Category Archives: Attorneys

Rod Blagojevich trial, June 3, 2010, Chicago Illinois corruption, Obama role in rigging IL Health Board, Rezko Levine Blagojevich Obama, et al, Will justice prevail?, Will the MSM and Fox cover all corruption and Obama ties?

Rod Blagojevich trial, June 3, 2010, Chicago Illinois corruption

“So far, Blagojevich, reelected in 2006, is more deeply enmeshed in the scandal than
Obama, who’s not been implicated in any wrongdoing.

But all three operated in the murky world of Illinois Democratic politics, where
money, family relationships and long business associations provide the invisible
glue of the local political world.”
“Using Federal Election Commission and Illinois state records, The Times’ Dan Morain
compared donors on the FBI spreadsheet to Obama’s contributors. Guess what.

Sen. Obama received $222,000 during the same 2001-2004 period from Rezko-related
Blagojevich donors.”…April 7, 2008 article on LA Times blog, written by Andrew Malcolm, veteran foreign and national correspondent.

 

The rigging of the IL Health Planning Facilities Board is a major charge in the indictments of Rod Blagojevich, Tony Rezko, Stuart Levine, Robert Weinstein and others tied to Barack Obama.

Will the trial of Rod Blagojecvich expose Obama’s role in rigging the IL Board?

Will the MSM, including Fox, cover this story?

Rod Blagojevich Criminal Complaint, December 7, 2008.
“36. Levine’s criminal activities included his abuse of his position on the Planning
Board to enrich both himself and Friends of Blagojevich. The Planning Board was a
commission of the State of Illinois, established by statute, whose members were appointed
by the Governor of the State of Illinois. At the relevant time period, the Planning Board
consisted of nine individuals. State law required an entity seeking to build a hospital,
medical office building, or other medical facility in Illinois to obtain a permit, known as a
“Certificate of Need” (“CON”), from the Planning Board prior to beginning construction.
38. During his testimony, Levine described a plan to manipulate the Planning
Board to enrich himself and Friends of Blagojevich. The plan centered on an entity
commonly known as Mercy Hospital (“Mercy”) that was attempting to obtain a CON to build
a new hospital in Illinois. Levine knew the contractor hired to help build the hospital. In
approximately November 2003, on behalf of the contractor, Levine checked with Rezko to
determine whether Rezko wanted Mercy to obtain its CON. Rezko informed Levine that
Mercy was not going to receive its CON. According to Levine, he asked Rezko whether it
would matter to Rezko if Mercy’s construction contractor paid a bribe to Rezko and Levine
and, in addition, made a contribution to ROD BLAGOJEVICH. Levine testified that Rezko
indicated that such an arrangement would change his view on the Mercy CON.”
Rod Blagojevich Indictment, December 7, 2008.
“The Racketeering Conspiracy
4. From in or about 2002 to on or about December 9, 2008, in the Northern District of Illinois and elsewhere, ROD BLAGOJEVICH and
CHRISTOPHER KELLY,
defendants herein, together with Alonzo Monk, William F. Cellini, Sr., John
Harris, Robert Blagojevich, Antoin Rezko, and Stuart Levine, being persons
employed by and associated with an enterprise, namely the Blagojevich
Enterprise, which enterprise engaged in, and the activities of which affected,
interstate commerce, did conspire and agree, with each other and others known
and unknown to the Grand Jury, to conduct and participate, directly and
indirectly, in the conduct of the affairs of the Blagojevich Enterprise through a pattern of racketeering activity, as that term is defined in Title 18, United States Code, Sections 1961(1) and (5), consisting of:”

