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Posts Tagged ‘Rule 56’

The audacity of Obama’s eligibility!  Is Democratic presidential candidate Barack Obama eligible for President, or not?  Critics and adversaries have spent a lot of time and money raising doubt and spreading rumors that Obama is not a citizen.  In Obama’s refusal to provide proof and only file motions to dismiss, he is beginning to alert the questioning, rational, voting public into making a rational conclusion and judgment that perhaps he has something to hide after all.

The case of Berg vs Obama was seeking to clarify in Federal Court, Obama’s citizenship status.  Berg vs Omama was filed the case over two months ago, taking more than 60 days to reach an opinion of the court. The motion may be read in its entirety here http://obamacrimes.com/attachments/041_Obama,%20Plaintiff/’s%20Motion%20for%20Summary%20Judgment%20against%20Obama%20and%20the%20DNC.pdfAccordiing to the Philadelphia Daily News, Saturday Morning on-line edition- http://www.philly.com/dailynews/local/20081025_Judge_rejects_Montco_lawyer_s_bid_to_have_Obama_removed_from_ballot.html Judge 

Judge Surrick has dismissed the lawsuit.  In a 34 page memorandum and opinion, the judge said “Berg’s allegations of harm were “too vague and attenuated to confer standing on him or any other voters.”  In pursuing the claims that Obama was not a natural-born citizen they were, ” frivolous and not worth of discussion.” In addition, that Berg’s arguments to the contrary, “ventured into the unreasonable.”

http://www.paed.uscourts.gov/ is the web site for the United States District Court for the Eastern District of Pennsylvania.  Any rulings can be found under recently filed opinions for free, however it does not appear here yet. The PACER Service Center is the Federal Judiciaries centralized registration, billing, and technical support center for electronic access to U.S. District, Bankruptcy, and Appellate court records http://pacer.psc.uscourts.gov/uspci.html You must register and pay 8 cents per page to access these records. 

How is unreasonable to seek out through the court, the determination of qualifications to achieve The Office of President of The United States of America?  Berg listed a total of 56 questions that were by some accounts, a stretch into an abyss of technicalities and accusations, but the simple request of requiring Obama to present a certified birth certificate and not a certificate of live birth has been denied not only to Berg but to all Americans seeking truth and justice in a marred political and judicial system. Berg only last week sought an ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT     http://obamacrimes.com/attachments/041_Obama,%20Plaintiff/’s%20Motion%20for%20Summary%20Judgment%20against%20Obama%20and%20the%20DNC.pdf.  Berg’s attempted to require the court to cite Rule 56 of civil proceedings {From the Legal Information Institute http://www.law.cornell.edu/rules/frcp/Rule56.htm } in that since Obama failed to deny the accuracy, it is” (2) Opposing Party’s Obligation to Respond. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.”  Berg was basically saying that since Obama did not respond to this motion, Obama does not meet eligibility as President and that all of the Admissions directed to Obama and the DNC are [sic-should have been] deemed “ADMITTED.”  Therefore, Obama must immediately withdraw his candidacy for President.   https://ahrcanum.wordpress.com/2008/10/24/citizenship-lawsuits-linger-for-obama/  

 

 

Obama’s certificate of birth, while not a birth certificate can be found at http://fightthesmears.com/articles/5/birthcertificate  That doesn’t prove it is real. Only that there is no credible evidence that it’s fake.  His campaign has a burden of proving otherwise, and they have failed to do so and will not be required to instead filing motions for dismissal rather than providing proof.

Both Nominees and selected Vice Presidents, all four of them- Obama, Biden, McCain and Palin should be asked to provide a copy of their original birth certificates- not just live birth.  http://gretawire.foxnews.com/2008/10/24/ok-the-internet-rumors-about-the-birth-certificate-lets-end-the-rumors-and-the-viral-nature-of-them/ Greta thinks so too.  

The matter of Obama’s citizenship records will not cease with the ruling from the the Presiding Judge- The Honorable R. Barclay Surrick, United States District Judge, United States Courthouse, 601 Market Street, Room 8614, Philadelphia, PA 19106,  Deputy clerk: Michael Finney  (267) 299-7639 Secretary: Donna Donahue (267) 299-7631. Today is Saturday, and it seems rather convenient that the court has issued its ruling over the weekend whereby,  no comments can be made to the press or enter the entire findings into court records.  

I’d bet my piece of sweet potato pie that Berg will file an appeal.  There is a  draft template that after a few revisions anyone in California and The United States will be able to use to sue Barack H. Obama for his certificate of live birth.”   Just fill in your name and file it –  http://mitchell-langbert.blogspot.com/2008/10/draft-cal-template-to-sue-for-bocolb.html

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All this regarding Berg v Obama, filed in Federal Court two months ago and unnoticed by any Main Stream Media is what could end up having Obama Removed from the Ballot.  Obama’s attorneys and the DNC failed to respond for a motion that could cost Obama the Presidency.  Rule 56 or 56c  —   Rule 56 is defined:

From the Legal Information Institute http://www.law.cornell.edu/rules/frcp/Rule56.htm 

(2) Opposing Party’s Obligation to Respond.

When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.

And the very last line, in section g-   “An offending party or attorney may also be held in contempt.”  The courts could in fact hold the Obama and the DNC in Contempt.

Obama is a Harvard lawyer and should be very familiar with 56c.

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