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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: Paperdoll; All; Spunky; ~Kim4VRWC's~; 1COUNTER-MORTER-68; 1035rep; 1curiousmind; 2ndDivisionVet; ...

Give this compilation a read:

http://noiri.blogspot.com/2008/10/news-roundup-with-quick-reference.html


351 posted on 10/21/2008 5:35:31 PM PDT by FARS
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To: Calpernia; AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
Thanks Calpernia. The fat lady hasn't sung yet...
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
Caligula did that when Tiberius fell ill...
352 posted on 10/21/2008 5:38:03 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile finally updated Saturday, October 11, 2008 !!!)
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To: FARS

Wow, thanks FARS.

http://www.freerepublic.com/focus/news/2111080/posts?page=351#351


353 posted on 10/21/2008 5:39:45 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_______Profile finally updated Saturday, October 11, 2008 !!!)
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To: Calpernia
Good evening. I trust you are well.

If this is true, then the FBI should be doing a background check on 0bama. Higher security clearances normally require an anal examine. I know, I was PRP qualified. Had to be, to work with nukes. Birth certificate, finger prints...again, and again. They even checked my elementary school teachers, high school classmates, and neighbors. I'm surprised I cleared.

Maybe we need Mr. Berg to get John F'n Kerry to release his SF 180.

5.56mm

354 posted on 10/21/2008 5:50:13 PM PDT by M Kehoe
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To: yldstrk
I’m guessing they want to get elected and then try to plead executive immunity

They want to get elected. If it's up to the USSC, the Dems will be able to keep their base in a rage by claiming a Republican USSC staged a coup.

355 posted on 10/21/2008 5:54:08 PM PDT by fso301
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To: P-Marlowe; jude24; enat; Kolokotronis; usafrjag

What do you all make of post #32?


356 posted on 10/21/2008 7:00:21 PM PDT by xzins (Retired Army Chaplain Pro Deo et Patria)
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To: TET1968; patton; theDentist; neverdem; Congressman Billybob
Hmmmn.

Robt notes that you cannot get ANY security (classified military or nuclear power related or even FBI-related) unless you have a birth record, NO drug use after age 16, NO associations with felons, NOR communist party officers (Angela Davis has run for Pres as a Communist Party candidate, NO drinking problems ....

357 posted on 10/21/2008 7:48:14 PM PDT by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Robert A. Cook, PE

...unless elected to political office.

In which instance, there are no rules.


358 posted on 10/21/2008 7:51:03 PM PDT by patton (cuiquam in sua arte credendum)
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To: edcoil
Nothing will happen over this.

Unfortunately accurate. Even if every allegation about Obama is true, the DNC will just forge a document 'proving' his eligibility. This whole thing is probably not going anywhere.
359 posted on 10/21/2008 8:21:59 PM PDT by JamesP81 (George Orwell's 1984 was a warning, not a suggestion)
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To: Arthur Wildfire! March

So what happens now, I wonder ????


360 posted on 10/21/2008 9:58:34 PM PDT by MeekOneGOP (Obama, WHO is Bill Ayers and WHY are you still friends with him? Please RSVP asap!)
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To: MeekOneGOP

We’re just gonna have to beat him fair and sqare.

Let the machine keep him at 10pts over McCain... his base will relax and stay home.


361 posted on 10/21/2008 10:05:15 PM PDT by txhurl (holy cow - WE ARE OUT OF TIME - Sarah just got my EV)
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To: FARS

“Who Owns Barack Obama?”

bttt


362 posted on 10/21/2008 10:33:16 PM PDT by 1035rep
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To: MeekOneGOP

Odds are, BO will file a motion to continue the stonewall. In the meantime, we have a petition in Hawaii, and a lawsuit in three states. To top it off, until the motion is filed, it’s technically true to say that he’s admitting he doesn’t qualify to run. [Not a lawyer, but that’s my take.]

This is such a hot issue that not even many in talk radio want to touch it. But BO is thowing gasoline on this issue. The rest is up to conservative media outlets. And to top it off:

1. There are witnesses to Obama’s birth in Kenya:

Obama Born In Kenya? His Grandmother Says Yes
http://www.freerepublic.com/focus/f-news/2104131/posts

2. There’s no evidence of a visa being kept in order while in Indonesia.

3. As a side note, he was Islamic while in Indonesia.


363 posted on 10/22/2008 3:03:03 AM PDT by Arthur Wildfire! March (Han Solo -- "It just wont matter? Turn that droid off. Never tell me the odds!")
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To: Brown Deer; Reaganwuzthebest; getmeouttaPalmBeachCounty_FL
Thanks to the three of you for helping me out with your answers and the link to the website. This helps me to explain it better to my liberal friends. My friend said she doesn't really care if Obama’s birth certificate is real of fake, she just wants Obama to win. If Obama murdered his grandma, these people wouldn't even care, seriously. They all say the same thing, “we don't care about his past, or his birth certificate, he gives us hope”. I've never met such mindless creatures. It's like Obama has some kind of hypnotic hold over them or something. It's so disgustingly sad to see how gullible people are today.
364 posted on 10/22/2008 4:04:24 AM PDT by jeepers creepers
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To: jeepers creepers

>>>They all say the same thing, “we don’t care about his past, or his birth certificate, he gives us hope”. I’ve never met such mindless creatures. It’s like Obama has some kind of hypnotic hold over them or something.

