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."
I've asked many times berore, "Who/What is the controlling legal authority mandated to ensure that Constitutional qualifications for president are met?"
I've yet to receive a verifiable answer.
Keeping in mind you have fight fire with fire, this is what I would suggest.
A ‘questioner’ from the audience should direct this question to McCain and Obama: “Senators , I have heard that there is a controversy over your birth certificates and the place of your births, could you both comment on that issue. I would also like to know if you both would produce a complete certified copy of your birth certificates to end these rumors?
If obama makes the mistake of saying he is standing by the one posted on his website, he opens himself up to PUBLIC and legal scrutiny. All McCain has to say is that he will post his on his website immediately.
Game, set, match.
Bill already tip his hand on they know that BO isn’t qualified.
CORRECTION
This will be his November 3rd flashing red and blue light
“CONSTITUTIONALLY DISQUALIFIED FOR OFFICE OF PRESIDENT OF THE UNITED STATE!” ....DEVELOPING
'ZACTLY!!!
You can’t even get a drivers license in may states without a valid BC. If Obama’s not an American citizen because he was either born in Kenya and his mother didn’t meet the criteria for him to qualify or his citizenship was renounced while in Indonesia and not restored then there’s no way he should be able to get a security clearance, period. This whole thing is very strange and needs to be sorted out publicly.
He’s from Illinois!...LOL drivers license can be bought.
Heck. Slick's probably got a paid RINO in the audience to switch the question right away. I'd ask it right away if ive the chance.
The wonder of it all is that with all the dirt thats being dug up on this guy he`s still the rat`s POTUS nominee.If thats not a condemnation then nothing is.Fear for America if he wins.
>I don’t think the Supreme Court would touch this case with a 10 ft pole.
But it IS their job. And it WOULD be very telling if they pulled something out of their asses.
The question is, would it be enough to remove them all from their positions? I think if they did something so blatantly unconstitutional it would be our duty to do so... wouldn’t it?
ive=given
That's the part that makes me wonder about all this, the Clinton's are very powerful people and there is no way they could have missed this. So why didn't it come out? I just can't understand why they would ignore this if there were any legitimacy to it.
Gennifer Flowers, I smoked it but didn’t inhale, Paula Jones, Whitewater, Rose Law firm, Travel Gate, Juanita Broderick, draft dodging....
How much else did I forget?
This is why I think the judicial is the heaviest hand of government....they have no checks or balances once they get in....
Yep that’s why Dianne Feinstein is now a defendant in the suit.
Makes me wonder if certain things in Indonesia are attempting to be bought. It wouldn’t be the first time...
Al Gore is/was way too dangerous to be POTUS. The senators knew that, plus copies of FBI files with pages in folders were on display for the Senators only before they let Slick stay.
The Clintons are the most savvy of all politicians in this century. They are good at what they do.
Say what??? I’m ignorant on that one...please help.
They could ignore it because they let McCain fight to prove Obama’s birth place...if McCain won’t do it you can bet Clintons have someone ready to drop the bomb themselves....it means she doesn’t have to campaign and expose herself to the dirty tricks of campaigning...she steps in at the last minute..no debates..no campaign..and just because the ballots are already printed doesn’t mean squat...the courts would demand a process to hold the election with Clinton on the ballot...
She knows about this...the federal case is filed on her behalf. I’m telling you her body language never was one of defeat...and she’s kept her attack ON McCain and not a lot of praise of Obama...this does little to help McCain...it hurts him...which if she is to get elected this time she’d need to disqualify Obama and still give reason not to vote for McCain.
The beauty of this would be, the only way obama could avoid answering this request, is to say..”I can’t comment on that because it is under litigation” or “I’ll stand by the one on my website”
Either way it gives million of people watching, information that they haven’t had before.
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