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."
Obviously Obama has something to hide otherwise he could make this go away real fast by simply producing a valid birth certificate. Plus he could make everyone involved look foolish and say it’s further proof that he’s being picked on.
In most cases, discovery may be stayed at the trial court's discretion while a motion to dismiss for lack of standing is filed.
Ordinarily it saves time and burdensome, useless discovery if the plaintiff has no standing.
BUT . . . sometimes common sense has to trump lawyer-think. The political repercussions of not producing the COLB are great. Ditto of getting this case dismissed on a technicality.
That's ASSUMING that his COLB wasn't issued in Kenya or somewhere . . . . or that it exists at all.
I think we are missing the real rub here>
I read the entire brief last night it it appears that not only is Mr. Berg asking for a long form birth certificate he is also asking for his passport. He asserts that BO was born in Kenya, his mother could not have claimed him as a citizen based on a law that he had to have lived in the US fo 5 years after her 14th birthday. BO’s mom divorced his real dad and married an Indonesian and moved to Indonesia. He attended school there and was ADOPTED by his father and given his sur name which makes him a citizen of Indonesia based on both US and Indonesian law. He then returned to the US to live with his grandparents as an ILLEGAL ALIEN. He also claims that he traveled to Pakistan in the early 80’s on his Indonesian Citizen issued passport.
I don’t think it’s the brith certificate BO doesn’t want to hand over. The MSM is trying to make people believe that is what it’s about.
Mr. Berg is also suing BO, The DNC, and the FED for defrauding American citizens out of $400 million dollars for mounting an illegal presidential campaign.
Maybe his Columbia University entrance papers somehow reference he was born in Kenya...not the U.S.A.
To me it’s an important constitutional issue. What happens if he wins and later admits that he isn’t an American born citizen?
It’s a precedent we really don’t want to set.
Berg feels that Surrick will rule against Obama and the DNC. And even if he doesn’t, he feels the Supreme Court will hear it.
"The Constitution sets qualifications for the president, and then the people decide who they think would be the better president".
My husband had to order his the other day from OK. Got it in very short order for $10.
Some 527 will pick this up in battleground states. Why won’t Obama show anyone his birth certificate? What is he hiding? Was he really born in Hawaii like he claims?
Obama has a passport,doesn’t he? How would he get one without proof of citizenship? Just wondering out loud.
Maybe they want a big deal to be made of this. Then he produces the documents and his folks crow about everyone picking on Barry. The when something really significant is stumbled upon they can defuse it and say its more of the same. Just a guess.
It sounds like Joe Biden’s wife is measuring the curtains in the White House. Isn’t fate amazing. Biden may be like Gerald Ford and someone who serves as President without ever being elected.
Is there any advantage for Obama to not produce the required document(s) NOW?
It doesn't take a legal mind. I think he probably is a US citizen but there is something embarassing on his birth certificate. There are many possibilities.
My theory is that his real BC shows his father's race to be ARAB. Obama's father was only fractionally black, he was 87.5% Arab and 12.5% black (which is why he has an Arab name). That makes Obama only 6% black, 43% Arab and 50% white. By US definitions therefore he is not black, he's under the legal threshhold. For example this means Obama was lying when he called himself the first Black president of the harvard law review.
Now before anyone calls me a racist for pointing this out, I will retort that a couple of million black people in the USA are clearly voting for Obama precisely because they believe he is black. IF it turns out he is really an Arab legally, he may well lose many of their votes. If his birth certificate makes it clear his father was an Arab, that could be game, set, match.
You can be a citizen without being a natural born citizen the constitution requires for the POTUS. No one questions that he is a citizen. He had to get over that hurdle to be a Senator.
Ian Pundit gave Berg radio time and Berg embarrassed himself. If Sean gives him face time on FOX he better be more prepared.
If he wins and later admits he isn’t American born citizen than he needs to resign and we are stuck with President Joe Biden. The Democrat Party has a lot to gain on getting Obama elected no matter what scandals come up in four years. I think the MSM will like the ratings they get with Clinton Era scandals going on for 4 years.
Don’t believe the press. It’s not just his birth certificate. Please read my comment 44.
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