BERG V OBAMA (FALSE CLAIMS ACT) APPEAL - Corrected Appendix Transport Room

Case: 09-5362 Document: 1230294 Filed: 02/17/2010 Page: 1
Court of Appeals Case No. 09-5362
UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT
_____________ Ο _____________
PHILIP J. BERG on his own behalf and as RELATOR on behalf of the

GOVERNMENT OF THE UNITED STATES
Plaintiff – Appellant,
v.
BARACK HUSSEIN OBAMA
Defendant – Appellee.
And
THE U.S. ATTORNEY GENERAL AND
THE U.S. DEPPARTMENT OF JUSTICE
Respondents - Appellees
____________ Ο _____________
cCORRECTED
APPELLANT’S APPENDIX
PHILIP J. BERG, ESQUIRE

555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Ph: (610) 825-3134
Fx: (610) 834-7659
Email: philjberg@gmail.com
Attorney in Pro Se and as Relator on

behalf of the Government of the
United States
1
TABLE OF CONTENTS
Page(s)
EXHIBIT “1” Appellant’s Notice of Appeal

(Docket Entry No. 23)..................................................1-2
EXHIBIT “2” The District Court’s Order of Dismissal

(Docket Entry No. 16).....................................................3
EXHIBIT “3” The District Court’s Opinion and Order

Denying Appellant’s Motion for
Reconsideration
(Docket Entry Nos. 21 and 22)..................................4-12
EXHIBIT “4” Barry Soetoro a/k/a Barack Hussein Obama’s

Indonesian School Record.......................................13-14
EXHIBIT “5” Soetoro v. Soetoro Divorce Decree.........................15-19
EXHIBIT “6” Eric Holder, U.S. Attorney General

Biography................................................................20-21
EXHIBIT “7” Office of the U.S. Attorney General

And their Functions......................................................22
CERTIFICATE OF SERVICE...........................................................23-24
i
EXHIBIT “1
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EXHIBIT “3”
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EXHIBIT "3" Pg. 7

EXHIBIT "3" Pg. 8

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EXHIBIT “4”
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EXHIBIT "4" Pg. 14

EXHIBIT “5”
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EXHIBIT "5" Pg. 19

EXHIBIT “6”
http://www.biography.com/articles/Eric-Holder-391612?part=1
Eric Holder Biography

lawyer, judge, former deputy attorney general
(1951–)
RELATED PEOPLE
• Barack Obama
• Bill (William Jefferson) Clinton
As deputy attorney general, Holder developed and issued the "Holder

Memorandum," which spelled out the guidelines for the criminal prosecution of
corporations. He also developed rules for the regulation of health care, and
assembled a task force that determined how to investigate criminal investigations
of high-ranking federal employees.
At the president's request, Holder created the organization, Lawyers for One
America. The group was designed to bring greater diversity to the law profession,
and increase pro bono work among the nation's lawyers. Holder also briefly
served under President Bush as Acting Attorney General, during the pending
confirmation of Attorney General John Ashcroft.
After serving in this position for four years, Holder joined the private sector to
work at the law firm, Covington and Burling LLC, in 2001. He continues to work at
the firm, representing clients such as the National Football League during its
investigation of quarterback Michael Vick, and the negotiation of an agreement
with the Justice Department for Chiquita Brands International.
In addition to his normal workload, Holder serves on a number of philanthropic

boards, including the Columbia University board, the Save the Children
Foundation, and Concerned Black Men, a group that seeks to help troubled
youth in D.C. He has also been nationally recognized for his work in the law
profession; he was featured in the 2007 edition of The Best Lawyers in America,
and in 2008 he was named by The National Law Journal as one of "The Most 50
Influential Minority Lawyers in America" as well as by Legal Times for being one
of the "Greatest Washington Lawyers of the Past 30 Years."
EXHIBIT "6" Pg. 20

In late 2007, Holder joined Senator Barack Obama's presidential campaign as a

senior legal advisor, and later served as one of three members on Obama's vice-
presidential selection committee. In November of 2008, it was reported that the
president-elect asked Holder to serve in cabinet as the U.S. Attorney General. If
he is nominated and confirmed by the Senate, he will become the first African-
American Attorney General in history.
He is married to obstetrician Sharon Malone. The couple has three children:

Maya, Brooke and Eric. They currently reside in Washington, D.C.
© 2008 A&E Television Networks. All rights reserved.
EXHIBIT "6" Pg. 21

