Tuesday, October 21, 2008

Obama Birth Certificate Lawsuit: Obama, DNC Fail to Respond

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Berg v. Obama:
Berg Says Obama, DNC Admit Allegations Due to Procedure
Obama Birth Certificate Federal Lawsuit

An interesting turn of events in the federal lawsuit filed by Phillip Berg demanding proof from Barack Obama that he is an American citizen and eligible for the U.S. presidency.

From Jeff Scrieber's America's Right - Berg: Due to Procedure, Obama, DNC Admit All Allegations:

According to Rule 36 of the Federal Rules of Civil Procedure, a party upon whom requests for admissions have been served must respond, within 30 days, or else the matters in the requests will be automatically deemed conclusively admitted for purposes of the pending action.

On September 15, as part of his federal lawsuit contending that the Illinois senator is ineligible, pursuant to the U.S. Constitution, to serve as president of the United States, Philadelphia attorney Philip Berg served Barack Obama and the Democratic National Committee with just such a request. Soon thereafter, on October 6, Barack Obama and the DNC acknowledged service in their motion for protective order, filed in an attempt to persuade the court to stay discovery. The Federal Rules require that a response to a request for admissions be served within the 30-day time limit, and Barack Obama and the DNC have not done so.

Therefore, this morning, amidst news reports that Barack Obama will be suspending his campaign for a few days so he can fly to Hawaii to visit his grandmother, who has suddenly fallen ill, Philip Berg will file two motions in district court in Philadelphia:

* A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted by default, and

* A motion requesting an expedited ruling and/or hearing on Berg’s motion deeming the request for admissions served upon Obama and the DNC admitted.

Schreiber explains what this all means in the story at his site.

He does note:

Unless permitted by the court or allowed pursuant to a written agreement between the parties, the party served with the request must serve a response within 30 days. How serious is a failure to respond? This, from PreTrial, by Thomas A. Mauet:

The automatic provision of Rule 36 makes it a formidable weapon because inertia or inattentiveness can have an automatic, and usually devastating, consequence. Hence, there is one cardinal rule for practice under this provision: Make sure you respond and serve the response within the 30-day period.

More curious behavior from the Obama campaign--or rather, legal team?


* Washington Man Files Lawsuit over Obama Citizenship Questions
* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Birth Certificate Federal Lawsuit: Video Released On YouTube
* Obama Birth Certificate Federal Lawsuit: Updates, News and Reactions
* Obama Birth Certificate Federal Lawsuit: The Curious Behavior of the Obama Campaign
* Obama, Bill Ayers, and FactCheck.Org: All Have Ties To Annenberg Foundation

We're not sure why the Obama team did not file the necessary papers in time.

Schreiber, who's a straight shooter in his reporting ends his long and informative post with a quote from Berg on the significance of the non-action.

"It all comes down to the fact that there's nothing from the other side," Berg said. "The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States."

Two weeks before the election and things are going to be interesting.

[For more information and background on Philip Berg's civil action against Barack Obama and the Democratic National Committee, look to the right-hand side of the America's Right page for the list of related articles, updates and commentaries under the "BERG v. OBAMA @ AMERICA'S RIGHT" heading.]

by Mondo Frazier
image: dbkp

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