DFU News of the Day in Song ^ | 10-12-08 | Lyrics, Doug from Upland
Posted on 10/12/2008 8:59:13 AM PDT by doug from upland
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
We will see how corrupt our courts have become I guess. either they will admit it or ..... I hope Mr. Berg has good body guards.
Everyone is going to find out Bill Ayers is Obama’s real daddy...LOL
Very interesting. The deadline has passed.
Looks like ..for now ... that’s all we have .. I’ll be keeping my fingers crossed... and maybe a prayer or two!
Ping to watch
Posted on 10/12/2008 8:59:13 AM PDT by doug from upland
Bump
OK, for those of us who are not lawyers, this sounds like its open and shut...but what are we missing?
Big Deal, what does this have to do with “Celebrity Dancing with the American Idols who Want to be Millionaires with a View of Regis and Kelley on the next Oprah”?
Because that matters more to The Sheep than this country ever did.
Yea first they filed to dismiss, now they are ignoring.
How bloody hard can it be to produce the documents unless they are hiding something.
I’m starting to believe that even if Berg is successful in all aspects of this suit that the msm will just ignore it and push forward with the election.
Bookmark
Why am I starting to get the feeling that there are some smarter and more ruthless lawyers aiding Mr. Berg in this matter.
There is something to this I now believe which previously I did not.
I wonder who?
Well, this is quite interesting! I will be patient and see where this goes from here on out. Can any lawyers here at FR fill us in one what the next step will likely be?
Do US judges upon their swearing in have to take the oath of office and swear on to protect the Constitution of the USA ? and up hold the US Constitution ?
The only possible explanation for this is that Obama hopes he can stall all proceedings until after the election at which time - if he wins - he will have public opinion and the threat of racial violence on his side if the courts remove him for failing to meet Article 2 eligibility requirements.
The feeling of people I’ve discussed this with is that - should he succeed in being elected though constitutionally ineligible - virtually everyone will look the other way for fear that racial violence will erupt, at which point you may as well kiss the Constitution goodbye. All the “gutless wonders” in Washington will fail to uphold their oaths to “protect and defend the Constitution of the United States” and we will witness the very first “bloodless coup” on American soil.
With the Constitution effectively destroyed, “Emperor Obama” will move quickly to enact laws that will move this nation farther towards being a Marxist state than anyone would’ve dared dream.
Welcome to the largest Banana Republic in the world.
Sleep well tonight.
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.