Tag Archives: Citizen Wells open thread

Blagojevich retrial, Rezko Levine et al waiting sentencing, Citizen Wells open thread, August 23, 2010

Blagojevich retrial, Rezko Levine et al waiting sentencing

From the Chicago tribune, a list of Blagojevich trial potential witnesses waiting on sentencing.

“–Antoin “Tony” Rezko: Former fundraiser for Blagojevich and Barack Obama and key adviser to Blagojevich, convicted in June 2008 of fraud, money laundering and bribery for scheming to make millions of dollars by squeezing campaign contributions or kickbacks from firms seeking business with the Teachers Retirement System and Health Facilities Planning Board. On the witness list for Blagojevich’s trial, but did not testify, and is awaiting sentencing. Still faces charges of fraudulently obtaining a $10.5 million business loan.

–Stuart Levine: Millionaire attorney and longtime Republican donor. Pleaded guilty in October 2006 to fraud and money laundering in the Rezko schemes and was the government’s top witness against Rezko. Member of both the TRS and health planning boards, reappointed by Blagojevich to both. Testified that Blagojevich told him, “Stick with us and you will do very well for yourself.” Awaiting sentencing. Faced life in prison but could get 5 1/2 years for cooperating.

–William Cellini: Longtime Republican fundraiser in Springfield who did business with TRS. Was indicted with Blagojevich on charges of fraud and extortion conspiracy and attempted extortion in connection with a plan to block a Hollywood producer’s real estate investment company from getting $220 million in teachers pension money to invest unless the producer contributed to Blagojevich. Pleaded not guilty in November 2008, got his case separated from Blagojevich’s last fall and has not had a trial date set.

–Alonzo “Lon” Monk: Blagojevich’s law school roommate, gave up a career as a sports agent to join Blagojevich and was the governor’s first chief of staff and campaign manager. Pleaded guilty in October 2009 to one count of wire fraud for attempting to squeeze a racetrack owner for a $100,000 campaign contribution. Testified at Blagojevich’s trial that the two of them, Kelly and Rezko discussed ways to make money through state government connections. Has yet to be sentenced. He faced 37 to 46 months in prison but could get 24 months because he cooperated.

–John Harris: Blagojevich’s chief of staff from late 2005 until his arrest in December 2008, pleaded guilty to one count of wire fraud. Testified that Blagojevich sent word to the Obama administration that he would appoint one of the president-elect’s close friends to Obama’s vacated Senate seat if Blagojevich got a cabinet post in Washington. Has yet to be sentenced, but prosecutors have promised to urge a maximum 35-month term.

–Ali Ata: Rezko associate who pleaded guilty to lying to the FBI about Rezko’s role in getting him his job as executive director of the Illinois Finance Authority. Testified he was at a meeting in 2003 when Ata gave Rezko a $25,000 contribution for Blagojevich and the governor asked Rezko whether he’d spoken to Ata about a state job. He gave another $25,000 the following summer and Blagojevich told him the job he got should allow him to “make some money.” Awaiting sentencing. Faced 18 months in prison, but cooperation could mean even less than the 12-month minimum.

–Joseph Cari: Former Democratic National Committee finance chairman. Pleaded guilty in September 2005 to attempted extortion after telling a company seeking TRS business it had to send $750,000 to a consultant of his choice. Testified that Rezko and Kelly tried to recruit him to raise money for a Blagojevich presidential run and that the ex-governor told him governors are in a better position than senators to seek the presidency because they can hand out legal work and other contracts to contributors.”

Read more:

http://www.chicagotribune.com/news/chi-ap-il-blagojevichscorec,0,4123288.story

Drake v Obama, Brief filed, Ninth Circuit Court of Appeals, Citizen Wells open thread, August 22, 2010

Drake v Obama, Brief filed, Ninth Circuit Court of Appeals

Just in from Wiley Drake, plaintiff in Drake v Obama.

“This is the brief we filed last Thursday (8/12) in the ninth circuit.”
“STATEMENT OF THE CASE

APPELLANTS, members of the American Independent Party, bring this
appeal from the District Court’s October 29, 2010, ruling granting the defendants’
Motion to Dismiss (ER 1). APPELLANTS seek a determination by the Court as to
whether Respondent Barack Obama (hereinafter referred to as “OBAMA”) met all
the constitutional requirements for eligibility for the office of the President of the
United States.”

