Everything you need to know about the Berg v. Obama case and the upcoming October surprise

This video from Attorney Phil Berg gives all the background to understand the upcoming October surprise and the Constitutional crisis it will spark.


Posted in Submitted by Claymoremind on Sun, 2008-10-12 03:11.

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Berg says that McCain produced his medical records. McCain let journalists look at his 1,000 page file for 3 hours. That is not being open about your medical records.

Obama's birth certificate has been pronounced genuine by FactCheck.org. At that site they show the genuine certificate, along with the number that some found suspiciously blanked out.

The most telling fact is that the local paper, the Honolulu advertiser from August 13, 1961 has a birth announcement of a son born to Mr. and Mrs. Barack H Obama. So either someone went back and printed a phony newspaper and slipped it into the records, or there has been a conspiracy for a LOOOOONG time.

http://www.factcheck.org/elections-2008/born_in_the_usa.html

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"Stop judging by appearances, but judge justly."

Christopher Marlowe | Wed, 2008-10-15 02:42

Fact Check is run by the Annanberg Foundation who Obama used to work for. If that is the best verification he can come up with, he's in trouble!

The alleged birth certificate on his website and the Fact Check website is a photoshop forgery that was put together by Jay McKinnon, a document specialist at, get this, the Department of Homeland Security!


Claymoremind | Wed, 2008-10-15 03:03

4. The applicable Law at the time of Obama's birth

December 24, 1952 to November 13, 1986

If, at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimation occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday.

If the dude was as smart as he purports to be, he'd produce the vault copy birth certificate and this would disappear.

Claymoremind | Wed, 2008-10-15 03:10

Anyone can call in and announce a birth and people routinely do it for babies born out of country to make the birth known to friends. It proves nothing, except that Obama's mom was claiming to be married to his Kenyan father.

Claymoremind | Wed, 2008-10-15 03:13

His birth announcement by his grandparents proves nothing. Notice how he's keeping his white grandmother hidden. Won't even reveal the home she's in in Hawaii.


Claymoremind | Wed, 2008-10-15 03:17

.7 FAM 1116.1-4 Not Included in the Meaning of "In the United States" (TL:CON-64; 11-30-95) a. A U.S.-registered or documented ship on the high seas or in the exclusive economic zone is not considered to be part of the United States. A child born on such a vessel does not acquire U.S. citizenship by reason of the place of birth (Lam Mow v. Nagle, 24 F.2d 316 (9th Cir., 1928)). b. A U.S.-registered aircraft outside U.S. airspace is not considered to be part of U.S. territory. A child born on such an aircraft outside U.S. airspace does not acquire U.S. citizenship by reason of the place of birth. c. Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth. -------------------------------------------------------------------------------- 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 -- The Constitution of the United States, Article II Section 1

joe2 | Wed, 2008-10-15 03:21

i guess were gonna have to re-elect.....

 

joe2 | Wed, 2008-10-15 03:40

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SRES 511 RSATS

Calendar No. 715110th CONGRESS

2d Session

S. RES. 511

Recognizing that John Sidney McCain, III, is a natural born citizen.

IN THE SENATE OF THE UNITED STATES

April 10, 2008

Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary

April 24, 2008

Reported by Mr. LEAHY, without amendment

April 30, 2008

Considered and agreed to

RESOLUTION

Recognizing that John Sidney McCain, III, is a natural born citizen.

Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a `natural born Citizen' of the United States;

Whereas the term `natural born Citizen', as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country's President;

Whereas such limitations would be inconsistent with the purpose and intent of the `natural born Citizen' clause of the Constitution of the United States, as evidenced by the First Congress's own statute defining the term `natural born Citizen';

Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders;

Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President; and

Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it

Resolved, That John Sidney McCain, III, is a `natural born Citizen' under Article II, Section 1, of the Constitution of the United Calendar No. 715110th CONGRESS2d SessionS. RES. 511RESOLUTIONRecognizing that John Sidney McCain, III, is a natural born citizen.April 24, 2008Reported without amendmentStates.