Stuart Levine Indictment May 9, 2005.
“Stuart Levine – 19 counts of mail fraud, 4 counts of wire fraud, 2 counts of misapplication of funds, 2 counts of money laundering and one count of extortion – a businessman whose interests included S.L. Investment Enterprises, L.P., and a former member of the Illinois Health Facilities Planning Board (Planning Board), a state commission appointed by the Governor that grants or denies a permit, known as a “Certificate of Need” (CON), to build hospitals, physician offices or other medical facilities statewide.”
Tony Rezko Indictment.
“b.
In or about the spring of 2004, REZKO and LEVINE agreed that LEVINE, whose term on the TRS Board was due to expire in May 2004, needed to be reappointed to the TRS Board and that additional TRS Board members needed to be appointed who would cooperate with REZKO and LEVINE. REZKO agreed to use his relationships and influence with high-ranking State of Illinois officials to facilitate these efforts.
c.
In or about early May 2004, REZKO instructed a State of Illinois employee responsible for facilitating appointments to state boards to move forward on LEVINE’s reappointment to the TRS Board, and represented that the reappointment had been approved by a high-ranking state official. The high-ranking state official subsequently directed that LEVINE be reappointed to the TRS Board. Also in or about May 2004, two new members were appointed to the TRS Board who voted with LEVINE on matters of interest to REZKO and LEVINE.
4. It was further part of the scheme that REZKO sought to influence certain State of Illinois officials, in order to ensure that LEVINE, and persons allied with REZKO and LEVINE, retained and obtained memberships on the TRS Board and the Planning Board that enabled REZKO and LEVINE to influence the actions of those boards for the benefit of REZKO, LEVINE, and their nominees and associates.”

Robert J Weinstein Indictment, June 2007.
“WEINSTEIN and Levine discussed Rezko’s influence over the Planning Board, including in a recorded conversation on April 21, 2004 in which they discussed Rezko’s involvement in the Planning Board and Levine explicitly advised WEINSTEIN of Rezko’s role in manipulating the Planning Board’s vote earlier that day on the CON application of Mercy Health System Corporation Hospital, as well as other Planning Board matters;”

These 2 statements, selected from the above, are important.

“At the relevant time period, the Planning Board consisted of nine individuals.”

“In or about the spring of 2004, REZKO and LEVINE agreed that LEVINE, whose term on the TRS Board was due to expire in May 2004, needed to be reappointed to the TRS Board and that additional TRS Board members needed to be appointed who would cooperate with REZKO and LEVINE.”

Citizen Wells blog, December 11, 2008.

Obama’s role in rigging the Health Planning Facilities Board
Evelyn Pringle, Obama Curtain Time 2
“Obama was chairman of the Senate Health & Human Services Committee in January 2003. A few articles in the media have mentioned that Obama sat on a committee that reviewed matters related to the Planning Board in conjunction with the Governor’s staff but none have discussed his integral part in getting the bill passed.
A review of senate records from January 2003 to August 2003, shows Obama played a major role as chairman of that committee, in pushing through Senate Bill 1332, that led to the “Illinois Health Facilities Planning Act,” which reduced the number of members on the Board from 15 to 9, making the votes much easier to rig.
Democratic Senator Susan Garrett sponsored the bill in the senate, and the chief co-sponsor was Republican Senator Dale Righter. These two senators were also on the Human Services Committee with Obama.
The bill was filed with the senate secretary on February 20, 2003, and assigned to Human Services Committee for review on February 27. Less than a month later, as chairman, Obama sent word that the bill should be passed on March 13, 2003.
On May 31, 2003, the House and Senate passed the bill and the only senator listed in the “yes” votes mentioned in the Board Games indictments is Obama.
Blagojevich made the effective date June 27, 2003, and the co-schemers already had the people lined up to stack the Board and rig the votes with full approval from Obama.”

Read more

Barack Obama, Chairman of IL Health Services committee.

 
 

More details about the depth of corruption in Chicago and Obama’s ties.

 

