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Barack Obama Seeks To Block Discovery in Citizenship Lawsuit
Injury Board ^ | 10/10/08 | staff

Posted on 10/10/2008 6:53:14 PM PDT by pissant

In a lawsuit styled Berg v. Obama, lawyers for Barack Hussein Obama have filed a Motion for Protective Order, seeking to block discovery until his motion to dismiss is ruled on by the court. The Motion for Protective Order filed by Obama and the Democratic National Committee, asks the court to issue a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted."

In his lawsuit, the Plaintiff, Philip J. Berg, a Philadelphia attorney, alleged that Defendant Barack Hussein Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old, to regain his U.S. citizenship status. The lawsuit raises not only the Indonesian citizenship issue but also questions whether Obama was a citizen of Kenya.

The motion to block production of documents is just the latest in a series of filings in the case, but has become a focal point of the suit. According to a web site maintained by the Plaintiff, the Plaintiff requested that three documents be produced by Obama:

1. a certified copy of Obama’s “vault” (original long version) Birth Certificate;

2. a certified copy of Obama’s Certificate of Citizenship; and

3. a certified copy of the Oath of Allegiance taken by Obama at the age of majority.

Mr. Berg asserts that if Barack Hussein Obama will produce the above documents and prove his eligibility for the Office of the Presidency, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to produce these documents to Mr. Berg.


TOPICS: Crime/Corruption; US: Hawaii
KEYWORDS: certifigate; fraud; larrysinclairslover; obama
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The RNC should join Berg's lawsuit. They certainly have standing. How about the Libetarians or the Constitution Party. Step up to the plate, fellers
1 posted on 10/10/2008 6:53:16 PM PDT by pissant
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To: pissant

This is rich, the Presidential candidate does not want to prove he is qualified to be President. How does that work again? What do we get a do over if it proves he is Kenyan?


2 posted on 10/10/2008 6:55:17 PM PDT by Tarpon (Barrack Obama will ban all the guns he has the votes for ...)
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To: pissant

There’s no good reason for him to try to block discovery...unless!


3 posted on 10/10/2008 6:56:16 PM PDT by pelicandriver
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To: pissant

Hmmm...where there’s smoke there seems to be an inferno


4 posted on 10/10/2008 6:56:16 PM PDT by Las Vegas Ron (Election '08, the year McCain defined the word "dilemma")
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To: Tarpon

Cmon now, he did post a fraudulent COLB on the Daily KOS site.


5 posted on 10/10/2008 6:56:21 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pelicandriver

ANd no good reason why the MSM isn’t covering this case. Too busy worrying why Palin fired some mid level, incompetent bureaucrat, I guess.


6 posted on 10/10/2008 6:57:30 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

I have to wonder, why hasn’t the RNC joined the suit and ask for emergency discovery?


7 posted on 10/10/2008 6:57:55 PM PDT by Tarpon (Barrack Obama will ban all the guns he has the votes for ...)
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To: Tarpon

Wow.

So what? The Dems will just in a matter of days pass a law that says you can run for Pres ONLY if you were born in the US ...
..........OR Kenya.

( there, that solved Obama’s problem. Now move along....Here comes the Messiah.)


8 posted on 10/10/2008 6:58:11 PM PDT by Recovering Ex-hippie (GOD BLESS GEORGIA! SAVE GEORGIA, OUR ALLY, NOW!)
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To: Tarpon

I have no idea.


9 posted on 10/10/2008 6:58:32 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Recovering Ex-hippie

Well, no — The laws cannot erase what was at the time ... So Buraq was a Kenyan and US citizen at the same time at the time time the laws were in effect. He therefore does not meet the naturalized citizenship qualification.

So yes they can make a new law, which covers the future, but not the past. Why wouldn’t Buraq want America to know he was Kenyan?


10 posted on 10/10/2008 7:01:27 PM PDT by Tarpon (Barrack Obama will ban all the guns he has the votes for ...)
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To: pissant

There are only two requirements to be President defined in the Constitution, and Obama refuses to provide evidence for one of them. Bwahhhhaaaahahahaahahahah!


11 posted on 10/10/2008 7:01:36 PM PDT by fhayek
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To: Recovering Ex-hippie

Can’t do that. The citizenship requirement is in the Constitution.


12 posted on 10/10/2008 7:03:09 PM PDT by Ikemeister
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To: pissant

bttt


13 posted on 10/10/2008 7:03:49 PM PDT by SuperLuminal
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To: pissant

There is the possibility that he was born in Hawaii but has something to hide. It is possible that his parents were not married at the time. But then again, we already knew that Obama was a b@stard.


