Posted by
Traci Martin on Friday, October 24, 2008 12:52:52 PM
Berg has expedited motions with the court now seeking to have all the requests for Admission deemed admitted, and a motion for Summary Judgment.
Requests for admission demand you deny or admit that question or statement. They have the singular advantage over other discovery requests in that if not answered, they are deemed admitted.
If Obama is ordered to admit or deny and he does not; or he just fails to answer and there is no protective order in place, the statements are admitted, which means he is deemed BORN IN KENYA. NOT A CITIZEN. A CITIZEN OF INDONESIA, NOT ELEGIBLE FOR PRESIDENCY.
Berg then goes a head a files a summary judgment motion, which he already has, claiming that by the admitted requests for admission there are no further issues of fact necessary to grant a judgment, there is no dispute - give me the judgment now.
While this is legal maneuvering, it appears that Obama did not obtain his protective order yet. There being no protective order in place, and the time for discovery responses having run, a court could conceivably indicate that the admissions are deemed admitted and Obama has been found to not be a citizen within the constitution,hence Judgment for Berg. There is more to it than that, but just the filing of protective order doesn't necessarily stop the time to respond to discovery.
As to who is responsible for ascertaining a presidential candidates eligibility, I would assume either the DNC must warrant that fact, or the FEC(Federal Election Commission) would be responsible. If neither is, then we have a huge glaring hole in our process, which would be a Federal Question within the jurisdiction of the District Court, and any citizen should be able to bring it before the court. Interesting, since the FEC appears to be trying to get out of the lawsuit by saying they have not duty to ascertain eligibility .