Posted on 10/20/2008 9:44:03 PM PDT by A_Niceguy_in_CA
According to Rule 36 of the Federal Rules of Civil Procedure, a party upon whom requests for admissions have been served must respond, within 30 days, or else the matters in the requests will be automatically deemed conclusively admitted for purposes of the pending action.
On September 15, Philip Berg served Barack Obama and the Democratic National Committee with a request for admissions. Barack Obama and the DNC acknowledged service in their motion for protective order, filed on October 6 in an attempt to persuade the court to stay discovery. The Federal Rules require that a response be filed within the 30-day time limit, and Barack Obama and the DNC have not. Therefore, this morning, Philip Berg will file two motions:
* A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted, and
* A motion requesting an expedited ruling and/or hearing on Berg’s motion deeming the request for admissions served upon Obama and the DNC admitted.
Berg contends that the failure to respond and serve the response within the time limit is "damning," and made two appearances overnight on Rollye James' talk radio program, the second one coming shortly after midnight, during which he disclosed the meat of today's filings and the ramifications the defendants' failure to respond may have.
“They did not file answers or objections or anything else to the request for admissions we served upon them on September 15,” Berg said to me shortly before midnight, noting that Obama and the DNC did in fact acknowledge service of the admission in their motion for protective order. “They knew the admissions were due. They knew they must object or answer specifically in 30 days. Here, they did nothing.”
Typically, requests can be used to ascertain three types of information: (1) the veracity of facts, (2) the authenticity of documents, or (3) the “application of law to fact.” Pretty much anything not privileged is fair game, and while the idea behind such a request is to obtain information, requests for admissions of facts and of the genuine nature of documents are generally not designed as a part of discovery, per se, but rather more of a mechanism used to whittle down proof later in the proceedings.
Unless permitted by the court or allowed pursuant to a written agreement between the parties, the party served with the request must serve a response within 30 days. How serious is a failure to respond? This, from PreTrial, by Thomas A. Mauet:
The automatic provision of Rule 36 makes it a formidable weapon because inertia or inattentiveness can have an automatic, and usually devastating, consequence. Hence, there is one cardinal rule for practice under this provision: Make sure you respond and serve the response within the 30-day period.
Just what were some of the admissions that Berg asserts Barack Obama and the DNC have, at least procedurally, admitted to?
* Admit you were born in Kenya.
* Admit you are a Kenya “natural born” citizen.
* Admit your foreign birth was registered in the State of Hawaii.
* Admit your father, Barrack Hussein Obama, Sr., admitted Paternity of you.
* Admit your mother gave birth to you in Mombosa, Kenya.
* Admit your mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham.
* Admit the COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery.
* Admit you were adopted by a Foreign Citizen.
* Admit you were adopted by Lolo Soetoro, M.A. a citizen of Indonesia.
* Admit you were not born in Hawaii.
* Admit you are a citizen of Indonesia.
* Admit you never took the “Oath of Allegiance” to regain your U.S. Citizenship status.
* Admit you are not a “natural born” United States citizen.
* Admit your senior campaign staff is aware you are not a “natural born” United States Citizen.
* Admit the United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
* Admit you are ineligible pursuant to the United States Constitution to serve as President and/or Vice President of the United States.
Quite obviously, this is developing....
Posted to America's Right by Jeff Schreiber
since obama is the presidential nominee then if he is proven ineligible after he wins, shouldn’t McCain be prez if he has enough electoral votes since Biden was never a presidential nominee (and on an ineligible ticket)? And if McCain doesn’t have the votes shouldn’t the legislature put a president in (and McCain is the only big party choice then)?
Should Obama get elected under false conditions, then he’d be stripped of the presidency. It’d be a very ugly situation with every Democrat swearing they thought he was for real in order to save their own jobs. The American people don’t like being lied to in these situations and only the extreme left would be left believing that it’s a non-issue.
