Category Archives: Circuit Court

Kerchner v Obama and Congress, Update, April 11, 2010, Appellants Motion for Leave to File a Supplemental Appendix, Obama not natural born citizen, US Third Circuit Court of Appeals, Attorney Mario Apuzzo

Kerchner v Obama and Congress, Update, April 11, 2010, Appellants Motion

From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.

“For Immediate Release – 10 April 2010

Kerchner v Obama Appeal – Activity in Appeal Case

Atty Apuzzo Files Appellants Motion for Leave to File Supplemental Appendix. Copy of the Appendix Also Filed.

Kerchner v Obama & Congress Appeal – Atty Mario Apuzzo Filed on 10 April 2010 to the U.S. 3rd Circuit Court of Appeals an Appellants Motion for Leave to File a Supplemental Appendix. Along with the motion he also filed a copy of the Supplemental Appendix. You can read the Motion and the Supplemental Appendix which has been combined into one file for release purposes via the link to the filing documents at this link.

http://puzo1.blogspot.com/2010/04/kerchner-v-obama-appeal-atty-apuzzo_10.html

Comment from Commander Kerchner, the Lead Plaintiff:
Our side is ready and rhetorically locked and loaded for the epic struggle. General Quarters has been sounded and the We the People are now awake on this issue and on the move to remove the unconstitutional Usurper from the Oval Office along with his corrupt and socialist backers with their foreign influences, money, and agenda for America to take our nation into a direction that is not American and violates our Constitution, the fundamental law of our land.  We are a nation of laws not men. Our hearing in court is coming. If we don’t prevail in the 3rd Circuit Court of Appeals this case will be taken to the U.S. Supreme Court. We the People will not quit.  This issue is not going away until Obama’s true legal identity is revealed and his constitutional eligibility to be President and Commander-in-Chief of our Military is thoroughly vetted in a court of law on the merits of the charges. The truth and the Constitution will win this fight in the end. We the People will insure that. So help us God.

CDR Kerchner
www.protectourliberty.org
####”

Kerchner v Obama and Congress, Update, April 8, 2010, Merits hearing scheduled, June 29, 2010, Newark NJ

Kerchner v Obama and Congress, Update, April 8, 2010

From Attorney Mario Apuzzo’s blog.

“There has been activity in the Kerchner et al vs. Obama & Congress et al Appeal before the U.S. 3rd Circuit Court of Appeals in Philadelphia Pa.

1st: Atty Apuzzo sent a letter on 2 Apr 2010 to the Court of Appeals requesting addition to the record the dissertation on natural born Citizenship written by David Ramsay and published in 1789, one of the founders of our nation.
2nd: A letter dated 6 April 2010 was received today from the Court of Appeals scheduling a hearing date for the case on Tuesday, June 29, 2010 in Newark NJ. The court indicated in the letter that it has not yet decided whether it will permit Oral Arguments and that the parties to the case will be notified on that decision at a later time. If Oral Arguments are not permitted the case will be decided on the written Briefs and documents before the court. The appeal will be heard by a panel of three Federal 3rd Circuit Judges the names of whom have not been provided at this time.

Atty Mario Apuzzo, time permitting given his active legal practice, will provide a fuller explanation about the filing he made and letter received today from the court later this evening or tomorrow.

Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http://puzo1.blogspot.com/
http://www.protectourliberty.org/

OFFICE OF THE CLERK

MARCIA M. WALDRON
UNITED STATES COURT OF APPEALS TELEPHONE

CLERK
FOR THE THIRD CIRCUIT 215-597-2995

21400 UNITED STATES COURTHOUSE
601 MARKET STREET

PHILADELPHIA, PA 19106-1790

Website:

April 6, 2010
Mario Apuzzo Esq.

Eric Fleisig-Greene Esq.

RE: Charles Kerchner, Jr., et al v. Barack Obama, et al

Case Number: 09-4209

District Case Number: 1-09-cv-00253

Dear Counsel:

The above-entitled case(s) has/have been tentatively listed on the merits on

2010

within the

The panel will determine whether there will be oral argument and if so, the amount of time

allocated for each side. (See Third Circuit Internal Operating Procedures, Chapter 2.1.) No later

than one (1) week prior to the disposition date you will be advised whether oral argument will be

required, the amount of time allocated by the panel, and the specific date on which argument will

be scheduled.

