As always, any bold / red emphasis is mine.
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from: http://wnd.com/index.php?fa=PAGE.view&pageId=78671
ELECTION 2008
Obama 'admits' Kenyan birth?
Campaign doesn't respond to claims in lawsuit over birth certificate
Posted: October 21, 2008
9:22 pm Eastern
By Drew Zahn
© 2008 WorldNetDaily
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 Mombosa, 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."
Berg's original lawsuit leveled several charges at both Obama and the DNC – accusing the former of lying about his place of birth, faking his birth certificate and fraudulently running for office; and accusing the latter of not properly vetting its candidate.
Though it hasn't given Berg the evidence he seeks, the Obama campaign has publicly answered allegations that the candidate was born in Kenya and faked his Hawaii birth certificate.
"Smears claiming Barack Obama doesn't have a birth certificate aren't actually about that piece of paper," says the "Fight the Smears" section of Obama's website, "they're about manipulating people into thinking Barack is not an American citizen.
(((( PAM NOTE: in response to Obama's "Fight the Smears" site, see http://www.newsmax.com/headlines/obama_smears_fact_check/2008/10/20/142379.html?s=al&promo_code=6DC0-1 ))))
"The truth is, Barack Obama was born in the state of Hawaii in 1961, a native citizen of the United States of America," the campaign website states. It also includes images of a Hawaii birth certificate bearing the name Barack Hussein Obama II.
Berg has also taken the controversy public through his website and through repeated public offers to revoke the lawsuit if Obama will produce legal documents that establish his citizenship.
Without those documents, Berg has chosen to file two additional motions in district court in Philadelphia. The first asks the court to notify Obama and the DNC of what Berg understands they have now legally "admitted," and the second asks for an expedited ruling, given the quickly upcoming Nov. 4 election.
"It all comes down to the fact that there's nothing from the other side," Berg told Jeff Schreiber for his blog, America's Right. "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."
3 comments:
Let us suppose you were right and that Obama was not born in Hawaii.
He WAS born in Hawaii. I’ve seen pictures of his birth certificate (or maybe certificate of live birth, I forget which), and there is a confirming notice in the Hawaii Advertiser. But suppose on a wild chance that this was wrong.
Suppose that this fact were to be proven before the election. Would this help make McCain elected president? No. It would merely make Joe Biden the presidential candidate of the Democratic party.
Would Biden win just like Obama would? Sure.
Would he win even BIGGER than Obama would? Maybe. You can’t call him inexperienced or a terrorist or a friend of Ayers, nor would people who vote against Obama because of his race or alleged Arab ties or alleged Moslem religion vote against Biden.
Biden would get all the votes of Obama and maybe a few more.
Suppose it was proven after the election. Would that make McCain the president? No. If the Congress really bought the fact that Obama was not born in the USA, and that therefore Obama was not eligible to be president (which is a stretch because it is controlled by Democrats), then Biden would be president.
So, what is the point?
The point is that if Obama was born in Kenya, or if he became naturalized into Indonesia, then he cannot be POTUS. He knows the truth, as does the DNC. Does it not bother you that they are doing something ILLEGAL?
Would liberals be so easy going it the roles were reversed?
The point is that the case was filed in Federal court. Obama, as a lawyer, should know about rule 36. He must feel as if he's above the law since he and his legal staff have refused to ackowledge the case and to meet the Oct. 15th deadline.
The image that Obama placed on his website is questionable. He has yet to give a legal copy to the courts. It also lacks several things that a true legal birth certificate should have. I can't help but wonder if his trip to Hawaii to "visit a sick grandmother" is nothing more than a trip to falsify documents. Either way, it's too late. He is 10 late.
Would Obama being thrown out of the race help McCain? Who knows. I would assume that the votes cast already for Obama would go to Biden.
While I want McCain to win (obviously), I also want a clean, LEGAL presidential race.
Handled right, the Fed District Court throwing out Berg for lack of standing can present a political check-mate “win” on appeal for the anti-Obama side (if not in law, in the Court of Public Opinion). Here’s how: SIMPLY SPREAD AROUND OBAMA’S APPELLATE BRIEF HAVING TO ARGUE AGAINST AN AMERICAN VOTER’S RIGHT TO RAISE THE QUESTION UNDER THE CONSTITUTION. Should be a PR disaster for the Dems and Obama!!!
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