*Breaking* Due to Procedure, Obama and DNC Admit all Allegations

Unless the Obama Campaign applies for a withdrawal of admission and shows GOOD CAUSE, as of today, October 21, 2008, the Obama Campaign has legally admitted that Barack Hussein Obama is ineligible to hold the office of Presidency. Full coverage of this court proceeding can be read here: http://www.americasright.com/

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, as part of his federal lawsuit contending that the Illinois senator is ineligible, pursuant to the U.S. Constitution, to serve as president of the United States, Philadelphia attorney Philip Berg served Barack Obama and the Democratic National Committee with just such a request. Soon thereafter, on October 6, Barack Obama and the DNC acknowledged service in their motion for protective order, filed in an attempt to persuade the court to stay discovery. The Federal Rules require that a response to a request for admissions be served within the 30-day time limit, and Barack Obama and the DNC have not done so.

Therefore, this morning, amidst news reports that Barack Obama will be suspending his campaign for a few days so he can fly to Hawaii to visit his grandmother, who has suddenly fallen ill, Philip Berg will file two motions in district court in Philadelphia:

A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted by default, 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 legal and political ramifications of the defendants’ failure to respond.

“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.

Given the “usually devastating” consequence of failure to respond in time to a request for admissions such as those served upon Obama and the DNC on September 15, 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.

There are, however, several options for Barack Obama and the DNC at this point. The first, and most obvious, is the argument that pursuant to Rule 26(f), a request for admission may only be served after the conference for the purpose of planning discovery detailed under that rule, and therefore the 30-day time limit on Berg’s request has not yet begun. Here, though, Berg could feasibly argue either that the request for admissions is not a true discovery mechanism and is actually meant to streamline the future need for discovery, or that the defendants’ acknowledged service of the request in their October 6 motion for protective order and failed, at that time, to specifically object or answer. The second option for the defense, still easily foreseen, is that Obama and the DNC could file a motion to withdraw admissions which have been deemed admitted.

In order to file a motion to withdraw admissions deemed admitted by default, a party must show

(1) “good cause” regarding why there was no response and
(2) that such a motion to withdraw would not cause undue prejudice to the plaintiff. Here, Berg could contend that Obama and the DNC failed to meet those standards, that they cannot show “good cause” for failing to answer or object, and that withdrawing the admissions would cause undue prejudice.

Still, for Berg, the issue is clear. He simply wanted answers or objections, he said, and instead received nothing. Rule 36, according to Berg, is fairly cut-and-dry.

“It all comes down to the fact that there’s nothing from the other side,” Berg said. “The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.”

The admission has been filed. This is the press release with links to the downloads AND the DNC admissions since they didn’t respond either.

http://obamacrimes.com/
Obama Should Immediately Withdraw his Candidacy for President

For Immediate Release: - 10/21/08 - Complete contact details and pdfs of this press release and motions filed by plaintiff Berg today are at the end of this article

(Lafayette Hill, Pennsylvania – 10/21/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that Obama and tbe DNC “ADMITTED”, by way of failure to timely respond to Requests for Admissions, all of the numerous specific requests in the Federal lawsuit. Obama is “NOT QUALIFIED” to be President and therefore Obama must immediately withdraw his candidacy for President and the DNC shall substitute a qualified candidate. The case is Berg v. Obama, No. 08-cv-04083.

Berg stated that he filed Requests for Admissions on September 15, 2008 with a response by way of answer or objection had to be served within thirty [30] days. No response to the Requests for Admissions was served by way of response or objection. Thus, all of the Admissions directed to Obama and the DNC are deemed “ADMITTED.” Therefore, Obama must immediately withdraw his candidacy for President.

OBAMA - Admitted:

1. I was born in Kenya.
2. I am a Kenya “natural born” citizen.

3. My foreign birth was registered in the State of Hawaii.
4. My father, Barrack Hussein Obama, Sr. admitted Paternity of me.

5. My mother gave birth to me in Mombosa, Kenya.
6. My mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham.

7. The COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery.
8. I was adopted by a Foreign Citizen.

9. I was adopted by Lolo Soetoro, M.A. a citizen of Indonesia.
10. I was not born in Hawaii.

11. I was not born at the Queens Medical Center in Hawaii.
12. I was not born at Kapi’olani Medical Center for Women and Children in Hawaii.

13. I was not born in a Hospital in Hawaii.
14. I am a citizen of Indonesia.

15. I never took the “Oath of Allegiance” to regain my U.S. Citizenship status.
16. I am not a “natural born” United States citizen.

17. My date of birth is August 4, 1961.
18. I traveled to Pakistan in 1981 with my Pakistan friends.

19. In 1981, I went to Indonesia on my way to Pakistan.
20. Pakistan was a no travel zone in 1981 for American Citizens.

21. In 1981, Pakistan was not allowing American Citizens to enter their country.
22. I traveled on my Indonesian Passport to Pakistan.

23. I renewed my Indonesian Passport on my way to Pakistan.
24. My senior campaign staff is aware I am not a “natural born” United States Citizen.

25. I am proud of my Kenya Heritage.
26. My relatives have requested changes to the portion of my birth certificate that identifies my first name.

27. My relatives have requested changes to the portion of my birth certificate that identifies my last name.
28. My relatives have requested changes to the portion of my birth certificate that identifies my place of birth.

29. I requested changes to the portion of my birth certificate that identifies my first name.
30. I requested changes to the portion of my birth certificate that identifies my last name.

31. I requested changes to the portion of my birth certificate that identifies my place of birth.
32. The document identified as my Indonesian School record from Fransiskus Assisi School in Jakarta, Indonesia is genuine.