14 posted on 10/10/2008 7:07:10 PM PDT by mlocher (USA is a sovereign nation)
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To: Tarpon

I do believe at the time they didn’t want to face hillary.

Since that is no longer possible, McCain should be part of the lawsuit.

Berg did add some democrats as plantiffs because they are on the committee that oversees elections. One of the names added is Diane Feinstein. I’ll bet she was surprised.


15 posted on 10/10/2008 7:13:17 PM PDT by Shooter 2.5 (NRA - Vote against the dem party)
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To: pissant

Un freakin’ believable....that the FEC, RNC, FBI and DOJ are all silent on this issue of Obama’s possible fake COLB.

I had to personally go to a NYC hospital archives for them to drag up a copy of my birth certificate before applying for a passport. That a pres. candidate does not have to produce a valid birth certificate is ATROCIOUS! Beyond insanity by this hapless, spineless govt.


16 posted on 10/10/2008 7:14:58 PM PDT by tflabo (:)
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To: pissant

As I wrote in another thread, I was just thinking about this.

If Obama was born in Hawaii, there should be a notice in the local newspaper. Newspapers always print Birth notices...saying who was born. If we know Barry’s birthday, and his hometown, his name should be in the newspaper closest to his birthday. If we do not find him listed, then he wasn’t born there.

Hospitals send the list to the newspaper. It would be in the archives.

Any Hawaii FReepers willing to look? Sit and look at endless microfilm for hours? I would really like to know the truth.


17 posted on 10/10/2008 7:18:29 PM PDT by tuckrdout (~ 'Those who hammer their guns into plows, will plow for those who don't.' ~)
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To: Shooter 2.5

Someone posted the other day that the key document was not the birth certificate. He stated the reasons why.

The sidebar reasons work in bho’s benefit....’mother was not married’, ‘father incorrect’, etc....they all play into his narrative as victim and overcoming the odds...blah..blah.

What doesn’t work is whether he is native born...for obvious reasons. He should want to put this to bed immediately unless he has something to hide.

I hope you have something to hide mr. bho. You will destroy the dem party in the process...along with thousands of msm virtual lovers.


18 posted on 10/10/2008 7:20:32 PM PDT by Doug TX
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To: tuckrdout

tuckrdot.....you’re making it obvious that you’ve done some research. That announcement has been published all over the net. As you obviously know, those announcements are not official nor are they LEGITAMATE. Produce the documents as stated in the case and everyone goes their merry way.


19 posted on 10/10/2008 7:23:39 PM PDT by Doug TX
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To: pissant
WHY is Obama fighting this? This should be a no brainer...put it out there and shut the sucker up. WHY?
20 posted on 10/10/2008 7:25:17 PM PDT by vetvetdoug (Obama lied and my 401K died.)
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To: tuckrdout
There was a birth notice filed, but it was a vanity done by his family so it doesn't necessarily prove anything



The Berg premise is that he was born in Kenya & then his mother flew to Hawaii to register his birth & put an add in the paper to list him as born in Hawaii.
21 posted on 10/10/2008 7:26:44 PM PDT by tuwood
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To: pissant

I agree. RNC always wants my money but they don’t do a damn thing for me.


22 posted on 10/10/2008 7:27:13 PM PDT by TribalPrincess2U (http://www.dailymotion.com/video/k6KUDv1wzraWhwlBt1)
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To: tflabo

Next time..tell us how your really feel!

BTW....heard tonight, Obooma would never be hired by the FBI or secret Service because of his association with Ayers. Ha. Go figure!


23 posted on 10/10/2008 7:27:59 PM PDT by Recovering Ex-hippie (GOD BLESS GEORGIA! SAVE GEORGIA, OUR ALLY, NOW!)
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To: Doug TX

I have been asking and posting about this since July 1.

Where there is smoke there is fire.


24 posted on 10/10/2008 7:28:42 PM PDT by ncfool ("Obama been lying. "Get it? Sounds Like "Osama bin Laden"?)
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To: pissant
What's holding the judge back? How much case law is there to study, research to do?? Either order that discovery occur, or deny it. This does not appear to be a complicated matter to this non-lawyer.
25 posted on 10/10/2008 7:29:59 PM PDT by elpadre (nation)
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To: elpadre

hopefully it’s because he’s in Hillary’s pocket and he’s waiting for the optimal damage timing.
Judge thinking “Hello Supreme Court in 2012”


26 posted on 10/10/2008 7:39:17 PM PDT by tuwood
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To: pissant

I still say that McCain can say Obama and the DNC are tying up the court system and all Obama has to do is just provide the proof and quit taking the court and the judges time with all these motions.


