pakistani travel was permitted and that a US 30-Day visa for such travel was required. Moreover, this allegation assumes facts not in evidence/lacks foundation. Stated another way, Berg must first prove that Obama lost his U.S. citizenship, before he can successfully assert that Obama needed to regain it. (See U.S. Citizenship for more info).

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