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."
Even if Obama did not have his birth certificate, he could apply to Hawaii and get one if indeed he was born there. What is to be gained by stalling except to incite race war if he is elected and then it is proven that he had no certificate. Maybe they feel the courts to prevent that would let him remain President if elected. And with the asses out there I hear lately, many of them would not care.
Campaigning on foreign soil for an Anti-American candidate is hardly tangential, you are in the distinct minority. As a matter of fact I’ve gotten no less than 50 pings about how powerful this is.
Or at the very least dragged out until after the election.
I had a colb on my foot one time and had to have surgery to have removed. :)
Here is the link to the www.birthcertificatenow.com web site that Disapared in July 2008. You can see that I posted it on this site on July 7, 2008.
http://www.freerepublic.com/focus/news/2042198/posts
I see the citizenship issue as a total fringe issue and not worth pursuing, Berg also wanted to charge Bush with war crimes for his “role” in 9/11.
We’ve got Ayers, Rezko, and ODINGA, we’ve got the goods and he can only lie about these associations, people will look closer and make up their own minds. The Odinga video is the kind of thing that will make undecided voters turn against Obama.
I recall McCain having to, and he is a natural born citizen, so why is the same not required of Obama?
Oh sure he can. You don’t need to be a natural born citizen to get a passport.
I don’t give a rat’s you know what about Berg and what a nutjob he is. The facts are, this case is real and Obama can’t produce any evidence to show he’s eligible to run for POTUS.
Do you think this is the ultimate November surprise? McCain and the RNC demand the state of Hawaii produce a certified copy of live birth....take it to court...the court either rules on it or not...If the court refuses then they take it to the U.S. Supreme Court...with the PA case still pending (which it will be)....they cite that case AND that Obama still refuses to release a COLB from Hawaii and they seek an order from the USSC demanding a COLB from Hawaii. What would it hurt? The USSC would HAVE to allow this....it’s the only way to prove your citizenship and the constitution requires to be natural born. The McCain camp and RNC could run asking Obama to prove he is American born....
This plants the seeds in peoples minds. The “is he Muslim...is he one of us...what is he hiding...” comes out even more...this time a constitutional crisis because Obama stalled and refused to release this COLB. It makes Obama look above the law...by refusing to produce a simple request....it reinforces the elitism charge....and it plants that seed of doubt in voters.
How hard would it be for a private investigator to get a copy of his COLB anyway?
What judge in this entire country is going to make any decision that will harm/prevent Obama? Answer - None. Don’t get your hopes up. Is something there? Well any American should be able to show a birth certificate unless they are 105 years old.
Citizenship case will not happen in time to impact the election, it’s not a winning issue right now, I would advise McCain not to go anywhere near it, we’ve got much better stuff that can be PROVEN right now.
There is no advantage to conceal the information. Even if it is all legit and they are just stringing out the mystery, it creates unnecessary suspicion.
Best case scenario is release the info, if no problem then everyone goes their own way....but there is a problem.
I can’t wait to see the outcome. I’m concerned there is mischief going on with the records. If he’s not a natural born citizen(or whatever the violation), then it will be the lone gunman all over again....obama took himself out.(let’s hope)
It’s important because how can Obama get security clearance if he’s not even an American citizen? That would mean the US government has to know either way and so should we.
and his legacy....75 years after his death we find out he was an illegitimate President.
No. BO not being a natural born citizen would invalidate his votes for POTUS and Biden likewise, therefore, the election would be a do-over.
Don’t forget, BHO’s passport records at the State Dept. were hacked a while back....HRC’s also.
Supreme Court could take a case within a week. Judge Surrick, who by the way is a Bill Clinton apointee, put some pretty tight timeframes on this thing. Remember, he bumped up the date for Berg to respond to the DNC motion to dismiss to the 29th of Sept.
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