Claymoremind | Wed, 2008-10-15 03:43

Indonesian citizenship further mucks things up.

Claymoremind | Wed, 2008-10-15 03:49

When you look at the ASCII source code it reveals Photoshop identifiers.

Claymoremind | Wed, 2008-10-15 03:54

When you look at the ASCII source code it reveals Photoshop identifiers.

Claymoremind | Wed, 2008-10-15 03:59
Claymoremind | Wed, 2008-10-15 04:00

Did Obama's mother register him in Vancouver on her way back to the States?

I'm putting this stuff here for when this case breaks open soon.

Don't shoot the messenger. I'd rather be in front of the news than behind it.

Claymoremind | Wed, 2008-10-15 04:35

This is why you need to check everything on the internet. It's signed by Dudley Doright and John Kennedy!

Claymoremind | Wed, 2008-10-15 04:44

From the Hawaiian DHHL

In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.

Claymoremind | Wed, 2008-10-15 04:57


Is a child born outside the US to American parents legally eligible to become President?

Most likely yes.

The US Constitution (Article II, Section 1, Subsection 4) says: "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."

The term "natural born citizen" is not used anywhere else in the Constitution, and it has never been the subject of any federal court ruling. Hence, its exact meaning could be subject to controversy.

While some have suggested that perhaps a "natural born citizen" must have been born on US territory (i.e., in keeping with the definition of a citizen given in the 14th Amendment), other legal experts believe the term refers to anyone who has US citizenship from the moment of his or her birth -- i.e., someone who did not have to be "naturalized" because he/she was born "natural" (i.e., born a citizen).

The first Congress enacted a citizenship law which stated that "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens". [Act of Mar. 26, 1790, ch. 3, 1 Stat. 104.] This strongly suggests that the phrase was understood by the framers of the Constitution to refer to citizenship by birth.

At least three Presidential candidates in recent memory were born outside the US proper:

* Barry Goldwater, the 1964 Republican candidate, was born in the Arizona Territory in 1909 (Arizona did not become the 48th state until 1912). Goldwater lost the 1964 election to Lyndon Johnson.

* George Romney, a 1968 Republican hopeful, was born in Mexico in 1907 to American parents who had moved there to escape anti-Mormon persecution in the US. (Contrary to a widely held popular misconception, by the way, Romney's parents were settlers in Mexico, not missionaries.) Romney's campaign fizzled following a gaffe about his having been "brainwashed" by the military establishment into supporting US involvement in the Vietnam conflict.

* John McCain, an early Republican hopeful in the current (2000) campaign, was born in the Panama Canal Zone in 1936 to American parents. McCain dropped out of the campaign in favor of the Republicans' eventual nominee, George W. Bush.

Some questions were raised at the time regarding both Goldwater and Romney's eligibility for the nation's highest office, but no formal legal challenge was mounted in either case.

We will probably never really know whether an American citizen born outside the US can become President (or Vice-President) until a lawsuit involving such a candidate finds its way into the courts. This could happen, of course, if a foreign-born candidate were elected and the electoral college's choice were challenged in court; or, more likely, if such a candidate's right to federal campaign subsidies (matching funds) were questioned.

Claymoremind | Wed, 2008-10-15 05:02

McCain questionable also.

That resolution I posted above is a NON_BINDING Resolution and has no more legal effect than a birthday card.

McCain was born in Colon, Panama which was outside the Canal Zone. He is also refusing to release his original birth certficate, although it is rumored to be the one at the bottom.



This thing is headed for the Supreme Court either way!

Claymoremind | Wed, 2008-10-15 05:58

McCain was born in el Hospital Colón, Ciudad de Colón, República de Panamá.

I'm storing this stuff online as an easy reference when the story breaks. There is a lot of information that is being hidden on both sides, so please bear with this.

Claymoremind | Wed, 2008-10-15 08:17

Anyone can call in and announce a birth and people routinely do it for babies born out of country to make the birth known to friends. It proves nothing, except that Obama's mom was claiming to be married to his Kenyan father.

