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 say fire on all batteries.
Obama may not be eligible for the presidency.
Obama campaigned for a Marxist genocidal maniac.
Obama had a relationship with a known domestic terrorist.
Obama cannot be trusted with leading the country.
Berg just issued Press Release on his site obamacrimes.com:
Berg is “Outraged” that Obama & DNC Hide Again Behind Legal Issues as their attorney files a Motion for Protective Order to “not” Answer Admissions & Production of Documents while Betraying Public in not Producing Documents proving Obama is “qualified” to be a candidate for President It is believed Obama is an “illegal alien”
For Immediate Release: - 10/06/08
(Contact info and pdf of press release below)
Country is Headed to a Constitutional Crisis
(Lafayette Hill, Pennsylvania – 10/06/08) - 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 Democratic National Committee [DNC] filed a Joint Motion for Protective Order to Stay Discovery Pending a Decision on the Motion to Dismiss (which was) filed on 09/24/08.
While legal, Berg stated he is “outraged as this is another attempt to hide the truth from the public; it is obvious that documents do not exist to prove that Obama is qualified to be President.” The case is Berg v. Obama, No. 08-cv-04083.
Their joint motion indicates a concerted effort to avoid the truth by attempting to delay the judicial process, although legal, by not resolving the issue presented: that is, whether Barack Obama meets the qualifications to be President.
It is obvious that Obama was born in Kenya and does not meet the “qualifications” to be President of the United States pursuant to our United States Constitution. Obama cannot produce a certified copy of his “Vault” [original long version] Birth Certificate from Hawaii because it does not exist.
We've been messing with the BC thing since at least February. What was unusual: Barack produced his fake BC after about a month of citizenship speculation, when this really took off: why on earth would he produce a fake?
To pacify the MSM into not touching it?
There is no way Biden will be given POTUS: nobody voted for or wants him.
I'd given up on this until Bubba mentioned the 'if constitutionally qualified' a couple of months ago.
When exactly did Berg start this suit, do you know?
I posted a youtube link a week or so ago of a guy who went to harvard with obama...a black guy who was in the law school also and played recreational BB with him. Can be found by searching youtube...i believe it was a CNN interview. I’m not vouching for the authenticity.
Not sure. I believe in August. Maybe some other Freeper a little closer to the case knows.
DISCLAIMER: Let me say I am still not totally sold on this. I only read the brief and I am far from an expert who properly interprets law.
However, I would say that you will probably see the MSM make claims about the birth certificate when in fact that is not the primary objective of the case. The case revolves around the laws for both the US and Indonesia at the time of BO’s birth AND how he made it back into the US. It’s main complaint is the fact that BO was adopted by his Indonesian step father thud making him a citizen of Indonesia. He them returned to this country illegally at the age of 10. Thus making him an illegal alien.
I did an internet search and found where someone posted this
http://hotair.cachefly.net/images/2008-07/barack_obama_birth.jpg (I’m not sure how to post pics on here)...
It is an alleged newspaper birth announcement of Obama in the Honolulu Advertiser....
sorry I’m tired thud =thus and them = them hehe
Thank you, Sir.
I see access was denied on the above link...
try this
http://www.reason.com/UserFiles/Image/dweigel/barack_obama_birth.jpg
You are welcome! I’m not a lawyer but, I have had years of experience deciphering legal documents concerning dependency issues.
Interesting - CNN turned on Obama vis-a-vis Ayers a few minutes ago:
http://beta.freerepublic.com/focus/news/2099250/posts?q=1&;page=1
Whatever happened to the guys who looked at his passport?
I wonder if there is a photocopy of it out there somewhere...
State Department: Someone snooped in Obama’s passport file - CNN.com On three occasions since January, Sen. Barack Obama’s passport file was looked at by three different contract workers, said State Department spokesman Sean ...
Why take the chance that Fox News or a few MSM outlets start asking questions?
“Why will Barak Obama not produce a certified copy of his birth certificate? Was he actually not born in the US, and therefore, not eligible to be president of the United States?
In an election where 1% can tip several swing states, you don’t need to take the chance.
Why doesn’t he produce the COLB, get on stage and ridicule the conservatives for trying to “smear” him on the COLB question?
I smell smoke.
THe thought just occurred to me.
Why will he not present the COLB?
Because his Hawaii “COLB” doesn’t state where he was born. I’ll bet he wasn’t born in a hospital in Hawaii, so there’s no way, LEGALLY, to verify where he is from.
When Stan and her Mom presented Obama for a Hawaii BC, they probably couldn’t produce enough witnesses of a live home birth there (since he wasn’t born there), so the hospital couldn’t attest to any of the things that go on a BC (birth weight, length, etc).
Hence the certificate of live birth.
True, but in the 60’s, to a Hawaiian staff at the hospital, a white mother with a mixed baby may have set off some native flags.
If his umbilical cord stump indicated he was older than, say, three days, how could you possibly, as hospital staff, certify he was born in Hawaii?
Born in hospital.Hospital submits.Born at home-as was my husband-Doctor submits.
I apologize if this has been covered but citizenship comes from birth in the U.S.or by one natural parent being a U.S. citizen. Were either of Husein’s parents a U.S. citizenat the time of his birth?
Naaa... I was an RPG programmer for a few years before I got into real business with my business degree. The techie crap was a right of passage that my Dad made me go through in the family owned business.
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