Tag Archives: Kerchner V Obama and Congress

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
####

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

Kerchner V Obama and Congress, Support Kerchner lawsuit, Charles Kerchner CDR USNR, Attorney Mario Apuzzo, US Constitution, Chief Justice Marshall, Marbury V Madison, Obama birth certificate, Father Kenyan British, Barack Obama not natural born citizen, No birth certificate, Obama spends millions to avoid

“Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.”

“So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of  these conflicting rules governs the case. This is of the very essence of judicial duty.

If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.” …Chief Justice Marshall, “Marbury V Madison”

 

I have been in contact with lead plaintiff Charles Kerchner and attorney Mario Apuzzo since the inception of their lawsuit against Obama and Congress. The lawsuit is still alive and they are actively engaged in raising public awareness about the lawsuit and eligibility issues. One of their efforts has been to advertise in the Washington Times. Advertising and court cases require much money. Charles Kerchner has asked for my assistance. The Citizen Wells blog has a new page devoted to the Kerchner V Obama lawsuit and there is a link on that page and blog front page for donations to the cause.

Why is this lawsuit and other lawsuits important, aside from the obvious objection of removing an illegal usurper from office and saving this country?

By mid 2008, two things were abundantly clear:
1. There was enough evidence against Obama to stop his campaign for the presidency and the mainstream media was in bed with him.

  • Documented close ties to Tony Rezko, Rod Blagojevich and numerous crime and corruption figures.
  • Obama had kept hidden almost all of his important records.
  • There was no legitimate evidence that Obama was eligible and much compelling evidence that Obama was not a natural born citizen.

2. A Chicken V Egg scenario was emerging due to the Orwellian public perception crafting of the Obama camp and mainstream media. The court cases must emerge and move forward.

  • The US Constitution must be upheld.
  • The US Citizens must know the truth.
  • A constitutional crisis had to be avoided by preventing an illegal usurper from taking the presidency.

The merits of eligibility lawsuits will not be discussed here. That exercise has it’s place in the classrooms, court rooms and forums of the nation. No one desires to diminish the protocols and thought processes. However, it is clear from reading the opinion of Chief Justice Marshall, in “Marbury V Madison” that he adheres to the intent of the founding fathers to follow the US Constitution as the supreme law of the land, trumping other legislation and procedures. It is also clear that judges and state officials have forgotten or ignored their solemn oaths to uphold the US Constitution. Judges appear to be more concerned about subtle nuances, protocol, and yes, politics, than fulfilling their constitutional roles.

“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?

If such be the real state of things, this is worse than solemn mockery. To prescribe, or to take this oath, becomes equally a crime.”…Chief Justice Marshall, “Marbury V Madison”

So even though the issue of Barack Obama’s eligibility is governed by the US Constitution and subsequent Admendments, judges and state officials have chosen to ignore their sacred duties and leave the American people devoid of the crucial protection of checks and balances and the protection of the supreme law of the land.

This has transformed the many eligibility lawsuits into a watershed role probably not envisioned by the founding fathers. We now have the lawsuits proving a point, critical to the survival of this nation, in the court of public information and common sense. Before the appearance of the multitude of lawsuits, the mainstream media in cahoots with the Obama camp, controlled public perceptions of Obama’s records and eligibility as well as legal definitions such as natural born citizen. Public awareness of Obama’s eligibility is still to a large extent governed by these Orwellian attempts. The straw that broke the camel’s back, imprisoned Al Capone and ultimately will be the Achilles heel of Obama, is a detail. In Capone’s case he was indicted on tax evasion charges. In Obama’s case it is the fact that he has spent so many resources to avoid presenting a legitimate birth certificate and other records. This has been the blessing of the court cases. Despite the best attempts to pass the buck, play party politics and ignore constitutional responsibility, the truth about Barack Obama’s eligibility is emerging.
So why should you support an eligibility lawsuit? First and foremost we must demand that the US Constitution be adhered to as the supreme law of the land. Secondly, and what will ultimately indict Obama in the hearts and souls of the American public…

Why?

Barack Obama has employed a legion of private and government attorneys to prevent revealing his country of birth. Innocent and eligible persons seeking the office of president do not do that.
Support the Kerchner V Obama lawsuit and make certain you inform as many people as possible, Ask the simple question above.

From the new page at Citizen Wells.

 

Charles F. Kerchner, Jr, V Barack Hussein Obama II

Charles Kerchner
CDR USNR (Ret)
Lead Plaintiff
Kerchner v Obama & Congress

Donate To The Cause

Charles Kerchner, Attorney Mario Apuzzo interview.

For more information about the history of this case:

http://puzo1.blogspot.com/

Washington Times ad, White House attack, Charles Kerchner ad, December 3, 2009, Kerchner V Obama and Congress, Hacker attacks Post & Email

Just in from John Charlton of the Post & Email, December 3, 2009.

