Well at least according to Philip Berg the Pennsylvania attorney who filed suit against Obama and the Democratic National Committee challenging his eligibility to run for president. Berg says Obama and the DNC failed to respond in a timely manner to his request for answers to his queries and therefor he should be immediately disqualified and a new Democratic presidential contender should be chosen.
According to Berg’s website, obamacrimes.com:
Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that Obama and tbe DNC “ADMITTED”, by way of failure to timely respond to Requests for Admissions, all of the numerous specific requests in the Federal lawsuit. Obama is “NOT QUALIFIED” to be President and therefore Obama must immediately withdraw his candidacy for President and the DNC shall substitute a qualified candidate. The case is Berg v. Obama, No. 08-cv-04083.
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In essence if Obama and the DNC do not dispute Berg’s assertions that Obama is not a U.S. citizen within the timeframe alloted by law then, by default, they are agreeing to what he claims in his lawsuit thus making Mr. Obama ineligible to run for president of the United States. If this were to be found true then it would also make Obama unable to hold his current position of U.S. Senator.
Now I have been served with civil papers in the past requiring me to respond within a certain amount of time. Had I just completely blown it off and ignored the situation I would have essentially been admitting that the other party was truthful in their submission to the court and the presiding judge would surely have granted them whatever relief they were seeking. Anyone that has gone through a contested divorce can definitely attest to this.
Is this legitimate? I doubt it and at this point I would have to say it’s way too simplistic of an approach by Mr. Berg to assume this is going to fly in a presidential election. It is my feeling that Obama’s lawyers have technically responded by filing a “Motion to Dismiss” within that 30 day timeframe so I don’t see how he can claim Obama has admitted to anything at this point even by default. There surely must be more to the story that has yet to be released by the Obama camp and the court and like I have said before I don’t know why Obama doesn’t just get this thing cleared up once and for all and get it behind him.
Interestingly enough one of the comments following Berg’s “press release” on his website states:
Answers are NOT Overdue
This seriously erodes my confidence in the credibility of Mr. Berg.
Mr. Berg apparently doesn’t understand basic civil procedure.
Discovery cannot be served before the parties have conducted a discovery conference. See Federal Rule of Civil Procedure 26(d). Because that hasn’t been done yet, Mr. Berg’s discovery is improper and need not be responded to.
Second, a motion for a protective order is a response to a discovery request and relieves the moving party from the obligation to respond until the motion is resolved by the court. See Rule 26(c) and the cases interpreting that rule.
Is Mr. Berg ruining this case because he’s an incompetent attorney, or is he sabotaging the case on purpose?
Is there any way for a competent and dedicated attorney to intervene and take this over so it is handled right and we don’t get thrown out for failing to follow the procedural rules?
Is this stuff really going anywhere? Who knows but I would think the Republicans should have enough crap to hammer Obama with on a daily basis without having to rely on this. That said this problem is not going to go away and with Andy Martin rooting around in Hawaii for Obama’s birth certificate it’s getting really close to home for the Democratic presidential nominee. I’m starting to think that just might be the real reason behind Obama making a beeline for grandma’s house in a few days.
Another thing that is rather odd is the lack of coverage from the lamestream media over this issue. I mean we all know what brand of toilet paper the Sarah Palin family uses due to the vigilance and competency of the 30 or so journalists slithering all over the state of Alaska. We learned more in two days about Joe the Plumber than we have in two years about Obama from these media people so what’s the deal? They have shown how quickly they can dig up every aspect of someone’s life they do not like so we know they possess the ability to put Obama under a little well deserved scrutiny if they chose to do so. Media bias?? Perish the thought.