Let's say that Obama was born in Africa. So the parents call from Africa to Hawaii, and then the grandparents in Hawaii call the local paper and give the news, along with a fake local address? Why wouldn't they say that the baby was born in Africa? Were they covering up so that the baby could run for president?

The birth certificate on the factcheck site looks real enough. I think this is a non-story.

Also, the posted video makes me suspicious because they make a big deal of the "Obama is a Muslim" non-story. If he was a Muslim, why should that matter? It only would matter to McCain pinheads who think all Muslims carry bombs in their turbans. It reminds me of the redneck lady at the McCain rally that said Obama was an Arab. WTF? As if being an Arab was a crime.

If someone claims their religion to be something, who am I to say it is something else? It is their religion after all. If Obama says he is a Christian, fine. If he says he is a Muslim, fine. If he wants to make up a new religion, fine. The school in Indonesia was a Catholic school that taught Islam. Is anyone claiming that Obama was Catholic?

If Obama presented a birth certificate that has been accepted by the state officials whose job it is to check such records, then the burden of proof should shift to the people challenging the birth records. I don't see that the burden has been met. It seems like a lot of internet rumor-mongering.

Phil Berg is not the person in charge of birth records who needs to be convinced of Obama's citizenship. I don't know if Mr. Berg has standing to challenge Obama's citizenship. He can't show any particular harm. It's very simple to say, "All Obama needs to do is show his birth certificate to the judge." But Obama's lawyer will say, "Obama has already proven his citizenship, and you don't have any right to challenge it." Does Obama owe a duty to go door to door and show everyone his birth certificate?

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"Stop judging by appearances, but judge justly."

Christopher Marlowe | Thu, 2008-10-16 03:50

Anyone who lawyers up when asked to present a verifiable copy of his birth certificate is hiding something. And you are dead wrong if you think this isn't going to get some serious legs. Either way, no matter who wins, the issue of "Natural born citizen" is headed for the Supreme Court.

I wasn't aware that McCain is also refusing to provide a valid birth certificate of record of birth. I Assumed he had. Now the game can be played both ways.

I don't have a dog in this fight. I think they are both zionist stooges. The best news I've heard is what Jesse Jackson said to the New York Post.

I'm just trying to gather the information before the feces hits the rotary cooling propellers.

Claymoremind | Thu, 2008-10-16 09:29

If Obama is going to be a punk for israel, then he can take a flying fork at the moon.

I don't know if it can be said that Obama has "lawyered up", or that he has not produced a real birth certificate. Phil Berg has no right to question Obama's birth certificate. If this suit were being brought by a state official whose job it was to check such things, then Obama had better produce the certificate to the court. But Phil Berg, or Phil Spector, or Alan Dershowitz, or a homeless guy on the street has to prove that he has standing to challenge was has already been legally accepted. That means showing harm. A regular citizen has to show that he was harmed in some particular fashion. (In addition, he must show causation and redressability, but I don't see those as major obstacles once harm is shown.)

The issue of standing is used by courts to ignore some cases, as in the case of a citizen challenging some wasteful expenditure, citing harm as a taxpayer. But if the court really wants to hear the case, they will often ignore the issue of standing. For example, in the Supreme Court case of Bush v Gore, George Bush didn't have standing to challenge the Florida Supreme Court case, or to have brought a case in Florida in the first place. Bush had not suffered any harm, since he was not registered to vote in Florida. If the election was decided for Gore, then it was Gore's election, and no harm to Bush.

I was curious to see how Obama's lawyers were responding to Berg's claim, and I think they must be geniuses because they agree with me. The Obama motion to dismiss says that Berg lacks standing because he "fails to show any concrete, specific injury in fact to himself. 'A voter fails to present an injury-in-fact when the alleged harm is abstract and widely shared or is only derivative of a harm experienced by a candidate.'"

