The time for O, DNC, FEC to respond to the questions raised by Berg filed in PA District Court has lapsed unanswered. Rule 36 has come into play...does it tie in with O suspending his campaign to fly to Hawaii. The reason given is a sick grandmother, wish the lady well and that O isn't getting a better doctored birth certificate as the other one proved a fake. Check the website shown at the bottom. Berg: Due to Procedure, Obama and 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. Berg contends that the failure to respond and serve the response within the time limit is "damning," and made two appearances overnight on Rollye James' talk radio program, the second one coming shortly after midnight, during which he disclosed the meat of today's filings and the legal and political ramifications of the defendants' failure to respond. “They did not file answers or objections or anything else to the request for admissions we served upon them on September 15,” Berg said to me shortly before midnight, noting that Obama and the DNC did in fact acknowledge service of the admission in their motion for protective order. “They knew the admissions were due. They knew they must object or answer specifically in 30 days. Here, they did nothing.” Typically, requests can be used to ascertain three types of information: (1) the veracity of facts, (2) the authenticity of documents, or (3) the “application of law to fact.” Pretty much anything not privileged is fair game, and while the idea behind such a request is to obtain information, requests for admissions of facts and of the genuine nature of documents are generally not designed as a part of discovery, per se, but rather more of a mechanism used to whittle down proof later in the proceedings. 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. Given the "usually devastating" consequence of failure to respond in time to a request for admissions such as those served upon Obama and the DNC on September 15, just what were some of the admissions that Berg asserts Barack Obama and the DNC have, at least procedurally, admitted to? Admit you were born in Kenya. Admit you are a Kenya “natural born” citizen. Admit your foreign birth was registered in the State of Hawaii. Admit your father, Barrack Hussein Obama, Sr., admitted Paternity of you. Admit your mother gave birth to you in Mombosa, Kenya. Admit your mother’s maiden name is Stanley Ann Dunham a/k/a Ann Dunham. Admit the COLB [Certification of Live Birth] posted on the website “Fightthesmears.com” is a forgery. Admit you were adopted by a Foreign Citizen. Admit you were adopted by Lolo Soetoro, M.A. a citizen of Indonesia. Admit you were not born in Hawaii. Admit you are a citizen of Indonesia. Admit you never took the “Oath of Allegiance” to regain your U.S. Citizenship status. Admit you are not a “natural born” United States citizen. Admit your senior campaign staff is aware you are not a “natural born” United States Citizen. more here.... http://www.americasright.com/2...tions.html
10/24/2008 6:26:11 PM
you are going to get slammed for this, but you are right. Obama needs to answer these questions.
10/24/2008 6:27:26 PM
10/24/2008 7:16:35 PM
don't know why that happened, but here is the original linkhttp://www.americasright.com/2008/10/berg-obama-dnc-admit-all-allegations.html
10/24/2008 7:29:57 PM
See, McCain has known this all along. Next Friday, he is going to drop the bomb with Obama's real birth certificate, sworn statements from hospital staff from Kenya and Hawaii, and he will win de facto. This is why McCain hasn't run a shitty campaign, because he knows it's in the bag.
10/24/2008 7:45:09 PM
This was posted in another thread, I'll repost it here.http://www.factcheck.org/elections-2008/born_in_the_usa.htmlIt's also pretty funny, that if Obama were born today, he'd be a citizen no questions asked.[Edited on October 24, 2008 at 7:53 PM. Reason : .]
10/24/2008 7:49:30 PM
^ wowI wonder if McCain's birth certificate has been scrutinized like that. Amazing.Wasn't McCain born in Panama or something like that anyway?
10/24/2008 8:00:19 PM
Yeah, McCain was born in Panama.
10/24/2008 8:04:39 PM
Yes, however since both his parents were American citizens, it's a non-issue.As Obama's father wasn't, given the year of his birth, Obama would have to be born on US soil to be a natural-born citizen.
10/24/2008 8:06:17 PM
Which he was, so who gives a shit?
10/24/2008 8:07:21 PM
Some combination of Berg and aaronburro.
10/24/2008 8:10:23 PM
10/24/2008 8:12:45 PM
10/24/2008 8:20:03 PM
Oh, ok. So it's all sour grapes then.
10/24/2008 8:21:50 PM
10/24/2008 8:22:30 PM
10/24/2008 8:25:03 PM
He referred to a different site. That's a real birth certificate and has been confirmed by the hospital and officials of Hawaii. I read berg's site. He's delusional and I feel sorry for both of you.^I rechecked, and his post offered no evidence supporting that the birth certificate was a forgery and made no reference to the supposed forger. No credible news site does . The allegations of alteration are a distortion of the fact that some items were removed for privacy concerns. After being assured that they did not pose a risk, the campaign released photos that were not missing these items. Hence my reference to the above linked factcheck site and not the older post that the lord of fantasyland mentioned. [Edited on October 24, 2008 at 8:36 PM. Reason : ]
10/24/2008 8:27:52 PM
^^ do you seriously believe that?Because that's a whole lot of crazy right there. I think I found the perfect girl for you though:[Edited on October 24, 2008 at 8:28 PM. Reason : ]
10/24/2008 8:27:55 PM
I'll even say that's a whole lot of crazy But, if Berg has the evidence, then let's see it. Seems like it would be pretty easy to roll on up to Hawaii and ask them to provide a copy of his Birth Certificate, assuming that is legally possible[Edited on October 24, 2008 at 8:31 PM. Reason : ]
10/24/2008 8:30:50 PM
^^ Sorry, I do not swing that way. Even if I did, she is not my type. [Edited on October 24, 2008 at 8:31 PM. Reason : .]
