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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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To: Calpernia

If today is the deadline, doesn’t he have until 23:59:59 to comply?


101 posted on 10/21/2008 6:47:27 AM PDT by bert (K.E. N.P. +12 . Off With her head.....)
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To: getmeouttaPalmBeachCounty_FL

There is a court filing in Hawaii too:

http://www.freerepublic.com/focus/f-news/2110770/posts
Hawai’i Supreme Court asked to issue emergency writ opening secret Obama birth files


102 posted on 10/21/2008 6:47:32 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Sig Sauer P220

We are going to have riots no matter what so lets go forward and boot bambi out of eligibility.

Bambi wins....riots
Bambi loses....riots
Bambi disqualified....riots


103 posted on 10/21/2008 6:49:15 AM PDT by HerrBlucher
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To: Fawn
Didn't his grandma just come out and say he was born in Kenya?

That was his paternal grandmother, his maternal grandmother in Hawaii is purportedly on her deathbed.

104 posted on 10/21/2008 6:50:44 AM PDT by Roccus (POLITICIAN.....................A four letter word spelled with ten letters.)
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To: politicalmerc
Why not just deny the admissions?

It appears to me that they have made a decision that putting any facts in the news cycle will be more damaging that what a discovery default will do to the case. They will risk a hit on procudure and bank on the impulse of the Court to decide the case on the marits at a later time.

105 posted on 10/21/2008 6:50:57 AM PDT by frithguild (Can I drill your head now?)
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To: library user

I thought the statement was made by NO’s Kenyan g’ma?


106 posted on 10/21/2008 6:51:40 AM PDT by getmeouttaPalmBeachCounty_FL (****************************Stop Continental Drift**)
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To: Fawn

The grandmother who said he was Kenyan is his step grandmother who lives in Kenya I believe.


107 posted on 10/21/2008 6:52:01 AM PDT by codder too
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To: library user

Maybe he’s hoping for riots to break out...”GIVE it to him anyway! He’s the messiah!”


108 posted on 10/21/2008 6:53:57 AM PDT by getmeouttaPalmBeachCounty_FL (****************************Stop Continental Drift**)
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To: yldstrk

Obama’s team didn’t get an extension of time to respond? WTF? Are they so arrogant they thought the judge would dismiss the suit and O would be off the hook? We already know he’s off the chain.


109 posted on 10/21/2008 6:54:42 AM PDT by Pinetop
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To: redk
Before I went to Saudi Arabia, I had to get a certified copy of my birth certificate from another state while I was in Missouri. Wasn't hard at all and didn't take long. My original I got from my parents had typos on it so I'm glad I got the new one.
110 posted on 10/21/2008 6:54:43 AM PDT by Hillarys Gate Cult (The man who said "there's no such thing as a stupid question" has never talked to Helen Thomas.)
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To: library user
" Didn't his grandma just come out and say he was born in Kenya "
That is his other grandmother who is stated of saying that she was there at the time of his birth in Kenya and was a wittiness to it..... it is not his white ( under the bus ) grandmother in Hawaii who he all the sudden happens to have a need to go see .... can we say a Coincidental Happenstance ? that also ? the same day ? a emergency order from a law suit was filed in Hawaii to open his real Birth Certificate.....
I can smell a liar when I see one , that ? when their stories do not line up,, and what they say just does not jive ....
111 posted on 10/21/2008 6:55:15 AM PDT by Prophet in the wilderness (PSALM .53 : 1 The FOOL hath said in his heart, there is no GOD.)
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To: edcoil

Besides, isn’t Biden a Constitutional lawyer? Surely he will find at least one or two loopholes?


112 posted on 10/21/2008 6:55:45 AM PDT by sarasota
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To: politicalmerc

Correct me if I’m wrong here, but in the case of Clinton, it wasn’t so much his perjury but the cover-up that got him into trouble.

And wouldn’t that also be grounds to get kicked out of the Bar?

And for sure, if he isn’t eligible to be president, he can’t be a senator either.

So why not go back to Hawaii. It’s a lot easier to insulate yourself on a “little” island — little, as opposed to the mainland.


113 posted on 10/21/2008 6:56:07 AM PDT by quintr
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To: Hacklehead

“If Obambi is disqualified, you will have riots in the streets of all major cities.”

Fine. I’d much rather have that than the recreation of the Ton Ton Macoute, or a creeping socialism that kills silently and persistently.


114 posted on 10/21/2008 6:56:31 AM PDT by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: codder too
The grandmother who said he was Kenyan is his step grandmother who lives in Kenya I believe.

Wow, I never even thought of this before. What with his father having had at least 3 wives, 4 including Obama's mother (at least), then Lolo Soetoro's mother, Obama would have at least 5 grandmothers. A maternal, a maternal and at least 3 steps.

115 posted on 10/21/2008 6:57:07 AM PDT by Netizen (If McCain really put 'Country First' he'd have been working on securing our borders.)
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To: gimme1ibertee
" Now we know why he flew to Hawaii so suddenly. Sick grandmother my butt!! "

A Coincidental Happenstance.
116 posted on 10/21/2008 6:57:34 AM PDT by Prophet in the wilderness (PSALM .53 : 1 The FOOL hath said in his heart, there is no GOD.)
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To: HighlyOpinionated

“Occidental or Columbia or Harvard spoken up?”