The Obama motion goes on to cite Jones v Bush, where a citizen challenged the Bush Cheney ticket on the grounds that both of them were from the same state of Texas, in violation of the 12th Amendment. The 5th circuit dismissed on grounds that the plaintiff lacked standing.

The Obama motion notes that Hollander v McCain (2008) dismissed the birth certificate challenge on the same grounds.

Another reason given for dismissing the case is that Berg's suit, which seeks only a declaratory judgment, fails to state a claim on which relief can be granted. (Subject Matter Jurisdiction (SMJ) in Federal Courts is not automatic. The statute upon which this suit is brought, 28 USC 2201 is said to enlarge the range of remedies available in federal courts, but does not create SMJ. (Citing Mack Trucks v Int'l Union UAW))

Another note that I might make here regarding "lawyering up", or in answer to the question, "Why doesn't he just produce the document?" In a word, discovery. A nuisance lawsuit can really become a nuisance when it reaches the discovery stage. The federal rules of discovery are very liberal: any thing relevant or likely to lead to relevant evidence. Discovery can lead to fishing expeditions, and in the case of a politician, going through all of your past garbage in search of skeletons.

Although people will make you sound like you are trying to hide something, it is always better to "lawyer up". Don't talk to cops. Don't talk to DAs. Don't turn things over to opposing lawyers unless they have right of discovery. Why? Because they are out to get you any way they can.

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"Stop judging by appearances, but judge justly."

Christopher Marlowe | Fri, 2008-10-17 05:12

i didn't know u were a lawyer!

 

___________________________

"Money" has no value - people do.

qrswave | Fri, 2008-10-17 05:25

but I have a JD and have passed the bar.

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"Stop judging by appearances, but judge justly."

Christopher Marlowe | Fri, 2008-10-17 10:55
Claymoremind | Fri, 2008-10-17 14:19
Claymoremind | Fri, 2008-10-17 15:35

Is it true??? 

Was he really adopted by his Indonesian stepfather and does Indonesia not allow for dual citizenship?

It seems pretty ridiculous that Obama's mother, who remains American, to renounce her son's American citizenship on account of her son's stepfather...she would have to be pretty stupid.

If so, is it even legal for Obama's custodians to denounce his American citizenship?

___________________________

"Money" has no value - people do.

qrswave | Fri, 2008-10-17 19:02

and ridiculous. One would have to legally, renounce an American citizenship to relinquish its effectivity. It doesn't merely disappear simply because one leaves the country. Moreover, in the US one is able to be a citizen of another country simultaneously as many Israeli citizens are. Dual citizens can even serve in the armies of the other nation and still remain American citizens. This latest twist in the misinformation campaign on Obama is at best silly.

_____________

"As often as Herman had witnessed the slaughter of animals and fish, he always had the same thought: in their behavior toward creatures, most of mankind are Nazis" --Isaac Bashevis 

Stern Gang | Fri, 2008-10-17 19:38

Tuesday, October 21, 2008
Berg: "Obama & 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, Philip Berg served Barack Obama and the Democratic National Committee with a request for admissions. Barack Obama and the DNC acknowledged service in their motion for protective order, filed on October 6 in an attempt to persuade the court to stay discovery. The Federal Rules require that a response be filed within the 30-day time limit, and Barack Obama and the DNC have not. Therefore, this morning, Philip Berg will file two motions:

* A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted, 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 ramifications the defendants' failure to respond may have.

“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.

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.

Claymoremind | Tue, 2008-10-21 10:10

A request to admit is a simple, cheap, efficient means of discovery. It is so basic that sometimes it gets overlooked. Some Attorneys, because they don’t use them, forget about the thirty day response requirement. When you hit them with their screw up, they invariably get the client to settle the case to hide their embarrassment at their malpractice.

In addition, the beauty is that failure to answer requests for admission is virtually bullet-proof. That is courts almost never permit additional time to answer the admissions.

Berg will file a motion to have the court order that the requests for admission be deemed admitted for purposes of the litigation.

