Berg files Motion for Summary Judgment, API Just Won’t Go Away, and Rumblings from the Court

As of 11:00 this morning, Philip Berg had done three radio interviews, the last of which was a half-hour spot on G. Gordon Liddy’s popular program. Later today, he will be the subject of a piece by a CBS affiliate in Anchorage, AK.

I spoke with Berg immediately after his Liddy spot, and he mentioned two things of note. First, he plans to file a motion for summary judgment with the court today. Second, he has been in contact with African Press International and, as we spoke, his staff was working with the API staff on the electronic transfer of the alleged Michelle Obama tape.

Motion for Summary Judgment

Today, Berg filed a motion for summary judgment, essentially asking the court to make a determination without going to trial. Because Barack Obama and the DNC failed to answer or object to his request for admissions within the mandatory 30-day period, Berg says, the admissions are admitted by default and, therefore, there are no longer any genuine issues of material facts remaining and, therefore, Berg is entitled to a judgment as a matter of law.

In other words, if the motion is granted, he wins.

Generally, according to the 1986 U.S. Supreme Court decision in Celotex Corp. v. Catrett, in order to defeat a motion for summary judgment, the non-moving party–in this case, Obama and the DNC–may not simply rely on his or her pleadings but must actually bring forth evidence on every material issue. So, here, Obama and the DNC would be forced to confront, with evidence proving otherwise, the admissions claimed by Berg to have been admitted by default yesterday.

A possible problem here for Berg, however, is the continued question sure to be raised by the defense as to whether or not the 30-day time limit for response to the request for admissions was actually running, as according to Rule 26(f) of the Federal Rules of Civil Procedure, such requests typically cannot be served until after a discovery-related conference. If the defense can successfully raise that argument, then the admissions were not due, cannot be admitted by default, and Berg runs the risk that Judge Surrick could rule against him with a judgment as matter of law.

African Press International

I’m honestly just tired of it. I do not believe that the tape exists and, if you’ve read over the past few days, I was disappointed in myself for not trusting my gut feeling–that the whole account of the “interview” with Michelle Obama was a fraud–in the first place. Still, if my gut is wrong, I’ll be more than happy to own up to it. Berg, it seems, is far more certain.

“We are working with computer people and Chief Editor Korir over at African Press International as we speak so the audio file can be transfered over to us for distribution,” Berg said. “They say the information on there is far more extensive than just the things they reported, but before I do anything with it I want to review it in full.”

As I’ve mentioned time and time again, it reminds me of the purported pictures of Bill Clinton allegedly burning an American flag in Moscow which never surfaced. It reminds me of the so-called “whitey” videotape of Michelle Obama which has never surfaced. It just doesn’t smell right, I don’t like that I’m even covering it, but I feel as though it’s relevant to the discussion.

Rumblings from the Court

On the court, I cannot go into much detail, but I’ve heard a few things from a few people. Now, keep in mind that while every fiber of my being tells me that Berg’s suit will be dismissed for lack of standing, I’ve nonetheless had this nagging, itching feeling in my gut that Judge Surrick may just surprise everyone and come down, at least partially, for Berg. The rumblings I’ve heard from three different people, while CERTAINLY NOT CONCLUSIVE, do slightly reinforce my nagging gut feeling.

I will not be in the courthouse tomorrow or Friday, so knowing my luck, the decision may very well come down then (in fact, I’ve heard even more talk today saying that’s the case). That’s the kind of luck I have. Still, I’ll be within telephone and BlackBerry range of my contacts there, and will ensure that at least the very basics will be reported here immediately after anything happens. More detail will, of course, come later at America’s Right — but, honestly, no matter how Judge Surrick comes down, I’m fairly sure the decision will [finally] be getting coverage from the mainstream press.

Keep checking here at America’s Right for updates.

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Comments

  1. birdseye says:

    Obama being a non-citizen, if that is the case, is nothing. Bush- hating and MSM-loving stupid Americans will still vote for him.

