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发信人: shajiannu (shajiannu), 信区: USANews
标 题: BERG 今日怒发冲冠：３０天内八马阵营对起诉既不反对也不承认
发信站: BBS 未名空间站 (Tue Oct 21 10:26:47 2008)
八马和党人就默认了一切指控（注：八马阵营多次反诉就是一个理由：BERG受害人地位
不够，不能起诉）。今日BERG再向法院提交申述，要求法院加急让八马提供一切证据。
八马急飞HAWAII看望病重老祖母，孝心可赞。Andy Martin今日在当地高等法院要求八
马交出出生证明，也太煞风景
http://4.bp.blogspot.com/_R-l1iejogZw/SP1e1v9SEpI/AAAAAAAABJE/ICBQ2KKK9f8/s1600-h/10-21+Motion.bmp
Tuesday, October 21, 2008
Berg: Due to Procedure, Obama and 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 just such a request.
Soon thereafter, on October 6, Barack Obama and the DNC acknowledged
service in their motion for protective order, filed in an attempt to
persuade the court to stay discovery. The Federal Rules require that a
response to a request for admissions be served within the 30-day time limit,
and Barack Obama and the DNC have not done so.
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, and
* A 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."
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