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Politics : Liberalism: Do You Agree We've Had Enough of It? -- Ignore unavailable to you. Want to Upgrade?


To: Shoot1st who wrote (50865)10/9/2008 2:18:38 PM
From: TideGlider1 Recommendation  Respond to of 224729
 
Berg v. Obama Update -- Thursday, October 9

Berg Files Response to Defense Motion for Protective Order

This morning, Philadelphia attorney Philip Berg filed a response in opposition to the motion for protective order, a measure intended to stay discovery until after the judge rules on a defense motion to dismiss, filed by Barack Obama and the DNC on Monday.

In the response Berg insists, among other things, that he is not seeking the documents specified in his motion for expedited discovery for any improper purpose, that the information requested through discovery is of extreme importance and a matter of public safety, and argues that Barack Obama and the DNC

have not pointed to any "legitimate privacy concerns."
have not pointed out any "substantiated specific examples" showing that disclosure of the information requested through discovery would "cause and defined and serious injury."
have not effectively demonstrated "any risk that particularly serious embarrassment will result" from turning over the requested documents.
have failed to show "good cause" and are not entitled to a protective order.

On the latter, Berg cites a 1994 decision by the Third Circuit Court of Appeals--the appellate court sitting here in Philadelphia and the natural next step in this case should the losing party in District Court choose to appeal--in which the court held that "good cause" exists when the moving party can specifically demonstrate "that disclosure will cause a clearly defined and serious injury" based upon a seven-factor test:

Whether disclosure will violate any privacy interests;
Whether the information is sought for a legitimate purpose or for an improper purpose;
Whether disclosure of the information will cause a party embarrassment;
Whether confidentiality is sought over information important to public health and safety;
Whether sharing information among the litigants will promote fairness and efficiency;
Whether a party who would benefit from the order of confidentiality is a public entity or official; and
Whether the case involves issues important to the public.
He is requesting that the court order Barack Obama and the DNC to answer ten admissions apiece, all dealing with Obama's citizenship, constitutional requirements for the presidency, and donations made to Obama's presidential campaign.

The filed materials also include--and read this carefully--a pair of PROPOSED ORDERS, a procedural fill-in-the-blank measure filed by attorneys to "assume the sale" and make the judge's job easier, theoretically allowing him or her to simply sign off on a previously crafted document should he or she come down on the side of the filing party. It is important to know this, as Internet rumors have been mistakenly swirling that Judge Surrick has ordered this or ordered that, when in fact people are simply misinterpreting what is a proposed order.

In the case of this responsorial pleading, Berg has filed two separate proposed orders -- the first a ready denial of the motion for protective order filed by Obama and the DNC, the second a ready order granting in part and denying in part, a measure which would essentially commence limited discovery.

americasright.com



To: Shoot1st who wrote (50865)10/9/2008 2:23:17 PM
From: Geoff Altman1 Recommendation  Read Replies (2) | Respond to of 224729
 
Not a bad parallel but I really like, How to Catch a Wild Hog.......:

How to CATCH a wild hog.......

I can best explain my concern about the new congress's agenda, by using this analogy given to me by a former student of mine. Several years ago I was supervising a beginning teacher in a city school system.

One day during our end-of-the-day feedback conference, the young man gave a facial grimace and began to rub his back. I asked him if he had strained his back in the school lab.

After a long period of silence, he sat down at his desk and explained that he had immigrated to the United States because of political problems in his native country. The discomfort in his back was caused by a bullet wound he had received while fighting the Communists who were trying to take over his country's government. He was then a member of the underground nationalist force.

Then he asked me a surprising question: "Dr. Hedges, do you know how to CATCH a wild hog?" The question was completely out of context regarding the day's classroom and lab teaching. I replied, "I'm not sure what you are talking about. Tell me."

"First," he said, "you find out where the wild hogs are roaming and feeding and then you put some corn out in the field. Soon they will come to eat the corn. You keep putting out the free corn. More wild hogs keep coming to eat the corn."

"So what?" I said. "That's normal for any animal."

"Be patient. I will tell you what comes next," he said. "After the hogs get used to your free corn, you put up a length of fence along one side of the feeding area. The hogs get used to it. You keep giving them the corn. Then you put up another section of fence at right angles to the first. You keep giving them the corn. The hogs get used to the second fence. Then you put up another length of fence at right angles to the second section. You now have a U-shaped fenced area. The hogs get used to that section of the fence.

You keep giving them free corn. Then you put another section of fence with a gate in it, making a closed area except for the gate. You keep giving them corn. Now, the hogs no longer are out in the fields, working to find their own food. They keep coming into the area to eat the free corn. They get used to the fenced area with the open gate. Then, one day you slam shut the gate when the hogs are inside the fenced area. The wild hogs are caught - they are your prisoners."

I understood then that the wild hogs were really the people of his native country and that the free corn was the enticements that the Communists were giving to the people.

"That's correct," the young man said. "Now, the hogs will not get anything to eat unless you give them food. You are in control. They depend on you to feed them, or they will starve. They can't get out into the fields and forests anymore to find their own food. They have probably forgotten how, as it is. They are your servants, your prisoners.

They must obey you. Or else they starve. "The hogs," he said, "were so accustomed to having the free corn, that they ignored the building of the fences that would eventually trap them. When the gate slammed shut, it was too late for them to realize what they had been blind to. The free corn was enticing, so effortless to obtain, but eventually the cause of their loss of freedom. The fence had been built; the gate had been shut."

At this point in our conversation, the young teacher, in a voice shaking with emotion and with fists hitting the desktop, loudly exclaimed, "This is what I see happening in America today! People are being offered free corn by the government.

People are being blind to the fences being built around them by the liberals - the socialists - and that is what frightens me! Just like it was happening in my homeland.

The American people do not learn from history, and history shows that socialism/communism does not work. Take note of Russia. Has socialism been the best thing that ever happened to that country? Absolutely not! But socialism is what the American people are being fed, and they don't realize it. All they can focus on is the 'free corn.' They want more and more of the free corn. And this free corn is being fed to us little by little, and soon the gate will slam shut.

I am very frightened, and also amazed, that the American people don't see what is being fed us, and for what purpose." With that said the young man sat down at his desk and continued to rub his painful back.

And I was silent in my chair, and afraid, for I could visualize the supposedly "free corn" being fed to our nation's people and our growing to the "free corn". And I could see the gate being slammed shut.

We, the people of the United States of America, because of our ignorance of history, because of our addiction to the supposedly "free corn," could soon be prisoners of liberal socialism.

Along with this fighter for freedom from socialism/communism, I too, wanted to slam my fists on the desktop and cry out in a loud voice for all to hear, "Wake up, America! The fences are being built! Don't you see what is happening to us?"

In the agenda of the new Congress governed by the liberal Democrats, there is much "free corn" being promised the American people. In our greed for this "free corn," will we ignore the incremental building of the fences and the inevitable shutting of the gate? As I ponder the building of the fences now underway by the new Congress, I remember the old adage; there is always free cheese in a mousetrap."

It seems the only thing we learn from history is that we do not learn from history.

Lowell E. Hedges is a retired associate professor, teacher of education and a former superintendent of Elgin Local Schools