Posted on 10/06/2008 4:30:11 PM PDT by NoobRep
TWO FILINGS: Berg Files Motion for Leave to File Amended Complaint, Obama and DNC File Motion to Delay Discovery Until Judge Decides on Prior Motion to Dismiss
It was a busy day in the Eastern District of Pennsylvania today. First, attorney Philip Berg files a motion asking the court to permit him to file an amended complaint with several additions, and then next, attorneys for Barack Obama and the DNC file a motion asking the court for a protective order, essentially asking that the judge rule on their motion to dismiss for lack of standing before ruling on Berg's motion for expedited discovery.
Bear with me, here. Geez, I wish I could just do this for a full-time job -- it would be so much easier without all this other stuff (work, school, etc.) in the way!
Keep checking back. Due to the amount of information, I may split this up into two separate posts. We'll see.
-- Jeff
4:45 p.m. -- Obama, DNC File Motion for Protective Order
I'll pretty it up and explain things a little bit better later on this evening, but here's what's going on, so far and in brief:
As I was talking with one of my contacts at the courthouse about this motion, my phone rings and it is Philip Berg. He's fired up. Apparently, he had just been contacted by John LaVelle, attorney for Barack Obama and the DNC, and asked whether he would "put off discovery until Judge Surrick ruled on the motion to dismiss."
Until I have time to get into this more specifically, here's the rub:
Basically, the law states that Judge Surrick can order discovery even in the face of a pending dispositive motion such as the motion to dismiss filed on September 24 by Obama and the DNC. In other words, he can order full discovery, limited discovery, or none at all before ruling on the dismissal. The attorneys for Obama and the DNC, however, just filed a motion asking for a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted."
Just like with the amended complaint, an attorney cannot simply file a protective order but must file a motion for one, essentially asking the court to issue one. Make sense so far? That's what this is -- defense attorney John LaVelle filed such a motion this afternoon, a motion asking the judge to issue a protective order which would allow for a ruling to come down on the motion to dismiss before the commencement of any discovery.
Obviously the first reaction is "what do they have to hide?" or something along those lines. Rule 26(c) of the Federal Rules of Civil Procedure provides authorization to the court for just such a matter, ostensibly to protect one of the parties from embarrassment or oppression or the like. I'm sure there's some case law on it as well. Still, even knowing the rules, I will admit that my first reaction was one of suspicion.
As for Philip Berg, while he and I will chat later on, here's a snippet of what he had to say in our brief conversation:
"He's asking to delay discovery and, Jeff, I'm obviously going to oppose it, " he said. "This isn't right. This just isn't right. By tomorrow, we'll have a response and put out a press release. The American people should hear about this and, if they do, they should go nuts. It's time to put up or shut up."
He didn't repudiate Wright until it got to hot for him in the press. The media isn't covering this so there is no reason to produce anything unless under court order.
Before giving a security clearance though wouldn't the government still do a thorough background check on the candidate? For all we know he could be a KGB-type mole. If these reports turn out to be true then that would mean there's been a serious lack of vetting on the part of whatever agency is responsible for doing the checks.
If this is a red herring, as long it keeps Berg occupied, that’s one less mischief maker Obama has to worry about.
Well for now it’s 8 minutes, the drama builds to the big ending, I would hope enough people have 8 minutes for their country.
I’ve sent it many places, it would be nice if a 527 used it as a template for an ad.
10.00 bucks to get the COLB and all this goes away. Bt insted they have chosedn to spend tnes of thousnads to fight it.
McCain was comlled to provide his.
The Judge that dismissed the McCain suit said it’s up to the senate and needs to be determined AFTER the election.
http://www.insidebayarea.com/ci_10492319
The DNC knows Hussein is a Kenyan national and needs to stall to get Biden in.
Thats the funniest thing of all. A birth certificate has been released but he won’t submit that one because he knows its phony and doing so would be a federal crime. And in doing that he admits he knows the previously released one is a forgery.
I wonder if it will have an "effective date" just like BHO's SSS registration.
That’s crazy then. I just assumed and wrongly it appears that a background check would be standard procedure. Again I think it comes down to the fact there isn’t any precedence for this as no prior candidate for president raised the type of citizenship alarms as this one is doing.
DASD? DASD! You’re one of those lab coat wearin’ mainframe types aren’t cha? :-)
John Kerry had men who came forward to say he was a hero...he had some come forth and say he was a traitor...point is PEOPLE KNEW HIM....
There is NO ONE and I mean NO ONE who is coming out to say “Yea..Barry O was cool to hang around with in high school...or man he’s one I’d like to have my back...or he was a great college friend..”...
There is no one who has come forward to say they knew this guy deeper than in passing....this guy is only known in passing...Barry who are your American friends...and I don’t mean the two Pakistani’s you hung with....
Their apparent acceptance of Obama despite the questions is just another example of how they consider the Constitution to be a living document. So what if he's not American, times have changed? That's their attitude and even knowing what we do now they'll still vote for him by the millions if given the chance.
I’ll differ slightly on your take. John McCain was born of US parents who were there on military orders. At the time of his birth the law of the land was that anyone born by a US citzen in the world would be considered a US citizen. The laws are different when BO was born and are different now.
As far as the judge determining that the senate or congress would make judgment may have value. The constitution only states that you need to be natural born citizen to serve a POTUS. You don’t have to be a natural born citizen to run for the office of president. If BO were to win he could not assume the role of POTUS based on his citizenship issues. At best we get President Biden. What do you think our chance of the current congress abiding the constitution?
The problem I have with that is Barack has raised and spent millions and millions fraudulently if he’s not eligible.
If proven ineligible, we’ll need an amendment that forces the Secs of State of every state to vet eligibility prior to ballot placement.
That is actually another part of Mr. Berg’s lawsuit. He is suing BO, The DNC and the FEC for maintaining a fraudulent campaign which has bilked American voters out of $400 dollars.
He is accusing BO of not being a citizen (actually an illegal alien), he is accusing the DNC as knowing about it and he is suing the FEC for not fulfilling there responsibilities.
Woops, that should say $400 million dollars.
At first I thought this was a bunch of truther nonsense but now I’m thinking that there might be something to this after all.
Otherwise, why all the stall tactics?
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