    Fox News poll has Obama +9. I’d laugh when CBS/CNN/ABC spews such numbers, but Fox to me seems a more balanced network. Unless there is something really wrong with the methodology, it’s time to get used to the term ‘President Barack Hussein Obama’, however nauseating that really sounds.

  2. Anonymous says:

    I am hopeful that the truth will come out and very grateful to all whom are trying to do that.

    My fears and questions I suppose are: 1-I’m sure any favorable ruling will be met with going up to the SCOTUS. More Delay too late! Once he is in the WH nobody will find evidence anywhere!

    The Michelle Obama Tapes is I think a Hoax by DNC. They wanted Berg to jump on this in case the ruling goes his way, they they will smear him with a big hoax. Berg should have stayed clean from the API/Tape deal.

    Again, thank you for all the work you do.

    Terry

  3. Danae says:

    Thank you Jeff!

    God bless you and your family, I sure as heck appreciate what you are doing for us all!

    D.

  4. Anonymous says:


    3) Even if he was adopted in Indonesia, under rules which supposedly said you had to denounce your other citizenships, what rule in US says we would recognize that denouciation if it was not made officially in the US or by a US citizen (his mother … not his father)…”

    Renouncing US citizenship as i’ve read must be done outside the USA, usually at a foreign consulate. The question seems to be whether re-instatement of US citizenship was ever applied for, and if that perhaps only makes one a naturalized citizen from thereon.

  5. shelley perkins says:

    What I don’t understand is why they can’t take the (supposedly) original birth certificate to a
    3rd party for authentication.

    Wouldn’t that settle a lot of this?

    Also, regarding the transfer of the audio tape, I suspect Berg is getting a contract together for API to sign and they must have their own lawyers go over it too.

  6. Ironsides says:

    There is something I’ll explain here which might resemble how the court might handle this case against Obama:

    Between 2001-2005 I was involved in the Terri Schiavo (falsely called Right-to-Die) case. It really was a case of attempted murder.

    What got me involved was the day I read a post on a listserve. That day just happened to be the day the Statute of Limitations ran out, and Terri’s medical records were un-sealed. A Pathologist examined a bone-scan report, and explained to the court that the only other rigid broken neck he had seen was a woman who had been strangled to death.

    Judge George W. Greer was running a Right to Die case, and despite 850 pages of evidence against Michael Schiavo, the courts sided with Michael that Terri would want to die.

    I decided that I was not going to sit by, and let these dirt-bags from the ‘Duty-to-Die’ Socieities exploit a botched murder to legalize euthanasia throughout North America.

    During the next few years, although because of my own medical status I could not go down to Clearwater, Florida, I kept communication open with Terri’s parents via phone, email and voice-conferecing with their PR spokes-person.

    It didn’t matter what legalities were being handled at every step, the only so-called “experts” the courts accepted as “credible” just happened to be Michael Shiavo’s.

    The major Disability Rights organizations were involved long before me, but nobody was considered an authentic source of information but the criminal.

    The lies which dominated the media revolved around Terri wanting to die. They lied to the world that she was in a PVS (persistent vegetative state). Then, the only video clip they wanted the world to see, just happened to be a few minutes which made her look like a real retard.

    Any time the Associated Press published lies that she was in PVS, received a rebuttal from Terri’s parents, Mr. and Mrs. Bob Schindler Sr., AP refused to make corrections.

    http://www.terrisfight.org/

    The man who handled control of the overall judicial abuse and execution, was Michael Schiavo’s lawyer, George Felos.

    George Felos is a Buddhist, and is the religious cult leader for New Age lawyers and judges. George Felos and the judges who handled Terri’s got along great, because George Felos had a personal hunger for finishing off Michael’s botched murder. Also, Judge George W. Greer and other judges are members or at least supporters of the Church of Scientology.

    Nobody in a religious cult dares to disobey their leader. I know; I worked with The Children of God for 19 years. And in the Terri Schiavo judicial murder, Scientology doctrine was what ran the court.