Counsel shall file an acknowledgment form

and advise the name of the attorney who will present oral argument. In addition, please indicate

whether or not s/he is a member of the bar of this Court. Bar membership is not necessary if

counsel represents a U.S. government agency or officer thereof or if the party is appearing pro se.

If the attorney is not a member of the bar of this Court, an application for admission should be

completed, which should be returned to this office without delay.

The hyperlinks for access to the

Tuesday, June 29,in NEWARK, NJ. It may become necessary for the panel to move this case to another dayweek of June 28, 2010. Counsel will be notified if such a change occurs.within seven (7) days from the date of this letter,acknowledgment form, application for admission, andappearance form
are provided for your convenience, and are also available on the Third Circuit

website.
Please file your completed acknowledgment form through CM/ECF.

Very truly yours,

Marcia M. Waldron, Clerk

By:

Tiffany Washington, Calendar Clerk-267-299-4905

Case: 09-4209 Document: 003110090637 Page: 1 Date Filed: 04/06/2010
 

 

Link to letter:

http://www.scribd.com/doc/29519222/Kerchner-v-Obama-Appeal-Ltr-from-Court-4-6-10-Case-Docketed-For-Hearing

Kerchner v Obama and Congress, Update, March 8, 2010, Obama and Congress File Their Opposition Brief to the Kerchner Appeal, Law of standing

Kerchner v Obama and Congress, Update, March 8, 2010

From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress, March 8, 2010.

“For Immediate Release – 8 Mar 2010

Attorney Mario Apuzzo’s Statement about the Opposition’s Brief filed today in the Kerchner v Obama & Congress lawsuit Appeal now before the U.S. 3rd Circuit Court of Appeals in Philadelphia PA.

http://puzo1.blogspot.com/2010/03/obama-and-congress-file-their.html
Monday, March 8, 2010
Obama and Congress File Their Opposition Brief to the Kerchner Appeal
Today, March 8, 2009, putative President Barack Obama and Congress filed their Opposition Brief to the Kerchner appeal currently pending in the Third Circuit Court of Appeals in Philadelphia. The brief may be viewed at this link. We now have until March 22, 2010, to file our reply brief which will address the arguments the defendants have made in their opposition brief.

The defendants brief is a presentation of general statements of the law of standing. Appealing to what other courts have done, the defendants basically tell the court that the Kerchner case should be dismissed because all the other Obama cases have been dismissed. Its main point is that the Kerchner plaintiffs have not proven that they have standing because they failed to show that they have suffered a concrete and particularized injury.

The brief does not even acknowledge our factual allegations against Obama which are that he is not and cannot be an Article II “natural born Citizen” because his father was a British subject/citizen and not a United States citizen and Obama himself was a British subject/citizen at the time Obama was born and that he has failed to even show that he is at least a “citizen of the United States” by conclusively proving that he was born in Hawaii. It is strange as to why the brief does not even contain these factual allegations within it, giving the appearance that the Justice Department does not want such allegations to be even included in any official court record.

Nor does the brief acknowledge let alone address what all our legal arguments are on the questions of standing and political question. Rather, it merely repeats what the Federal District Court said in its decision which dismissed the Kerchner case for what it found was lack of standing and the political question doctrine and asks the Court of Appeals to affirm the District Court’s decision dismissing our complaint/petition.

I will be filing my reply to the defendants’ brief on or before March 22, 2010.

Mario Apuzzo, Esq.
March 8, 2010
http://puzo1.blogspot.com
####”

Kerchner v Obama and Congress, Update, February 23, 2010, Appeal, US 3rd Circuit Court of Appeals, Philadelphia PA, Over Length Appellant’s Brief granted

Kerchner v Obama and Congress, Update, February 23, 2010

From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.

For Immediate Release – 22 Feb 2010

There was activity today in the Kerchner et al v Obama & Congress et al Appeal before the U.S. 3rd Circuit Court of Appeals in Philadelphia PA.

The Appellant’s Motion for Leave to File an Over-Length Appellant’s Brief has been granted by Judge Michael Chagares, Circuit Judge, with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The Appellant’s Brief is now past that technical hurdle and is thus fully accepted and before that court. This case at the Court of Appeals level will be judged by a three judge panel. You can see a copy of the Motion and the Order granting it at the below link.

