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A Pennsylvania lawsuit alleging
that Barack Obama is not a “natural-born citizen” of
the United States took an unusual twist this week,
after a federally mandated deadline requiring Obama’s
lawyers to produce a “vault” copy of his birth
certificate expired with no response from Obama or
his lawyers.
The lawsuit, filed by former
Pennsylvania Deputy Attorney General Philip J. Berg —
a self-avowed supporter of Hillary Clinton — alleges
that Barack Obama was born in Kenya and is thus
“ineligible” to run for president of the United
States. It demands that Obama’s lawyers produce a
copy of his original birth certificate to prove that
he is a natural-born U.S. citizen.
Berg's suit and allegations have
set off a wave of Internet buzz and rumors, though
Obama could easily have put the matter to rest by
providing the federal court with the basic
documentation proving he is eligible to take the oath
of a president. But Obama has apparently decided to
deny the court and the public that documentation.
The Constitution provides that any
U.S. citizen is eligible to become president if the
person is 35 years of age or older and is a
natural-born citizen; that is, born in the
territorial United States.
By failing to respond to the
Request for Admissions and Request for the Production
of Documents within 30 days, Obama has “admitted”
that he was born in Kenya, Berg stated this week in
new court filings.
Berg released a long list of
“admissions” he submitted to Obama’s lawyers on Sept.
15, and asked that they produce documents relating to
Obama’s place of birth and citizenship.
Instead of responding, lawyers for
Obama and the DNC asked the court to dismiss the
case. But Judge R. Barclay Surrick of the Eastern
District of Pennsylvania has issued no ruling in the
case that would have given Obama’s lawyers more time.
“There are lots of legal ways to
stonewall,” a well-placed Republican attorney told
Newsmax, who was not authorized to comment officially
on the case. “But failing to respond is not one of
them.”
“The first thing they teach you in
law school,” he added, “is don’t put a complaint like
this in a drawer. That’s how a nuisance case can
become a problem.”
The 30-day deadline for defendants
to comply with a discovery request is set forth in
the Federal Rules of Civil Procedures.
“It all comes down to the fact
that there's nothing from the other side,” Berg said
after he filed a motion on Thursday for summary
judgment.
“The admissions are there. By not
filing the answers or objections, the defense has
admitted everything. [Obama] 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.”
In a contentious case, lawyers on
both sides will haggle over the production of
documents, and will frequently go beyond the
deadlines, several lawyers told Newsmax.
“The rules are more often complied
with in the breech rather than the observance,” a
senior trial attorney who has close ties to the
Democrat Party, but is not involved in the current
case, told Newsmax.
“Lawyers frequently do not return
telephone calls or meet discovery deadlines because
of sheer inadvertence. Therefore, we do not consider
a failure to respond as a ‘violation,’” he said.
Allegations surrounding Obama’s
place of birth have been swirling for months. Earlier
this year, the Obama campaign sought to put down the
rumors by making available a computer-generated
Certification of Live Birth, issued in 2007 by the
State of Hawaii. [See the Certification of Live
Birth —
Click Here.]
Respected conservative blogger Ed
Morrissey called the Berg lawsuit a “conspiracy
theory” that had been put to rest by the Obama
campaign over the summer but ”has arisen like a
zombie yet again to suck the credibility out of the
conservative blogosphere.”
However, the 2007 document
produced by the Obama campaign omits key information
that normally appears on birth certificates in the
United States, including the name of the hospital
where he was born, the size and weight of the baby,
and sometimes the name of the doctor who delivered
him.
In addition, the critics of the
2007 document note that Obama's father is described
as “African,” a term used today. The formal language
in official documents at the time — 1961 — would have
identified his race as “Negro” or “Colored.”
The Web site snarkybytes.com has
produced a vault copy of a Hawaii Certificate of Live
Birth from 1963, issued by the Hawaii Department of
Health. [See the vault copy —
Click Here.]
In addition to naming the hospital
and more details about the baby, the 1963 vault copy
also includes the “usual residence of the mother,”
and the “usual occupation” of the father. None of
this information appears on the 2007 Live Birth
certificate produced by the Obama campaign.
Berg has been a perennial
political candidate in Pennsylvania, having run in
Democrat primaries for attorney general, lieutenant
governor, governor, and other offices without
success. He served as deputy attorney general of the
State of Pennsylvania from 1972-1980.
His credibility was tarnished by
work he did for the far-left “9/11 for the Truth”
campaign, which alleged in a federal lawsuit that the
collapse of the twin towers in New York was caused by
“controlled demolition” ordered by the president of
the United States.
Nevertheless, in recent weeks,
lawsuits have been filed in seven additional states
demanding that Barack Obama produce an original vault
copy of his birth certificate, to dispel the rumors
that he is not a natural-born United States citizen.
The latest suits have been filed
in state and federal courts in Hawaii, Washington,
California, Florida, Georgia, New York, and
Connecticut to compel Obama to release his birth
records.
Lawsuits in Washington and Georgia
are seeking state superior courts to force the
states’ secretary of state, as the chief state
elections officer, to require Obama to produce
original birth records from Hawaii, or else decertify
him as a candidate for the presidency.
Ironically, Obama mentions his
birth certificate in passing on Page 26 of his 1995
memoir, “Dreams of My Father.” “I discovered this
article, folded away among my birth certificate and
old vaccination forms, when I was in high school,” he
wrote.
Lawyers for Obama and the DNC did
not return calls for comment on the current status of
the case, or explain why the Obama campaign did not
simply put to rest the whole controversy by releasing
the birth certificate that Obama apparently cherished
as a teenager.
In the past, questions about Sen.
John McCain's legal status have arisen. McCain was
born in the Panama Canal Zone at a U.S. Army
hospital. McCain had legal experts vet his
constitutional qualifications, and he also disclosed
a copy of his birth certificate.
Original at: http://www.newsmax.com:80/headlines/obama_birth_certificate/2008/10/24/143882.html?s=al&promo_code=6E2D-1 |