33. I went to a Judge in Hawaii to have my name changed.
34. I went to a Senator and/or Congressman or other public official in Hawaii to have my name changed.

35. I had a passport issued to me from the Government of Indonesia.
36. 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.

37. I am ineligible pursuant to the United States Constitution to serve as President and/or Vice President of the United States.
38. I never renounced my citizenship as it relates to my citizenship to the country of Indonesia.

39. I never renounced my citizenship as it relates to my citizenship to the country of Kenya.
40. I am an Attorney who specializes in Constitutional Law.

41. Kenya was a part of the British Colonies at the time of my birth.
42. Kenya did not become its own Republic until 1963.

43. I am not a “Naturalized” United States Citizen.
44. I obtained $200 Million dollars in campaign funds by fraudulent means.

45. I cannot produce a “vault” (original) long version of a birth certificate showing my birth in Hawaii.
46. My “vault” (original) long version birth certificate shows my birth in Kenya.

47. The only times I was to a Hospital in Hawaii was for check-ups or medical treatments for illnesses.
48. Queens Medical Center in Honolulu, Hawaii does not have any record of my mother, Stanley Ann Dunham (Obama) giving birth to me.

49. Kapi’olani Medical Center for Women and Children in Honolulu, Hawaii does not have any record of my mother, Stanley Ann Dunham (Obama) giving birth to me.
50. I was born in the Coast Province Hospital in Mombasa, Kenya.

51. I represented on my State Bar application in Illinois that I never used any other name other than Barack Hussein Obama.
52. I went by the name Barry Soetoro in Indonesia.

53. My Indonesian school records are under the name of Barry Soetoro.
54. I took an Oath to uphold the United States Constitution when admitted to the State Bar of Illinois to practice Law.

55. I took an Oath to uphold the United States Constitution when I was Sworn into my United States Senate Office.
56. I hold dual citizenship with at least one other Country besides the United States of America.

DNC - Admitted:

1. The DNC nominated Barrack Hussein Obama as the Democratic Nominee for President.
2. The DNC has not vetted Barrack Hussein Obama.

3. The DNC did not have a background check performed on Barrack Hussein Obama.
4.The DNC did not verify Barrack Hussein Obama’s eligibility to serve as President of the United States.

5. The DNC admits Barrack Hussein Obama was born in Kenya.
6. The DNC admits Barrack Hussein Obama is not a “natural born” United States citizen.

7. The DNC admits Barrack Hussein Obama was not born in Hawaii.
8.The DNC admits they have not inquired into Barrack Hussein Obama’s citizenship status.

9. The DNC admits they have a duty to properly vette the Democratic Nominee for President.
10.The DNC admits Lolo Soetoro, M.A., an Indonesian citizen adopted Barrack Hussein Obama.

11. The DNC admits the Credentials Committee has been aware of this lawsuit since August 22, 2008 as the lawsuit was faxed to our Washington D.C. Office on August 22, 2008.

12. The DNC admits their Credentials Committee failed to verify and/or inquire into the credentials of Barack Hussein Obama to serve as the President of the United States.

13. The DNC admits their Credential Committee’s Report failed to address the issues of Barack Hussein Obama’s ineligibility to serve as President of the United States.
14.The DNC admits Howard Dean, Chair Person has and had knowledge Barack Hussein Obama was born in Kenya and ineligible to serve as the President of the United States.

15. The DNC admits Plaintiff and all Democratic citizens of the United States have been personally injured as a result of not having a qualified Democratic Presidential Nominee to cast their votes upon.
16. The DNC admits Plaintiff and all citizens of the United States have a Constitutional Right to vote for the President of the United States and to have two (2) qualified candidates of which to choose from.

17. The DNC admits Plaintiff and all citizens of the United States have a Constitutional right to have a properly vetted Democratic Presidential Nominee of which to cast their vote.
18. The DNC admits an FBI background check is not performed on the Presidential or Vice Presidential Candidates.

19. The DNC admits 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.
20. The DNC admits they collected donations on behalf of Barack Hussein Obama for his Presidential campaign.

21. The DNC admits Plaintiff and Democratic citizens donated money based on false representations that Barack Hussein Obama was qualified to serve as the President of the United States.
22. The DNC admits if Barack Hussein Obama is elected as President and allowed to serve as President of the United States in violation of our Constitution, it will create a Constitutional crisis.

23. The DNC admits Barack Hussein Obama took an Oath to uphold the United States Constitution.
24. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to due process of law in violation of the United States Constitution.

25. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to Equal Protection of the laws in violation of the United States Constitution.
26. The DNC admits the function of the DNC is to secure a Democratic Presidential Candidate who will protect Democratic citizen’s interests, fight for their equal opportunities and fight for justice for all Americans.

27. The DNC admits the Democratic National Committee has been promoting Barack Hussein Obama’s Presidential election knowing he was ineligible to serve as President of the United States.

http://obamacrimes.com/attachments/038_Motion%20for%20Expedited%20Ruling%20on%20Plaintiff/’s%20Motion%20for%20Order%20re%20Req.%20for%20Admissions%20-%20Admitted.pdf
Motion for Expedited Ruling on Plaintiff\’s Motion for Order re Req. for Admissi

http://obamacrimes.com/attachments/038_Obama,%20Motion%20for%20Order%20deeming%20Request%20for%20Admissions%20Admitted.pdf
Obama, Motion for Order deeming Request for Admissions Admitted.pdf

http://obamacrimes.com/attachments/038_ObamaCrimes.com%20Press%20Release%2010%2021%2008%20-%20Obama%20-%20DNC%20Admit%20All%20Allegationsof%20Federal%20Court%20Lawsuit.pdf
Press Release Obama - DNC Admit All Allegations of Federal Court Lawsuit.

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