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In the never-ending daytime drama over Berg vs. Obama in Federal Court Friday, the Honorable Judge Surrick dismissed the case.
It's a huge wining score for the presidential contender and for his supporters however, how the decision was made is further proof over how mired and merinaded in a "cloud of suspicion" the presidential hopeful appears to be nearing the end of the 2008 election cycle.
If you recall Chicago's high powered lawfirm SIDLEY, AUSTIN is the same firm who employed Michelle Robinson Obama and Bernardine Dorn, convicted wife and self-admitted 'mad-bomber' William Ayers. Judge Surrick's former law clerk Christopher B. Seamen is now an attorney employed at the very same firm Sidley, Austin.
The fax containing the decision sent from Surrick's Chambers to Berg's office had one small problem: it contained a time stamp from another fax machine.
A fax copy of the decision from Judge Surrick, faxed to Mr. Berg from the Judge's Chambers, pages 1-36, beginning at 18:09 October 24, 2008, and that is clearly notated by the receiving fax, starting at page 01/36. Page 36/36 is marked 18:16 October 24, 2008. What is interesting is not at the TOP of the fax pages; it is at the bottom.
From Judge Surrick:
At the bottom of each page is a notation from another FAX machine, indicating the date, page number and time. Unlike the pages faxed from Judge Surrick's fax at 18:09, the "name" of the fax sender is blank, presumably so the sender's identity could not be seen, and obviously with the sender unaware that the date and time would be stamped on it. The fax began from this mystery fax at 04:55P on October 24, 2008, and ended at 05:11P.
*The time in Chicago is an hour behind Pennsylvania, and taking into account the slight few minutes that two fax machines may be off in their time settings, it could be concluded that at 4:55p CT, a law firm in Chicago began faxing the memorandum of the Judge's decision to the JUDGE, and then his office began faxing it out immediately. *
How is this possible? Simple. From all appearances, the clerk at Judge Surrick's office simply took the fax off the machine, the Judge signed it, and it was then faxed to Mr. Berg and the other attorneys involved in the case.
The question is why would a decision from the office of Judge Surrick have "fax date & time" stamp at the BOTTOM of its pages when it is faxed to the Plaintiff and Defendants? And why almost simultaneously were all of the docket links disabled on the case Berg vs. Obama in PACER- Public Access to Court Electronic Records? I checked other cases, and they weren't disabled.
There was one other odd trait in the fax, a foot note that read:
"By contrast, Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted and who underwent excessive vetting during what was one of the most hotly contested presidential primary in living memory. Pg 11"
Think about that strange twist.