“Levine said he met increasingly with Rezko in early 2003 after Blagojevich was sworn in as governor. On occasion, Levine said, Rezko described his close relationship with Blagojevich.
“He said that he had raised a great deal of money for Gov. Blagojevich and that he had great hopes and expectations that Gov. Blagojevich would run for president,” Levine recalled. “And although he knew it was a long shot, he was working toward that end.”
Levine also said that Rezko told him that he and fellow Blagojevich fundraiser Christopher Kelly “exercised the most influence” in Blagojevich’s kitchen cabinet. And Levine said Rezko told him that “all the major decisions in the governor’s office were cleared through [chief of staff] Lon Monk and through Mr. Rezko.”
“Mr. Rezko told me that he was able to have individuals appointed to state boards and was able to have individuals hired into state agencies and that he spoke very often — and in fact went over decisions — that Lon Monk would put into place,” Levine said.
In summer 2003, Levine said he met with Rezko at his office on Elston Avenue and the two talked over the notion of Levine’s position on a state pension board to make money for themselves.
“Anything that I, Mr. Rezko, decide to do at TRS [the pension board], you’ll be a part of it,” Levine said Rezko told him.
Levine said Rezko made it clear that Levine’s assistance was required, and “any moneys that would be earned in doing that he would share with me.”
Levine said that as he left the meeting, he told Rezko he was “extraordinarily pleased to know him and I thought we could do a lot of business together.”
Asked by a prosecutor to elaborate, Levine said, “I meant there were illegal deals that I could bring to TRS and perhaps to the Illinois Health Facilities Planning Board,” on which Levine also served.”

“In the media, Obama always made it sound like he rarely saw Rezko, saying they met for breakfast or lunch once or twice a year. However, the FBI mole John Thomas helped investigators “build a record of repeat visits to the old offices of Rezko and former business partner Daniel Mahru’s Rezmar Corp., at 853 N. Elston, by Blagojevich and Obama during 2004 and 2005,“ according to the February 10, 2008 Sun-Times.

During his March 14, 2008 interview, the Times told Obama, Thomas is an FBI mole and he “recently told us that he saw you coming and going from Rezko’s office a lot.”

“And three other sources told us that you and Rezko spoke on the phone daily.””

 

Read more

Despite attempts from Blagojevich’s attorneys to delay the trial, it is still scheduled for June 3, 2010. Let’s make sure that the American public is informed about the scope of corruption in Chicago and Illinois and the involvement of both Blagojevich and Obama.

Health Care Bill religious exemptions, Muslims, Amish, US Constitution, Lawsuits

Health Care Bill religious exemptions, Muslims

I am still trying to get answers on religious exemptions to participation in the so called Health Care Bill. I have been getting feedback that various religious groups getting preferential treatment may be the basis for some of the lawsuits.  The American Thinker site posed this question regarding Muslims several days ago.

“Amish, Muslims to be excused from Obamacare mandate?”

“Apparently, this exemption will apply similarly to believers in Islam, which considers health insurance – and, for that matter, any form of risk insurance – to be haraam (forbidden).

Steve Gilbert of Sweetness & Light calls our attention to the probability that Muslims will also be expempt. According to a March 23 publication on an authoritative Islamic Web site managed by Sheikh Muhammed Salih Al-Munajjid, various fatwas (religious decrees) absolutely forbid Muslim participation in any sort of health care or other risk insurance:
Health insurance is haraam like other types of commercial insurance, because it is based on ambiguity, gambling and riba (usury). This is what is stated in fatwas by the senior scholars.

In Fataawa al-Lajnah al-Daa’imah (15/277) there is a quotation of a statement of the Council of Senior Scholars concerning the prohibition on insurance and why it is haraam:

It says in Fataawa al-Lajnah al-Daa’imah (15/251):
Firstly: Commercial insurance of all types is haraam because it involves ambiguity, riba, uncertainty, gambling and consuming people’s wealth unlawfully, and other shar’i

Secondly: It is not permissible for the Muslim to get involved with insurance companies by working in administration or otherwise, because working in them comes under the heading of cooperating in sin and transgression, and Allaah forbids that as He says: “but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment”

[al-Maa’idah 5:2]. End quote.

reservations.
And Allaah knows best.
So, it turns out that observant Muslims are not only strictly forbidden from buying any health insurance under the ObamaCare mandate, but may also not even work for any company that provides such insurance or any other form of commercial insurance.”

Read more:

http://www.americanthinker.com/blog/2010/03/amish_muslims_to_be_excused_fr.html

Health Care Bill unconstitutional, Constitutional expert speaks out, Michael Connelly, Obama Administration power grab, Congress no authority, US Constitution

Health Care Bill unconstitutional, Constitutional expert speaks out

Michael Connelly is a constitutional expert.

