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To: Enigma who wrote (26921)10/24/2008 5:48:40 PM
From: sea_urchin  Respond to of 81271
 
Enigma > the McCain/Palin team would surely have tried to make hay with this

In actual fact, the case is being brought by Democrat Philip Berg who is a Clinton supporter.

obamacrimes.com

>>WorldNetDaily: Obama 'admits' Kenyan birth? Campaign doesn't respond to claims in lawsuit over birth certificate

Pennsylvania Democrat Philip J. Berg, who filed a lawsuit demanding Sen. Barack Obama present proof of his American citizenship, now says that by failing to respond Obama has legally "admitted" to the lawsuit's accusations, including the charge that the Democratic candidate was born in Mombasa, Kenya.

As WND reported, Berg filed suit in U.S. District Court in August, alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Though Obama has posted an image of a Hawaii birth certificate online, Berg demands that the court verify the original document, which the Obama campaign has not provided.

Now Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides written answer or objection to charges within 30 days, the accused legally admits the matter.

Since Obama has only filed motions to dismiss and has not actually answered the charges in the lawsuit, Berg claims, according to Rule 36, Obama has legally admitted he is not a natural-born citizen.

Now Berg is asking the court for a formal declaration of Obama's admission and asking the Democratic National Committee for another presidential candidate.

In a statement released today, Berg argues that he filed Requests for Admissions on Sept. 15, meaning Obama had until Oct. 15 to answer or face the consequences of Rule 36.

"Obama and the DNC 'admitted,' by way of failure to timely respond to Requests for Admissions, all of the numerous specific requests in the Federal lawsuit," Berg's statement reads. "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."<<



To: Enigma who wrote (26921)10/25/2008 8:30:39 PM
From: sea_urchin  Read Replies (1) | Respond to of 81271
 
Enigma, in case you may be interested so see what has happened to your candidate.

rense.com

>>Obama's Campaign Ends?
By Daniel Downs
10-24-8

After reviewing evidence presented by Attorney Philip Berg, US District Court Judge Honorable R. Barry Surrick has ruled that Barack Hussein Obama was not a "natural born" or "naturalized" citizen and is ineligible to run for and/or serve as President of the United States.

Judge Surrick then ordered the Democratic National Committee to cease all campaign activity on behalf of their candidate for President. He further ordered Obama be removed from all election ballots.


Before jumping to conclusions, the civil action brief of Attorney Berg begins by identifying himself as a life-long Democrat who is proud of his party. It cannot be said that Berg is a right-wing zealot grasping at any accusation to prevent the oppositional party from being elected. No, Berg is here fulfilling his oath to uphold the Constitution.

In addition to his defense of Constitutional integrity, Berg also says his purpose is to defend the integrity of his Party. Many people have given of their money and time in support of Party goals, which include "to restore accountability, honesty, and openness at all levels of government", to "restore the Constitution and protect the civil rights and liberties of all Americans," and to "uphold the Constitution." Berg continues, "[t]o uphold the Constitution includes making sure that the candidate is eligible to serve as President pursuant to Article II, Section 1 of our United States Constitution and that such candidate runs a fair and legitimate campaign."

As for the evidence, Berg investigation discovered Obama was born in Kenya. His father was a citizen of Kenya. His was 18 years old at the time. Even though a child born to a U.S. citizen could acquire natural born citizenship, his then 18-year-old mother did not meet U.S. law governing citizenship. Obama became a citizen of Kenya. He was schooled there under the name of Barry Hussein Soetoro, the name of his father Lolo Soetoro. His citizenship in Kenya was confirmed from school records.

Attorney Berg and Judge Surrick have proven that Constitutional Democracy in our Republic of states still works as intended by this nation's Founders.

Source: Berg v Obama, et. al., Civil Action No. 08-cv-04083 (E.D. Pen. Oct. 22, 2008). <<