27 posted on 10/10/2008 7:42:56 PM PDT by Parley Baer
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To: pissant; Calpernia; Kevmo; Fred Nerks; null and void; george76; Polarik; PhilDragoo; FARS; ...
Thanks, pissant. I'll archive this on the long thread.

Ping.

Barack Obama Seeks To Block Discovery in Citizenship Lawsuit

http://www.freerepublic.com/focus/f-news/2102807/posts

28 posted on 10/10/2008 7:50:20 PM PDT by LucyT
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To: pissant

I heard Chris Matthews tonight talking about Obama and his “immigrant history” or something to that affect. One of the other morons on the show had to be sure and correct him that Obama is absolutely NOT an immigrant. CM was complaining about people using Obama’s middle name—how dare they!!! Makes me want to barf...


29 posted on 10/10/2008 7:55:27 PM PDT by RaiderRose
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To: vetvetdoug

Hmm No birth certificate, cloudy origin, Maybe the AntiChrist?


30 posted on 10/10/2008 8:00:51 PM PDT by Quickgun
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To: Quickgun
have you seen the dvd series, “Left Behind?” Do so and see who you think is a dead ringer for Obama in every way except race.
31 posted on 10/10/2008 8:07:08 PM PDT by elpadre (nation)
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To: LucyT

Popcorn Bump...;0)


32 posted on 10/10/2008 8:08:36 PM PDT by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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To: pissant
My son and I were musing on this topic this evening. Wouldn't it be lovely if the Chief Justice insists on seeing the vault copy of the birth certificate before proceeding with the oath of office on inauguration day? No certificate? Sorry, we can't proceed. You're not eligible.
33 posted on 10/10/2008 8:10:06 PM PDT by Myrddin
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Take a look at this thread from July 7, 2008

www.freerepublic.com/focus/news/2042198/posts


34 posted on 10/10/2008 8:15:25 PM PDT by ncfool ("Obama been lying. "Get it? Sounds Like "Osama bin Laden"?)
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www.freerepublic.com/focus/news/2042198/posts


35 posted on 10/10/2008 8:17:53 PM PDT by ncfool ("Obama been lying. "Get it? Sounds Like "Osama bin Laden"?)
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To: pissant
asks the court to issue a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction.

Federal Courts have no jurisdiction to enforce the US Constitution? Who does, then?

36 posted on 10/10/2008 8:19:14 PM PDT by gitmo (Some days you're the dog. Some days you're the hydrant.)
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To: ncfool

Here’s a working link:

http://www.freerepublic.com:80/focus/news/2042198/posts


37 posted on 10/10/2008 8:30:33 PM PDT by LucyT
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To: pelicandriver
There’s no good reason for him to try to block discovery...unless!

The motion was only to stay discovery until AFTER the judge had ruled whether or not Berg has standing to bring the case to court in the first place.

At this point, the judge still hasn't ruled on Berg's standing. And if the rulings in the two cases brought against McCain are any indication, he doesn't.

And if he's found not to have standing, then discovery is a rather moot point.

38 posted on 10/10/2008 8:47:17 PM PDT by Peerless
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To: tuwood
The Berg premise is that he was born in Kenya & then his mother flew to Hawaii to register his birth & put an add in the paper to list him as born in Hawaii.

Yes, Berg believes that he was born in Kenya, but I don't believe that Berg believes the birth was ever registered in Hawaii as a Hawaiian birth.

As to the ad in the paper, has anyone we trust verified that the image you display is from a Hawaiian newspaper? If so, what newspaper and what date? Does the announcement specify the location at which he was born? (From my experience, birth announcements usally contain the name of the hospital where the birth occurred.)

39 posted on 10/10/2008 9:00:03 PM PDT by justiceseeker93
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To: Peerless
Probably, the only type of Plaintiff that would be found by the Court to have standing in this type of case would be an opposing candidate and/or his campaign organization.

I wouldn't expect the McCain people to do something like that. Bob Barr?

40 posted on 10/10/2008 9:06:11 PM PDT by justiceseeker93
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To: gitmo
Federal Courts have no jurisdiction to enforce the US Constitution? Who does, then?

It's a question of when the federal courts can enforce the US Constitution.

Our government was structured around the concept of a separation of powers. Basically meaning that the legislative branch has its bailiwick, the executive branch has its bailiwick, and the judicial branch has its bailiwick. And it was intended that no branch would be able to undermine or usurp the powers of another.

Out of this separation of powers came the political question doctrine. Basically it says that, for example, the courts can't just step in and declare a piece of legislation unconstitutional before it's even been enacted by Congress or signed into law by the President.

That would undermine the powers of the legislative and executive branches.

So the courts would have to wait until Congress passed the legislation and the President signed it into law.

