Philip J. Berg
Encyclopedia
Philip J. Berg is an American activist attorney who brought a RICO lawsuit charging president George W. Bush
and 154 others with complicity in the 9/11 attacks, and another suit challenging the eligibility of Barack Obama
to become President of the United States
.
of U.S. Supreme Court Justices Sandra Day O'Connor
, Antonin Scalia
, and Clarence Thomas
due to their participation in the case Bush v. Gore
. In 2004, Berg filed a Racketeer Influenced and Corrupt Organizations Act
(RICO) lawsuit on behalf of a World Trade Center
maintenance worker against President George W. Bush
and others alleging that the Bush and certain government officials conspired to bring about the September 11, 2001 attacks
on the World Trade Center. The federal district court dismissed the suit. He challenged President George W. Bush on his right to conduct a war against terror and another against Saddam Hussein
without a congressional authorization.
by former clients on whose behalf Berg had neglected to file a response to a complaint in an ERISA lawsuit, resulting in a default judgment being entered against the former clients. Berg responded by bringing into the malpractice suit the plaintiffs in the ERISA action on a claim of fraud upon the court. The ERISA plaintiffs moved for summary judgment—which was granted after Berg failed to respond to the motion—and then moved for sanctions
against Berg. Berg again failed to file a response.
On June 2, 2005, U.S. District Judge J. Curtis Joyner
granted the motion for sanctions, finding that the fraud claim was "was inadequately pled, not grounded in fact, time-barred, and utterly irrelevant to the pending malpractice action against him." Observing that an attorney's signature on a complaint constitutes, among other things, a certification that the signer has conducted a reasonable inquiry into the grounds for the claim asserted, the court further found that "even the most limited investigation would have revealed that [Berg] had no standing to raise such a claim." The court also found that Berg's claim was motivated by a "desire to harass" and "delay litigation." The court fined Berg $10,000 and ordered him to attend six hours of ethics training.
This 237-page civil lawsuit included allegations pursuant to the RICO
(Racketeer Influenced and Corrupt Organizations Act) against The United States Of America, the Federal Emergency Management Agency
, the Department of Homeland Security, George Herbert Walker Bush, George Walker Bush, Richard Cheney, Donald H. Rumsfeld,and numerous others, totaling 156 defendants in the U.S. District Court for the Eastern District of Pennsylvania.
This lawsuit made hundreds of allegations including allegations that the Twin Towers were destroyed by means of "controlled demolitions;" that members of the FDNY were ordered, on instructions of the CIA, not to talk about it; that the FDNY conspired with Larry Silverstein
to deliberately destroy 7WTC; that projectiles were fired at the Twin Towers from “pods” affixed to the underside of the planes that struck them; that FEMA is working with the US government to create “American Gulag” concentration camps which FEMA will run once the federal government’s plan to impose martial law is in place; that phone calls made by some of the victims, as reported by their family members, were not actually made but were "faked" by the government using "voice morphing" technology; that a missile, not American Airlines Flight 77, struck the Pentagon; that United Airlines Flight 93 was shot down by the U.S. military; that the defendants had foreknowledge of the attacks and actively conspired to bring them about; that the defendants engaged in kidnapping, arson, murder, treason, conspiracy, trafficking in narcotics, embezzlement, securities fraud, insider trading, identity and credit card theft, blackmail, trafficking in humans, and the abduction and sale of women and children for sex.
The matter was transferred to the Southern District of New York on May 2, 2005.
On June 26, 2006, the court dismissed the claims against the USA, DHS, and FEMA, and gave the plaintiff until July 7, 2006 to show cause why his lawsuit should not be dismissed with respect to the other 153 defendants.
The plaintiff failed to do so, and the court dismissed all of the claims against all of the remaining 153 defendants on July 17, 2006.
Berg filed a complaint in federal district court on August 21, 2008, against Democratic Party presidential nominee Senator Barack Obama
, the Democratic National Committee and the Federal Election Commission, alleging that Obama was born actually in Mombasa
, Kenya
and that the "Certification of Live Birth" on Obama's website is a forgery. The court dismissed the complaint as "frivolous and not worthy of discussion." The judge also found that the harm Berg alleged did "not constitute an injury in fact" and that Berg's arguments to the contrary "ventured into the unreasonable." Berg filed a petition for writ of certiorari to the United States Supreme Court and also sought an injunction
to suspend the election. The injunction was denied by Justice David Souter on November 3, 2008. Berg also sought an application for injunction pending the disposition of the petition for writ of certiorari; Justice Souter denied it, Berg refiled and submitted it to Justice Anthony Kennedy
(who denied it), then refiled and submitted it to Justice Antonin Scalia
, who referred it to the Court. On January 12, 2009, the Supreme Court denied Berg's petition for writ of certiorari, and on January 21 the Court denied the application for injunction.
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
and 154 others with complicity in the 9/11 attacks, and another suit challenging the eligibility of Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
to become President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
.
Activism
Berg has involved himself with several controversial political cases. In 2001 he demanded the disbarmentDisbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
of U.S. Supreme Court Justices Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
due to their participation in the case Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
. In 2004, Berg filed a Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO) lawsuit on behalf of a World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
maintenance worker against President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
and others alleging that the Bush and certain government officials conspired to bring about the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
on the World Trade Center. The federal district court dismissed the suit. He challenged President George W. Bush on his right to conduct a war against terror and another against Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
without a congressional authorization.
