Skip to comments.Barack Obama Seeks To Block Discovery in Citizenship Lawsuit
Posted on 10/10/2008 6:53:14 PM PDT by pissant
In a lawsuit styled Berg v. Obama, lawyers for Barack Hussein Obama have filed a Motion for Protective Order, seeking to block discovery until his motion to dismiss is ruled on by the court. The Motion for Protective Order filed by Obama and the Democratic National Committee, asks the court to issue 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."
In his lawsuit, the Plaintiff, Philip J. Berg, a Philadelphia attorney, alleged that Defendant Barack Hussein Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old, to regain his U.S. citizenship status. The lawsuit raises not only the Indonesian citizenship issue but also questions whether Obama was a citizen of Kenya.
The motion to block production of documents is just the latest in a series of filings in the case, but has become a focal point of the suit. According to a web site maintained by the Plaintiff, the Plaintiff requested that three documents be produced by Obama:
1. a certified copy of Obamas vault (original long version) Birth Certificate;
2. a certified copy of Obamas Certificate of Citizenship; and
3. a certified copy of the Oath of Allegiance taken by Obama at the age of majority.
Mr. Berg asserts that if Barack Hussein Obama will produce the above documents and prove his eligibility for the Office of the Presidency, that he (Mr. Berg) will dismiss his lawsuit voluntarily. To date, Obama has refused to produce these documents to Mr. Berg.
This is rich, the Presidential candidate does not want to prove he is qualified to be President. How does that work again? What do we get a do over if it proves he is Kenyan?
There’s no good reason for him to try to block discovery...unless!
Hmmm...where there’s smoke there seems to be an inferno
Cmon now, he did post a fraudulent COLB on the Daily KOS site.
ANd no good reason why the MSM isn’t covering this case. Too busy worrying why Palin fired some mid level, incompetent bureaucrat, I guess.
I have to wonder, why hasn’t the RNC joined the suit and ask for emergency discovery?
So what? The Dems will just in a matter of days pass a law that says you can run for Pres ONLY if you were born in the US ...
( there, that solved Obama’s problem. Now move along....Here comes the Messiah.)
I have no idea.
Well, no — The laws cannot erase what was at the time ... So Buraq was a Kenyan and US citizen at the same time at the time time the laws were in effect. He therefore does not meet the naturalized citizenship qualification.
So yes they can make a new law, which covers the future, but not the past. Why wouldn’t Buraq want America to know he was Kenyan?
There are only two requirements to be President defined in the Constitution, and Obama refuses to provide evidence for one of them. Bwahhhhaaaahahahaahahahah!
Can’t do that. The citizenship requirement is in the Constitution.
There is the possibility that he was born in Hawaii but has something to hide. It is possible that his parents were not married at the time. But then again, we already knew that Obama was a b@stard.
I do believe at the time they didn’t want to face hillary.
Since that is no longer possible, McCain should be part of the lawsuit.
Berg did add some democrats as plantiffs because they are on the committee that oversees elections. One of the names added is Diane Feinstein. I’ll bet she was surprised.
Un freakin’ believable....that the FEC, RNC, FBI and DOJ are all silent on this issue of Obama’s possible fake COLB.
I had to personally go to a NYC hospital archives for them to drag up a copy of my birth certificate before applying for a passport. That a pres. candidate does not have to produce a valid birth certificate is ATROCIOUS! Beyond insanity by this hapless, spineless govt.
As I wrote in another thread, I was just thinking about this.
If Obama was born in Hawaii, there should be a notice in the local newspaper. Newspapers always print Birth notices...saying who was born. If we know Barrys birthday, and his hometown, his name should be in the newspaper closest to his birthday. If we do not find him listed, then he wasnt born there.
Hospitals send the list to the newspaper. It would be in the archives.
Any Hawaii FReepers willing to look? Sit and look at endless microfilm for hours? I would really like to know the truth.
Someone posted the other day that the key document was not the birth certificate. He stated the reasons why.
The sidebar reasons work in bho’s benefit....’mother was not married’, ‘father incorrect’, etc....they all play into his narrative as victim and overcoming the odds...blah..blah.
What doesn’t work is whether he is native born...for obvious reasons. He should want to put this to bed immediately unless he has something to hide.
I hope you have something to hide mr. bho. You will destroy the dem party in the process...along with thousands of msm virtual lovers.
tuckrdot.....you’re making it obvious that you’ve done some research. That announcement has been published all over the net. As you obviously know, those announcements are not official nor are they LEGITAMATE. Produce the documents as stated in the case and everyone goes their merry way.
I agree. RNC always wants my money but they don’t do a damn thing for me.
Next time..tell us how your really feel!
BTW....heard tonight, Obooma would never be hired by the FBI or secret Service because of his association with Ayers. Ha. Go figure!
I have been asking and posting about this since July 1.
Where there is smoke there is fire.
hopefully it’s because he’s in Hillary’s pocket and he’s waiting for the optimal damage timing.
Judge thinking “Hello Supreme Court in 2012”
I still say that McCain can say Obama and the DNC are tying up the court system and all Obama has to do is just provide the proof and quit taking the court and the judges time with all these motions.