In this instance, it would be premature for the courts to involve themselves since the other mechanisms for dealing with a situation as this have yet to be played out.

For example, states may state the qualifications as to who may appear on their state ballots. However that is entirely a state question as Article II grants sole power to the states when it comes to appointing electors.

Next there are the electors, who by the Constitution are the only ones responsible for casting votes for President and Vice President. Electors may take Article II qualifications into consideration when casting their votes on December 15th.

And then there is Congress, who by statute may challenge any of the electoral votes.

So in other words, the political question doctrine says that the courts can't enforce the Constitution until such time as these other mechanisms have played out.

For a more detailed insight into this, I recommend reading the motion to dismiss filed by the RNC and John McCain in Robinson v. Bowen.

Read page 6 starting at paragraph 15 and up to page 8 at paragraph 22.

41 posted on 10/10/2008 9:09:58 PM PDT by Peerless
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To: Tarpon

What do we get a do over if it proves he is Kenyan?

As Berg says, we get a CONSTITUTIONAL CRISES.


42 posted on 10/11/2008 12:40:18 AM PDT by BILL_C (Those who don't understand the lessons of history are bound to repeat them!)
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To: BILL_C
What do we get a do over if it proves he is Kenyan?

As Berg says, we get a CONSTITUTIONAL CRISES.

Naaaah. The Constitution already anticipates such an eventuality. See the Twentieth Amendment.

43 posted on 10/11/2008 1:09:01 AM PDT by Peerless
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To: Doug TX

I think I made is obvious that I HAVEN’T done my research! I just found out about the announcement.

I use to work for a newpaper. Hospitals use to give the list to the paper about once a week, or every two weeks. Parents would fill out the form at the hospital. At the top of the column it would say, “such and such hospital announces births”. Does his say that?

Even if he was born in Hawaii, I want assurances that he was not adopted in Indonesia, and never again became a citizen. I believe that is the cover up.


44 posted on 10/11/2008 1:41:16 AM PDT by tuckrdout (~ 'Those who hammer their guns into plows, will plow for those who don't.' ~)
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...
...have filed a Motion for Protective Order, seeking to block discovery until his motion to dismiss is ruled on by the court
That's intelligent. Let's delay this until after the election, when the court will do what, exactly? Dismiss the whole thing with the understanding that Obama isn't eligible to serve as the POTUS? Or, will the court let the case go forward, possibly invalidating Obama's candidacy (or victory, should he win)? Thanks LucyT.
45 posted on 10/11/2008 5:40:42 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: SunkenCiv

Bear with me if I told you this already, but here’s why I believe that the BHO birth certificate posted on the Internet is fake. I’m currently filling out the paperwork to adopt three orphaned children in the Philippines, and recently I had to order three copies of my birth certificate for that process. I was born just two years before Obama, in the state nearest to his (California), so I would expect his birth certificate to look something like mine. Instead, my birth certificate contains much more information: the name and address of the hospital, the name of the doctor, the ages of my parents, and a bunch of signatures from everyone involved except me. By contrast, the Obama birth certificate is virtually blank. What is the Obama campaign trying to hide? That he wasn’t born, perhaps?


46 posted on 10/11/2008 7:55:14 AM PDT by Berosus (I already have a Messiah, I'm looking for a new president.)
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To: Berosus
Thanks Berosus. He's almost all something-to-hide and his public facade is just the putty-over.
Image and video hosting by TinyPic

47 posted on 10/11/2008 8:20:12 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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To: SunkenCiv

if the case somehow gets dropped the RNC should file lawsuits in all 57 states Obama has visited.


48 posted on 10/11/2008 8:58:25 AM PDT by tuwood
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To: pissant
Standing is arguable. So also is the existence of a "case or controversy"--because Obama might not win the election.

Good news is that the judge has had several opportunities to kick the lawsuit out on these grounds and has not done so.

The best case or controversy argument is that neither candidate is eligible under Article II, Sec. 1 (and thus harm does not depend on who wins). And that argument also supports the standing argument.

As to standing, joinder of election officials; maybe joinder of election officials in other jurisdictions; maybe joinder of the actual electors in Pennsylvania would support Berg's position.

49 posted on 10/11/2008 9:00:04 AM PDT by David (...)
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To: tuwood
Whaaat?!? "57 states was a reference to Tur-ray-zah, widow of Senator John Heinz, and therefore to the 2004 presidential run by her current husband, Lurch, er, Senator Kerry. Obviously it wasn't a reference to the 57 states I thought I knew, and to suggest otherwise shows how desparate the McCain campaign has become."

50 posted on 10/11/2008 9:44:13 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile hasn't been updated since Friday, May 30, 2008)
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