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Obama Refuses to Answer Birth Certificate Lawsuit

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Obama Refuses to Answer Birth Certificate Lawsuit

Mensaje por freedom of expression el Dom Oct 26, 2008 3:36 pm



Friday, October 24, 2008 4:16 PM

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.

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.
Courtesy: www.newsmax.com
Received from: US ALERT! Committee

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