I read the Motion and attachments last night; here’s my take.

Berg filed suit against Obama. Obama refused to answer, instead filing a Rule 12 Motion seeking to dismiss the suit. The filing of that Motion meant that Obama did not have to file an Answer until after his Motion to Dismiss is ruled on.

Additionally, Obama filed a Motion for Protective Order, seeking to move the Court to enter an Order preventing Mr. Berg from being about to conduct discovery, such as requesting documents and the like. The Court has NOT ruled on that Motion, nor has it ruled on Obama’s Motion to Dismiss.

Berg sent Obama a document called “Request for Admissions.” Essentially, this is a request that Obama admit or deny certain statements, such as: “Admit that you were born in Kenya.” Under the Federal Rules of Civil Procedure (“FRCP”), Obama, upon being served the Request through his attorney of record, had 30 days to respond. Obama’s attorneys, relying on their Motion for Protective Order, have refused to engage in discovery at all, and therefore refused to respond to the Request for Admissions.

Under the FRCP, if a party doesn’t answer Request for Admissions within 30 days, then the requests are deemed admitted against the party. In this case, the FRCP holds that Obama has “admitted” that he was born in Kenya, among other things.

That is the basis for Berg’s Motion for Summary Judgment.

If this was a car-wreck suit, Obama would be screwed and would lose.

How then can Obama still win the suit? Or, rather, how is it that Berg can still lose with all those admissions? Two ways:

1. The Court could still find that Berg lacks standing by granting Obama’s Motion to Dismiss, thereby making the “admissions” moot; or

2. Obama could respond to the Motion for Summary Judgment by requesting leave of Court to undeem the admissions. I can’t fathom a Court not granting such a request in a case like this, with this sort of political magnitude.

In a nutshell: the Motion has merit, but only George Tenet would call it a slam dunk.

Foolish though, in my opinion, for Obama not to simply deny the Request for Admissions.

Are you SURE you want to listen to the eminent legal scholar Berg about Obama? Really?

Listen to what Berg said in his “evidence” against Bush & Company about 9/11:

“Bush and his cronies made 9/11 happen or let it happen. And, if they let it happen, then they made it happen. Either way, they are responsible; and more important, they have completely and unequivocally covered-it-up!”

Now, it is time for world leaders to take the lesson learned from Iraq and issue a warrant for the arrest of George W. Bush and Richard Cheney; arrest them; take them to a neutral country; try them for the murder of over 2,800 people from more than 80 countries on 9/11/01 and, when found guilty, sentence them appropriately. Jurisdiction would be proper in any of the more than 80 countries whose citizens were murdered on 9/11.

Yeah, just arrest them!

Berg’s a nutbar Bush-hater from way back; in 2001 he asked Supreme Court Justices Thomas, Scalia and O’Connor to voluntarily disbar themselves for their decision in Bush v. Gore. He also sued President Bush in 2004 under a RICO lawsuit on behalf of Willie Rodriguez.