Posted on 10/06/2008 4:30:11 PM PDT by NoobRep
TWO FILINGS: Berg Files Motion for Leave to File Amended Complaint, Obama and DNC File Motion to Delay Discovery Until Judge Decides on Prior Motion to Dismiss
It was a busy day in the Eastern District of Pennsylvania today. First, attorney Philip Berg files a motion asking the court to permit him to file an amended complaint with several additions, and then next, attorneys for Barack Obama and the DNC file a motion asking the court for a protective order, essentially asking that the judge rule on their motion to dismiss for lack of standing before ruling on Berg's motion for expedited discovery.
Bear with me, here. Geez, I wish I could just do this for a full-time job -- it would be so much easier without all this other stuff (work, school, etc.) in the way!
Keep checking back. Due to the amount of information, I may split this up into two separate posts. We'll see.
-- Jeff
4:45 p.m. -- Obama, DNC File Motion for Protective Order
I'll pretty it up and explain things a little bit better later on this evening, but here's what's going on, so far and in brief:
As I was talking with one of my contacts at the courthouse about this motion, my phone rings and it is Philip Berg. He's fired up. Apparently, he had just been contacted by John LaVelle, attorney for Barack Obama and the DNC, and asked whether he would "put off discovery until Judge Surrick ruled on the motion to dismiss."
Until I have time to get into this more specifically, here's the rub:
Basically, the law states that Judge Surrick can order discovery even in the face of a pending dispositive motion such as the motion to dismiss filed on September 24 by Obama and the DNC. In other words, he can order full discovery, limited discovery, or none at all before ruling on the dismissal. The attorneys for Obama and the DNC, however, just filed a motion asking for 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."
Just like with the amended complaint, an attorney cannot simply file a protective order but must file a motion for one, essentially asking the court to issue one. Make sense so far? That's what this is -- defense attorney John LaVelle filed such a motion this afternoon, a motion asking the judge to issue a protective order which would allow for a ruling to come down on the motion to dismiss before the commencement of any discovery.
Obviously the first reaction is "what do they have to hide?" or something along those lines. Rule 26(c) of the Federal Rules of Civil Procedure provides authorization to the court for just such a matter, ostensibly to protect one of the parties from embarrassment or oppression or the like. I'm sure there's some case law on it as well. Still, even knowing the rules, I will admit that my first reaction was one of suspicion.
As for Philip Berg, while he and I will chat later on, here's a snippet of what he had to say in our brief conversation:
"He's asking to delay discovery and, Jeff, I'm obviously going to oppose it, " he said. "This isn't right. This just isn't right. By tomorrow, we'll have a response and put out a press release. The American people should hear about this and, if they do, they should go nuts. It's time to put up or shut up."
Right, but lets just say there is a judge out there that would rule in Berg’s favor. That judge would be savaged in the press and more than likely would have attempts made on his life from crazy Obama supporters.
Actually I think that this Berg fellow is a loon but it pi**ing me off that there is a question of standing.
I could be mistaken but I believe the democrats in the house and senate elect the democrat nominee if the original nominee is removed for some reason. I don’t think Nancy would win that one.
How much would a do-over cost? Would the republicans go along with it? Would both sides have primaries again?
Did he really? Did he provide proof of citizenship before getting his Senate Seat? What proof?
OR was it just assumed he was a citizen?
I’m not so sure Hillary doesn’t know a crap load about this...and would rather McCain be the bad guy for bringing this out into the public than her...then she steps in and saves the day. It saves her campaigning at all in the general election...something she’s not very good at...no debates..again she risks nothing...then she steps in right before the election to save the day. Once BO is invalidated and can’t run then she moves the DNC to convene an emergency nominating meeting within the halls of congress and she’s nominated to be on the ballot for President...it could be done.
As to my knowledge, there is no precedent to follow on the what if. Nothing like this has ever been questioned.
There's more than a skeleton in the closet with this...it's a mass grave.
The ballots are have already been printed or are being printed now. The time for such a maneuver is long since past. Furthermore Hillary knows if Obama is disqualified and she is the nominee Obama’s supporters won’t vote for her. If they stay home there is no way she wins. She is waiting for 2012.
I have family who have gone through the process. I remember how thoroughly they were investigated, as were anyone and everyone who know them, their backgrounds, EVERYTHING. How is this man allowed to even consider running for President? Why haven't the FBI, CIA, SS, State department of any level raised red flags?
One family member was almost denied, and was delayed about a year, because he thought it would be funny at 13 to grab a stop sign. These investigations are very thorough. Are we to award the highest security clearance to a radical? Exactly what would be the repercussions of THAT?
There can be no legitimate election if the primary candidate was illegal to run for POTUS to begin with.
Maybe just the live birth certificate was shown and no one questioned it. This may actually be the first time there's any scrutiny being paid to the issue.
CLOB is a dangerous sexually transmitted disease, which Obama is valiantly fighting against with:
- Rejecting the Born Alive Act
- Embracing Partial Birth Abortions
and
- Not wanting to ban human cloning.
(Read as much sarcasm into that as you can.)
{BTW - CLOB is Certificate Of Live Birth; what is commonly called your birth certificate.}
See 71.
Or the Clintoon machine drops the evidence to several news outlets with “no finger prints” as to the source(s).
Correct, one needn’t be a natural born citizen to be Senator, or Governor.
exactly...
I think Drudge is holding out on this one....
This will be his November 3rd flashing red and blue light
“CONSTITUTIONALLY UNQUALIFIED FOR PRESIDENT OF THE UNITED STATES!”.....DEVELOPING
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