    The past few days I’ve been reading what you are posting about the case against Obama’s right to the Presidency, because he’s only a naturalised citizen.

    I’m seeing the same tactics bein used by the court to stall things off until after the election.

    The problem with allowing it to be delayed that long is, that the Judicial Branch has been corrupted for many years; the Congress is also now dominated by many corrupt Democrats.

    If the last branch, the Presidency gets taken over on November 4, there might not be any more check and balance in government at all.

    If I was you, I would not wait for more delays and excuses by the court. After Nov. 4, all three branches of the governmemt might have no balance.

  7. Anonymous says:

    TWO THINGS FOR JEFF:

    1) If Surrick rules in Berg’s favor, how long would Obama have to turn over the documents

    2) Did Phil receive the audio tapes of Michelle Obama yesterday, and were they proven to be real?

    Thanks! I can’t go anothe sleepless night waiting for these two answers!

  8. Anonymous says:

    On the Indonesian issue. Just because his school records stated that he was an Indonesian citizen doesn’t make it so. It’s plausible that the school itself did the family a favor by falsifying this aspect realizing the state wouldn’t probably have a clue. It’s one thing for this to only be in a school record, it’s another if Indonesia has a verifiable record that he denounced his U.S. citizenship and became an Indonesian citizen. A friend and I were in Germany once and wanted to take a German speaking course that was open only to European citizens. So my friend and I stated we were from England. The teacher quickly realized it wasn’t true, but that didn’t mean we suddenly became citizens of the U.K. I think this particular argument is weak. There might be others with a bit more substance, but not this one.

  9. Anonymous says:

    written by Karen Bracken, October 23, 2008

    I just don’t see how this can be resolved in the next 11 days. Obama is on his way to Hawaii and I do not believe it is to see his ailing Grandmother. A man with his ego would never stop his campaign for a sick Grandmother. I thin he is on his way to pull off more of his magic. He makes everything disappear. Nothing sticks to this guy….Rezko, Ayers, Al-Mansour, allegations of him being bi-sexual, his citizenship, his drunken VP candidate, his economics, Raines, ACORN. If John McCain had even just 1 of these things in his past he would crucified. THey are crucifying Sara Palin because she spent $150K on clothes, hair etc. But no one says a stinking word about the millions of dollars Obama is spending on his campaign. That money could have almost paid off the economic crisis we are in right now that Obama and Dems created. And Bush is taking the fall for it. Oh and I can’t forget the Rev Wright…..a couple of years ago Obama said he went to that church every Sunday at 11am for services. There is no way Rev Wright was screaming nice things about the USA and white people just because Obama was there. He was screaming his hatred every Sunday at 11am and Obama knows it. Obama is Anti American now they are crucifying Michelle Buchannan because she had guts enough to tell it like it is. A woman with 5 kids and 23 foster children. A good woman that state it the way it is and they are ruining her over it. The DEMs are anti american and they are hateful. Look at what they did to “Joe Lieberman because he tried to speak up for what was right. GOD HELP US WE ARE IN TROUBLE. It looks to me like Obama will get elected and this country will never be the same. Dem President and Dem Congress. Oh my God. I can only hope the morons that vote for Obama vote for Republican Senators. The current Congress has a 9% rating…..but we still have idiots that don’t realize they are the ones that pass the laws and if they are unhappy with the state of the country it is them they need to blame..not Bush. Colin Powell and his testimony to WMDs in Irag are the reason we are in Irag today and now he turns his back on Bush (because he feels he got blamed for the war and his feelings are hurt) and says he doesn’t like the way the war is going. That moron got us there in the first place. I could just go on and on but what good does it do. Obama will be our next president and I am going to quit my job and jump on the Socialist wagon and get my free handout along with everyone else. With me and my husband both realizing the American dream of hard work and success we will be taxed so much it won’t pay to work anymore. Why should we kill ourselves only to have him take it away and give it to the lazy slug that won’t go to work. Or the single mother that lays down with whatever man (men) she can find and makes a bunch of babies to get welfare…….they aren’t getting $1 of my money anymore. I can only hope that more “successful” people do the same…then where will he get his money from. We will all be poor just like all the other socialist countries now and in the past.

