Would you, knowing what you know in the Berg v. Obama case, believe the judge would allow this laxity in production?
After the election, if Obama loses, it will not matter.
After the election, if Obama wins, they will be able to say that it would be “unfair” to through him out of office once he has taken the oath of office and then been sworn in. Then it would be diverted to the impeachment process or some other process that would allow the Judge to defer to some “higher authority.” They would question the District Court's authority to throw out a sitting president. By the time the litigation was done, it would be time for a new election, therefore moot.
I know a good delay is the same as deciding a case.
In this case, too many powerful people will not allow this lawsuit to win. If it could have won at any time, Hillary's people would have made it happen. The fact that they were stymied means they didn't have the power to do so.
So in this context, I don't think the court will hesitate to sit on its hands to avoid becoming “too political.” Of course, by doing so, it is becoming equally political and abrogating its responsibility to resolve disputes effectively for the litigants - in this case, effectively the litigants are all of the people of in the Country.