“The first thing to go will be the masterfully crafted balance of power between
the Executive, Legislative, and Judicial branches of the U.S. Government. The
Congress will be transferring to the Obama Administration authority in a number
of different areas over the lives of the American people, and the businesses
they own.
The irony is that the Congress doesn’t have any authority to legislate in most
of those areas to begin with! I defy anyone to read the text of the U.S.
Constitution and find any authority granted to the members of Congress to
regulate health care.
This legislation also provides for access, by the appointees of the Obama
administration, to all of your personal healthcare information, your personal
financial information, and the information of your employer, physician, and
hospital. All of this is a direct violation to protection against unreasonable
searches and seizures. A direct violation of the specific provisions of the 4th
Amendment to the Constitution. You can also forget about the right to privacy.
That will have been legislated into oblivion regardless of what the 3rd and 4th
Amendments may provide.”
Constitutional attorney Michael Connelly

Health Care Bill Amish exemption, Religious exemption, Tax and control bill unconstitutional, Section 1501, Mennonite and Amish health care sharing plans, Let us pray

Health Care Bill Amish exemption, Religious exemption

The tax and control bill referred to as the Health Care Bill by Obama and the Democrat Congress, is clearly unconstutional on many levels. For some reason the word treason also comes to mind.

Reported here, March 25, 2010.

“Well, I have done it! I have read the entire text of: The Affordable Health Care
Choices Act of 2009. I studied it with particular emphasis from my area of
expertise, constitutional law. I was frankly concerned that parts of the
proposed law that were being discussed might be unconstitutional. What I found
was far worse than what I had heard or expected.
To begin with, much of what has been said about the law and its implications is
in fact true, despite what the Democrats and the media are saying. The law does
provide for rationing of health care, particularly where senior citizens and
other classes of citizens are involved, free health care for illegal immigrants,
free abortion services, and probably forced participation in abortions by
members of the medical profession.
The Bill will also eventually force private insurance companies out of business,
and put everyone into a government run system. All decisions about personal
health care will ultimately be made by federal bureaucrats, and most of them
will not be health care professionals. Hospital admissions, payments to
physicians, and allocations of necessary medical devices will be strictly
controlled by the government.
However, as scary as all of that is, it just scratches the surface. In fact, I
have concluded that this legislation really has no intention of providing
affordable health care choices. Instead it is a convenient cover for the most
massive transfer of power to the Executive Branch of government that has ever
occurred, or even been contemplated. If this law or a similar one is adopted,
major portions of the Constitution of the United States will effectively have
been destroyed.”
Constitutional attorney analysis of Health Care Bill

Will the Amish and other religious sects be exempt from this bill?

Michelle Malkin reported the following on Hanuary 12, 2010.

“There’s a religious exemption from the Demcare insurance mandate”

“I think there’s going to be a wave of religious conversions this year. The Watertown Daily News reported this weekend that Amish families can claim an exemption from the Demcare’s planned government health care insurance mandate as a matter of faith:
Federal health care reform will require most Northern New Yorkers — but not all, it turns out — to carry health insurance or risk a fine.
Hundreds of Amish families in the region are likely to be free from that requirement.
The Amish, as well as some other religious sects, are covered by a “religious conscience” exemption, which allows people with religious objections to insurance to opt out of the mandate. It is in both the House and Senate versions of the bill, making its appearance in the final version routine unless there are last-minute objections.
Although the Amish consist of several branches, some more conservative than others, they generally rely upon a community ethic that disdains government assistance. Families rely upon one another, and communities pitch in to help neighbors pay health care expenses.
…Lawmakers reportedly included the provision at the urging of Amish constituents, although the legislation does not specify that community and the provision could apply to other groups as well, including Old Order Mennonites and perhaps Christian Scientists.”

Read more:

http://michellemalkin.com/2010/01/12/theres-a-religious-exemption-from-the-demcare-insurance-mandate/

From Get Religion March 24, 2010.

“Religious exemption in health care reform?”

