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*Breaking* Due to Procedure, Obama and DNC Admit all Allegations
Philip Berg ^ | October 21, 2008 | Philip Berg

Posted on 10/21/2008 6:05:29 AM PDT by Calpernia

Original thread can be reviewed here:

http://www.freerepublic.com/focus/news/2109876/posts
So, why is it taking so long? What is the judge waiting for? (Berg vs Obama)

By NoobRep

Today's Update by WestCoastGal

Unless the Obama Campaign applies for a withdrawal of admission and shows GOOD CAUSE, as of today, October 21, 2008, the Obama Campaign has legally admitted that Barack Hussein Obama is ineligible to hold the office of Presidency. Full coverage of this court proceeding can be read here: http://www.americasright.com/

Below is today's legal admission!

Tuesday, October 21, 2008

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.
Admit the United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
Admit you are ineligible pursuant to the United States Constitution to serve as President and/or Vice President of the United States.

There are, however, several options for Barack Obama and the DNC at this point. The first, and most obvious, is the argument that pursuant to Rule 26(f), a request for admission may only be served after the conference for the purpose of planning discovery detailed under that rule, and therefore the 30-day time limit on Berg’s request has not yet begun. Here, though, Berg could feasibly argue either that the request for admissions is not a true discovery mechanism and is actually meant to streamline the future need for discovery, or that the defendants’ acknowledged service of the request in their October 6 motion for protective order and failed, at that time, to specifically object or answer. The second option for the defense, still easily foreseen, is that Obama and the DNC could file a motion to withdraw admissions which have been deemed admitted.

In order to file a motion to withdraw admissions deemed admitted by default, a party must show

(1) “good cause” regarding why there was no response and
(2) that such a motion to withdraw would not cause undue prejudice to the plaintiff. Here, Berg could contend that Obama and the DNC failed to meet those standards, that they cannot show “good cause” for failing to answer or object, and that withdrawing the admissions would cause undue prejudice.

Still, for Berg, the issue is clear. He simply wanted answers or objections, he said, and instead received nothing. Rule 36, according to Berg, is fairly cut-and-dry.

“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.”

http://www.americasright.com/


TOPICS: Extended News; News/Current Events; Politics/Elections; US: Hawaii
KEYWORDS: 911truther; alienbuttprobe; antichrist; berg; birthcertificate; cheaters; cuespookymusic; democrat; democrats; dnc; elections; elections2008; fraud; fraudulent; icecreammandrake; marines; mediabias; nobama08; nutburger; obama; obamalies; offmymeds; preciousbodilyfluids; sapandimpurify; tinfoilhatalert
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1 posted on 10/21/2008 6:05:30 AM PDT by Calpernia
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To: getmeouttaPalmBeachCounty_FL; flashbunny; Sicon; Just A Nobody; AuntB; KylaStarr; Cindy; ...

Obama legally ineligible ping


2 posted on 10/21/2008 6:06:45 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Calpernia

In.


3 posted on 10/21/2008 6:07:04 AM PDT by library user
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To: Calpernia

Requests For Admissions can be pretty deadly, and the failure to respond on time really bad. Where I practice anyway.


4 posted on 10/21/2008 6:07:35 AM PDT by yldstrk (My heros have always been cowboys--Reagan and Bush)
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To: Calpernia

Obama is above the law. “The one” is the law.

Nothing here, move on.


5 posted on 10/21/2008 6:07:56 AM PDT by George from New England (now from north of Tampa Bay)
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To: library user

bttt


6 posted on 10/21/2008 6:08:08 AM PDT by Hang'emAll
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To: Calpernia

7 posted on 10/21/2008 6:08:25 AM PDT by petercooper (I am a bitter clinger!)
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To: Calpernia

Has the Judge ruled on anything? Maybe he’s taking a vacation and hasn’t been to the office yet?


8 posted on 10/21/2008 6:08:28 AM PDT by Brian S. Fitzgerald (Counter Revolutionary for McCain/Palin)
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To: Calpernia

9 posted on 10/21/2008 6:08:45 AM PDT by pabianice (Inexplicable and infuriating.)
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To: Calpernia

ok waiting for BREAKING NEWS ON FOX OR CNN ANYWHERE?


10 posted on 10/21/2008 6:08:52 AM PDT by Texas4ever (!WHO IS OBAMA?)
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To: Calpernia

Seriously, does anybody expect that Hussein is going to suddenly say that he’s legally ineligible to be president? Does anybody expect that a court is going to make such a finding? Lastly, is it remotely conceivable that if this were the case, HRC and crew wouldn’t have found it and gotten it out during the primaries?