  10. Anonymous says:

    it boils down to this-
    produce the birth certificate-everything else is peripheral.

  11. Anonymous says:

    FOR IMMEDIATE RELEASE:

    “OPERATION ALOHA OBAMA” YIELDS UP THE TRUTH ABOUT BARACK OBAMA

    PART THREE: BARACK OBAMA IS NOT BARACK OBAMA

    “OBAMA’S FATHER WAS FRANK MARSHALL DAVIS. OBAMA IS REALLY FRANK MARSHALL DAVIS, JR.,” SAYS ANDY MARTIN

    OBAMA’S ‘DREAMS FROM [HIS] FATHER] WAS REALLY A BOOK ABOUT HIS REAL FATHER, FRANK MARSHALL DAVIS

    OBAMA WAS THE VICTIM OF A HISTORICAL ANOMALY, AND ROBBED OF HIS BIRTHRIGHT AS THE SCION OF CIVIL RIGHTS ROYALTY

    OBAMA’S ORIGINAL “VAULT” BIRTH CERTIFICATE IS EITHER INCOMPLETE OR TAMPERED WITH, WHICH IS WHY IT HAS NEVER SURFACED.

    MARTIN SAYS OBAMA SHOULD SUBMIT TO DNA TESTING WITH HIS BROTHERS

    WAS OBAMA THE “VICTIM” OF A PRO-LIFE MOTHER?

    (HONOLULU, HI)(October 22, 2008) Internet powerhouse Andy Martin told a Honolulu news conference today that after an intense international investigation he is convinced that Barack Obama, Junior, the presidential candidate is really the son of Obama’s controversial mentor Frank Marshall Davis.

    “Mendacious adults ‘switched’ Obama at birth. That is why he has refused to allow access to the original or ‘vault’ birth certificate,” Martin told a Honolulu news conference. “We believe the original certificate did not list a father. Barack Obama became the father as a result of an agreement between Ann Dunham, Frank Marshall Davis and Barack Obama, Sr.

    “Davis was already married to a White Woman. He did not need a nonmarital child by a second one. Ann probably refused to have what was then called a ‘back alley’ abortion. Davis may have felt that ‘Obama’ would face less stigma with an ‘African’ background than a Negro one. The civil rights revolution, of course, turned that gambit upside down. In discovering and understanding what happened we cannot forget we are dealing with events in 1961, not 2008.

    “The irony in all of this is that Obama once stated he did not want his daughters to be ‘victimized’ with a child. And he is alive because his mother took the contrary view.

    “Barack Obama has known this since adulthood, and the shock of this discovery still reverberates in his psyche.

    “Ironically, what I have to say today dilutes the ‘Muslim’ theory that has propagated. Davis was not a Muslim. If Obama had told the truth at some point in his life, instead of living endlessly with the lies that were imposed on him by the adults in his life, we would have avoided a great deal of confusion. I, for one, have deep compassion for Mr. Obama. He is not the first person in history to be caught up in this kind of family fraud.

    “The disclosure by the two women in his life that he was not the ‘son’ of his ‘father’ also explains why he manifests such extreme ambivalence to both his mother and grandmother. He is angry because he was cheated of his real father.

    “Obama was robbed of his birthright of being the son of civil rights royalty, and of a father with whom he was completely simpatico. He could have grown up the son of Frank Marshall Davis, civil rights pioneer and activist, cutting-edge journalist, poet and man of letters. Mr. Davis was an extraordinary man in a dark period of this nation’s history, the pre-dawn of the civil rights era.

    “Obama has probably suspended his campaign and is flying to Honolulu because he is deathly afraid his grandmother may make a ‘dying declaration’ and blow the whistle on his family fraud. Dying people often blurt out the truth. The true facts of Obama’s parentage also reflect why there has been so much tension and alienation, as well as genuine love, in Obama’s relationship with his grandmother.