“White House orders attack on Washington Times

KERCHNER ADVERTORIAL SPARKS VICIOUS RACE-POLITICS ACTION

SIMULTANEOUS HACKER-ATTACK OF THE POST & EMAIL BY OBAMA SUPPORTER”

“As editor of The Post & Email I can now publicly confirm that our website was hacked 3 times yesterday by an Obama supporter, in conjunction with a simultaneous political attack on the Washington Times Newspaper, in Washington, D.C..

The motive for the attack was identical:  The advertorial placed by Commander Charles F. Kerchner, Jr., U.S. Navy, Retired in the Washington Times, entitled ” Obama’s Lack of Eligibility.”

The advertorial contained a brief explanation why Barack Hussein Obama was still a British citizen, and why that makes him ineligible for the U.S. Presidency. It featured the classic Asian metaphor of “See no evil, hear no evil, speak no evil”, and used the images of 3 Chimpanzees with signs before each, assigning one to represent Congress, the second to represent the Courts, and the third to represent the Main Stream Media.

The ad read in part:  “Obama, the putative U.S. President, was born a British subject Governed by the British Nationality Act of 1948, and is currently a British protected person and/or British citizen to this day.  How can a person who is born a British subject be a Natural Born Citizen of the USA?”  You can view the advertorial online at Scribd.com. ”

“Yesterday morning, a computer user came to The Post & Email’s site, having read a copy of our article “Mega Media” at Oil For Immigration. Our site was then attacked by a hacker using a server at the Department of Welfare for the Commonwealth of Pennsylvania, in Harrisburg, Pennsylvania.”

“Our confidential sources in Washington, D.C., have divulged to us that during the attack on our website, a political uproar was in progress in the Capitol., of the like not see in decades. It was directed by the White House through the political activists in the Black Community.  These activists urged advertisers at The Washington Times to pull Kerchner’s ad, complaining to the sales department, that the advertorial was “racist.” Leading figures in the Media throughout the Capitol also angrily complained to the paper’s editorial board.”

Read more:

http://www.thepostemail.com/2009/12/03/white-house-orders-attack-on-washington-times/

Congress Courts Media, Obama not eligible, Billboard, December 1, 2009, Barack Obama not natural born citizen, US Constitution, Father Kenyan British, No birth certificate, Kerchner V Obama and Congress, Obama spends millions to avoid

INTERNET BILLBOARD

Article II, Sec. 1, cl. 5 of the US Constitution

“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President. . .”

From the 20th Amendment to the US Constitution.

“or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until
a President shall have qualified;”

December 1, 2009

Attention: Congress, Courts, Media

It is not a conspiracy theory. Using the term “birther” in a condescending, Orwellian manner to discredit decent, hard working Americans who believe that the US Constitution is the law of the land, will not be tolerated.

1. Barack Obama has employed a legion of private and government attorneys to prevent revealing his country of birth. Innocent and eligible persons seeking the office of president do not do that.

2. Barack Obama’s father was a citizen of Kenya and a British citizen.  “natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution” was explicitly written to deal with the issue of foreign allegiances at the time of the writing of the US Constitution.

3. Barack Obama’s citizenship and allegiance was further tainted when he was adopted by his stepfather Lolo Soetoro and Obama became an Indonesian citizen.

4. Some combination of the above allowed Obama to travel to Pakistan in 1981 when travel there was restricted to US citizens.

5. The only document presented by the Obama camp is a Hawaii COLB. There has been no substantiation that it is authentic and it does not establish country of birth. As Lou Dobbs stated, “It is a piece of paper that refers to another piece of paper.”

6. All other documentation, all school records, that would establish country of birth have been kept hidden and restricted.

7. No authentic documentation has been presented to establish that Barack Obama was born in the US.

8. The records of all hospitals in Hawaii have been searched. There is no record of Stanley Ann Obama ever having given birth to a child.

9. Barack Obama’s paternal grandmother in Kenya has stated on multiple occasions that she was present at Obama’s birth in Mombasa.

10. Others have stated, including multiple family members, officials and press, that Obama was born in Kenya.

This has been presented in a manner that a fifth grader can understand. However, if you have any questions, please contact me on this blog.

Failure to learn more about and understand this critical issue and take appropriate measures can only be construed as apathy,  ignorance or having an un American agenda. This includes the Mainstream Media and the Fox network.

This is not a fringe movement. It’s the Constitution, stupid.

Many of those alarmed by the constitutional crisis created by Barack Obama’s avoidance of proof of eligibilty are in the US Military. Some of those are high ranking officers. One of those is Charles Kerchner, lead plaintiff in Kerchner V Obama and Congress. Charles Kerchner is a retired US Navy Commander. Mr. Kerchner and his attorney, Mario Apuzzo, placed this ad in the Washington Times yesterday.

View larger and get a copy.

http://www.scribd.com/doc/23299370/

Read more:

http://puzo1.blogspot.com/2009/11/obamas-lack-of-eligibility-three.html

http://www.protectourliberty.org/