“STATEMENT OF THE FACTS

A. The Parties

APPELLANTS are members of the American Independent Party. Drake was
the Vice-Presidential nominee for the American Independent Party in the 2008
Presidential Election on the California Ballot. Robinson was a pledged Presidential
Elector for the American Independent Party in the 2008 Presidential Election for
the California ballot and was at the time the Chairman of the American
Independent Party.

OBAMA is a former United States Senator from Illinois and currently sits as
President of the United States. Respondent Michelle Obama is the wife of Mr.
Obama. Respondent Joseph R. Biden currently sits as Vice-President of the United
States and as President of the United States Senate. Respondent Robert M. Gates is
the Secretary of Defense for the United States. Respondent Hillary R. Clinton is
the Secretary of State for the United States.”

Read more

Obama a narcissist aligned with and influenced by Muslims, Citizen Wells open thread, August 21, 2010

Obama a narcissist aligned with and influenced by Muslims

“A light will shine through that window, a beam of light will come
down upon you, you will experience an Epiphany…and you will
suddenly realize that you must go to the polls and vote for Obama.”…Barack Obama

I have been listening to the debate which has occurred for several years and has come to a head recently about whether Obama is a Christian or a Muslim. One might as well debate how many angels can dance on the head of a pin. Rush Limbaugh, with his normal clarity of thought and expression has nailed this issue. Why would Obama go to church to worship himself? Obama is a narcissist. His love is focused on himself.

The bottom line in this debate is what religion, what ideology does Obama most closely identify with. The answer is simple, Islam.

From Citizen Wells August 17, 2008.

“The following quotes are from the book “The Obama Nation” by Jerome Corsi unless otherwise stated:”

Obama’s Muslim background
“Obama did attend a government run public school in Indonesia and he
did receive Islamic instruction, including study of the Koran.”
“Out of the blue, Obama clearly states , “In Indonesia, I has spent
two years`at a Muslim school and two years at a Catholic school.””
“”In the Catholic school, when it came time to pray, I would pretend
to close my eyes , then peek around the the room. Nothing happened.
No angels descended. Just a parched old nun and thirty brown children, muttering words.””
“Tine Hahiyary afirmed that Barry Soetoro had been registered as a
Muslim and actively took part in the Islamic religious lessons.
“I remembered that Barry studied ‘Mengaji’ ” she told reporters.
Mengaji involves recitation of the Koran, a clear indication Barry did more than just “play” at being Muslim while he attended the public
school.”
“When the muezzin sounded the call to prayer, Adi remembered seeing
Lolo and Barry walk together to the makeshift mosque. “His mother
often went to church,” Adi told the Times, “but Barry was a Muslim.
I remember him wearing a sarong.””
 
“He too recalled Barry coming to the prayer room wearing a sarong.
He told Pakota that Obama was “quite religious in Islam, but after
marrying Michelle, he changed his religion.””
“Researching thoroughly the many news investigative reports done on
Obama’s Muslim background by the mainstream media in 2007, we even
find confirmation there from Obama’s sister that he was Muslim in
Indonesia. “My whole family was Muslim,” Maya Soetoro-Ng told the
New York times when interviewed about her early days in Indonesia.
“Most of the people I knew were Muslim.””

“Why Obama left TUCC
“Obama needed a Christian church in order to succeed in Chicago
politics. He selected Trinity because it best matched his personal
and political feelings. Then he dumped the entire relationship when
it got in the way of his presidential ambitions.”
Obama’s actions and associations
“Obama recited for Kristof the opening lines of the Arabic call to
prayer. The opening lines of the Adhan, the Muslim call to prayer,
translated, read as follows, with each line repeated twice:
Allah is supreme! Allah is supreme!
Allah is supreme! Allah is supreme!
I witness there is no God but Allah.
I witness there is no God but Allah.
I witness that muhammad is his prophet…
Kristof said Obama recited the prayer “with a first rate accent.””

“We have to ask whether Obama, by supporting Odinga openly in Kenya,
lent his name also to endorse Odinga’s leftist politics and Odinga’s
alliance with radical Muslims pushing Islam in Kenya.”

Read more:

Obama passport and Muslim ties, Passport breach, Citizen Wells open thread, August 20, 2010

Obama passport and Muslim ties, Passport breach

I will be revisiting Citizen Wells articles from the archives from time to time. Here is one from February 9, 2010 that is relevant to current events.

“Obama passport files violated; 2 workers at State fired; 1 rebuked”

“Two State Department employees were fired recently and a third disciplined for improperly accessing electronic personal data on Democratic presidential candidate Sen. Barack Obama, Bush administration officials said today.
The officials, all contract workers, used their authorized computer network access to look up files within the department’s consular affairs section, which processes and stores passport information, and read Mr. Obama’s passport application and other records, in violation of department privacy rules, State Department spokesman Sean McCormack said.”

“Passport application data includes such details as date and place of birth, e-mail address, mailing address, Social Security number, former names and travel plans. Mr. Obama was born in Honolulu in 1961 to a Kenyan father and American mother. He lived in Jakarta, Indonesia, from age six to 10.”

“Obama has a dual citizenship with Kenya. His passport was breached today by inquiring minds because Obama is an anti-Israel pro-pan-arabism Islamic-socialist who has ties to marxist Libyan president Muammar al Gadaffi, Syrian tycoon Antoin Rezko, Saudi Arabian sheikhs, and Rezko’s “close friend” 3.5 million money pal Auchi, the one who gave Obama fundraiser money: Iraqi billionaire global arms dealer Nadhmi Auchi, was Baathist best friends with Saddam Hussein, and the main financial backer for Saddam’s Iraqi-Saudi oil pipeline, and who stood trial with Saddam in 1959 for conspiring to assassinate Iraqi President Qasim, (Saddam even killed Auchi’s brother, but they remained best friends), also marxist Nicaraguan President Daniel Ortega is on the frontline supporting Obama for the revolution of the change, and then there’s hardcore anti-Israel, pro-Palestine PLO enforcer Rashid Khalidi, (Obama was on Khalidi’s Woods Fund). Obama was a member of the Woods Fund with communist domestic terrorist Bill Ayers of the Weather Underground who bombed the Pentagon, the US Capital, among other things, and their organization raised money for anti-Israel programs, and also AAAN, for Arabs, and then there’s especially Kenya… where in August of 2007 Obama went to support his E. Germany communist educated cousin Raila Odinga for Kenyan presidential election who claims, coincidentally, to also be a Christian yet who signed NAMLEF and other pacts with radical Muslims who set churches filled with Christians on fire, and macheted them in the streets, causing a political and religious mini-civil war over the MuO.
Sorry folks, I studied all of Obama’s mentors, buddies, political affiliations, organizational memberships, and all of his *hard-core militant Muslim* family members, like his brother Abongo “Roy” Odinga who hates America, and their communist grandfather who ran with Russia and hated America, not to mention his socialist connection to his profound childhood mentor Frank Marshall Davis, a member of the Communist Party, CPUSA, and…well, we know Pastor Wright, Jesse Jackson, Jesse Jackson JR, Al Sharpton, and Nation of Islam minister Louis Farrakhan….and they have a *few* issues with america, white people, and jews—> so simply reverse it, and you’ll see they care about: Africa, Blacks, and Muslims, which can be corroborated by things they have said along with their affiliations.”

“I repeat, this was written on March 21, 2008.”

Read more

Did anyone notice on the passport presented by the White House recently that part of the blurred out data is revealed?

Blagojevich jury holdout, Jo Ann Chiakulas, End justifies the means, Hand of God?, Citizen Wells open thread, August 19, 2010

Blagojevich jury holdout,  Jo Ann Chiakulas, End justifies the means

From ACE OF SPADES HQ.

“Here’s what Fox local news in Chicago reports:
Jurors who have been interviewed so far will not identify the juror, other than to say the juror was a female.
FOX Chicago News reported that speculation is centering on juror Jo Ann Chiakulas of Willowbrook, after a second-hand acquaintance said that she has been saying for weeks that she would find Blagojevich not guilty.

Chiakulas is a retired director from the Illinois Department of Public Health.

Contacted Tuesday night, she told FOX Chicago News she would call on Wednesday if she wished to talk about the case.

On one count at least, Chiakulas voted with her fellow jurors, agreeing to convict Blagojevich of lying to federal agents.

Note that that is not yet confirmed. It is now confirmed by CBS local news Chicago.

They actually could have reported more — because pre-trial, they had this to say about a female “retired public health director” on the jury panel:
Juror # 106, a black female believed to be in her 60s, is a retired state public health director who has ties to the Chicago Urban League. She has handed out campaign literature for a relative who ran for public office. She listens to National Public Radio and liberal talk radio shows.

Media accounts mention the campaign literature, but they don’t mention NPR and liberal talk radio. Why?

We know they read this description — why do they end their repetition of it at that point?

The media is quick to stereotype conservative-tilting Americans and attribute to them bad motives.

Think they’ll do the same here?

What were her motives for so egregiously ignoring the law to set a guilty man free that her fellow jurors had to confront her with her own oath to render a true verdict?

Ties to the Chicago Urban League?
The Chicago Urban League supports and advocates for economic, educational and social progress for African Americans through our agenda focused exclusively on economic empowerment as the key driver for social change.
The Chicago Urban League provides African Americans with the tools, the programs and the experiences to help them reach their full economic potential. We are committed to growing Chicago’s African-American workforce and business community with well-informed pursuit of the following four strategies….
So she’s sort of hooked up with… community organizers?”

Read more:

http://minx.cc/?post=304818

This information surprises none of us. For the far left, the guiding principle seems to be the end justifies the means.

This woman is no worse than the judges, election officials and others who have ignored the US Constitution to justify the end.

And furthermore, this may be a blessing in disguise. For starters, this has highlighted the weak case of the prosecution and the failure to present a smoking gun, aka, Tony Rezko. This also brings more attention to the case and thus Obama and his fellow thugs and cronies. The prosecution may actually have to step up to the plate and present evidence. And who knows, perhaps Patrick Fitzgerald will unhitch his wagon from a falling star. And of course, it presents another platform for me and others to reveal the truth about Blagojevich and Obama. 

Perhaps the hand of God touches this.

Blagojevich jurors speak out, No smoking gun presented, Rezko for example, Citizen Wells open thread, August 18, 2010

Blagojevich jurors speak out, No smoking gun presented, Rezko for example

From the Chicago Tribune August 18, 2010.

“”They were very strong personalities,” foreman James Matsumoto said of the jurors. “They were all independent thinkers.”

He said he would have convicted Blagojevich on all counts, saying that the case slowly built, “layer upon layer.”

“You just say, ‘God, what was he doing?’ You find out here they were selling seats on boards and commissions. That to me was shocking,” Matsumoto said.

But in the end, he said, the “lack of a smoking gun” was too much of a hurdle for jurors to reach more than the one unanimous decision.

“We deliberated logically and with respect for each other’s opinions,” Matsumoto said. Still, he added, “it was very frustrating.”

Erik Sarnello, 21, of Itasca, said a female juror who was the lone holdout on convicting Blagojevich of attempting to sell the Senate seat “wanted clear-cut evidence, and not everything was clear-cut.”

Sarnello, a sophomore at College of DuPage studying criminal justice, said the main problem with the prosecution’s case was that it was all over the place.

“It confused people,” he said. “They didn’t follow a timeline. They jumped around.”

The foreman said jurors came close to convictions on a number of the 24 counts — as close as 11-1 — but remained far apart on others.”

Read more:

http://www.chicagotribune.com/news/local/blagojevich/ct-met-blagojevich-verdict-jury-20100818,0,1234825.story

Obviously, Tony Rezko is the biggest smoking gun.

Terry Lakin, US Military, Stand by Lakin and military, Citizen Wells open thread, August 17, 2010

Terry Lakin, US Military, Stand by Lakin and military

I have not forgotten about LTC Terry Lakin. I stand by him now and going forward. Lakin is a true patriot. Lakin’s superiors, if they do not uphold their oath to defend the US Constitution and question Obama and his orders, are cowards and treasonous. I am prepared to say it to their face.

I received the following in an email this morning. Another reason to support our military.

“The story is about Channing Moss, who was impaled by a live RPG during a Taliban ambush while on patrol. Army protocol says that medivac choppers are never to carry anyone with a live round in him. Even though they feared it could explode, the flight crew said damn the protocol and flew him to the nearest aid station. Again, protocol said that in such a case the patient is to be put in a sandbagged area away from the surgical unit, given a shot of morphine and left to wait (and die) until others are treated. Again, the medical team ignored the protocol. Here’s a short video put together by the Military Times, which includes actual footage of the surgery where Dr. John Oh, a Korean immigrant who became a naturalized citizen and went to West Point , removed the live round with the help of volunteers and a member of the EOD (explosive ordinance disposal) team. Moss has undergone six operations but is doing well at home in Gainesville , GA. I think you’ll find the video absolutely remarkable.”

http://www.militarytimes.com/multimedia/video/?bcrefid=808163493#/Live+RPG+removed+from+soldier/51745112001

LTC Terry Lakin, CNN retraction of defamatory comments, Citizen Wells open thread, August 16, 2010

LTC Terry Lakin, CNN retraction of defamatory comments

From American Patriot Foundation a few minutes ago.

 
“PRESS RELEASE
 
ARMY DOCTOR LTC TERRY LAKIN SUCCESSFUL IN DEMAND FOR CNN TO RETRACT DEFAMATORY STATEMENTS
 
JEFFREY TOOBIN WITHDRAWS VICIOUS STATEMENT HE MADE ABOUT LAKIN SAYS HE NEVER INTENDED THEM TO APPLY TO DECORATED ARMY DOCTOR
Washington, D.C., August 16, 2010. The Army doctor who is being court martialled for refusing to obey orders has demanded – and received – a retraction from CNN of defamatory comments made by Jeffrey Toobin about Lakin.
 
Lakin appeared on the “Anderson Cooper 360” program with his lead counsel, Paul Rolf Jensen on May 7, 2010. A few days later, CNN aired on the same program a panel discussion with three lawyers, the purpose of which was to discuss LTC Lakin and his case. During that program, the following colloquy took place between Messrs. Cooper and Toobin, and a photo of LTC Lakin was displayed during Mr. Toobin’s remarks:
 
COOPER: It is sad, this guy has given 18 years of service, apparently served honorably, was a doctor, and then seems to be tossing out his career for this. I mean there are principled stands you can take…
 
TOOBIN: In your interview you kept saying what an honorable man he is. You know, as they say at the Supreme Court, I think I dissent. You know, these people are bigots, they’re racists, they’re freaks, they’re lunatics, these are not rational players in American politics…
 
On June 8, 2010, Jensen wrote CNN President Jonathan Klein as well as Mr. Toobin. In that letter, Jensen wrote: “Mr. Toobin’s statement is patently false. LTC Lakin is neither irrational, a racist, a bigot, a freak, or a lunatic. Nor is there any rational basis to conclude he is any of these things, which of course was Mr. Cooper’s point. Mr. Toobin, unlike Mr. Cooper, made this statement without ever speaking with LTC Lakin (or likely anyone that knows him.) Mr. Toobin’s statement was understood to pertain to LTC Lakin and appears to have been made with actual malice, and particularly in the context given, which is Mr. Toobin contradicting Mr. Cooper saying LTC Lakin’s professional service was honorable, attacks my client’s professional character and standing.
 
For these reasons, Mr. Toobin’s statement constitutes per se defamation, and is unconscionable, and LTC Lakin demands it be immediately retracted, on air during the “Anderson Cooper 360″ program. Your failure to make such a retraction will leave us no choice but to sue for defamation without further notice or demand.”
 
Immediately upon receipt of Jensen’s letter, CNN’s Vice President and General Counsel David Vigilante contacted Jensen, and although he denied the statement was defamatory, he agreed that CNN would require Toobin to retract the statement, and true to his word, last month this is exactly what aired:
 
TOOBIN: Anderson, can I just add one point on an unrelated matter?
 
COOPER: Sure. Yes.
 
TOOBIN: A couple of weeks ago, we did a story about Lieutenant Colonel Terrence Lakin. He is the officer who has tried to get out of military service because he believes that President Obama was not born in the United States. He’s one of the so-called birthers. In the course of that report, I made the statement that a lot of the birthers are bigots and racists and there was a picture of Lakin behind me.
 
I didn’t mean to suggest that he was a bigot and a racist. I was just talking more generally. And I also should correct myself. He wasn’t trying to get out of military service. He is the subject of a court Martial, that’s why we were doing the story. But I didn’t mean to imply that about him.
 
COOPER: OK, Jeff, thanks.
 
The videos can be viewed on the website of the American Patriot Foundation, www.safeguardourconstitution.com.
 
LTC Lakin accepts this second statement as a complete retraction of the first. Although it is regrettable that it took Jensen’s threat of litigation to compel Toobin to take back his vile words, the fact remains that CNN did the right thing in airing this retraction. “The matter is now closed,” Lakin stated today. “CNN and Toobin did the right thing to clear my name, and while I was ready to file suit if necessary to protect my reputation, I am glad my attorney was successful without having to do so.”
 
