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Berg Response in Oppostion to Obama / DNC protective Order
Obama Crimes ^ | Thursday, 09 October 2008 | site administrator

Posted on 10/10/2008 1:29:21 AM PDT by Lancey Howard

Attached is Philip J. Berg's Opposition to Defendants, the DNC and Obama's Motion for Protective Order Staying Discovery pending Decision on their Motion to Dismiss. If the Protective Order were granted, discovery could not occur until the standing issue has been resolved and only if it is in favor of the plaintiff.

Following is an excerpt from the response:

PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS BARACK H. OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEE’S MOTION FOR A PROTECTIVE ORDER STAYING DISCOVERY PENDING DECISION ON DISPOSITVE MOTION Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”] files the within Response in Opposition to Defendants, Barack H. Obama [hereinafter “Obama”] and the Democratic National Committee [hereinafter “DNC’] Motion for Protective Order Staying Discovery Pending Decision on Defendants Dispositive Motion on the following grounds: 1. Defendants’ pending Motion to Dismiss does not entitle them to a Protective Order under Federal Rule of Civil Procedure 26(c) [hereinafter F.R.C.P. 26(c]; 2. Defendants have failed to show “good cause” and are therefore not entitled to a protective order under F.R.C.P. 26(c); 3. Defendants have not pointed to any legitimate privacy concerns. Defendants have failed to point out any substantiated specific examples demonstrating that disclosure will cause a defined and serious injury;

4. Plaintiff does not seek access to the requested information for any improper purpose; 5. Defendants have not shown any risk that particularly serious embarrassment will result from the requested documents; 6. The requested information is extremely important for public safety; and “Good Cause” requires a particular need for the protection sought; 7. The sharing of information will promote fairness and efficiency so as not to delay this action; 8. Barack Obama, as U.S. Senator of Illinois and the Democratic Nominee for President of the United States, is a public person, and his citizenship status is a matter of significant public concern and is subject to legitimate public scrutiny. The Democratic National Committee is a public entity and is also subject to public scrutiny; and 9. The public interest in access to the requested information under the Freedom of Information Act 5 U.S.C. § 552 is a strong factor in favor of not granting a protective order which would prevent disclosure of such information.


TOPICS: News/Current Events; Politics/Elections; US: Hawaii
KEYWORDS: birthcertificate; certifigate; lawsuit; obama; philipberg
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1 posted on 10/10/2008 1:29:21 AM PDT by Lancey Howard
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To: tuwood; Eva; danamco; austinaero; txflake; Reaganwuzthebest; CaptRon; pissant; Osage Orange; ...

(( ping ))


2 posted on 10/10/2008 1:39:27 AM PDT by Lancey Howard
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To: Lancey Howard

Looks like its moving forward. Hopefully, the DNC cannot postpone this and we’ll at least know if their candidate is a US citizen or not.


3 posted on 10/10/2008 1:49:08 AM PDT by InShanghai (I was born on the crest of a wave, and rocked in the cradle of the deep.)
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To: Lancey Howard
This is basic, BASIC STUFF...

Why can't anyone see a darned birth certificate already?

The obvious answer is because it disqualifies him.

4 posted on 10/10/2008 1:56:51 AM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: Lancey Howard

AMEN! AMEN!

Lord, please let this blow up in the Obamma camp’s faces wholesale at the worst possible time.


5 posted on 10/10/2008 2:04:12 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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To: Caipirabob

Exactly, what’s he got to hide? This would be NO PROBLEMO if he had a valid birth certificate to produce.


6 posted on 10/10/2008 2:12:24 AM PDT by Tejava
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To: Lancey Howard

Attached is Philip J. Berg’s Opposition to Defendants, the DNC and Obama’s Motion for Protective Order Staying Discovery pending Decision on their Motion to Dismiss. If the Protective Order were granted, discovery could not occur until the standing issue has been resolved and only if it is in favor of the plaintiff.

Following is an excerpt fromthe response:

PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANTS BARACK H. OBAMA AND THE DEMOCRATIC NATIONAL COMMITTEE’S MOTION FOR A PROTECTIVE ORDER STAYING DISCOVERY PENDING DECISION ON DISPOSITVE MOTION

Plaintiff, Philip J. Berg, Esquire [hereinafter “Plaintiff”] files the within Response in Opposition to Defendants, Barack H. Obama [hereinafter “Obama”] and the Democratic National Committee [hereinafter “DNC’] Motion for Protective Order Staying Discovery Pending Decision on Defendants Dispositive Motion on the following grounds:

1. Defendants’ pending Motion to Dismiss does not entitle them to a Protective Order under Federal Rule of Civil Procedure 26(c) [hereinafter F.R.C.P. 26(c];