Claymoremind | Tue, 2008-10-21 11:50

I'm not positive how the days are counted but if weekends and federal holidays are excluded, then thursday is due day. That could be why Obama is in Hawaii.

http://news.yahoo.com/s/ap/20081021/ap_on_el_pr/obama_grandmother

http://contrariancommentary.wordpress.com/

Claymoremind | Tue, 2008-10-21 12:26

Rule 6. Computing and Extending Time; Time for Motion Papers

(a) Computing Time.

The following rules apply in computing any time period specified in these rules or in any local rule, court order, or statute:

(1) Day of the Event Excluded.

Exclude the day of the act, event, or default that begins the period.

(2) Exclusions from Brief Periods.

Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days.

(3) Last Day.

Include the last day of the period unless it is a Saturday, Sunday, legal holiday, or— if the act to be done is filing a paper in court— a day on which weather or other conditions make the clerk’s office inaccessible. When the last day is excluded, the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day when the clerk’s office is inaccessible.

(4) “Legal Holiday” Defined.

As used in these rules, “legal holiday” means:

(A) the day set aside by statute for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day; and

(B) any other day declared a holiday by the President, Congress, or the state where the district court is located.

(b) Extending Time.

(1) In General.

When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions.

A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(b), except as those rules allow.

(c) Motions, Notices of Hearing, and Affidavits.

(1) In General.

A written motion and notice of the hearing must be served at least 5 days before the time specified for the hearing, with the following exceptions:

(A) when the motion may be heard ex parte;

(B) when these rules set a different time; or

(C) when a court order — which a party may, for good cause, apply for ex parte — sets a different time.

(2) Supporting Affidavit.

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1
day before the hearing, unless the court permits service at another time.

(d) Additional Time After Certain Kinds of Service.

When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the
period would otherwise expire under Rule 6(a).

Claymoremind | Tue, 2008-10-21 12:35

Rule 36. Requests for Admission
(a) Scope and Procedure.

(1) Scope.

A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b)(1) relating to:

(A) facts, the application of law to fact, or opinions about either; and

(B) the genuineness of any described documents.

(2) Form; Copy of a Document.

Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying.

(3) Time to Respond; Effect of Not Responding.

A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.

(4) Answer.

If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.

(5) Objections.

The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.

(6) Motion Regarding the Sufficiency of an Answer or Objection.

The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(a)(5) applies to an award of expenses.
(b) Effect of an Admission; Withdrawing or Amending It.

A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. Subject to Rule 16(e), the court may permit withdrawal or amendment if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other

Claymoremind | Tue, 2008-10-21 12:38
Claymoremind | Tue, 2008-10-21 12:51

usually parties will cooperate by not filing Discovery requests until motions have been heard. Obama filed a motion to dismiss 12(b)1 and 6.

While it is true that late responses to an RFA are deemed admitted, the judge can, with good cause, allow a party to amend an answer file a late response to an RFA. That is, if the judge does not dismiss the case, which I bet he will.

I think Phil Berg is making hay while the sun shines. He can go on radio shows and say that Obama "admitted" the allegations, (even when Obama's complaint denies them), because the RFAs were not answered. But when the case is dismissed, Berg won't go on the radio show and say that Obama denied them.

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"Stop judging by appearances, but judge justly."

Christopher Marlowe | Wed, 2008-10-22 06:25

requesting to stay discovery until the motion to dismiss has been decided.

http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce...

Rule 26(c)1 Protective Orders
A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending — or as an alternative on matters relating to a deposition, in the court for the district where the deposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(A) forbidding the disclosure or discovery;

(B) specifying terms, including time and place, for the disclosure or discovery;
...
(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

The brief in support of the request for protective order states that Obama's motion to dismiss is based solely on issues of law, so there is no need for discovery for the court to rule on that motion.