    “There has been a great deal of confusion and misconception about Frank Marshall Davis. A brief history lesson is essential to understanding the bizarre facts of Obama’s provenance.

    “During the 1920’s and 30’s many Negros (African-Americans) became ‘communists’ because the Soviet Union and the Communist Party USA promised to end racial segregation and Jim Crow laws in the United States. The Democratic Party, of course, was the powerful force behind segregation and Jim Crow. So it is a twist of fate that the same party that oppressed Blacks has now nominated one for president.

    “Madelyn Dunham is the last surviving person who knows the truth about the switch. That is why as we closed in on Dunham, Obama went ballistic, cancelled his campaign and came to Hawai’i to head us off.

    “I actually carry an official, certified pocket-sized birth certificate on me at all times [Andy shows a copy to media]. But this is NOT my ‘birth certificate.’ The original certificate is held in the City Clerk’s vault in Middletown, Connecticut. That is what has come to be known as the ‘vault copy.’

    “Likewise, the document that Obama has plastered over the Internet is NOT his original birth certificate or even a copy of his original certificate. It is a computer generated facsimile of an official record and nothing more. The original certificate was either handwritten or typewritten, not computer-generated in 1961. No one has ever seen that original certificate except the people that are working so hard to keep it hidden from the American people.

    “I am asking Judge Ayabe to impound the value certificate and have the court hold it for safekeeping.

    “By the time Barack Obama learned who he was, it was too late to change his identity. He was who he was, so he continued the ruse of being the son of an ‘African herder,’ which was yet another lie. ‘Dreams From My Father’ bears no connection to dreams from Barack Obama; there were none. It was Frank Marshall Davis who communicated his dreams to his secret son.

    “There is a simple way for Obama to resolve this controversy: he can either admit the truth of these facts and order the immediate release of his vault certificate; or he can submit to a DNA test. We can conduct a Maury Povich-style DNA test to determine filiation between Obama and his brothers, one of whom blogs at BarackObama.com.

    “In closing, I can only say that we used the fictional ‘Hawai’i Five-O’ as our dramatic template for this investigative operation. We could have as easily used the great, real-life Hawai’i detective Chang Apana as our polestar. He was featured in yesterday’s newspaper.

    “As for Mr. Obama, all I can say is ‘Book’em Danno.” Case solved. Barack Obama the presidential candidate is the son of Frank Marshall Davis.” Martin stated.

    “I bear Mr. Obama no ill will and no animus. I have only been a faithful servant of the search for truth, and I believe we finally know the secret truths about who Barack Obama really is: the son of Frank Marshall Davis.”

    ———————————————-
    Readers of Obama: The Man Behind The Mask, say the book is still the only gold standard and practical handbook on Barack Obama’s unfitness for the presidency. Buy it.
    Book orders: http://OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies from the publisher are available.
    ———————————————
    FULL DISCLOSURE: I recently decided to oppose Barack Obama’s election and became Executive Director of The Stop Obama Coalition, http://StopObamaCoalition.com. By default, I became the national leader of the anti-Obama movement. I am not acting as either a Democrat or Republican. I have had no contact whatsoever with the McCain Campaign. I am not a member of any political organization. The views expressed are entirely independent. I am acting as an American citizen who sincerely believes Obama is not the man we need in the Oval Office. We are going to run a very dynamic and aggressive campaign against Obama. I will continue to write my news and opinion columns for ContrarianCommentary.com. /s/ Andy Martin
    ———————————————-
    URGENT APPEAL: The Committee of One Million to Defeat Barack Obama is raising money to fight Barack Obama. http://CommitteeofOneMilliontoDefeatBarackObama.com. Please give generously up to the maximum of $100. Our ability to fight and defeat Barack Obama is directly dependent on the generosity of every American.”
    The Committee of One Million to Defeat Barack Obama limits itself to $100 maximum contributions; there are no bundlers, fat cats or illegal contributions. Obama is opposed to everything America stands for,” says Executive Director Andy Martin. “But while Obama has raised more than a third of a BILLION dollars, his opponents have raised virtually nothing. We can’t just sit back and expect John McCain to do the job all alone. Americans can either contribute now, or pay later. If we do not succeed, Obama will.”
    E-mail: contact@CommitteeofOneMilliontoDefeatBarackObama.com
    ———————————————
    Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He is currently based in New York selling his new book, Obama: The Man Behind The Mask. Andy is the Executive Editor and publisher of http://www.ContrarianCommentary.com. © Copyright by Andy Martin 2008. Martin comments on regional, national and world events with over forty years of experience. He holds a Juris Doctor degree from the University of Illinois College of Law.