2. Defendants have failed to show “good cause” and are therefore not entitled to a protective order under F.R.C.P. 26(c);

3. Defendants have not pointed to any legitimate privacy concerns. Defendants have failed to point out any substantiated specific examples demonstrating that disclosure will cause a defined and serious injury;

4. Plaintiff does not seek access to the requested information for any improper purpose;

5. Defendants have not shown any risk that particularly serious embarrassment will result from the requested documents;

6. The requested information is extremely important for public safety; and “Good Cause” requires a particular need for the protection sought;

7. The sharing of information will promote fairness and efficiency so as not to delay this action;

8. Barack Obama, as U.S. Senator of Illinois and the Democratic Nominee for President of the United States, is a public person, and his citizenship status is a matter of significant public concern and is subject to legitimate public scrutiny. The Democratic National Committee is a public entity and is also subject to public scrutiny; and 9. The public interest in access to the requested information under the Freedom of Information Act 5 U.S.C. § 552 is a strong factor in favor of not granting a protective order which would prevent disclosure of such information.

—————snip

Someone needs to tell Obama we do not elect mystery men.


7 posted on 10/10/2008 2:14:42 AM PDT by Islander7 (The only thing Obama has to fear is the truth!)
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To: Lancey Howard
You can read Berg's response to the Motion to Dismiss HERE.

Good news: Berg makes a number of compelling arguments.

Bad news: It is a lengthy document.

8 posted on 10/10/2008 2:31:12 AM PDT by Zakeet (Crime wouldn't pay if the government ran it)
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To: Quix
Lord, please let this blow up in the Obamma camp’s faces wholesale at the worst possible time.

Best part; It’s the Democrats doing it to themselves.

When their party disintegrates before their eyes they can only blame themselves.

I only hope that this will put a stake through the heart of the socialist fringe of their party for a few decades. (It’s a foolish hope I know but it is a sincere hope none the less)

9 posted on 10/10/2008 2:46:15 AM PDT by Pontiac (Your message here.)
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To: Lancey Howard

I can’t even think of a reason, any reason, why an adult’s birth certificate cannot be viewed. What’s on it? Name, parents’ names, date, location.
Which one of those is the wart?


10 posted on 10/10/2008 2:48:05 AM PDT by 668 - Neighbor of the Beast
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To: Lancey Howard

McCain should make his birth certificate public and challenge Obama to do the same.


11 posted on 10/10/2008 3:08:23 AM PDT by texgal (end no-fault divorce laws return DUE PROCESS & EQUAL PROTECTION to ALL citizens))
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To: Caipirabob
This is basic, BASIC STUFF...

Why can't anyone see a darned birth certificate already?

I know, I know....I AM GOING CRAZY over this...what in the hell is going on?

Could the DNC PLAYING with the courts and hoping to embarrass the press ( and thus help Obama in the end game) if this turns out to be FOLLY and Barak is really a natural born citizen of our country ).....

or.....

do we have something VERY NEFARIOUS going on?

12 posted on 10/10/2008 3:12:59 AM PDT by Republic (nw)
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To: 668 - Neighbor of the Beast

“What’s on it? Name, parents’ names, date, location.
Which one of those is the wart?”

Must be the location!


13 posted on 10/10/2008 3:14:05 AM PDT by dalereed
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To: dalereed

What does it matter where he was born, the guy’s a Democrat! Any facts to the contrary are racist!


14 posted on 10/10/2008 3:23:22 AM PDT by 668 - Neighbor of the Beast
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To: Quix
Lord, please let this blow up in the Obamma camp’s faces wholesale at the worst possible time.

Amen! I'm agreeing with you, brother!

15 posted on 10/10/2008 3:35:49 AM PDT by Tax-chick (This is embarassing! Have a Guinness and pull yourselves together!)
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To: texgal

His is already public. Remember the case that was brought against him citing the fact he was born in Panama? The judge threw it out because he was born as a US Navy dependent to two US citizens.


16 posted on 10/10/2008 3:54:11 AM PDT by mazda77
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To: Lancey Howard

OBAMA IS NOT AN AMERICAN.
If Obama actually did have a US Birth Certificate he’d have shown it already. A team of lawyers just costs too much money to use on a defense that could be squashed by simply showing the birth certificate.
It is just simple economics. The only reason to defend is because the document does not prove USA citizenship.
How simple can this be?


17 posted on 10/10/2008 4:20:55 AM PDT by BuffaloJack
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To: Lancey Howard

WTH? why has he not produced it already when he ran for the senate? i would think this would be a real simple task for our government to verify, if he was born here. this whole thing feels off to me. cant put my finger on it. with all his terrorist related ties, i would think homeland security would be doing the work for berg. again color me confused.