“The Goshen News starts with a straightforward headline, “Health care reform and the Amish: What will it all mean?” and a lede that made me cringe:
With his long gray beard, plain clothes and lack of electricity, David Yoder of rural Middlebury hardly seems like someone who would know much about government issues.
But the rest of the article delivers, answering questions that other newspapers have left dangling out there. Turns out the House’s bill had a religious conscience clause that may exempt most Amish families. But that may not extend to younger Amish who have yet to officially join the church and likely wouldn’t exempt Amish-owned businesses.
Here’s what Third District Congressman Mark Souder told the paper’s Gary Kauffman:
Souder says there probably will be no compelling reason to give Amish business owners an exemption simply based on their faith.
“There probably will not be a way to exempt them any more than we can exempt Mennonites or others,” he said.
Souder said the Amish, along with other conservative groups, like Orthodox Jews, have been a topic of discussion already.
“The fundamental question is, ‘Is religious freedom trumped by a public health care program?’” he said. “There will be a religious liberty fight, but the Amish likely will be part of a bigger category than just themselves.””

Read more:

http://www.getreligion.org/?p=29649

From a comment recently posted there.

“12. Amish says:
March 26, 2010, at 1:05 am
Section 1501 is the correct section for Religious Exemptions. I work for one of the Old Order Mennonite / Amish health care sharing plans and we are a 501 (c) 12. Not a 501 (c) 3. We chose the c 12 over the c 3 designation because we don’t function as a charity and it would be dishonest to say we are a charity when we are not. We are a cooperative and cooperate among ourselves to meet our health care expenses. Many of the health care sharing plans are not registered with the IRS at all or are 501 (c) 12’s. Writing the law to allow only 501 (c) 3’s a religious exemption is in fact not allowing the Amish and Old Order Mennonites any exemption at all.”

I will continue to seek clarification on the religious exemption. If you have any knowledge on this subject, a response is appreciated.

Brethren, let us pray.

GOP Forces New House Vote on Health Care Bill, March 25, 2010, Republican challenges, Senate parliamentarian, Reconciliation rules

GOP Forces New House Vote on Health Care Bill, March 25, 2010

From Fox News, March 25, 2010.

“GOP Forces New House Vote on Health Care Bill”

“The follow-up health care bill being considered by the Senate will have to return to the House for final congressional approval, after the Senate parliamentarian determined that two Republican challenges will succeed in stripping out language in the package.

Altering the bill in any way means it has to return to the House side, which first approved the package of changes Sunday, since both chambers must pass identical versions.

Democrats don’t appear worried. Jim Manley, spokesman for Senate Majority Leader Harry Reid, said the House could easily approve the expected changes. The Senate is expected to complete work on the bill Thursday afternoon, and the House could take it up again the same day — or push it off until Friday.

The package of changes, which is being considered under “reconciliation” rules allowing the Senate to approve it with just 51 votes, is the final piece of the legislative puzzle to the health care reform package signed into law Tuesday. Health care reform is officially enacted, but House Democrats wanted the package of fixes to change the way it’s financed and address other concerns.

The glitches have to do with Pell grants for low-income students.

A senior Senate Republican leadership aide told Fox News that Democrats had tried to improve the cost of the bill while simultaneously piling on Pell grants “without mandating the spending.” The aide said Democrats claimed the grants would increase, but were relying on a “future Congress” to find the funding.

“They can’t do that,” the aide said. “This was one of 100 gimmicks used to keep the score down.”

Republicans have been hunting for such violations in hopes of bringing down the legislation. Democrats had also been consulting with the parliamentarian, Alan Frumin, and hoped they had written a measure that would not be vulnerable to such problems.

The two provisions are expected to be formally removed from the bill on Thursday. Both chambers are hoping to begin a spring recess by this weekend.

The president, who signed the landmark legislation into law on Tuesday, was flying to Iowa later in the day for the first of many appearances he will make around the country before the fall congressional elections to sell his health care revamp.

Obama was appearing in Iowa City, where as a presidential candidate in 2007 he touted his ideas for health coverage for all. His trip comes with polls showing people are divided over the new health law, and Democratic lawmakers from competitive districts hoping he can convince more voters by November that it was the right move.

