Tag Archives: Kerchner V Obama and Congress

Kerchner v Obama and Congress, Update, July 22, 2010, Attorney Mario Apuzzo not liable for costs, US Third Circuit Court of Appeals

Kerchner v Obama and Congress, Update, July 22, 2010

Just in from Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.

“For Immediate Release – 22 July 2010

Attorney Mario Apuzzo’s Legal ‘Response’ to the U.S. 3rd Circuit Court of Appeal Order is Successful.

The U.S. Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal | by Attorney Mario Apuzzo

http://puzo1.blogspot.com/2010/07/third-circuit-court-of-appeals-finds.html

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The Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal
On July 2, 2010, the Third Circuit Court of Appeals issued its decision affirming the New Jersey Federal District Court’s dismissal of the Kerchner et al v. Obama/Congress et al case for lack of Article III standing. The Court ordered that I show cause in 14 days why the Court should not find me liable for just damages and costs suffered by the defendants, not in having to defend against the merits of plaintiffs’ underlying claims that Putative President Obama is not an Article II “natural born Citizen,” that he has yet to conclusively prove that he was born in Hawaii, that Congress failed to exercise its constitutional duty to properly vet and investigate Obama’s “natural born Citizen” status, and that former Vice President and President of the Senate, Dick Cheney, and current Speaker of the House, Nancy Pelosi, were complicit in that Congressional failure, but rather in having to defendant against what the court considers to be a frivolous appeal of the District Court’s dismissal of their claims on the ground of Article III standing. On Monday, July 19, 2010, I filed my response. This afternoon, on July 22, 2010, the Third Circuit Court of Appeals issued its decision on whether it should impose the damages and costs upon me. The Court has decided not to impose any damages and costs upon me and has discharged its order to show cause. This means that the matter of damages and costs is closed. Here is the Court’s decision:

“ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges) On July 2, 2010, this Court filed an Order to Show Cause directing Appellants’ counsel to show cause in writing why he should not be subject to an Order pursuant to F.R.A.P. 38 for pursuing a frivolous appeal. In response, Mario Apuzzo filed a 95-page statement that contains, inter alia, numerous statements directed to the merits of this Court’s opinion, which the Court finds unpersuasive. His request that the Court reconsider its opinion is denied, as the appropriate procedure for that issue is through a Petition for Rehearing. However, based on Mr. Apuzzo’s explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause, filed. Sloviter, Authoring Judge. (PDB).”

I want to thank everyone who supported and encouraged me in this battle. This includes everyone who expressed their feelings on this matter through blog posts, articles, and comments, and emails.

Mario Apuzzo, Esq.
July 22, 2010
http://puzo1.blogspot.com
###
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For additional information and/or comment contact Attorney Mario Apuzzo of Jamesburg NJ at:

Blog: http://puzo1.blogspot.com
Email:  apuzzo@erols.com
Tel:  732-521-1900
Fax: 732-521-3906″

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 10, 2010, ARGUMENT ACKNOWLEDGMENT, Charles Kerchner Mario Apuzzo radio interview, Dr. Kate interview, Youtube video of interview, Obama not natural born citizen

Kerchner v Obama and Congress, Update, April 10, 2010, ARGUMENT ACKNOWLEDGMENT

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

“For Immediate Release – 09 April 2010

Atty Mario Apuzzo Files His ‘ARGUMENT ACKNOWLEDGMENT’ to the U.S. 3rd Circuit Court of Appeals in Preparation for the Hearing and Argument of the Kerchner v Obama & Congress Appeal Scheduled to be Heard on 29 Jun 2010.

http://www.scribd.com/doc/29687263/

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

Charles Kerchner, Attorney Mario Apuzzo interview 4/7/2010 on the Dr. Kate Revolution Show.

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

Charles Kerchner, Attorney Mario Apuzzo, Kerchner v Obama and Congress, April 7, 2010, Radio interview, Dr. Kate

Charles Kerchner, Attorney Mario Apuzzo, Kerchner v Obama

Just in from Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.