Rev. Manning says that is because he is a Mack Daddy.

http://www.youtube.com/watch?v=hfZqMkdpYi0


365 posted on 10/22/2008 4:14:06 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: Pan_Yan

cough, cough, ping


366 posted on 10/22/2008 5:14:43 AM PDT by Pan_Yans Wife
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To: Brown Deer

It’ s the new sop. Quality of life diminished, she’s aged, they morphine them out of the realm of the living. It has happened in Florida with car accident victims.


367 posted on 10/22/2008 6:33:06 AM PDT by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: txflake

** We’re just gonna have to beat him fair and sqare.

Let the machine keep him at 10pts over McCain... his base
will relax and stay home. **

- - - - - - -

Amen!

The GOP needs to turn out in DROVES, crawl across the broken
glass to vote for McCain-Palin.

Early Voter turnout in Texas was ALMOST DOUBLE the old
record this year!!


368 posted on 10/22/2008 8:29:37 AM PDT by MeekOneGOP (Obama, WHO is Bill Ayers and WHY are you still friends with him? Please RSVP asap!)
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To: jeepers creepers
My friend said she doesn't really care if Obama’s birth certificate is real of fake, she just wants Obama to win

Liberals don't care about the Constitution, it's just a living, breathing document you know.

369 posted on 10/22/2008 8:46:46 AM PDT by Reaganwuzthebest
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To: Calpernia

Any updates today on the Berg/Obamma/DNC case?


370 posted on 10/22/2008 10:04:07 AM PDT by Thermalseeker (Silence is not always a Sign of Wisdom, but Babbling is ever a Mark of Folly. - B. Franklin)
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To: xzins

If the Court orders that the admissions are deemed admitted, then they are binding admissions against the defendants unless and until the Court orders them undeemed.


371 posted on 10/22/2008 10:17:20 AM PDT by reagandemocrat
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To: Thermalseeker

No updates from Philip Berg since post 296. But America’s Right has a few new summaries up.

http://www.americasright.com


372 posted on 10/22/2008 10:55:36 AM PDT by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: gimme1ibertee

Obama’s plane stinks. Poor reporters need cans of air freshener and delousing.


373 posted on 10/22/2008 3:44:39 PM PDT by floriduh voter (ODINGA, YOU HAVE MAIL FROM YOUR AMERICAN COUNTERPART!)
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To: Calpernia

“Visiting his sick grandmother”. Translation: he’s finding a good forger to whip up a birth certificate fast. He has to find a good one like the illegal Mexicans buy. He should’ve found a reason to visit Tijuana or El Paso instead of Hawaii.


374 posted on 10/22/2008 5:24:54 PM PDT by Excuse_My_Bellicosity (Never argue with idiots. They'll pull you down to their level, then beat you with experience.)
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To: Sioux-san

Let them try. I remember when the illegal Mexicans quit work for a day in an effort to shut everything down and show how important they are. The only thing they succeeded in is making the traffic a lot better on the commute and I didn’t have to wait in line at Home Depot. I say bring it on.


375 posted on 10/22/2008 5:28:44 PM PDT by Excuse_My_Bellicosity (Never argue with idiots. They'll pull you down to their level, then beat you with experience.)
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To: M Kehoe
Look a presidential candidate is provisionally cleared at a very high level by virtue of getting the nomination! He or she gets the equivalent of the presidential daily Intel brief! Its has been that way for maybe since the Eisenhower administration. (I would have to look it up to be sure of the exact time it was first done!) Its the law.
The candidate granted full clearance by winning the office. He is the head of he executive branch has full access & authority. The Constitution grants him/her that.

Guess what? The character of the man we elect to that office matters ! Well Duh ! (Except to nearly 50% of the voting population!)

376 posted on 10/22/2008 5:37:01 PM PDT by Reily ( .)
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To: Excuse_My_Bellicosity
Take time out to see a beloved Grandmother, perhaps for the very last time......and get a boat load of drawn up documents signed and notarized.
“Just sign here Granny.” SEE YA !
377 posted on 10/23/2008 2:31:42 PM PDT by TET1968 (SI MINOR PLUS EST ERGO NIHIL SUNT OMNIA)
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