Besides reshaping parts of the landmark health overhaul, the legislation transforms the federal student loan program — in which private banks distribute the money — into one in which the government issues the loans directly. That produces some federal savings, which the bill uses in part to increase Pell grants to needy students.

The latest development came as the Senate completed nine hours of uninterrupted voting on 29 GOP amendments to the legislation. Majority Democrats defeated every amendment.”

Read more:

http://www.foxnews.com/politics/2010/03/25/senate-return-health-house/

Health Care Bill unconstitutional, Executive branch power grab, Constitutional law attorney, Michael Connelly, Health care rationing, Free health care for illegal immigrants, Transfer of power to the Executive Branch

Health Care Bill unconstitutional, Executive branch power grab.

As many of us know, the tax and control bill, referred to by the Democrat Congress as the Health Care Bill, is unconstitutional. But even scarier than that, it is a massive effort to transfer more power to the Executive Branch of Government.

Michael Connelly is a retired attorney and constitutional law expert. From his site:

“Well, I have some bad news for all of the socialists, or progressives, or whatever you choose to call yourselves this week, you have made a huge mistake. Following the attack on Pearl Harbor on December 7, 1941, Japanese Admiral Yamamoto who led the attack said that: “I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.” I suggest to President Obama, Nancy Pelosi, and Harry Reid that you have awakened the giant again and that this giant, made up of freedom loving Americans, is going to be coming at you from every direction you can imagine.

Individuals and State Governments will be challenging you in the courts, and Americans will take you on in the polling places. In every city, town and village you will hear the voices of angry Americans and despite your best efforts we will not be silenced. You will hear the outcry of Americans of every race, religion, and creed and we will prevail.

To my fellow freedom loving Americans I say this: I am nothing special, just a retired attorney and U.S. Army veteran who loves my country. Yet, my family has fought in every war that has America has engaged in since my ancestors first joined North Carolina and Virginia Cavalry Regiments during the Revolution. Now I have two sons fighting for our nation in the military. I will not allow their fight to have been in vain.

Help in any way you can, though letters to your local newspapers, financial support for groups filing lawsuits, or simply with your prayers for our country. We all must make our voices heard and do what is necessary to save our nation. Never despair and never surrender. For if freedom in America dies, then it dies in the rest of the world. God Bless America!”

Read more:

http://michaelconnelly.viviti.com/

Mr. Connelly has read the entire bill.

“Well, I have done it! I have read the entire text of: The Affordable Health Care”

“Well, I have done it! I have read the entire text of: The Affordable Health Care
Choices Act of 2009. I studied it with particular emphasis from my area of
expertise, constitutional law. I was frankly concerned that parts of the
proposed law that were being discussed might be unconstitutional. What I found
was far worse than what I had heard or expected.
To begin with, much of what has been said about the law and its implications is
in fact true, despite what the Democrats and the media are saying. The law does
provide for rationing of health care, particularly where senior citizens and
other classes of citizens are involved, free health care for illegal immigrants,
free abortion services, and probably forced participation in abortions by
members of the medical profession.
The Bill will also eventually force private insurance companies out of business,
and put everyone into a government run system. All decisions about personal
health care will ultimately be made by federal bureaucrats, and most of them
will not be health care professionals. Hospital admissions, payments to
physicians, and allocations of necessary medical devices will be strictly
controlled by the government.
However, as scary as all of that is, it just scratches the surface. In fact, I
have concluded that this legislation really has no intention of providing
affordable health care choices. Instead it is a convenient cover for the most
massive transfer of power to the Executive Branch of government that has ever
occurred, or even been contemplated. If this law or a similar one is adopted,
major portions of the Constitution of the United States will effectively have
been destroyed.
The first thing to go will be the masterfully crafted balance of power between
the Executive, Legislative, and Judicial branches of the U.S. Government. The
Congress will be transferring to the Obama Administration authority in a number
of different areas over the lives of the American people, and the businesses
they own.
The irony is that the Congress doesn’t have any authority to legislate in most
of those areas to begin with! I defy anyone to read the text of the U.S.
Constitution and find any authority granted to the members of Congress to
regulate health care..
This legislation also provides for access, by the appointees of the Obama
administration, to all of your personal healthcare information, your personal
financial information, and the information of your employer, physician, and
hospital. All of this is a direct violation to protection against unreasonable
searches and seizures. A direct violation of the specific provisions of the 4th
Amendment to the Constitution. You can also forget about the right to privacy.
That will have been legislated into oblivion regardless of what the 3rd and 4th
Amendments may provide.”