EXHIBIT “7”
http://www.usdoj.gov/ag/
Office of the Attorney General
The Judiciary Act of 1789 created the Office of

the Attorney General which evolved over the
years into the head of the Department of
Justice and chief law enforcement officer of the
Federal Government. The Attorney General
represents the United States in legal matters
generally and gives advice and opinions to the
ANNUAL REPORTS President and to the heads of the executive
SPEECHES departments of the Government when so
requested. In matters of exceptional gravity or
TESTIMONY importance the Attorney General appears in
ATTORNEYS GENERAL OF person before the Supreme Court. Since the
1870 Act that established the Department of
THE U.S., 1789-PRESENT Justice as an executive department of the
OAG FOIA government of the United States, the Attorney
General has guided the world's largest law
DOJ HOME office and the central agency for enforcement
of federal laws.
EXHIBIT "7" Pg. 22

CERTIFICATE OF SERVICE
I, Philip J. Berg, Esquire hereby certify that Appellant’s was served
upon the Government via electronic filing on the ECF system, this 16th day
of February 2010, upon the following:
Eric Fleisig-Greene, Esquire

U.S. Department of Justice
DOJ Civil Division – Appellate Staff
Room 7214
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Email: Eric.fleisig-greene@usdoj.gov
R. Craig Lawrence
United States Attorney’s Office
Civil Division
555 Fourth Street N.W.
Washington, D.C. 20530
Email: craig.lawrence@usdoj.gov
Mark B. Stern
DOJ Civil Division, Appellate Staff
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
Email: mark.stern@usdoj.gov
Attorneys for Appellees Barack Hussein Obama and the Government
23
Moreover, I certify I will serve by United States Postal Service with
postage fully prepared ten (10) hard copies upon the Clerk of this Court and
one (1) hard copy upon Counsel of Record for the Appellees.
Dated: February 16, 2010 s/ Philip J. Berg

______________________________
Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Ph: (610) 825-3134
Fx: (610) 834-7659
Email: Philjberg@gmail.com
Appellant in Pro Se and as Relator on

behalf of the Government of the
United States
24

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Case: 09-5362 Document: 1230294 Filed: 02/17/2010 Page: 1

Court of Appeals Case No. 09-5362

UNITED STATES COURT OF APPEALS

PHILIP J. BERG on his own behalf and as RELATOR on behalf of the

PHILIP J. BERG, ESQUIRE

Attorney in Pro Se and as Relator on

EXHIBIT “1” Appellant’s Notice of Appeal

EXHIBIT “2” The District Court’s Order of Dismissal

EXHIBIT “3” The District Court’s Opinion and Order

EXHIBIT “4” Barry Soetoro a/k/a Barack Hussein Obama’s

EXHIBIT “5” Soetoro v. Soetoro Divorce Decree.........................15-19

EXHIBIT “6” Eric Holder, U.S. Attorney General

EXHIBIT “7” Office of the U.S. Attorney General

EXHIBIT "1" Pg. 1

EXHIBIT "1" Pg. 2

EXHIBIT "2" Pg. 3

EXHIBIT "3" Pg. 4

EXHIBIT "3" Pg. 5

EXHIBIT "3" Pg. 6

EXHIBIT "3" Pg. 7

EXHIBIT "3" Pg. 8

EXHIBIT "3" Pg. 9

EXHIBIT "3" Pg. 10

EXHIBIT "3" Pg. 11

EXHIBIT "3" Pg. 12

EXHIBIT "4" Pg. 13

EXHIBIT "4" Pg. 14

EXHIBIT "5" Pg. 15

EXHIBIT "5" Pg. 16

EXHIBIT "5" Pg. 17

EXHIBIT "5" Pg. 18

EXHIBIT "5" Pg. 19

Eric Holder Biography

As deputy attorney general, Holder developed and issued the "Holder

In addition to his normal workload, Holder serves on a number of philanthropic

EXHIBIT "6" Pg. 20

In late 2007, Holder joined Senator Barack Obama's presidential campaign as a

He is married to obstetrician Sharon Malone. The couple has three children:

© 2008 A&E Television Networks. All rights reserved.

EXHIBIT "6" Pg. 21

Office of the Attorney General

The Judiciary Act of 1789 created the Office of

EXHIBIT "7" Pg. 22

I, Philip J. Berg, Esquire hereby certify that Appellant’s was served

of February 2010, upon the following:

Eric Fleisig-Greene, Esquire

Attorneys for Appellees Barack Hussein Obama and the Government

Moreover, I certify I will serve by United States Postal Service with

Dated: February 16, 2010 s/ Philip J. Berg

Appellant in Pro Se and as Relator on

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