As I stated above, Berg's lawsuit is quickly shaping up to be a fishing expedition. The Obama brief states that Berg has requested 17 categories of documents, including copies of: all of Obama's law school and college applications; all of his law school papers; all of his requests for financial aid. Berg served 56 RFAs on Obama. He served and 27 on the DNC, of 5 catagories of documents, including all documents in DNC possession relating to Obama.

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"Stop judging by appearances, but judge justly."

Christopher Marlowe | Wed, 2008-10-22 08:02

and a spike the sales of alcohol, tobacco, and other such mind altering drugs both illicit and prescirbed if Obama wins the elections? I predict that gun stores will have their best day of business ob November 5, 2008. Many people will walk around with that blank stare we all experienced in the aftermath of 9/11. God help us all!

Let's just hope Sarah Palin's boobs can convince enough wholeshome Americans to make a difference and prevent this travesty. Amen!

Free lifetime supply of white sheets to the first 100 people who can say Obama's full name backwards 20 times in a row without taking a breath.

Hallelujah brothers! Let the cross burn and shine its holy light on the path of our humble ways. hear hear!

Stern Gang | Wed, 2008-10-22 08:44

 (from wiki)

 The Quranic Version of the episode is similar in most respects, except that the golden calf is constructed by a man named Samiri, rather than Aaron. Samiri claims that Moses has disappeared, and the Israelites have to find a new god. To this end, Samiri makes a golden calf from the gold jewelry brought out of Egypt.

Aaron, who is acting as leader in Moses' absence, attempts to prevent them from worshipping the statue, but is unsuccessful. When Moses does return, he is initially infuriated at the pagan ritual and Aaron's inability to stop it. Moses then exiles Samiri and orders the golden calf burnt and its ashes cast into the sea.

musique | Wed, 2008-10-22 09:39
Claymoremind | Wed, 2008-10-22 10:02

C.Marlowe: I agree that this is a fishing expedition by Berg and whoever has put him up to this. He was a 911 attorney for Willie Rodreguez in cases which were dropped.

Obama should just produce the BC and shoo Berg away. I can't see where this is doing his campaign any good. Some of those websites have over 30 million hits.

Like I said, I'm just compiling documents for all to see here in the event that this breaks out.

Claymoremind | Wed, 2008-10-22 10:10

http://www.public-action.com/911/suit.html

Mrs. Ellen Mariani, a 911 widow, has filed a RICO suit against George W. Bush et al. to discover the truth about 911. But her lawyer, Philip J. Berg, has written a complaint that protects the real culprits. It is littered with gross errors and malpractice. Berg is a suicide bus driver taking Ellen Mariani's quest for truth on a one-way trip to oblivion. Mar 3 2004 ...

RowanBerkeley | Wed, 2008-10-22 11:00
Claymoremind | Thu, 2008-10-23 06:47


Looks like the right wing MSM is starting to break this story now that Obama is in Hawaii giving Grandma the pillow treatment.

Claymoremind | Fri, 2008-10-24 01:30
Claymoremind | Fri, 2008-10-24 07:17
Claymoremind | Fri, 2008-10-24 15:02
Claymoremind | Fri, 2008-10-24 21:20

What does Granny know?

Obama aka Barry Davis pays his white Granny a visit in Hawaii.

Claymoremind | Sat, 2008-10-25 00:05


"Don't worry Granny - He IS a specialist!

Claymoremind | Sat, 2008-10-25 00:07

neo-con rats nest...

thanks for making your perspective perfectly clear for all claymore

you are all too transparent

http://www.zeek.net/i/apoc7.jpg

Shootingsparks | Sat, 2008-10-25 00:28

Sparky:
I thought you'd enjoy this since you and Mr.Sinclair have so much in common.
ENJOY!


Claymoremind | Sat, 2008-10-25 00:50

Here's is another perspective on the whole Frank Davis / Obama / Larrry Sinclair connection.

Sparky:

This should help with your "fanboyism"

Thanks for that great word Sullivan - it fits Sparky like a glove!

Claymoremind | Sat, 2008-10-25 01:36

unclesam wakeup

Meet The Greatest President


...we never had

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