There has to be a better way to keep him from getting elected.


11 posted on 10/21/2008 6:09:03 AM PDT by ravensandricks (Jesus rides beside me. He never buys any smokes.)
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To: Calpernia

Liberals and dems believe the Constitution is wrong and not to be regarded by them or, any of the laws they don’t like.

Nothing will happen over this.


12 posted on 10/21/2008 6:09:53 AM PDT by edcoil
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To: Calpernia
We should be hearing more from this case than the silly partisan hearings about whether Sarah Palin legally fired her former child tasering brother-n-law.

The media hacks are worthless.

13 posted on 10/21/2008 6:10:21 AM PDT by FreeAtlanta (NOBAMA - it is for our future)
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To: yldstrk

For the sake of the country, they’ll have to let it slide this time. Because it would be racism and it would cause rioting throughout the land. So, this one time, its ok. Thats all folks.


14 posted on 10/21/2008 6:10:22 AM PDT by Sig Sauer P220 (Thanks to the robber barons in D.C. and on Wall St. I've been forced to become a minimalist.)
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To: yldstrk

This just seems too good to be true. Can Obama somehow claim that his ill Grandma is a reason to not respond. When I say claim, I mean use his legal team to claim the ill grandma is holding up his response.


15 posted on 10/21/2008 6:10:41 AM PDT by austinaero
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To: George from New England

When will McCain start talking about this or Fox News or Hannity.


16 posted on 10/21/2008 6:10:55 AM PDT by greyline90
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To: Texas4ever

This is this morning legal admission. I think FR and http://www.americasright.com/ are the only sources right now.

So this is really, really breaking.


17 posted on 10/21/2008 6:10:58 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: yldstrk

Do the rules apply to democrats where you practice? Because I’ve heard that the rules don’t apply to democrats pretty much across the board.


18 posted on 10/21/2008 6:11:01 AM PDT by bolobaby
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To: Calpernia

OKAY, Lawyers. What’s up with this??? Please explain to us plumbers and hod carriers.


19 posted on 10/21/2008 6:11:23 AM PDT by cookcounty (CAC scandal: Obama & Ayers: $100 million spent on "education" in Chicago. Results: ZIPPO!!!)
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To: Calpernia; All
How can Berg be so mean as to push this at a time when Obamassiah has to go to Hawaii to visit his "sick" birth certificate......I mean his sick Grandmother???
20 posted on 10/21/2008 6:11:49 AM PDT by musicman (Sarah Palin Runs A STATE - Barack Obama Runs His MOUTH)
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To: pabianice

Oh! THAT is scary!!


21 posted on 10/21/2008 6:12:01 AM PDT by sneakers
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To: Calpernia

I thought they filed a motion for dismissal? Does that not count as a response?


22 posted on 10/21/2008 6:12:16 AM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Calpernia

Aint over til we all vote - that’s the bottom line, right?


23 posted on 10/21/2008 6:12:24 AM PDT by Puddleglum
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To: Calpernia

just what the hell is up with dnc ignoring this entire issue when they could have made it go away?

something is up - not sure we have any idea what - but there is something up.


24 posted on 10/21/2008 6:12:42 AM PDT by Principled (They used the CRA to undermine capitalism. They're using ACORN to undermine democracy.)
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To: Calpernia
Since it is not one of the 57 States obama will be going to Hawaii to get out the reach of a Federal district court. /s
25 posted on 10/21/2008 6:12:50 AM PDT by Ronon
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To: austinaero

I don’t think a sick relative would be Good Case to reverse this admission though since the DNC also has not responded.


26 posted on 10/21/2008 6:13:00 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Calpernia
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...

Ping to read later

27 posted on 10/21/2008 6:13:17 AM PDT by Alex Murphy (What can I say? It's a gift. And I didn't get a receipt, so I can't exchange it.)
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To: Calpernia

Related link:

http://www.freerepublic.com/focus/f-bloggers/2110967/posts


28 posted on 10/21/2008 6:13:29 AM PDT by Cindy
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To: Calpernia
Photobucket
29 posted on 10/21/2008 6:13:47 AM PDT by johnny7 ("Duck I says... ")
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To: Calpernia
< dog-eared >
30 posted on 10/21/2008 6:14:34 AM PDT by tomkat (American craftsmanship)
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To: Calpernia

BTTT


31 posted on 10/21/2008 6:15:07 AM PDT by queenkathy (Pray 4 Josh... www.carepages.com ( joshuaourwarrior) brain injury from allergy shot)
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To: FreeAtlanta; All

32 posted on 10/21/2008 6:15:11 AM PDT by library user
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To: Texas4ever

My tagline complements your tagline.


