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Phil Berg asks for reconsideration in False Claims Act appeal

Philip Berg

Crusading birther attorney (if Phil Berg isn’t a “birther”, who is?) has petitioned the 3rd Circuit Circuit Court of Appeals to have his appeal decided by a majority of the entire court after being rebuffed by a three-judge panel. This is the False Claims Act (FCA) suit, Berg as Relator vs. Obama (the the famous “sealed case” that was filed unsealed, downloaded by lots of folks, and then hastily sealed).

Under the FCA, a private citizen can claim that someone is defrauding the government, in this case Obama accepting a government salary while an “illegal alien,” and take them to court if they cannot get the government to prosecute.

Berg plays the race card in explaining why Attorney General Eric Holder wouldn’t have any of Berg’s conspiracy theories:

The Policy of United States Attorney General Eric Holder not to prosecute “blacks” in voting rights cases should be no surprise as A.G. Holder has refused to prosecute Barack Hussein Obama in the False Claims Act [Qui Tam] case of Berg as Relator vs. Obama.

Hmmm. I thought Berg was a life-long member of the NAACP.

You can read the press release at Berg’s Obamacrimes.com web site, and get a tutorial there on the term “en banc”.

10 Responses to Phil Berg asks for reconsideration in False Claims Act appeal

  1. avatar
    AnotherBird August 10, 2010 at 11:59 pm #

    Doesn’t Berg release that the burden of proof still is still his responsibility. Is it possible for someone to sue Berg under the False Claims Act?

  2. avatar
    obsolete August 11, 2010 at 4:48 am #

    AnotherBird: Doesn’t Berg release that the burden of proof still is still his responsibility. Is it possible for someone to sue Berg under the False Claims Act?

    I’d rather sue Berg under the True Douchebag act.

  3. avatar
    Slartibartfast August 11, 2010 at 9:47 am #

    obsolete:
    I’d rather sue Berg under the True Douchebag act.

    The point of free speech is to get all of the douchebags to identify themselves…

  4. avatar
    Sef August 11, 2010 at 10:39 am #

    From what I understand of en Banc it is only relevant when there is a discrepancy between what the 3 judge panel has ruled & prior rulings of the appellate district. I think this will get tossed. His attempt to take this to SCOTUS will likewise get tossed.

  5. avatar
    Majority Will August 11, 2010 at 10:44 am #

    Sef: From what I understand of en Banc it is only relevant when there is a discrepancy between what the 3 judge panel has ruled & prior rulings of the appellate district.I think this will get tossed.His attempt to take this to SCOTUS will likewise get tossed.

    Berg doesn’t care. He’s just desperate for attention. He’s not very good at it.

  6. avatar
    Rickey August 11, 2010 at 10:48 am #

    Berg is currently 0-4 in petitions to SCOTUS (one of those was not an Obama eligibility case). There is no reason to believe that his record will improve.

  7. avatar
    DCH August 11, 2010 at 2:56 pm #

    Man, that Third Circuit Court has been birther central. They must have Birther Zombie blood trails running all over the floors down at the court house.

    Phil wants to come back and ask the same court that denied him in a 3-0 decision to expand the panal. Good idea! I’m sure that will work out great for him.

    I understand that the federal courts are opening up new “Birther Express Case Windows ™ – so Phil can file, have his client’s case dismissed, file an automatic appeal and have that denied all in one smooth process. For an extra $3.00 Birther Express will file for Cert with the SCOTUS. The best part is paypal is accepted!

    They’ve got it all down to one handy multiple choice filing form so the birther can mix and match his claims from the list of birther delusions and conmstruct a novel case from all the prior bonehead cases.

  8. avatar
    ASK Esq August 11, 2010 at 6:17 pm #

    Why doesn’t Berg just simplify his life and say that Obama was behind 9/11?

    And yes, I realize that I’m running the risk of starting a new birther talking point.

  9. avatar
    Slartibartfast August 11, 2010 at 7:46 pm #

    ASK Esq: Why doesn’t Berg just simplify his life and say that Obama was behind 9/11?
    And yes, I realize that I’m running the risk of starting a new birther talking point.

    Then Doc could expand the site to debunk birthers and truthers…

  10. avatar
    Keith August 12, 2010 at 12:46 am #

    Slartibartfast:
    Then Doc could expand the site to debunk birthers and truthers…

    Oh joy!