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."
Berg wants a vault version of Hussein’s birth certificate (long version); a certified copy of Obama’s certification of citizenship; and a certified copy of Obama’s oath of allegiance.
Even if he has a legitimate Hawaiian BC that still doesn’t settle the Indonesian connection. When he came back there must be a record of it with immigration otherwise that could make him an illegal alien.
I don't think the Supreme Court would touch this case with a 10 ft pole.
This does have to get out, not enough people know about it, if they did, they would care about this.
I just don't understand what the upside is to not producing his birth certificate if he actually has one. It's an amazing thing.
If some 527 wants to run with it they need to do so before the judge rules and makes this a non issue.
Ding Ding Ding!!! We have a winner. This is why BO is not producing any documents and wants the case dismissed!
What do we know about Obama’s Grandmother?
I understand that; sorry for not being clear. He had to provide either a birth certificate or proof of naturalization. Which did he provide? The state department knows.
So, if he were to get elected, then it came out that he is truly ineligable to serve, we are oblgated to let rule for 6-8 years or 200-300 years and none of our FBI/CIA/USDA/State dept. will act in our behalf? You gotta know that they fully intend to act in a way that is not in our best interest.
Can anybody just request a copy of someone else's Birth Cert?
Is is a 'privacy' thing or a 'public' thing?
I think they would almost have to. This is a constitutional matter.
I'm sorry, but I beg to differ. I've watched the video and noticed it keeps being posted all over half the threads having anything to do with Obama. Granted it's unsavory stuff and I'm convinced of Obama's undesirability, but I was already convinced.
These tangential relationships with cousins & contacts in Kenya and other places around Africa will have zero impact on voting Americans. This just doesn't strike a chord with American voters and most could not care less what happens in Kenyan politics. I understand your frustation, but this video will have far less impact than many other things we can be doing.
You have to be a relative in Hawaii to get a copy of the birth certificate....or 75 years after their death.
http://www.youtube.com/watch?v=iBgkDSw-wQ0
Again...check out this video....it shows the COLB of Obama...and then another actual certified copy of someone elses COLB....they aren’t the same....Obama’s is fake and this analyst explains and shows why.
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