Posted: October 21, 2008
9:22 pm Eastern
By Drew Zahn
© 2008 WorldNetDaily
Campaign doesn't respond to claims in lawsuit over birth certificate
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."
Berg's original lawsuit leveled several charges at both Obama and the DNC – accusing the former of lying about his place of birth, faking his birth certificate and fraudulently running for office; and accusing the latter of not properly vetting its candidate.
Though it hasn't given Berg the evidence he seeks, the Obama campaign has publicly answered allegations that the candidate was born in Kenya and faked his Hawaii birth certificate.
"Smears claiming Barack Obama doesn't have a birth certificate aren't actually about that piece of paper," says the "Fight the Smears" section of Obama's website, "they're about manipulating people into thinking Barack is not an American citizen.
"The truth is, Barack Obama was born in the state of Hawaii in 1961, a native citizen of the United States of America," the campaign website states. It also includes images of a Hawaii birth certificate bearing the name Barack Hussein Obama II.
Berg has also taken the controversy public through his website and through repeated public offers to revoke the lawsuit if Obama will produce legal documents that establish his citizenship.
Without those documents, Berg has chosen to file two additional motions in district court in Philadelphia. The first asks the court to notify Obama and the DNC of what Berg understands they have now legally "admitted," and the second asks for an expedited ruling, given the quickly upcoming Nov. 4 election.
"It all comes down to the fact that there's nothing from the other side," Berg told Jeff Schreiber for his blog, America's Right. "The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States."