The following motion was filed in US District Court for the Eastern District of Pennsylvania on October 22nd, and entered earlier today.
This is an amended filing from the earlier motions (as is clear from the text); based on the state of the case as of the 22nd.
Earlier, the Obama campaign filed a motion to dismiss, and a motion to prevent discovery. Neither of these motions have been granted.
The Obama campaign has not filed substantive responses to Bergs motions and assertions; and has missed several deadlines.
Theoretically, by the rules of civil procedure, the judge has to rule in favor of the plaintiff, unless he finds the plaintiffs motions have no merit (or that he cannot hear the case due to jurisdictional defect, or lack of standing on the part of the plaintiff); however the judge could decide to dismiss, or to hear the case instead.
Also, the plaintiff has requested a jury trial if summary judgement is not entered; and the Obama campaign failed to respond to this request; so if the judge decides not to enter summary judgement and instead hear the case, he is again required by civil procedure to order a hearing before a jury.
Judges have a lot of leeway within the rules, but if they decide to do something outside of normal practice that leaves a lot of room for appeal. I’ve looked at this judges rules for civil procedure (judges can set their own rules to a certain extent) and he is a hardcore stickler for the rules.
The Obama campaign clearly thought the judge wasn’t going to take this case seriously, and that they could either get it dismissed our of hand, or delayed until after the election.
It seems clear now this isn’t going to happen.
At this point, the Obama campaigns only response is to claim jurisdictional defect and lack of standing. They are saying that the court can’t hear the case, and that even if they could, Berg can’t bring the case. Their grounds for such assertions are weak at best.
Read the filings. If you don’t believe me, go log in to P.A.C.E.R. and look at the totality of the case. Berg has affadavits from Obamas grandmother, officials from the Kenyan ministry of state, officials from the hospital he is alleging Obama was born in…
This is going to be messy. Even if the case is dismissed by jurisdictional or standing defect, it will simply be refiled immediately by someone who has standing (that shouldn’t be hard to find) in the proper jurisdiction.
This isn’t going away.
Whether the allegations are true or not, by not taking this case seriously, Obama is in trouble.
Understand, I am making no claims as to the validity of the case; only that it has not been dismissed, and the Obama campaign is treating it as if it already has been.
I’m inclined to think if the judge were going to summarily dismiss the case, he would have done so before Oct. 21st.
I have a feeling the judge will at least have a hearing on jurisdiction and standing.
If the Obama campaign address this only as a jurisdictional issue, or a standing issue, it’s going to come back.
Right now, the Obama campaign isn’t even arguing the merits of the case; and if they DON’T get it dismissed on the merits, the exact same allegations and information are going to be used to file cases from now, until he is out of office presuming he is elected.
I’ve spent the last three years arguing a federal case, responding to motions and appeals with no merit. Because our opponent had even the slightest validity in his cause of action, it was strongly advised BY THE JUDGE, that we respond to all motions in a timely manner; even though we had a motion to dismiss pending the entire time (it was eventually granted).
Until this case is heard on the merits, and dismissed on the merits, I think it’s going to be a MAJOR issue for Obama; even after the election, whether he is elected or not.
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