(For you Seinfeld fans)

Isn’t this a bit like when Elaine stopped to get jujbes before she went to see her boyfriend after she had just learned he’d been stabbed?

Obama’s grandmother is the only one left who can verify his place of birth.

Berg: Due to Procedure, 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, as part of his federal lawsuit contending that the Illinois senator is ineligible, pursuant to the U.S. Constitution, to serve as president of the United States, Philadelphia attorney 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, amidst news reports that Barack Obama will be suspending his campaign for a few days so he can fly to Hawaii to visit his grandmother, who has suddenly fallen ill, Philip Berg will file two motions in district court in Philadelphia:
A motion requesting an immediate order deeming his request for admissions served upon Barack Obama and the DNC on September 15 admitted by default, andA 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 legal and political ramifications of the defendants’ failure to respond.

“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.
Given the “usually devastating” consequence of failure to respond in time to a request for admissions such as those served upon Obama and the DNC on September 15, 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.There are, however, several options for Barack Obama and the DNC at this point. The first, and most obvious, is the argument that pursuant to Rule 26(f), a request for admission may only be served after the conference for the purpose of planning discovery detailed under that rule, and therefore the 30-day time limit on Berg’s request has not yet begun. Here, though, Berg could feasibly argue either that the request for admissions is not a true discovery mechanism and is actually meant to streamline the future need for discovery, or that the defendants’ acknowledged service of the request in their October 6 motion for protective order and failed, at that time, to specifically object or answer. The second option for the defense, still easily foreseen, is that Obama and the DNC could file a motion to withdraw admissions which have been deemed admitted. In order to file a motion to withdraw admissions deemed admitted by default, a party must show (1) “good cause” regarding why there was no response and (2) that such a motion to withdraw would not cause undue prejudice to the plaintiff. Here, Berg could contend that Obama and the DNC failed to meet those standards, that they cannot show “good cause” for failing to answer or object, and that withdrawing the admissions would cause undue prejudice.

Still, for Berg, the issue is clear. He simply wanted answers or objections, he said, and instead received nothing. Rule 36, according to Berg, is fairly cut-and-dry.

“It all comes down to the fact that there’s nothing from the other side,” Berg said. “The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.”

For more information and background on Philip Berg’s civil action against Barack Obama and the Democratic National Committee, look to the right-hand side of the America’s Right page for the list of related articles, updates and commentaries under the “BERG v. OBAMA @ AMERICA’S RIGHT” heading.

– Jeff

No you don’t know. If he is deemed ineligible, Joe Biden will be your next president if te democrats win on November 4th.

Obama’s grnadmother nows the truth and is the only one left who can verify his birthplace. His trip to Hawaii this week is a convenient time to coverup his lies. The truth about his citizenship is a serious constitutional issue for him to become president. It appears the answers to the questions will be resolved before November 4th.

No you don’t know. If he is deemed ineligible, Joe Biden will be your next president if the democrats win on November 4th.

Obama’s grandmother knows the truth and is the only one left who can verify his birthplace. His trip to Hawaii this week is a convenient time to coverup his lies. The truth about his citizenship is a serious constitutional issue for him to become president. It appears the answers to the questions will be resolved before November 4th.

Wow, KC…been to Area 7 lately? Psychodelic cornflakes?

Rico, in all honesty, that’s the funniest post you’ve written. I sorta wondered why he didn’t go immediately…but, I’m taking it at face value. Looks like you did, too. Touche.

Yadda yadda yadda.

Viva McCain-Failin. Obama is waisting the money of his contributors. He should just stay with his sick Grandma.

Inquiring Mind: So, you think Obama is going to see Grandma just to finish off the last witness….I haven’t read such offensive insinuation since the Vince Foster tragedy. How would you feel if your loved one was dying and you had to put up with heartless attacks such as yours? Have you no sense of decency?

Obama’s trip to Indiana is to leave suitcases full of “street money” for his get-out-the-vote program or his Indiana votes won’t get turned out. Then he will visit grandma to cover the lies about his true birthplace, Kenya.

THE HEAT IS ON!