But in all honesty I expect the courts to disallow this to go on much further since a great number of judges are liberal these days. Obama will be allowed to become President without ever proving he’s a Natural Born Citizen should the election go that way. Either way I see nothing good coming of this. We the people are in for some of the roughest times in our nation’s history very soon.
Yes, but is he stopping by the Rose Law firm on the way back? That’s what I want to know.
Electors aren’t bound to vote for anyone. They could vote for AlGore, F’n Kerry, Her Thighness, Biden, or anyone else that meets the Art. 2 reqs and hasn’t served two terms as President
The Judge, Judge Stanick (spelling?) is a Republican.
The hospital copy may contain additional data not transferred to the "official", footprints, height, weight, exact time and date, etc.
The "official" state copy is second hand information, sufficient for most purposes.
I read somewhere her nickname was “Stannie”
or to beg someone to dummy up a certificate for him...
Tonight I was watching the series "Victory at Sea" now out on DVD. We MUST follow these cases to the bitter end. If it takes 100 of us filing lawsuits in the next 15 days, so be it! The United States and its allies fought against terrible odds in WW-2. They fought for the US Constitution and the system that preserves it! We have to carry on the fight!
Which is something else i’m curious about. WHY haven’t they met her? The whole family was in Hawaii for vacation this summer and Bambi saw granny for all of an hour and no MO and kids. Is the MO who doesn’t want granny to see the kids or granny who doesn’t want to see the kids. If this was the McCain family it would be blaring news on the front page of the NYSlimes.
This could cause the conservative media to go ballistic. If they were looking for cover before breaking the news, they’ve got it.
The number of lawsuits to get Obama, the illegal alien, removed from the ballot could also go ballistic. Maybe Republican controlled states could remove him from the ballot with very little judicial process. Lawyers?
You may even find isolated liberals turning against Obama, the illegal alien. Bill and Hillary for example. Others will simply have to be locked in padded cells (Olbermann?).
I wouldn’t want to be in the shoes of Obama, the illegal alien.
RE: “The Clinton’s”
************
That’s what I thought about too — the Clintons — well, after that long primary battle I’m sure Hillary’s team was aware of more than just the Rezko and Ayers associations. Remember that peculiar meeting or meetings between her brother and the McCain camp? I always thought that was quite odd and don’t think we ever heard any detail as to the reasons for meeting.
Hillary/Bill, if they know anything about this birth certificate deal and it has “legs,” have had to stay far away from the limelight surrounding the matter.
I have not checked the PUMA’s websites to see how much, if any, information they have picked up about the Obama birth cert. hijinks.
The timing of this Hawaiian visit to granny surely is bizarre; and not taking Michelle along seems suspect. I don’t usually buy into oddball theories like this but this time I’m biting. I’d say forget about it if not for this latest turn of events.
Never thought any election could be more insane than 2000 but this one sure tops that!
We need a class action lawsuit, to get thousands signed up and heavy media attention.
RE: “Maybe the Grandmother has the real certificate in her safe deposit box at the Bank of Hawaii.”
*********
That’s what I was thinking — but why would fauxbama have to go over there? His half-sister lives there and sees granny all the time, supposedly — taking granny out “for air” frequently. I think the half-sister’s last name is Soetero-Ng.
Anyway, I would imagine that living close by sis would be the one with keys to safe deposit boxes and could fetch the cert and send it via courier — Why would Barry need to make another trip to Hawaii? The timing is just TOO suspicious. Something’s brewing but not totally sure what!
RE: “The hospital copy is not “official”, rather the official copy is maintained by the state, and should contain any modifications due to adoptions, name changes, and so forth.”
*************
So lawyers and Barry, etc., will likely need to go to Hilo, state capitol on the Big Island, in addition to Honolulu, Oahu where granny is housed. Someone really needs to follow this guy around over there. But he’ll undoubtedly have more protection from his team than a high risk prisoner being transferred from one place to another would have from deputies.
bttt
bookmark to send to Greta in the AM.
Good idea. Let’s send Obama back to Kenya!
Most likely Clintons, I would think...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.