Summons Reissued, Obama to be Served by Tomorrow
Philip Berg, the well-known Philadelphia attorney and former Deputy Attorney General for the State of Pennsylvania who two weeks ago sued Illinois senator and Democratic Party presidential nominee Barack Obama in federal court challenging the constitutionality of his White House bid, was at the courthouse this morning to file a Praecipe for Reissuance of Summons.
While the original summons was accepted ten days ago by the U.S. Attorney’s office on behalf of the Federal Election Commission, also a named defendant in Berg’s suit, proper service never reached the Democratic National Committee or Barack Obama’s agent for service. Today’s procedure will ensure that proper service is made, but the reasons behind the procedural hiccup remain a mystery to everyone involved.
“For whatever reason, Sen. Obama never received the summons,” said Berg over the telephone this afternoon. “The court mailed everything out on August 22nd.”
This time, rather than relying solely upon the court to mail the summonses following the filing of the complaint, the papers were faxed to a court service company in Washington, D.C. While on the phone, Berg received a call on the other line and confirmed that the papers were indeed in D.C. and would be served, at the latest, by tomorrow.
Still, he said, the information about the suit is out there. It was picked up by the Washington Times and by the [Norristown, PA] Times-Herald and has spread across the Internet like a wildfire. His own Web site, the ever so objectively-named ObamaCrimes.com, has received more than 5 million hits. Mainstream media exposure has been understandably slow, he said, and when I asked whether he thought the deafening silence on the part of Rush Limbaugh, Sean Hannity, Laura Ingraham and more could be a sign that this information was perhaps at the heart of the GOP’s “October Surprise,” his answer was simple.
“It could be. If so, it looks like I jumped the gun,” he said, reminding me that part of his motivation for filing suit when he did was to avoid the catastrophe for the Democratic Party which would inevitably occur should the GOP bring it up closer to Election Day.
“I filed this case because of the constitutional and party implications, but I am concerned about [Barack Obama],” he said, before adding that he is still 99.99 percent certain that his allegations in the lawsuit are true. “As every day goes by without a response, I think we’re on target. Obama has a well-oiled machine that responds to everything else immediately. When McCain puts out a video, they have a response video out within hours. No comment from Obama leads me to believe that I’m correct.”