Kerchner v Obama Appeal – Motion Granted for Appellants Request for Leave to File Over Length Brief:
http://www.scribd.com/doc/27308595/Kerchner-v-Obama-Appeal-Order-Granting-Leave-to-File-Over-Length-Brief-2010-02-22

You can read the entire Appellant’s Brief at this link:
http://www.scribd.com/doc/25461132/Kerchner-v-Obama-Appeal-Appellant-s-Opening-Brief-FILED-2010-01-19

We say in our original complaint that Obama is not a “natural born Citizen” of the USA and thus is not eligible to serve as President in the Oval Office. Obama is a Usurper and must be removed to preserve the integrity and fundamental law of our Constitution and our Republic.

We say that we Plaintiffs do have standing and the federal courts do have jurisdiction to address the constitutional legal question as to what does the term “natural born Citizen” in Article II mean to “constitutional standards”. All citizens have the inalienable right under the 9th Amendment to stand up to support and defend the U.S. Constitution against usurpation. And Oath Takers such as CDR Kerchner have a duty to do so. The courts have the constitutional power to take and decide this case. It is part of the “judicial review” powers of the federal courts.  It is the courts duty to interpret the Constitution and all terms therein for cases involving the U.S. Constitution brought before it.

“We the People” will be heard on this matter! As the People in Massachusetts have demonstrated, “We the People” are the Sovereigns in this country. The Constitution is the fundamental law of our nation, not Obama, Congress, or the two Political Parties, or the Main Stream Media. We will not be silenced. The chair Obama temporarily and illegally sits in in the Oval Office is not his throne. It is the People’s seat. And Obama despite all his obfuscations to-date must prove to “constitutional standards” that he is eligible to sit in that seat or he will be removed by the People.

This is not going to go away until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for President.

Obama at birth was born British via his non-Citizen, foreign British Subject father. Obama is a dual-citizen. He holds and has held multiple citizenship during his life-time. He’s been a Citizenship chameleon all his life as the moment and time in his life suited him. While living in Indonesia during his childhood he was an Indonesian citizen. Obama is not a “natural born Citizen” with singular and sole allegiance to the USA at birth and Unity of Citizenship at Birth to the USA as is required per the Constitution per the intent of our founders and framers of the Constitution and the meaning of the term “natural born Citizen” to Constitutional standards. The requirement to be “natural born Citizen” at birth is a national security issue since the President is the commander of our military. That is why the clause was put into the Constitution in the first place. Obama is not a “natural born Citizen” of the USA and is an illegal President and Commander-in-Chief and is a national security risk to this nation.

The next expected activity in the Kerchner v Obama & Congress lawsuit is for the Defendants’ to file their Opposition Brief. The Defendants previously had filed for an extension for more time to file their Opposition Brief, which the court had previously granted. As has been typical, the Obama side continues to stall and delay and obfuscate. They absolutely do not wish this case tried in court on the merits as Obama is NOT a “natural born Citizen” of the USA and that would be easily proven in a Court of law with discovery and presentation of the historical and legal evidence as to what the term “natural born Citizen” meant to the founders and in four U.S. Supreme Court cases.

In the end the truth will be told. It’s only a matter of time and the truth will come out. Obama’s hidden and sealed documents of his early live will be revealed, and he will either resign or be constitutionally removed from the office he illegally sits in. Obama has created a Constitutional Crisis of historic proportions. But We the People will resolve it. History will record Putative President Obama as a disgraceful moment in the history of our great Republic and put a gigantic asterisk after his name. But we will survive it. Our Constitution and We the People will win the day and protect our freedom and liberty for our children, grandchildren, and are great-grandchildren to come. Obama the illegal President will be removed.

Charles F. Kerchner, Jr.
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http://www.protectourliberty.org
####

US Constitution for dummies, Presidential eligibility, Accountability, Glenn Beck, Obots, Drug users, Kerchner v Obama, Obama avoids presenting records with attorneys help

Why has Obama employed a legion of private and government attorneys to avoid presenting a legitimate birth certificate and college records?…Citizen Wells and millions of concerned Americans

Yesterday, February 13, 2010, the Citizen Wells blog provided an update on the Charles Kerchner v Obama and Congress lawsuit.

“Obama and Congress Request and Obtain an Extension of Time to File Opposition Brief to Kerchner v Obama & Congress Appeal.”

“As Lead Plaintiff in this case it looks to me like the Defendants are having great difficulty finding a way to knock down the constitutional, historical, and legal arguments made by Attorney Mario Apuzzo in the Appellant’s Opening Brief to the U.S. 3rd Circuit Court of Appeals filed in Philadelphia PA, the city where our U.S. Constitution was written in 1787.”