33 posted on 10/21/2008 6:16:29 AM PDT by Homer_J_Simpson (Barak Obama: Satan's sock-puppet)
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To: greyline90

I sent it to the McCain HQ and MSM a few moments ago. I encourage all to do the same.


34 posted on 10/21/2008 6:16:32 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Calpernia


35 posted on 10/21/2008 6:17:53 AM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: pissant
See #10 below.


36 posted on 10/21/2008 6:18:00 AM PDT by library user
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To: pissant

It’s a pending action under Rule 36(a):

Rule 36. Requests for Admission
(a) Scope and Procedure.
(1) Scope.

A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:

(A) facts, the application of law to fact, or opinions about either; and

(B) the genuineness of any described documents.


37 posted on 10/21/2008 6:18:14 AM PDT by SeaHawkFan
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To: Calpernia

bookmark


38 posted on 10/21/2008 6:18:15 AM PDT by mplsconservative
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To: Principled

It’s very very clear.

Any American natural born citizen can easily, for less than $10 obtain a certified copy of an original birth certificate.

The fact that Obama would spends hundreds of thousands of dollars to fight this case is more than enough to cast reasonable doubt as to his ability to obtain one.

Or, the judgement of the man is so terrible that rather than shell out $10, he would spend nearly a million times that.

My guess is on the first scenerio.

Come on Barack. Hell, I’ll pay the $10 for you in order to see it....


39 posted on 10/21/2008 6:18:27 AM PDT by molly_jack2007 (Obama suffers from Sarahnoia!!!!)
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To: Calpernia

No problem. The MSM will cover for him.


40 posted on 10/21/2008 6:18:28 AM PDT by Obadiah (Vote for Obama so he can spread your wealth!)
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To: Calpernia

BO would simply refuse to step aside and his cult would fight any challenge to his candidacy, no matter what the Constitution says. As in the case of Clintoon, nothing gets in the way of their lust for power.
John McCain took an oath that he would support the Constitution and defend the USA from all enemies, both foreign and domestic. Now is the time to stand up and be faithful to that oath.


41 posted on 10/21/2008 6:18:41 AM PDT by kittymyrib
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To: pissant; NoobRep

Not according to the thread NoobRep posted yesterday.

http://www.freerepublic.com/focus/news/2109876/posts
So, why is it taking so long? What is the judge waiting for? (Berg vs Obama)


42 posted on 10/21/2008 6:18:48 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Homer_J_Simpson

Sock puppet about to be uncovered!


43 posted on 10/21/2008 6:18:54 AM PDT by Texas4ever (!WHO IS OBAMA?)
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To: Calpernia
I'm going to wait a couple of days before getting too excited about this.

At this point, Berg's next move would be to petition that Obama be stricken from the ballot. See how the court responds to that.

44 posted on 10/21/2008 6:19:32 AM PDT by PapaBear3625 ("In a time of universal deceit, telling the truth is a revolutionary act." -- George Orwell)
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To: Sig Sauer P220

Sadly, I agree with you as to how this play out if true.


45 posted on 10/21/2008 6:19:56 AM PDT by jersey117
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To: Calpernia

Mod took this post out of breaking news.


46 posted on 10/21/2008 6:20:24 AM PDT by library user
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To: edcoil
Liberals and dems believe the Constitution is wrong and not to be regarded by them or, any of the laws they don’t like.

If they get away with it we can look forward to men like George Soros running for office. It's a very dangerous precedent to set.
47 posted on 10/21/2008 6:21:19 AM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
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To: musicman
How can Berg be so mean as to push this at a time when Obamassiah has to go to Hawaii to visit his "sick" birth certificate......I mean his sick Grandmother???

He might need to ensure his grandmother is unable to testify.

48 posted on 10/21/2008 6:21:37 AM PDT by PapaBear3625 ("In a time of universal deceit, telling the truth is a revolutionary act." -- George Orwell)
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To: Calpernia

Maybe Barack is heading to Hawaii to pick up that birth certificate that they paid a huge sum of money for someone in Hawaii’s Department of Records to come up with? Maybe Barack’s grandmother is so ill - she won’t live past this visit? These people would do anything for victory & I’m a bit nervous about what is about to happen. We think it’s going to come out for us - but I don’t trust these people. They are evil.


49 posted on 10/21/2008 6:21:58 AM PDT by alicewonders (Sarah Palin is the face of America's future.)
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To: PapaBear3625; musicman

There is a post on Berg’s blog that says Obama is going back to Hawaii on Thursday to visit her again.


50 posted on 10/21/2008 6:23:37 AM PDT by library user
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