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Philip J. Berg, filed a lawsuit demanding Sen. Barack Obama present proof of citizenship

by: doug edelman | published: 10 24, 2008

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Pennsylvania Democrat Philip J. Berg, who filed a lawsuit demanding Sen. Barack Obama present proof of his American citizenship, now says that by failing to respond Obama has legally "admitted" to the lawsuit's accusations, including the charge that the Democratic candidate was born in Mombosa, Kenya.

As WND reported, Berg filed suit in U.S. District Court in August, alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Though Obama has posted an image of a Hawaii birth certificate online, Berg demands that the court verify the original document, which the Obama campaign has not provided.

Now Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides written answer or objection to charges within 30 days, the accused legally admits the matter.

Since Obama has only filed motions to dismiss and has not actually answered the charges in the lawsuit, Berg claims, according to Rule 36, Obama has legally admitted he is not a natural-born citizen.

Now Berg is asking the court for a formal declaration of Obama's admission and asking the Democratic National Committee for another presidential candidate.

In a statement released today, Berg argues that he filed Requests for Admissions on Sept. 15, meaning Obama had until Oct. 15 to answer or face the consequences of Rule 36.

"Obama and the DNC 'admitted,' by way of failure to timely respond to Requests for Admissions, all of the numerous specific requests in the Federal lawsuit," Berg's statement reads. "Obama is 'not qualified' to be president and therefore Obama must immediately withdraw his candidacy for president and the DNC shall substitute a qualified candidate."

Complete article at WorldNetDaily.com

Actions taken Thursday, October 24:

Plaintiff Phil J. Berg filed two motions seeking an expedited resolution in Berg v. Obama.

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANTS, BARACK HUSSEIN OBAMA and THE DEMOCRATIC NATIONAL COMMITTEE

This motion argues that the facts have been established that Barack Obama is not constitutionally qualified to be elected or serve as President of the United States, and that the Court should issue a summary judgment as follows:

That Barack Hussein Obama a/k/a Barry Hussein Obama a/k/a Barack Dunham a/k/a Barry Dunham a/k/a Barack Soetoro a/k/a Barry Soetoro is not a “natural born” or “naturalized” United States citizen.
That he is ineligible to run for and/or serve as President of the United States.
That the Democratic National Committee be enjoined from naming Barack Hussein Obama, et al as the Democratic Presidential Candidate on the ballot.
That the Democratic National Committee and Barack Hussein Obama, et al are enjoined from any further campaigning on behalf of Barack Hussein Obama, et al for Office of the Presidency.
That Barack Hussein Obama’s, et al name be removed from any and all ballots for the Office of the President of the United States.

PLAINTIFF’S MOTION REQUESTING AN EXPEDITED RULING ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

This motion requests that the court:

Grant Plaintiff’s Motion for Summary Judgment.
Order that Defendants Response to Plaintiff=s Motion is to be filed and served upon Plaintiff by a specified date.
Order that a Ruling, Hearing and/or Resolution be set for a specific date.