Kerchner v Obama update

The Post & Email provides some background
“Kerchner case will test Third Circuit court’s adherence to the Constitution”
“Recently the attorneys representing Barack Hussein Obama and the U.S. Congress have admitted the formidability of the arguments mustered against their clients by requesting an extension on the deadline to file their reply.  The court set that, now, for March 8.  Apuzzo will then have two weeks to file his reply, defending his brief against their counter-arguments.
Without a doubt, Obama’s attorneys will not be able to muster a defense without a direct attack on the very U.S. Constitution and the rights protected by it which are the basis of the case.”

Read more:

http://www.thepostemail.com/2010/02/14/kerchner-case-will-test-third-circuit-courts-adherence-to-the-constitution/

Today, we present:

US Constitution

Presidential eligibility

Accountability

   For

Dummies

Glenn Beck

Obots

Drug users

Left wing wackos

 

If you fall into one of the categories above or you can’t follow all of those messy or complicated constituional issues above, this is for you.
From the original Kerchner v Obama and Congress lawsuit.

“53. Obama has refused all efforts to have him release the following documents,
relying on sealing of records and/or privacy laws: Punahou High School records,
Occidental College records, Columbia College records, Columbia Thesis paper, Harvard
College records, Selective Service Registration, medical records, Illinois State Senate
records, Illinois State Senate schedule, Law practice client list, Certified Copy of the
original, long form, Certificate of Live Birth (Birth Certificate), Harvard Law Review
articles that were published, University of Chicago scholarly articles, exit and entry
immigration records covering all of Obama’s travels out of the United States; passports;
and record of baptism, if any;”

Read more about this here:

http://puzo1.blogspot.com/2010/02/obama-and-congress-request-and-obtain.html

Let’s pretend for a moment, for the group above, that the birth certificate and natural born questions above are not relevant (you would have to be a complete idiot to believe that). Who would spend enormous sums of money and employ many attorneys to avoid revealing college records unless they had something to hide.

From the docket of the Kerchner v Obama lawsuit.

“02/12/2010
1 pg, 83.15 KB
ECF FILER: Letter from Dick Cheney, Congress of US, House Represenatives,
Barack Obama, Nancy Pelosi, US Senate and USA confirming extension of time
pursuant to Third Circuit LAR 31.4 with service on opposing counsel. Service
date 02/12/2010. (EF)”

Attorneys representing Obama, et al.

“BARACK OBAMA, President Elect of the United
States of America, President of the United States if
America if Sworn In, and Individually
Defendant – Appellee
Eric Fleisig-Greene, Esq.
Direct: 202-514-4815
Email: eric.fleisig-greene@usdoj.gov
[COR NTC Federal government]
United States Department of Justice
Civil Division
Room 7214
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0000″

“Elizabeth A. Pascal, Esq.
Direct: 856-757-5105
Email: Elizabeth.Pascal@usdoj.gov
Fax: 856-968-4874
[Federal government]
Office of United States Attorney
Camden Federal Building & Courthouse
401 Market Street
P.O. Box 2098, 4th Floor
Camden, NJ 08101-0000″

Even you all can figure this one out. Obama is hiding his records and the taxpayers are paying for his defense.

Glenn Beck, I emailed and left voice messages with a cell phone number you can call if you have any questions or if anything here appears incorrect.

Glenn, I am still waiting for the phone call.

Kerchner v Obama and Congress, Update, February 13 2010, Charles Kerchner lead plaintiff, Mario Apuzzo attorney, Obama and Congress Request and Obtain an Extension of Time to File Opposition Brief

From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress, last night, February 12. 2010.

“For Immediate Release – 12 February 2010

Obama and Congress Request and Obtain an Extension of Time to File Opposition Brief to Kerchner v Obama & Congress Appeal.

http://puzo1.blogspot.com/2010/02/obama-and-congress-request-and-obtain.html

As Lead Plaintiff in this case it looks to me like the Defendants are having great difficulty finding a way to knock down the constitutional, historical, and legal arguments made by Attorney Mario Apuzzo in the Appellant’s Opening Brief to the U.S. 3rd Circuit Court of Appeals filed in Philadelphia PA, the city where our U.S. Constitution was written in 1787.

