“Berg files opposition to defense motion for dismissal” Phil Berg v Barack Obama (Obama Birth Certificate)

by

Barry Soetoro Indonesia School Record

http://obamacrimes.com/index.php/component/content/article/1-main/24-berg-files-opposition-to-defense-motion-for-dismissal

Mr. Berg provides precedents which he argues establish his standing and petitions the Court to deny dismissal and order the defendants to produce the documents in the previously requested discovery.

“Berg vs Obama opposition and brief in opposition to defense motion for dismissal without PACER number”

http://obamacrimes.com/attachments/024_Berg%20v.%20Obama,%20Berg%20Opposition%20to%20Def.%20Motions%20to%20Dismiss%20complete.pdf

See also:

http://www.americasright.com/2008/09/berg-v-obama-update-monday-september-29.html

What does it all mean?

If I’m thinking like Obama, I’m betting that the Judge’s haste in obtaining Berg’s response to my Motion to Dismiss means that he could be ripe and ready to toss the whole thing out on jurisdiction issues should Berg not respond with anything new. If I’m thinking like Berg, it means that the Hon. R. Barclay Surrick could possibly grant my Motion for Expedited Discovery and delay ruling on Obama’s Motion to Dismiss until further evidence comes to light.

Bear with me here.

On questions of subject matter jurisdiction, I’m fairly certain that Judge Surrick can indeed delay a decision on Obama’s Motion to Dismiss and order discovery in the interim. In fact, according to a 2002 case entitled Sizova v. National Institute of Standards & Technology, when a defending party files a Motion to Dismiss for lack of jurisdiction, either party should be allowed discovery with regard to the issues of fact raised in that dismissal motion. Now, Judge Surrick certainly has discretion as to how he proceeds with adjudicating the issue of subject matter jurisdiction, but if he refuses discovery in such a way that the refusal could be deemed prejudicial against Berg, the denial and inevitable dismissal could be appealed on the grounds that the Judge abused that discretion.

Obviously, these things go both ways. Some decisions hold that, as a general rule, courts should allow limited discovery before dismissing a suit for lack of subject matter jurisdiction, while others hold that given the wide discretion afforded to District Court judges, the granting of a Motion to Dismiss based upon lack of subject matter jurisdiction without discovery does not constitute error.

This whole process will take time. Berg, of course, is fairly confident that he’s doing the right thing and will come out on top.

“In no way, shape or form does Barack Obama meet the requrements for president of the United States, and he should immediately be taken off of the ballot” Berg said. “Also, since he taught Constitutional Law, since he wrote the books that he wrote, he must be aware of his situation. It’s a crime what he’s done, and the Department of Justice should look into it.”

UPDATE:

The motion was filed shortly before 5:00 p.m today, along with a dozen exhibits. Upon cursory glance, it looks the same as when I saw it this morning. The full text of the motion, in PDF format, can be found by clicking HERE (many thanks to a good friend of America’s Right).

Phil Berg Barack Obama Ron Polarik Jeff Schreiber

Lao Tze (Larry Martin) maintains Barack Obama is Indonesian and he and TexasDarlin both have questions.

http://texasdarlin.wordpress.com/2008/09/30/obama-is-indonesian/

http://laotze.blogspot.com/2008/09/obama-throwing-papau-under-bus.html

Martin, as conveyed via email to me, thinks it’s time to ask Congressman Eni Faleomavaega a few questions:

1) What was the purpose of visiting Obama’s childhood school?

2) How much money was given to Barack Obama’s school, and why?

3) Why was there no mention of his trip to Indonesia and, considering his previous position, why was there a complete shift of his position on autonomy for the residents of Papua?

4) What did he discuss with the President of Indonesia regarding Barack Obama?

And MY QUESTIONS:

1) What is the current status of Obama’s Indonesian citizenship? Was it ever repudiated? If so, when? Martin wrote that “Obama is (not was) Indonesian. [Keep in mind from Judah Benjamin’s work that Kenyan citizenship, which Obama has now admitted acquiring at birth, automatically expired, but he would have had to formally renounce Indonesian citizenship by age 21.]

2) What was the nature of the records that were “acquired” by the US delegation, and how were they “suppressed?”

I have no additional information at this time.  This report will be updated if/when new information is received.

SEE TEXASDARLIN PREVIOUS ARTICLES:

*Breaking* Obama Admits Dual Citizenship by Judah Benjamin

Photo Documents Barry Soetoro: Indonesian Citizen, Muslim Religion by TexasDarlin (8/13/08)

Kenyan Citizenship Report Debunked by TexasDarlin (8/13/08)

Obama’s Dual Citizenship Disaster by TexasDarlin (8/10/08)

The Paper Trail: Obama’s Indonesian Background by Judah Benjamin (7/29/08)

Divided Loyalties: Obama’s Citizenship Problem, Part 2 by Judah Benjamin (7/25/08)

Divided Loyalties: Obama’s Citizenship Problem, Part 1 by Judah Benjamin (7/25/08)


%d bloggers like this: