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.
Now Democrat lawyer 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, 2008, 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."