Between all his communist, radical, Afro-centric, terrorist, socialist professor friends, they’ve got him covered.


117 posted on 10/21/2008 6:57:36 AM PDT by getmeouttaPalmBeachCounty_FL (****************************Stop Continental Drift**)
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To: austinaero

He’s not leaving the country until Thursday. Also, RFA’s are yes or no. No need for a narrative answer or a lot of dithering since the topic is very straightforward.


118 posted on 10/21/2008 6:57:40 AM PDT by Pinetop
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To: bert

Per this, I don’t think so:

“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.”


119 posted on 10/21/2008 6:58:10 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: getmeouttaPalmBeachCounty_FL
Maybe he’s hoping for riots to break out...”GIVE it to him anyway! He’s the messiah!”

Release Barabas Obama!

120 posted on 10/21/2008 6:58:26 AM PDT by Netizen (If McCain really put 'Country First' he'd have been working on securing our borders.)
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To: Pinetop

>>>Obama’s team didn’t get an extension of time to respond? WTF? Are they so arrogant they thought the judge would dismiss the suit and O would be off the hook? We already know he’s off the chain.

I *think* that was covered on this thread:

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


121 posted on 10/21/2008 7:00:38 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: quintr
And for sure, if he isn’t eligible to be president, he can’t be a senator either.

To be a US Senator, one must be a US citizen for 9(?) years.

To be POTUS one must be a "natural born US citizen."

I'm bettin' NOBODY CHECKED when he ran for the US Senate.

122 posted on 10/21/2008 7:01:06 AM PDT by Roccus (POLITICIAN.....................A four letter word spelled with ten letters.)
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To: Calpernia

Berg is certifiable, and so is anyone who thinks this suit is going anywhere. Obama’s laywers filed a motion for protective order, asking to delay discovery pending a ruling on the motion to dismiss. (Both motions, I should add, are well-founded.) He is not required to respond to discovery until the court rules on the motion for protective order. The RFAs certainly have not and will not be deemed admitted.


123 posted on 10/21/2008 7:01:09 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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To: Calpernia
Yes, I know. Photobucket
124 posted on 10/21/2008 7:01:27 AM PDT by getmeouttaPalmBeachCounty_FL (****************************Stop Continental Drift**)
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To: politicalmerc

I can’t believe they wouldn’t file a motion to extend the time to answer, a motion to strike as not timely or, at the minimum,provide written objections. I agree there may indeed be a perjury issue lurking.


125 posted on 10/21/2008 7:03:31 AM PDT by Pinetop
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To: library user

Perhaps Obama is going to convince his grandmother as well as the MSM that there is an alzheimers situation; hence her (if I have the right grandmother) admission that O was born in Kenya.


126 posted on 10/21/2008 7:04:16 AM PDT by sarasota
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To: pabianice

I saw a printed ballot yesterday (Galveston Co TX), and Cynthia McKenney’s name is on the list of people whom are running as ‘write-in’ candidates.

Unbelievable.


127 posted on 10/21/2008 7:04:40 AM PDT by i_dont_chat (The elephant is dancing for the lady from Alaska)
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To: library user; Fawn

Obama’s Kenyan grandmother (father’s mother) is the one who says he was born in Kenya and that she was present. The sick grandmother in Hawaii is white and is his mother’s mother.


128 posted on 10/21/2008 7:06:07 AM PDT by kalee
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Here is the DNC’s Motion from October 20, 2008 to dismiss the suit.

Now Berg has to issue his motion.

http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/20/0.pdf


129 posted on 10/21/2008 7:06:25 AM PDT by ncfool (Obama stands for The New United Socialist Sta'te or "TNUSSA")
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To: kittymyrib

“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.”

On all points, you and I are on the same page.

As I have said elsewhere, in our lifetime we have seen a president lie to each of the citizens of our nation, and then lie to a judge while under oath and screw a young woman out of her day in court, and walk!


130 posted on 10/21/2008 7:06:49 AM PDT by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: Roccus

We know more about Joe the Plumber than we do Hussein.


131 posted on 10/21/2008 7:06:50 AM PDT by JZelle
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To: King of Florida

Berg cites in post #32 section 10 that states Civil Procedure, Rule 36(a) mandates that the defense respond to the admission request regardless of the motion to stay discovery since that hasn’t been ruled on yet.


132 posted on 10/21/2008 7:08:03 AM PDT by Reaganwuzthebest
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To: bert
" If today is the deadline, doesn’t he have until 23:59:59 to comply? " ....

It's kind of difficult for him to comply if he is in Hawaii dealing with another law suit on his hands,,, unless he flies back to Pa or his legal team does it.... any lawyer can tell us ? does he have to appear in person or his legal team ?
If we hear news reports that he is flying back to Pa.. then, we know what is up.