NEW SUITS IN CALIFORNIA, HAWAII, AND AN AGING SUIT IN PHILADELPHIA AND WASHINGTON
OBAMIACS HAVE DRANK THE “COOL AID” WHILE MAINSTREAM MEDIA BRAINWASHED THE GRNERAL PUBLIC. THE TRUTH WILL BE TOLD!
Washington State questions Obama’s Citizenship, eligibility to be President According to an article run yesterday by The Daily Herald in Everett, WA Steven Marquis, Fall City resident, filed a civil action on Tuesday in Washington State Superior Court against Sam Reed, Secretary of State for the State of Washington, demanding that Illinois Sen. Barack Obama be removed from the ballot in Washington unless he can provide verification of his status as a United States citizen by Election Day.
Friday’s suit in Hawaii was filed by “Obama: The Man Behind the Mask” author Andy Martin against Hawaii Gov. Linda Lingle and Dr. Chiyome Fukino, director of the state Department of Health and is seeking a court order compelling the state to release Obama’s birth certificate and any other related records in the interest of full disclosure.
Berg has a pending motion for leave to amend his original complaint which would add California Sen. Dianne Feinstein and the Senate Rules Committee as well), the other lawsuits are geared toward ballot inclusion and document production.

OBAMA, DNC FILE MOTION TO DISMISS BERG’S FIRST AMENDED COMPLAINT
Just a few minutes ago, attorneys for Illinois Sen. Barack Obama and the Democratic National Committee filed a motion to dismiss the first amended complaint, a motion for leave for which was filed by Philip Berg on Monday, October 6.

Generally, an amended complaint cannot simply be filed by an attorney — the attorney must file a motion with the court, called a motion for leave to file an amended complaint, essentially asking that the court permit the amended complaint to be filed. That motion, the October 6 motion, is one of more than ten pending pleadings and still has not been addressed by the Hon. R. Barclay Surrick.

Do you right wing nut jobs really think that the Democratic nominee for the President of the United States is going to be disqualified at all, much less with your spurious, paranoid machinations?

Some of you people need to get a grip.

Obama is not my choice….but, there is a time and a way to deride him….THIS AIN”T IT!

I would be scared to death if I believed the above posters had any pull or power.

This is important to some of us, Abdul. If there’s truly nothing there, why is your savior so damn secretive about it all?

I’m telling you all, there’s something to those citizenship lawsuits. And there’s more to this sudden trip to Hawaii than meets the eye. Obama antagonists are over there now, digging and they aren’t going away.
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Why hasn’t the judge honored the DNC and Obama’s Motion to Dismiss? Why is that case STILL pending? Why hasn’t Obama produced the a real birth certificate?
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I can smell the fear on him…just like I could smell it on Peterson.
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And the suitcases of money comment makes a whole lotta sense. Indiana is a battleground state this year.

kudos to Think Again and Abdul.
I’m heading to area 51 myself.

There was movement today on the Berg vs. Obama/DNC citizenship lawsuit today due to lack of action on part of Obama/DNC. Here’s the link:
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http://www.americasright.com/2008/10/berg-obama-dnc-admit-all-allegations.html
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Again, none of this smells right, folks. Not a bit of it.

Rico: you need an intense immersion into black culture. I am embarrassed that you led me to the Republican conservative movement. I don’t even think the KKK would embrace you.

Those are the kind of tactics the libs use. You should be embarrassed…and ashamed!I was raised by a racially-mixed couple,
A-hole! And I wouldn’t take credit for leading you anywhere, Bobbie.

Post 1 should have read: jujubes

And for the record, I think a conservative, black president would be great for America. Of course, black conservatives are villified by libs, especially libs in the black community.

Melyssa….maybe he has important things to do. You can see his birth certificate on his website. John McCain was born in a foriegn country (Panama). Not only have I not seen McCain’s birth cerificate, I understand it took a special act of the Senate to establish his citizenship. I believe that was when he ran against the Rove machine instead of with it. You remember, when he said there was a “special place in hell” for the very operatives he now employs, the ones whose robocalls said he was a traitorous liberal heathen who illgitimately fathered a black child (referring to his wonderful adopted daughter from Bengledesh). Sheesh.

I almost called you Rico on the jujubes mispelling. At least you had the honesty to admit your mistake. Now if you could rethink that McCain endorsement.

And while we’re talking about Obama and elections, senior military officials from around the world have been meeting in a remote location with US Joint Chiefs of Staff to discuss something that’s been unreported by mainstream media. We can thank small town media for reporting the facts, and we can thank corporate media for keeping us out of touch. Here’s the story:
“Top International Military Officials Meet In Adirondacks”
http://www.adirondackdailyenterprise.com/page/content.detail/id/503035.html?nav=5008
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Here’s the location:
http://maps.google.com/?q=loc%3A+Adirondack+Regional+Airport+US
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Any clues on what these folks are doing, sneaking around under the cover of national media darkness, up in our northern woods?

Shorebreak? Are they planning the international crisis to test Obama?

Tom honey…I don’t much care for the other one either. Although, admittedly I’m fascinated by Sarah Palin.

