Skip to comments.Berg vs Obama: Obama and DNC File Motion to Delay Discovery
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.
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."
A Freudian slip maybe on my part? :)
The answer was in reply to your quote. Imo Obama is an illegal alien from Indonesia if his stepfather adopted him and made him a citizen of that country then didn’t go through immigration when returning to the US. Mr. Berg doesn’t believe he did.
Whether he did it or not. will NOT help him. Any dual citizenship is a disqualification if we are suppose to follow our Constitution. Pure and simple!!!
With that I'm reading conflicting opinions, with some saying it's not disqualifying constitutionally while others say yes it is. In no way should dual citizenship be allowed for a president imo but that'll be up to the courts, if they ever get around to hearing it.
In my opinion the ONLY thing that will prevent the ONE to get that power is Phillip Berg’s lawsuit referring clearly to the Constitution’s Article II, section 2, clause 5:
“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.”
On that I agree although if the rumors are correct that the GOP has the goods on Obama's citizenship they better release it soon because I'm not sure how much of an effect even that information will have if they wait too long.
It will be interesting to learn what Jerome Corsi brings to the table when he reveals his collected evidence from Kenya at H&C Monday!!!
My guess is that Obama has the birth certificate, but that the name on the certificate is not Barrack Hussein Obama. My guess is that it says that his name is Barry XXX(whatever his mother’s maiden name is. He probably adopted the Obama name after his mother divorced Soetero.
I knew a kid in college who called himself, Sean O’Shea. It wasn’t his real name, he just like the sound of it being so Irish. The kids all thought that it was his real name and when one of the teachers balked at calling him that, all the kids swore it was his real name.
Like I said before, I think that the reason is something unimportant, like the name on his birth certificate is Barry, whatever his mother’s maiden name is, and that he adopted the the Barrack Obama after her divorce. He was registered in school in Indonesia, as Barry Soetoro. I think that he was still Barry in the Hawaiian prep school,too. I think that he just thought that Barrack Obama sounded more exotic and politically expedient.
Greta the Great lately.
Well, according to the Messiah’s factcheck site: Obama was born a dual citizen and lost his Kenyan citizenship at 21
(no mention of indonesia)
I think there’s an argument to be said that he has dual loyalties & could potentially not be eligable from this alone. Look at what’s happening with the Odinga stuff... Need i say more.
Then add that he also had Indonesian citizanship which did NOT allowed anyone to have dual citizenship!
The nObama Mohammed boy can then NOT be a natural born U.S. citizen!!
Hillary's henchman, Phillip J. Berg, has it "W-right" according to our Constitution, pure and simple!!!
It’s impossible for me to believe the Founders would have considered dual citizenship as an acceptable qualification to be president, they were very specific in wanting that person to owe their full allegiance to the US. I wish the judge in the Berg case would make his ruling either way so it can move forward.
Watch for Obama to say it, no Freudian slip on his part, it's what he looks forward to turning us into.
RUSH IS DISCUSSING THE Mysterious BIRTH CERTIFICATE issue right now.
Kenya, Berg, granny, dual-citizenship, etc. all mentioned.
Cats out of the bag.........