Malpractice and ethics violations
Berg was sued for legal malpracticeLegal malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client...
by former clients on whose behalf Berg had neglected to file a response to a complaint in an ERISA lawsuit, resulting in a default judgment being entered against the former clients. Berg responded by bringing into the malpractice suit the plaintiffs in the ERISA action on a claim of fraud upon the court. The ERISA plaintiffs moved for summary judgment—which was granted after Berg failed to respond to the motion—and then moved for sanctions
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
against Berg. Berg again failed to file a response.
On June 2, 2005, U.S. District Judge J. Curtis Joyner
J. Curtis Joyner
J. Curtis Joyner is a United States federal judge.Born in Newberry, South Carolina, Joyner received a B.S. from Central State University, Ohio in 1971 and a J.D. from Howard University School of Law in 1974. He also attended the National Judicial College, University of Nevada at Reno. He was a...
granted the motion for sanctions, finding that the fraud claim was "was inadequately pled, not grounded in fact, time-barred, and utterly irrelevant to the pending malpractice action against him." Observing that an attorney's signature on a complaint constitutes, among other things, a certification that the signer has conducted a reasonable inquiry into the grounds for the claim asserted, the court further found that "even the most limited investigation would have revealed that [Berg] had no standing to raise such a claim." The court also found that Berg's claim was motivated by a "desire to harass" and "delay litigation." The court fined Berg $10,000 and ordered him to attend six hours of ethics training.
RICO lawsuit, Rodriguez v. Bush
In October 2004, Berg filed Rodriguez v. Bush, accusing the President of the United States and 155 other parties of complicity in the 9/11 attacks.This 237-page civil lawsuit included allegations pursuant to the RICO
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(Racketeer Influenced and Corrupt Organizations Act) against The United States Of America, the Federal Emergency Management Agency
Federal Emergency Management Agency
The Federal Emergency Management Agency is an agency of the United States Department of Homeland Security, initially created by Presidential Reorganization Plan No. 1 of 1978 and implemented by two Executive Orders...
, the Department of Homeland Security, George Herbert Walker Bush, George Walker Bush, Richard Cheney, Donald H. Rumsfeld,and numerous others, totaling 156 defendants in the U.S. District Court for the Eastern District of Pennsylvania.
This lawsuit made hundreds of allegations including allegations that the Twin Towers were destroyed by means of "controlled demolitions;" that members of the FDNY were ordered, on instructions of the CIA, not to talk about it; that the FDNY conspired with Larry Silverstein
Larry Silverstein
Larry A. Silverstein is an American businessman, and real estate investor and developer in New York City.Silverstein was born in Brooklyn, and became involved in real estate, together with his father, establishing Silverstein Properties...
to deliberately destroy 7WTC; that projectiles were fired at the Twin Towers from “pods” affixed to the underside of the planes that struck them; that FEMA is working with the US government to create “American Gulag” concentration camps which FEMA will run once the federal government’s plan to impose martial law is in place; that phone calls made by some of the victims, as reported by their family members, were not actually made but were "faked" by the government using "voice morphing" technology; that a missile, not American Airlines Flight 77, struck the Pentagon; that United Airlines Flight 93 was shot down by the U.S. military; that the defendants had foreknowledge of the attacks and actively conspired to bring them about; that the defendants engaged in kidnapping, arson, murder, treason, conspiracy, trafficking in narcotics, embezzlement, securities fraud, insider trading, identity and credit card theft, blackmail, trafficking in humans, and the abduction and sale of women and children for sex.
The matter was transferred to the Southern District of New York on May 2, 2005.
On June 26, 2006, the court dismissed the claims against the USA, DHS, and FEMA, and gave the plaintiff until July 7, 2006 to show cause why his lawsuit should not be dismissed with respect to the other 153 defendants.
The plaintiff failed to do so, and the court dismissed all of the claims against all of the remaining 153 defendants on July 17, 2006.
Lawsuit concerning Barack Obama
Berg filed a complaint in federal district court on August 21, 2008, against Democratic Party presidential nominee Senator Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, the Democratic National Committee and the Federal Election Commission, alleging that Obama was born actually in Mombasa
Mombasa
Mombasa is the second-largest city in Kenya. Lying next to the Indian Ocean, it has a major port and an international airport. The city also serves as the centre of the coastal tourism industry....
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
and that the "Certification of Live Birth" on Obama's website is a forgery. The court dismissed the complaint as "frivolous and not worthy of discussion." The judge also found that the harm Berg alleged did "not constitute an injury in fact" and that Berg's arguments to the contrary "ventured into the unreasonable." Berg filed a petition for writ of certiorari to the United States Supreme Court and also sought an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to suspend the election. The injunction was denied by Justice David Souter on November 3, 2008. Berg also sought an application for injunction pending the disposition of the petition for writ of certiorari; Justice Souter denied it, Berg refiled and submitted it to Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
(who denied it), then refiled and submitted it to Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, who referred it to the Court. On January 12, 2009, the Supreme Court denied Berg's petition for writ of certiorari, and on January 21 the Court denied the application for injunction.