Shorebreak,

Maybe they are discussing a Russian proposal to resume joint NATO-Russian military communications?

Besides, it’s Lake Placid during the fall. Who wouldn’t want to have a meeting there?

It reminds me of meetings with senior officials prior to US involvement in WWII. My wife’s grandfather remembers being woken up by his father (who was personal assistant to British Ambassador Lothian) and being taken to a secret meeting between Churchill and Roosevelt on board a Brit ship anchored off of Annapolis. The grandfather has no idea why he was taken, but he vividly recalls being in the room and being shushed by his father when he needed to use the bathroom.
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I’ve probably said too much on a personal level, but I definitely wouldn’t be surprised if something similar was taking place. When I was a teenager I used to attend NATO and Supreme Allied Command holiday functions with my folks. Back in those days, off-the-record business was discussed over cigars and drinks while the families socialized in the next room. This meeting in upstate NY wasn’t off the record. It was meant to be a secret.
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I highly doubt that it’s related to resumption of NATO-Russian relations. I’m sure that we’ll find out the real reason soon enough. If things get out of control at the international level in the near future (maybe 6 – 12 months, or less), remember that our leadership was meeting with advanced knowledge and coordination. No matter how the media or leadership tries to spin it, remember that military leaders were planning somethiung in secret, in advance. Just as they were prior to the “surprise” US entrance into WWII.

Melyssa, Are you fascinated by her uncanny resemblance to Tina Fey because I know I am.

Sarah’s far more attractive.

Love Tina Fey, but the thing that attracts me to Palin is how ordinary, yet extraordinary she is. She also gives this pro-choice gal a whole new respect for pro-life. THere’s a lot about Palin and how she has lived her life to respect.

Gosh Tom, I can’t find Obama’s birth certificate on his site anywhere, no matter how hard I look. I can find a mocked up simulation of a ‘Certificate of Live Birth,’ however. Is that what you were referring to?

Right there, Melyssa. I might not even concur on a “human life at all costs” philosophical level, but I respect the hell out of the example she sets. From what I’ve learned of McCain & the history they’ve allowed us to access on Obama, they’re both classic, detestable politicians. Don’t get me started on the bailout. Palin is a long way from squeaky clean or beyond affectation, but she’s not in the same league as those lifelong, sell-their-mother-for-a-vote charlatans. Make that three with Biden.

Varangianguard – look at the following link – it’s a very insightful peice that might give some insight on the secret US-European military meeting:
http://meltdown101.livejournal.com/7323.html
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Additionally, Russia, Iran, and Qatar announced yesterday a possible natural gas cooperative similar to OPEC – controlling about 1/3 of the worlds reserves. Take that into consideration along with the link above. In the midst of our current US problems and trillion dollar theft from our pockets, Europe could be facing a situation similar to Japan’s requirements for the Southern Resource Area.
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We’ve been warned by the Bush Administration to expect a global conflict that won’t end in our lifetimes. Nothing that they or their Dem/GOP successors do will surprise me.

For those interested, I found detail on why the Joint Chiefs and the European military leaders met secretly in upstate NY. The only thing of international interest up in those woods is the Trudeau Institute. There’s a joint program between scientists at the institute and the U.S. Navy to develop a pandemic influenza vaccine – on October 1, 2008 Bush signed the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (H.R. 2638), which includes $1.6 million in additional funding to support the project. The director of the institute (Ralph M. Steinman) is a professor at The Rockefeller University.
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For those keeping track, Oct. 1 was the same day that Bush ordered the deployment of the first active duty military force on US soil since the Civil War – primarily to counter civil unrest.
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Also on Oct. 1, the Office of the Secretary of the Department of Health and Human Services released a “Declaration Under the Public Readiness and Emergency Preparedness Act” that “…to provide targeted liability protections for anthrax countermeasures based on a credible risk thatthe threat of exposure to Bacillus anthracis and the resulting disease constitutes a public health emergency.”
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And also in the news, is someone testing the waters this week to see how local officials will respond? “WASHINGTON – At least 30 letters containing suspicious powder have been mailed to Chase banks in nine cities but so far appear to be harmless, authorities said Tuesday.”
http://www.msnbc.msn.com/id/27306929/
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So that’s it so far. I’d be glad to hear any other information regarding why the military leaders were meeting at the Trudeau Institute. They’re planning for something. The more information we have up front, the better off we may be.

Lake Placid is up in them thar woods too. Might just be the scenery that drew them. It is the peak of Fall Foliage season.

I still think they were discussing a joint response to a meeting in Helsinski a few days later with the Russians regarding a renewal of military inter-communications between NATO and Russia.