133 posted on 10/21/2008 7:09:07 AM PDT by Prophet in the wilderness (PSALM .53 : 1 The FOOL hath said in his heart, there is no GOD.)
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KENYAN BORN?
Please support freedom of Speech which Barack Obama says he stands for. If you don't agree with my posting then use your freedom to rebuttal instead of being immature and flagging. Lets have a real and true dialog.

www.usafricaonline.com/news.html

You see lots of information on the net. This group States that our President to be was from Kenya. Are they telling us the truth? Does anybody know the story on this article.




134 posted on 10/21/2008 7:09:50 AM PDT by ncfool (Obama stands for The New United Socialist Sta'te or "TNUSSA")
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To: Prophet in the wilderness

If I’m not mistaken,the news said he would be leaving Thursday to go to Hawaii.


135 posted on 10/21/2008 7:11:03 AM PDT by tapatio
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To: Calpernia

Bump


136 posted on 10/21/2008 7:11:10 AM PDT by CodeToad
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To: getmeouttaPalmBeachCounty_FL
" Maybe he’s hoping for riots to break out " ....

Maybe this is what Joe Biden was referring to as a international crises... and needs his ( Obama supporters to help with the riots ) ..... maybe Joe's time line was off 6 months.
137 posted on 10/21/2008 7:13:32 AM PDT by Prophet in the wilderness (PSALM .53 : 1 The FOOL hath said in his heart, there is no GOD.)
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To: Calpernia

Thanks, Calpernia. That link was somewhat helpful. I still have this justifiable unease. Andy Martin, Phillip Berg and the other plaintiffs have standing issues, don’t they?


138 posted on 10/21/2008 7:14:58 AM PDT by Pinetop
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To: King of Florida

Thank you for a refreshing and concise answer. Everything that I’ve read about Berg points to him as being around the bend. Even though I could hope that this case might go somewhere, having factual details is paramount.


139 posted on 10/21/2008 7:15:00 AM PDT by SueRae
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To: Prophet in the wilderness

He is not flying to Hawaii until Thursday....I guess he could appear. However, his attorneys can file what is needed without him having to appear.


140 posted on 10/21/2008 7:15:12 AM PDT by illiac (If we don't change directions soon, we'll get where we're going)
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To: Alex Murphy

Not leaving until he makes a speech in Indy on Thursday....granny can’t be that big of a concern by not leaving RIGHT AWAY!


141 posted on 10/21/2008 7:16:19 AM PDT by RasterMaster (DUmocrats - the party of slavery, sedition, subversion, socialism & surrender)
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To: King of Florida

The legal admission acknowledges that motion as a response:

“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.”


142 posted on 10/21/2008 7:16:21 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: illiac

Excuse me, but isn’t this, like, HUGE!!!!!!!


143 posted on 10/21/2008 7:16:50 AM PDT by Charles Bronson Forever
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To: ravensandricks
Does anybody expect that a court is going to make such a finding?
////////////////
Yes absolutely. The Judge and Lawyers are going to get so much publicity and money from that, wew....Judges and Lawyers will kill each other to be the ones that stop obambi.
144 posted on 10/21/2008 7:17:40 AM PDT by TomasUSMC ( FIGHT LIKE WW2, FINISH LIKE WW2. FIGHT LIKE NAM, FINISH LIKE NAM)
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To: illiac
While in Hawaii he should stop in and see Andy Martin! Maybe have a cup of Joe!
Photobucket - Video and Image Hosting

Photobucket - Video and Image Hosting


145 posted on 10/21/2008 7:18:25 AM PDT by ncfool (Obama stands for The New United Socialist Sta'te or "TNUSSA")
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To: frithguild; Calpernia
One would think that, in this case, time is of the essence since one of the stated purposes of the lawsuit is to prevent a Constitutional Crisis.

Thank you for your efforts.

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)

LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

146 posted on 10/21/2008 7:19:04 AM PDT by LonePalm (Commander and Chef)
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To: austinaero

If his garandmother is so ill, why is it he’s leaving Thursday to go to Hawaii? He should be on a plane NOW. If The One has this much time to go rallying, then he has time to respond to this action. A judge should look at this a see that there was plenty of time to respond and therefor rule against The Messiah. The issue with his grandmother should be a NON-issue He’s had the time to respond. The clock is reading all balls. Game is over. IMHO.


147 posted on 10/21/2008 7:19:14 AM PDT by NCC-1701 (DRILL NOW. DRILL OFTEN. DRILL 24/7/365. PAY LESS. SUCK THE GROUND DRY.)
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To: ncfool

I’ve been following the Martin story. So far, what Martin has released seems nothing more than a schill for his book. Would like to see more from him, but not holding my breath.


148 posted on 10/21/2008 7:20:14 AM PDT by illiac (If we don't change directions soon, we'll get where we're going)
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To: tapatio

If his Grandmother is so sick, why is he waiting until Thursday to go?


149 posted on 10/21/2008 7:20:14 AM PDT by Exit148 (Founder of the Loose Change Club. Every nickle and dime counts!!)
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To: ncfool

He is today:

Copy:

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.


150 posted on 10/21/2008 7:23:26 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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