    His columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com. Andy is the author of Obama: The Man Behind The Mask, published in July 2008, see http://www.OrangeStatePress.com.

    MEDIA CONTACT: (866) 706-2639 or cell (917) 664-9329
    E-MAIL: AndyMart20@aol.com [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]

    October 23, 2008 8:56 PM

  12. brett says:

    We NEED smarter ads.

    1) An ad featuring a highly respected economist explaining
    to the public about “tax and spend” and why McCain is better for the economy.

    2) An effective ad idea…would be with Joe Lieberman. In the ad he should say something like “Hello, I’m Joe Lieberman, you may remember me as being the VP running mate with Al Gore against George Bush Jr. But, this time around I’m supporting John McCain. We live in perilous times… with the threat of terrorism and the recent
    invasion of Georgia. It’s in times like these we need a leader like John McCain.”

    3) An ad featuring a montage of Lynn Forester de Rothschild, Miguel D. Lausell, Lynette Long, and Debra Bartosevich (all former Hillary supporters) explaining why they’re voting for John McCain.

    4) Bi-partisanship… an ad of Obama recently stating he has taken on his party…then state “In 2007, Obama voted with his fellow Democrats 97 percent of the time. In 2006, his score was 96, and in 2005, he again netted a 97 percent rating.”

    Source: What Obama’s Senate votes reveal
    http://www.msnbc.msn.com/id/23276453/

    Resume with Obama speaking…. then interject…

    “John McCain has reached across the aisle 55% of the time… Obama…only 13%….”

    Then continue…

    “If Obama is elected President… liberal Democrats will have complete control of both the Legislative Branch and the Executive Branch… I guess Obama wouldn’t really have to worry about reaching across the aisle.”

    Source: http://www.washingtontimes.com/news/2008/sep/15/records-show-mccain-more-bipartisan/

  13. TypewriterStreaming says:

    OT: This is an absolute outrage:

    http://edgeoforever.wordpress.com/2008/10/24/military-votes-tossed-out/

    Military votes tossed out in Virginia

    This is complete and utter bullshit on the part of my former party. I will never return. I will never vote for one of these creatures. Neveer again.

  14. Anonymous says:

    Is this the real deal? If so it looks to me like the Judged ordered in favor of Berg and that Obama is NOT a natural citizen and is ordered to be removed from the ballot.

    http://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2008cv04083/281573/27/

  15. Kearney Smith says:

    About the photographs of the supposed Obama certificate of live birth and the other one of 1963:
    Clearly the 1963 document was typed on a typewriter. The alleged Obama document is clearly a recent document printed on something other than a typewriter. (This in addition to the differences in the amount of information given—signatures, etc.)

  16. War on Drugs Now says:

    Why has nobody done the obvious! I was born in Hawaii. Why has nobody obtained an actual copy of a Hawaiian birth certificate? Obama’s is not the same document. If I look at my birth cert it is not even close. Just ask and someone will be glad to offer you an actual copy of a Hawaiian birth certificate. I had a request to see my original birth certificate for the purposes of security clearance. I did not have a copy anymore it was lost. I simply asked my mother to go to City Hall and she obtained a new one the same day. WHATS THE DEAL? HE NEEDS TO SHOW US THE REAL DOCUMENT. I do not want a NON-AMERICAN having control of our military.

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