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."
Has the one he produced been proven a fake?
What if Hannity and Colmes did a story on McCain and Obama’s birth place? They could get constitutional experts to say why McCain is eligible...then they could analyze this lawsuit and ask why Obama won’t produce the birth certificate.
Yup he did several times. Berg may in fact be their surrogate who is doing the work for them.
Don’t forget passportgate. Obama screamed the loudest.
Who is going to remove them? Seriously, the house is controlled by democrats. They are not going to impeach Supreme Court Justices for not trying to invalidate Obama as a candidate for president.
There is something to this story.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
There has to be or it would have been laid to rest before now. Obama is the unknown nominee and if the nation ever realizes who he is he will have zero chance of winning.
The one on the Daily Kos website has been certified a fake by 5 different forensic experts...document type experts. If the US Constitution can’t be upheld/enforced, then none of our laws are worth the paper they are printed on.
This topic is steam rolling.
I think that Obama has much to hide.
The COLB certificate number will be logged in a register by hand in Hawaii...they can’t sanitize that book.....the COLB and the register log has to match...that’s the catcher.
Oh yeah, silly me for believing in such a thing as JUSTICE.
Though on that note, might I present The Oaths of Enlistment & Re-enlistment:
In the Armed Forces EXCEPT the National Guard (Army or Air)
I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
In the National Guard (Army or Air)
I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the State of (STATE NAME) against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the Governor of (STATE NAME) and the orders of the officers appointed over me, according to law and regulations. So help me God.
It wouldn’t be an impeachment issue....Obama could claim “I was always told by my mom that I was born in Hawaii”....
I believe the Supreme Court would rule the election was invalid...not the congress. It would be the Supreme Court that would rule the election violated the constitution in that Obama was disqualified and would. I don’t think it would even need to be brought to by anyone...they could take it up themselves and I believe it would be a 9-0 decision. It could also be an impeachment issue because the forgery is a crime...BUT that wouldn’t be needed to remove him from office. The Supreme Court would move and invalidate the election—they’d probably make the Vice President the interim president since he is eligible and did receive votes...BUT only on an interim basis....then a special election would be held at some point in the future..
It would be the biggest constitutional crisis the nation ever saw.
>It would be the biggest constitutional crisis the nation ever saw.
Oh joy. /sarcasm
That video keeps showing up. I don’t think it has legs. It’s takes too long to get to the point. It needs to be reduced to a few soundbites.
Flip your question. Is there really any advantage for Obama to produce it now?
Read post #130. OneWingedShark brought up impeaching justices. There will be no impeachment of justices over their lack of action in this matter.
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.