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Dear All,
Here is the most recent Breaking News of NEWSMAX.COM on Lawsuit of Obama's
Birth Certificate.
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Obama Refuses to Answer Birth Certificate Lawsuit
Friday, October 24, 2008 4:16 PM
By: Kenneth R. Timmerman
Article Font Size
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.
© 2008 Newsmax. All rights reserved.
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