“Atty Apuzzo & CDR Kerchner on Revolution Radio Show hosted by Dr. Kate – Wed, 07 Apr 2010, 9:10 p.m. EST

http://puzo1.blogspot.com/2010/04/atty-apuzzo-cdr-kerchner-on-revolution.html

CDR Kerchner
Pennsylvania
http://www.protectourliberty.org

“Atty Mario Apuzzo and CDR Kerchner will be guests on Revolution Radio Show hosted by Dr. Kate on Wednesday, 7 April 2010, at 9:10 p.m. EST.

Direct link to Revolution Radio show at BlogTalkRadio.com:
http://www.blogtalkradio.com/drkate/2010/04/08/revolution-radio-constitutional-governance

Also stop by and read Dr. Kate’s blog at:
http://drkatesview.wordpress.com/

Charles F. Kerchner, Jr., Commander USNR (Retired), Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org

Read more:

http://puzo1.blogspot.com/2010/04/atty-apuzzo-cdr-kerchner-on-revolution.html

Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments on Appellant’s Reply Brief, Mario Apuzzo attorney

Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments

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

“For immediate release – 23 March 2010

Commander Kerchner’s comments on the Appellant’s Reply Brief filed today by Atty Apuzzo in the Kerchner v Obama & Congress Lawsuit Appeal

By now many of you have likely had time to read Attorney Mario Apuzzo’s outstanding Appellant’s Reply Brief filed today with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The closing two paragraphs sum up the issues and consequences and the duty of the federal court’s role in resolving the core constitutional legal question of this lawsuit very well. Imo, Atty Apuzzo’s words will live in history. The federal courts must take this case or our Constitutional Republic is doomed and on its way to the scrap heaps of history.

Atty Apuzzo writes on pages 29 & 30:
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“The Supreme Court has warned us what can happen to our republic if its government does not observe the laws of the land. United States v. Olmstead, 277 U.S. 438 (1928). A finding of no jurisdiction will mean that we as a nation accept usurpation and tyranny by a small group of individuals who can act in concert and gain control of both parties and overthrow the constitutional order of our Republic and that citizens of the United States such as the plaintiffs, whose life, liberty, safety, security, tranquility, and property are threatened by such a plan and action, do not have any due process to protect themselves through a legal action in which they ask the judicial branch of government to protect them by enforcing the Constitution.

Judicial review is absolutely necessary when the other two branches of government act in a concerted way to subvert and ignore the Constitution’s requirements defining eligibility standards for the most powerful office of the land, the President and Commander in Chief of the Military. This power balance is important to the survival of our Republic and our Constitution.  Plaintiffs’ case goes to the very core of our Constitution, the fundamental law of our land, and whether ultimately our legal system truly means anything when it comes to controversial but critical constitutional issues.  For the Court to grant plaintiffs standing, find no violation of the political question doctrine, and rule that it has jurisdiction over plaintiffs claims will do no harm to the role that the judiciary plays in our Constitutional Republic but will rather confirm that elections in America must adhere to the rule of law.”
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Bravo-Zulu Mario! You have done your job well. In your various briefs you have given the courts the facts and correctly cited the laws of our nation, including the Constitution which is the fundamental law of the land. The decision is now in the hands of the Appellate Court. They must now do their duty in our constitutional system of checks and balances and use their judicial review powers granted to them by We the People in the Constitution, and confirmed by the great Chief Justice John Marshall, to prevent usurpation of power by the other two branches. May they look for guidance to God, the Declaration of Independence, the Constitution, the Federalist Papers, and the U.S. Supreme Court decisions you cited in your Appellant’s Opening Brief and other briefs, and then do the correct thing per their oath “… to support and defend the Constitution of our United States against all enemies foreign and domestic … so help me God”, and remand the case back to the District Court for a trial on the merits so we can learn before the bar of a court of law the true legal identity of Obama and reveal what he has been hiding from the American people, that he is not an Article II “natural born Citizen” to constitutional standards.  And in doing so, We the People will remove the Usurper from the Oval Office.

If you have not read the entire Reply Brief you can read it here:

Kerchner v Obama & Congress – Appellant’s Reply Brief – Filed 23 Mar 2010 – U.S. 3rd Circuit Court of Appeals – Philadelphia PA
http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Congress-Appeal-Appellant-s-Reply-Brief-filed-23-Mar-2010

May God Bless and Save America,

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