Lakin is a Lt. Colonel with almost 18 years of unblemished service to the Army, with six tours of duty abroad, including tours in Bosnia and Afghanistan. He is a physician and has been awarded the Bronze Star for his service. He believes that his oath to support and defend the United States Constitution has compelled him to act as he has, because President Obama’s eligibility under the Constitution to hold office has been seriously questioned, and the President has refused all requests to release documents claimed to exist which could determine his eligibility.
 
Immediately prior to Lakin’s refusal to deploy, his commander, COL Dale Block wrote of Lakin, “Dr. Lakin is an extremely talented, highly knowledgeable senior Army clinician…he can always be counted on to provide me with expert advice…LTC Lakin is clearly one of the top clinicians in the Northern Regional Medical Command. He has superb clinical skills, rapport with patients and staff…Terry is the best choice for tough assignments…Already on the promotion list to Colonel, he should be groomed for positions of greater responsibility.” COL Block concluded by describing LTC Lakin as “best qualified” and recommended that LTC Lakin be selected for duty as a Clinic Commander (in other words, Block’s own position).
 
The American Patriot Foundation, a non-profit group incorporated in 2003 to foster appreciation and respect for the U.S. Constitution, which has established a fund for Lakin’s legal defense to LTC Lakin. Further details are available on the Foundation’s website, www.safeguardourconstitution.com.
—-end—-
For further information, contact: Margaret Hemenway at (202) 725-7659
WHAT YOU CAN DO NOW
Support Terry’s Efforts
http://www.safeguardourconstitution.com/support-the-foundation.html

Add a Banner to Your Website
http://www.safeguardourconstitution.com/banners-and-graphics.html
Forward this email to anyone you feel may have an interest in Terry’s case.
Click here for forward this email to a friend.”

Citizen Wells open thread, August 15, 2010, Obama, Blagojevich, Eligibility, Economy, Congress

Citizen Wells open thread, August 15, 2010

As you may have guessed, I have been on the road. The next few months should be interesting. Take your pick.

Blagojevich verdict.

Obama eligibility in the forefront with LTC Terry Lakin court martial.

Economy.

Continued Globe articles on Obama.

Congressional elections.

Robert F Bauer, Patrick Fitzgerald, Elena Kagan, Obama puppets, Citizen Wells open thread, August 13, 2010

Robert F Bauer, Patrick Fitzgerald, Elena Kagan, Obama puppets

What do Robert F. Bauer, Patrick Fitzgerald and Elena Kagan have in common?

This will help jog your memory on Bauer.

“Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :”
“MOTION OF DEFENDANTS
DEMOCRATIC NATIONAL COMMITTEE AND
SENATOR BARACK OBAMA FOR A PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON DISPOSITIVE MOTION
Pursuant to Fed. R. Civ. P. 26(c)(1), defendants Democratic National Committee
and Senator Barack Obama respectfully move the Court for a protective order staying all
discovery in this action pending the Court’s decision on defendants’ motion to dismiss
the action for lack of subject matter jurisdiction and for failure to state a claim upon
which relief can be granted.”
“Respectfully submitted,”
“Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com
“I. Procedural Background
In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as
President under Article II, section 1 of the Constitution because, Mr. Berg alleges
(falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr.
Berg seeks a declaratory judgment that Senator Obama is ineligible to run for President;
an injunction barring Senator Obama from running for that office; and an injunction
barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of
all of the Senator’s college and law school applications, requests for financial aid, college
and law school papers, and “a copy of your entire presidential file pertaining to being
vetted.” Plaintiff also served 56 requests for admission on Senator Obama. On that same
date, plaintiff served on the DNC 27 requests for admission and requests for production
of five categories of documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a
matter of law, plaintiff has no standing to challenge the qualifications of a candidate for
President of the U.S. and has no federal cause of action.”

“In this case, as in Weisman and Norfolk Southern Rwy., defendants’ pending
motion to dismiss for lack of subject matter jurisdiction would dispose of the entire
action. The motion does not involve any disputed issues of fact: defendants contend that,
as a matter of law, plaintiff lacks standing to challenge the qualifications of a candidate
for President and that there is no federal cause of action that could serve as a means for
such a challenge. Thus, discovery is not needed in order to rule on the motion. In these
circumstances, a stay of discovery is warranted and appropriate.”

“For the reasons set forth above, the Court should grant the motion of defendants
DNC and Senator Barack Obama for a protective order staying discovery pending a

decision on their motion to dismiss.
Respectfully submitted,”
Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com