18 posted on 10/10/2008 4:38:36 AM PDT by CanadianMusherinMI (Mrs. Musher here!)
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To: texgal
What's this then?


BHO Birth certificate

19 posted on 10/10/2008 4:42:54 AM PDT by Dr. Free Market (Do the right thing, and let the chips fall where they may.)
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To: 668 - Neighbor of the Beast
I can’t even think of a reason, any reason, why an adult’s birth certificate cannot be viewed. What’s on it? Name, parents’ names, date, location. Which one of those is the wart?

Probably "All of the above "

20 posted on 10/10/2008 4:43:13 AM PDT by TheCipher
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To: 668 - Neighbor of the Beast
I can’t even think of a reason, any reason, why an adult’s birth certificate cannot be viewed. What’s on it? Name, parents’ names, date, location. Which one of those is the wart?

Probably "All of the above "

21 posted on 10/10/2008 4:43:21 AM PDT by TheCipher
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To: Lancey Howard
Perhaps McCain needs an Ad explaining to the American people that Obama and his lawyers refuse to provide documents proving that he is eligible to be president.
"What are you trying to hide Senator?" could be the repeated mantra as they document the steps he has taken to block production of the proof of his citizenship.

22 posted on 10/10/2008 4:45:33 AM PDT by The Brush
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To: Dr. Free Market

That is a certificate of live birth ( COLB) posted on BHO’s site. It has been challenged as being a fake. What Berg is suing for is called the “vault certificate”. It shows the name of the hospital where he was born. The COLB is basically a summary issued when requesting a birth certificate.


23 posted on 10/10/2008 4:45:51 AM PDT by TheCipher
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To: Dr. Free Market

That was long ago proven to be a fake document.


24 posted on 10/10/2008 4:46:46 AM PDT by SW6906 (6 things you can't have too much of: sex, money, firewood, horsepower, guns and ammunition.)
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To: 668 - Neighbor of the Beast
I can’t even think of a reason, any reason, why an adult’s birth certificate cannot be viewed. What’s on it? Name, parents’ names, date, location. Which one of those is the wart?

Probably "All of the above "

25 posted on 10/10/2008 4:46:53 AM PDT by TheCipher
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To: TheCipher

Don’t know why my last posted three times, only submitted it once :-)


26 posted on 10/10/2008 4:51:08 AM PDT by TheCipher
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To: Republic

here’s my question...WHO exactly vets these candidates? Is it the Secret Service? DOJ? FBI?


27 posted on 10/10/2008 4:52:16 AM PDT by queenkathy (Pray 4 Josh... www.carepages.com ( joshuaourwarrior) brain injury from allergy shot)
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To: dalereed

Part of the mythological archetype of the hero is that his origin is obscure. Obama went to an Ivy League college; he knows that. There you don’t achieve heroic stature fighting in wars or on the athletic field, you do it the good old fashioned Joseph Campbell way: symbollically.


28 posted on 10/10/2008 4:54:42 AM PDT by mathurine
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To: queenkathy

The media.


29 posted on 10/10/2008 4:54:48 AM PDT by SW6906 (6 things you can't have too much of: sex, money, firewood, horsepower, guns and ammunition.)
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To: Quix

“AMEN! AMEN! Lord, please let this blow up in the Obamma camp’s faces wholesale at the worst possible time.”

The risks of this blowing up and becoming a huge media event are:

A) BHO was actually born in Hawaii
B) BHO has “bribed” Hawaii officials to create a fake document, end result is “A” above.
C) Legitimate or “Legitimate” document is produced at the height of media fury and this train is derailed with huge media exposure in favor of BHO, casting aspersions of doubt on other claims of impropriety against him.


30 posted on 10/10/2008 5:00:03 AM PDT by Rebelbase
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To: dalereed

Location,location,location!


31 posted on 10/10/2008 5:00:48 AM PDT by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: TheCipher

Thanx


32 posted on 10/10/2008 5:33:41 AM PDT by Dr. Free Market (Do the right thing, and let the chips fall where they may.)
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To: queenkathy
here’s my question...WHO exactly vets these candidates?

The answer, I believe, is NO ONE.

While the Constitution states qualifications for the Office of the President, it doesn't say who has the standing to check and enforce them.

33 posted on 10/10/2008 5:47:00 AM PDT by Pearls Before Swine (Is /sarc really necessary?)
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To: Rebelbase; All
“AMEN! AMEN! Lord, please let this blow up in the Obamma camp’s faces wholesale at the worst possible time.”