Barack Obama Seeks To Block Discovery in Citizenship Lawsuit
I heard Chris Matthews tonight talking about Obama and his “immigrant history” or something to that affect. One of the other morons on the show had to be sure and correct him that Obama is absolutely NOT an immigrant. CM was complaining about people using Obama’s middle name—how dare they!!! Makes me want to barf...
Hmm No birth certificate, cloudy origin, Maybe the AntiChrist?
Take a look at this thread from July 7, 2008
Federal Courts have no jurisdiction to enforce the US Constitution? Who does, then?
Here’s a working link:
The motion was only to stay discovery until AFTER the judge had ruled whether or not Berg has standing to bring the case to court in the first place.
At this point, the judge still hasn't ruled on Berg's standing. And if the rulings in the two cases brought against McCain are any indication, he doesn't.
And if he's found not to have standing, then discovery is a rather moot point.
Yes, Berg believes that he was born in Kenya, but I don't believe that Berg believes the birth was ever registered in Hawaii as a Hawaiian birth.
As to the ad in the paper, has anyone we trust verified that the image you display is from a Hawaiian newspaper? If so, what newspaper and what date? Does the announcement specify the location at which he was born? (From my experience, birth announcements usally contain the name of the hospital where the birth occurred.)
I wouldn't expect the McCain people to do something like that. Bob Barr?
It's a question of when the federal courts can enforce the US Constitution.
Our government was structured around the concept of a separation of powers. Basically meaning that the legislative branch has its bailiwick, the executive branch has its bailiwick, and the judicial branch has its bailiwick. And it was intended that no branch would be able to undermine or usurp the powers of another.
Out of this separation of powers came the political question doctrine. Basically it says that, for example, the courts can't just step in and declare a piece of legislation unconstitutional before it's even been enacted by Congress or signed into law by the President.
That would undermine the powers of the legislative and executive branches.
So the courts would have to wait until Congress passed the legislation and the President signed it into law.
In this instance, it would be premature for the courts to involve themselves since the other mechanisms for dealing with a situation as this have yet to be played out.
For example, states may state the qualifications as to who may appear on their state ballots. However that is entirely a state question as Article II grants sole power to the states when it comes to appointing electors.
Next there are the electors, who by the Constitution are the only ones responsible for casting votes for President and Vice President. Electors may take Article II qualifications into consideration when casting their votes on December 15th.
And then there is Congress, who by statute may challenge any of the electoral votes.
So in other words, the political question doctrine says that the courts can't enforce the Constitution until such time as these other mechanisms have played out.
For a more detailed insight into this, I recommend reading the motion to dismiss filed by the RNC and John McCain in Robinson v. Bowen.
Read page 6 starting at paragraph 15 and up to page 8 at paragraph 22.
What do we get a do over if it proves he is Kenyan?
As Berg says, we get a CONSTITUTIONAL CRISES.
Naaaah. The Constitution already anticipates such an eventuality. See the Twentieth Amendment.
I think I made is obvious that I HAVEN’T done my research! I just found out about the announcement.
I use to work for a newpaper. Hospitals use to give the list to the paper about once a week, or every two weeks. Parents would fill out the form at the hospital. At the top of the column it would say, “such and such hospital announces births”. Does his say that?
Even if he was born in Hawaii, I want assurances that he was not adopted in Indonesia, and never again became a citizen. I believe that is the cover up.
...have filed a Motion for Protective Order, seeking to block discovery until his motion to dismiss is ruled on by the courtThat's intelligent. Let's delay this until after the election, when the court will do what, exactly? Dismiss the whole thing with the understanding that Obama isn't eligible to serve as the POTUS? Or, will the court let the case go forward, possibly invalidating Obama's candidacy (or victory, should he win)? Thanks LucyT.
Bear with me if I told you this already, but here’s why I believe that the BHO birth certificate posted on the Internet is fake. I’m currently filling out the paperwork to adopt three orphaned children in the Philippines, and recently I had to order three copies of my birth certificate for that process. I was born just two years before Obama, in the state nearest to his (California), so I would expect his birth certificate to look something like mine. Instead, my birth certificate contains much more information: the name and address of the hospital, the name of the doctor, the ages of my parents, and a bunch of signatures from everyone involved except me. By contrast, the Obama birth certificate is virtually blank. What is the Obama campaign trying to hide? That he wasnt born, perhaps?
if the case somehow gets dropped the RNC should file lawsuits in all 57 states Obama has visited.
Good news is that the judge has had several opportunities to kick the lawsuit out on these grounds and has not done so.
The best case or controversy argument is that neither candidate is eligible under Article II, Sec. 1 (and thus harm does not depend on who wins). And that argument also supports the standing argument.
As to standing, joinder of election officials; maybe joinder of election officials in other jurisdictions; maybe joinder of the actual electors in Pennsylvania would support Berg's position.
"57 states was a reference to Tur-ray-zah, widow of Senator John Heinz, and therefore to the 2004 presidential run by her current husband, Lurch, er, Senator Kerry. Obviously it wasn't a reference to the 57 states I thought I knew, and to suggest otherwise shows how desparate the McCain campaign has become."
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