10/24/2008 8:31:47 PM
10/24/2008 8:33:04 PM
10/24/2008 8:34:57 PM
Obama's grandparents saw a fortune teller 50 years ago who told them to send a fake birth announcement to a Honolulu newspaper on August 4th, 1961[Edited on October 24, 2008 at 8:36 PM. Reason : .]
10/24/2008 8:36:19 PM
10/24/2008 8:36:31 PM
or maybe they just wanted people to know they had a grandkid
10/24/2008 8:36:49 PM
^^^^^ berg is probably banking on the fact that if people read a headline, even if it's not affirmative, it creates a bias: http://arstechnica.com/news.ars/post/20080924-does-ideology-trump-facts-studies-say-it-often-does.htmlFor example, if a headline says "Obama not a terrorist" people will still have a negative association of Obama and terrorist.Berg is hoping just getting headlines out there, even though it's complete bullshit, is going to have an effect. And this worked spectacularly for Fox news with the whole Obama/madrassa/muslim thing.This is clearly bullshit and you all are idiots for thinking it even has legs[Edited on October 24, 2008 at 8:37 PM. Reason : ]
10/24/2008 8:37:15 PM
10/24/2008 8:41:26 PM
I'd say it's got some pretty substantial legs to be sitting in two fucking courtrooms right now. but, we'll see. The judge is supposedly deliberating on it right now.
10/24/2008 8:41:39 PM
^^^Yeah, I posted that a while back about Fox News. It pisses me off that people think it's ok to basically break the minds of thousand of poor susceptible twits who fall for it in the first place. They're just as bad as the crooks who rob old ladies by selling them shit they don't need over the phone, except they prey on a much wider population. If this guy is the predator in that case, he's a shameless murderer of truth. If he's a victim then he's a sad and deluded fellow who's probably, as that article points out, not able to be saved from himself and the wonderful broken nature of human psychology.^Doesn't filing in multiple venues usually piss judges off as they consider it to be risking one court's time in the face of collateral estoppel?[Edited on October 24, 2008 at 8:49 PM. Reason : ]
10/24/2008 8:42:32 PM
^^^ uhh... did you even click one of the first link in this thread?http://www.factcheck.org/elections-2008/born_in_the_usa.htmlThese people held the document in their hands.^^ So what are you saying, the court system is perfect? That's quite the allegation coming from a conservative.[Edited on October 24, 2008 at 8:44 PM. Reason : ]
10/24/2008 8:44:02 PM
10/24/2008 8:46:56 PM
what the fuck? how do you even get to "the court system is perfect?" I'm saying it's sitting in two courtrooms, which implies that there is at least some merit of some sort, otherwise it would have been thrown out immediately.jeez you are all about the strawman today
10/24/2008 8:47:56 PM
^ you can file a suit on practically anything you want, that doesn't mean it has merit.
10/24/2008 8:49:02 PM
^^^^^WRT Fox News, they were by far the worst, but people on all levels, particularly about Saddam, were pretty misninformed, thanks squarely to George Bush, Rumsfeld, and Cheney:That is pretty egregious and it's sad nothing's been done about it.
10/24/2008 8:51:20 PM
http://dockets.justia.com/docket/court-paedce/case_no-2:2008cv04083/case_id-281573/ Check this out...
10/24/2008 8:51:51 PM
^^^^Ahaha, a court hearing a case does not mean it has any real merit. It might mean the judge thinks it does, but the judge can be as batshit insane as the OP.
10/24/2008 8:54:48 PM
Ive never seen such floundering by the wingnuts on this forum. It's fantastic.It'll make Nov 4 even sweeter.
10/24/2008 8:55:01 PM
10/24/2008 8:55:38 PM
You are right... This case may not hold merit.However, if it is not true, then why can he not produce real document in order to satisfy the courts.Also, why has the media sent so many investigative reporters to Alaska to bash Gov. Palin's firing of a cabinet member of her admistration was fair, but, have you heard any word about these important media outlets regarding Obama's case?
10/24/2008 8:59:06 PM
Because there's substance to one case but not the other?
10/24/2008 9:00:20 PM
Yes, even Fox News is there. That's because you can only feed your reporters so much of the koolaid before they croak.
10/24/2008 9:02:26 PM
Ouch... I think that I need a drink now...I am certainly feeling hate now as conservative.Okay, okay.. So a what-if senario...Suppose that the American public finds out that Obama is not elegiable to run. Would it be better for us to know before or after he is elected?
10/24/2008 9:08:54 PM
her second question is relevant. I'd be interested in knowing from where the youtube guy gets the "template" certificate. It is a little convenient that the place and time of birth are identical, but even then, all of that depends on the how the "template" originated.
10/24/2008 9:10:46 PM
look, i think you are off your damn rocker. This thread is ridiculous...You do know as we head to Nov 4 we've had a machine gun fire volley of OH NOES thread about Obama, but none have any substance? I mean CHILL GOP supporters, take a deep breath here jesus...Obama supporters could throw up a billion new threads about McCain campaign gaffes but do you see us wetting our drawers? No.
10/24/2008 9:11:59 PM
10/24/2008 9:14:49 PM
What would your ideal solution to the problem be? If Obama produced documents to the courts, that satisfied the courts, would you claim that they were false, and the liberal slant of the court system enabled Obama to become president??
10/24/2008 9:15:35 PM
10/24/2008 9:22:22 PM
dp[Edited on October 24, 2008 at 9:22 PM. Reason : ]
OMG DOUBLE POST BAN SUSPEND
10/24/2008 9:26:57 PM
lol @ this thread
10/24/2008 9:28:47 PM