Barack Obama needs to be asked why he continues to associate and break bread with people who detest the America that we love. He needs to be asked why those people, even ones he may not know, even ones like Hugo Chavez or Mahmoud Ahmadinejad, are supporting him and rooting for him to be successful on the fourth of November. On page 100 of his bestselling memoir, Dreams from My Father: A Story of Race and Inheritance, Barack Obama wrote the following:

To avoid being mistaken for a sellout, I chose my friends carefully. The more politically active black students. The foreign students. The Chicanos. The Marxist Professors and the structural feminists and punk-rock performance poets. We smoked cigarettes and wore leather jackets. At night, in the dorms, we discussed neocolonialism, Franz Fanon, Eurocentrism, and patriarchy. When we ground out our cigarettes in the hallway carpet or set our stereos so loud that the walls began to shake,we were resisting bourgeois society's stifling constraints. We weren't indifferent or careless or insecure. We were alienated.

Go and get the details at:

http://www.americasright.com/

Recommended reading!!!

34 posted on 10/10/2008 6:01:15 AM PDT by danamco
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To: 668 - Neighbor of the Beast

“Any facts to the contrary are racist!”

So i’m a racist!


35 posted on 10/10/2008 6:24:28 AM PDT by dalereed
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To: texgal
There you go, excellant idea. After all Obama challenged McCain to "Say it to his face". Turn around is fair play.

I fear this will drag in the courts until it is too late.

36 posted on 10/10/2008 6:25:26 AM PDT by annieokie
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To: mathurine

“Obama went to an Ivy League college”

That’s an admission of getting an inferior education as far as i’m concerned.


37 posted on 10/10/2008 6:26:52 AM PDT by dalereed
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To: TheCipher

“The COLB is basically a summary issued when requesting a birth certificate.”

Authentic ones also have the state seal which this phony doesn’t.


38 posted on 10/10/2008 6:29:44 AM PDT by dalereed
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To: danamco
good FODDER for Palin, hope she sees this and uses it.

"He chose is friends carefully" is a damning statement in light of what he has said about Ayers and others.

39 posted on 10/10/2008 6:30:31 AM PDT by annieokie
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To: Quix

“Lord, please let this blow up in the Obamma camp’s faces wholesale at the worst possible time.”

I would hope this would “blow up” in the Obama Camp’s faces in an extraordinary manner at the BEST possible time to be most effective in ruining the “Communist Gangbanger’s” chances at achieving his goal.


40 posted on 10/10/2008 6:37:45 AM PDT by rockinqsranch (Dems, Libs, Socialists, Call 'em what you will, they ALL have Fairies livin' in their Trees.)
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To: All

Since his mother was an American citizen, doesn’t that make him one automatically, no matter where he was born?


41 posted on 10/10/2008 6:45:56 AM PDT by Proud 2BeTexan
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To: Lancey Howard

seeing how the court hasnt ruled on the Motion to Dismiss yet, and now another motion has been filed, i am pessimistic that the COLB issues will be resolved prior to November 4.

It would take an extraordinary chain of events for that to happen.


42 posted on 10/10/2008 6:51:26 AM PDT by Canedawg (If the law supposes that, said Mr. Bumble, the law is a ass, a idiot.)
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To: Lancey Howard

Could it be this is a distraction? It puts the question of eligibility out there, and no matter what the court decides, it won’t matter because the COLB is in someone’s hands.


43 posted on 10/10/2008 6:54:27 AM PDT by Heart of Georgia (McCain (Doggone it)/Palin (You betcha)
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To: Proud 2BeTexan
Since his mother was an American citizen, doesn’t that make him one automatically, no matter where he was born?

NO. He has to be a "NATURAL BORN," which he is NOT, and can NEVER be!!!

44 posted on 10/10/2008 6:59:37 AM PDT by danamco
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To: Pontiac

INDEED.

AMEN! AMEN!

They will become ashes at the feet of all who Love God.

—in His time.


45 posted on 10/10/2008 7:04:56 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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To: Tax-chick

THANKS THANKS.


46 posted on 10/10/2008 7:05:38 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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To: Dr. Free Market

The proven altered doc using his Sister’s I think.


47 posted on 10/10/2008 7:07:47 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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To: queenkathy

here’s my question...WHO exactly vets these candidates? Is it the Secret Service? DOJ? FBI?

= = =

The GPTB

[Globalist Powers That Be].

And their political parties . . . sort of . . . see 2 lines above.


48 posted on 10/10/2008 7:09:14 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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To: Rebelbase

We shall see.

I don’t see a lot of likelihood that it’s a wonderful risk for Obumma.


49 posted on 10/10/2008 7:10:47 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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To: rockinqsranch

True.

I was speaking of the worst possible time from THEIR, THE TRAITOR’S PERSPECTIVE.


50 posted on 10/10/2008 7:13:37 AM PDT by Quix (POL LDRS GLOBALIST QUOTES: #76 http://www.freerepublic.com/focus/news/2031425/posts?page=77#77)
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