Friday, October 24, 2008

Obama Refuses to Answer Birth Certificate Lawsuit


By: Kenneth R. Timmerman

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.

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