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."
Wow! Obama can’t produce a simple birth certificate??? Is he serious? Does he think this will go away if he is elected? Is he counting on some kind of uprising?
Wow man I am agreeing with Berg in his comment at the end. People should be outraged that Obama can’t produce the documents! These stall tactics just prove Obama isn’t eligible to run for POTUS.
How about we start calling and emailing all our local televisioin and radio stations.
******
Wow! This situation would be a perfect one for Great to tackle. She’s one of the legal eagles at Fox. Would her panel have fun with this?!
If Obama has said document in his possession then he is just effing with the court system for political energy/whim. If THAT turns out to be true,,I will be ROYALLY ticked off. Our judges have enough of a caseload to deal with without this idiot who knows better manipulating the system in order to play political ‘GOTCHYA’!
How wonderful that this is playing out in the state of Pennsylvania!
Correct, one needn’t be a natural born citizen to be Senator, or Governor.
In a related matter there is the question of dual-citizenship. The years he is reported to have traveled to Pakistan, he could not have done it as a U.S. citizen because the State Dept was not allowing that. Thus, it would be interesting to see the stamps in his passport to see which country he was claiming to be a citizen of during that time. It wasn’t the U.S., I can guarantee you that. Dual citizens cannot be POTUS.
If this is going to break, it better break fast because time is running out. I just wonder why nobody in the media has picked it up yet, not even Hannity.
Does McCain need to worry about any blowback from his being born in Panama?
**No, McCain does not need to worry. This subject came up for McCain in the 2000 elections and he produced his birth records. This is a non-issue for McCain.
Here’s just one source discussing this recently: It refers to a professor that had written a piece in the NYT about McCain’s birth record situation.
http://www.swamppolitics.com/news/politics/blog/2008/07/mccain_birth_status_questioned.html
The problem that most people have with the term ‘natural born U.S. citizen’ is that they believe it to mean ‘born in the United States.’ There is no legal authority for that interpretation. Rather, the clear weight of authority holds that anyone who acquired U.S. citizenship automatically at birth is a ‘natural born U.S. citizen’ - irrespective of the place they were born. As the child of two U.S. citizens, McCain acquired U.S. citizenship automatically at birth.”
Gotcher agrees with Harvard law professor Lawrence Tribe, a Democrat, and former Solicitor General Ted Olsen, a Republican, who themselves don’t agree on much—but who, according to today’s New York Times, have both “concluded that Mr. McCain is a natural-born citizen based on the place of his birth, the citizenship of his parents and their service to the country.”
Another recent note on McCain’s birth records, just so we are all straight:
MCCAIN WAS BORN IN COLON, R.P.
The account of John Sidney McCain III’s birth being in Coco Solo is a fabrication. This was popularized by the McCain legal defense team. The fabrication is that he was born in the Coco Solo hospital at the Naval Air Station. However, no hospital existed at Coco Solo until one was built five years after McCain’s birth. Although some people speculated that he must have been born at Colon, the fact of the location of his birth didn’t come out until recently. John McCain’s parents did not live on base. They lived in Colon, Republic of Panama.
There is a good deal of information available at http://PanamaJohn.dominates.us where you can see the birth certificate and supporting documents.
- scottwww (9/17/2008 11:50:11 PM)
I am going to check out this PanamaJohn.dominates.us site and report back.
PLUS - McCain’s mom Roberta is still very much alive! How inconvenient for the DEMS, are they going to try to call her a liar in the COLB-gate?
Great = Greta in my previous post,,sorry everyone.
On a clear disk you can seek forever... :-)
obumpa
Interesting...
An illegal alien!!!
Thank you!!!
The typeface does not appear to be of the style typical for that time period.
All I know is that Obama's father is one of the blackest men I've ever seen (a picture of.)
Does anyone know the status of the Berg case?
Waiting for Judge Surrick to do something - Berg thinks it might be tomorrow or the Friday.
For your own sake, I hope you made a misspelling of your third word???
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