The truth about Obama’s constitutional ineligibility for the office he sits in, and the fundamental law of our nation, the U.S. Constitution, will win the day in the end.

It is only a matter of time before the fraud of Obama in the 2008 election will be revealed. And because of that the progressives are trying to run out the clock to keep him in office as the putative president as long as possible. But in my opinion Obama’s days of deceit and fraudulently occupying the Oval Office are numbered.”

From attorney Mario Apuzzo:

“Friday, February 12, 2010
Obama and Congress Request and Obtain Extension of Time to File Opposition Brief to Kerchner Appeal
On January 19, 2010, I filed the Appellants’ Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia. In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama’s alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question. In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents. We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth. Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.

We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate (a long-form birth certificate generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which was posted on the internet by some unknown person in 2008) or through other contemporaneous and objective documentation. Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept him as a “natural born Citizen.”

The defendants had 30 days within which to file their opposition brief. Defendants have requested and obtained from the Court an extension of time to file their brief. The Court has granted them until March 8, 2010 to file it. After that filing, I will then have a chance to file a reply brief within the next 14 days.

You may obtain a copy of my brief at this site . We will be posting here the defendants’ opposition brief after it is filed along with my reply brief. I hope that many of you will take the time to read these briefs so that you may learn first hand what the legal issues and arguments are regarding whether the plaintiffs have standing and/or are precluded by the political question doctrine to challenge Obama on his eligibility to be President and Commander in Chief, and what the meaning of an Article II “natural born Citizen” is.

Mario Apuzzo, Esq.
February 12, 2010
http://puzo1.blogspot.com

If you can, help the cause.
CDR Kerchner, Lead Plaintiff
http://www.protectourliberty.org
Posted by Puzo1 at 4:56 PM   “

http://puzo1.blogspot.com/2010/02/obama-and-congress-request-and-obtain.html

Obama and Rezko, Kenneth J Conner lawsuit, Update, February 13 2010, Whistleblower Conner fired by bank, FBI, Patrick Fitzgerald, Land appraisal, Obama Rezko real estate deal, Why has Obama not been indicted?

Lest

We

Forget

 

Forget Obama, not a chance.

As reported on this and other websites, Obama has long time close associations to crime and corruption in Chicago and Illinois. One of Obama’s longest and closest ties is to Tony Rezko, who of course has strong ties to Rod Blagojevich. On December 16, 2008, the Citizen Wells blog reported the following fallout from one of the Obama and Rezko real estate transactions.

“Since arresting Illinois Gov. Rod Blagojevich, U.S. Attorney Patrick Fitzgerald has renewed interest in convicted fundraiser Tony Rezko’s part in the purchase of Barack Obama’s Chicago mansion, according to a former real estate analyst who says he was interviewed by the federal prosecutor in the past 10 days.

Kenneth J. Conner told WND he was interviewed by investigators from Fitzgerald’s office regarding the purchase of the Obama mansion and the adjacent vacant lot that Rezko’s wife, Rita, purchased simultaneously. As WND reported last week, Connor filed a civil complaint in October with the Illinois Circuit Court in Cook County alleging he was fired by Mutual Bank of Harvey, Ill., because he objected to land appraisals submitted on behalf of the Rezkos and the Obamas, with the complicity of the bank.

Connor previously confirmed to WND that he told the FBI, months ago, when he initially was fired, that the bank and the Rezkos were engaged in “fraud, bribes or kickbacks, use whatever term you want,” to benefit the Obamas.

Connor said his lawyer, Glenn R. Gaffney, also has been interviewed by the FBI about the Rezko-Obama deal within the past 10 days.”

Kenneth J Conner lawsuit, Obama and Rezko deal

Here is what is believed to be the latest status of the Kenneth J Conner lawsuit.

 

https://w3.courtlink.lexisnexis.com/cookcounty/Finddock.asp?DocketKey=CAAI0L0ABBEHA0LD

Spindled is a  Illinois courts term for the process of filing a motion, and filing the notice that the motion will be presented to the court for a hearing. The term derives from Cook County, Illinois, in which the court clerk had the practice of attaching the motion and notice papers o the clerk’s file with a needle, or “spindle.”

I have spoken to Kenneth J Conner on several occasions and will continue to monitor the lawsuit.

Many of us have wondered about Patrick Fitzgerald since he took the assignment from the Obama Administration. I must tell you that this continues to stink.