Read more:

http://randysright.wordpress.com/2010/03/24/well-i-have-done-it-i-have-read-the-entire-text-of-the-affordable-health-care/

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:
—————————————-
“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.”
—————————————–

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
####”

Kerchner v Obama, Update, March 23, 2010, Appeal Reply Brief and Request for Oral Argument, Charles Kerchner, Attorney Mario Apuzzo

Kerchner v Obama, Update, March 23, 2010

I received this a few hours ago from Charles Kerchner, lead plantiff in Kerchner v Obama and Congress.

“Kerchner v Obama Appeal Reply Brief and Oral Argument Request Filed
I have completed filing the Kerchner Reply Brief and Request for Oral Argument. These documents may be accessed at the indicated links. All parties have completed filing all briefs and now we just need a decision from the Court. We will now wait and see if the Third Circuit Court of Appeals grants my request for oral argument and if so when the oral argument will be. If oral argument is granted, it will take place at the United States Court of Appeals Third Circuit, U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania. The courthouse is located right across the street from Independence Hall and the Liberty Bell.
I want to thank all of my supporters on this blog and all those who visit here to find out what is going on with the Obama eligibility issue.
I will be posting more essays on natural law, the law of nations, Emer de Vattel, the Founders and Framers, the Courts, and the meaning of the “natural born Citizen” clause.
Kerchner v Obama Appeal Reply Brief: http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Appeal-Appellant-s-Reply-Brief-22-Mar-2010
Request for Oral Argument: http://www.scribd.com/doc/28781505/Kerchner-v-Obama-Appeal-Request-for-Oral-Argument
Mario Apuzzo, Esq.
March 23, 2010
http://puzo1.blogspot.com

Florida Attorney General, Health care bill unconstitutional, State attorney generals, Lawsuits, State sovereignty, Congress no authority to mandate health insurance

 “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

The tax and control bill being forced down our throats is most certainly not health care reform and most assuredly unconstitutional. Here are some exerpts from a letter written by Florida Attorney General, Bill McCollum, on March 16, 2010.
“As you know, President Obama has announced that he will push forward with health care legislation that includes a living tax on Americans who choose not to purchase health care insurance. Congress may take actiopn as soon as this week to send a bill to the President. After a thorough analysis of the individual mandate to buy health care insurance, I reman convinced it would be unconstitutional if signed into law.”

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-83LJ2W/$file/AGHealthCare.pdf

The Post & Email has an article on this from March 21, 2010.

“Florida Attorney General promises lawsuit against unconstitutional health care bill”
“Florida Attorney General Bill McCollum has written a letter to Jon Bruning, President of the National Association of Attorneys General, inviting him to “join me in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.”  The letter was sent March 16, 2010 and includes an analysis of what McCollum perceives as unconstitutional provisions of the bill being contemplated by Congress.
Among his many objections to the bill, McCollum cites:  “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.”  The closing paragraph of the six-page document states, “While affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”
According to his website, McCollum has also called for a group of state agencies to analyze the financial impact of any federal health care legislation on his state.  Participating would be the Office of Insurance Regulation, the Department of Children and Families, and the Department of Health, among others.
McCollum is a candidate for governor of Florida.  He has stated that the Florida Constitution has a provision which guarantees “the right to be let alone and free from governmental intrusion into [their] private life.”
On Thursday, March 18, South Carolina Attorney General Henry McMaster announced that he would join McCollum in legal action if federal health care legislation is passed.  McMaster reportedly said, “”It is my belief and that of other attorneys general that this is clearly unconstitutional. That’s why we’re moving forward. We need to protect the sovereignty of our states and the liberty of our people.””

 Read more:

http://www.thepostemail.com/2010/03/21/florida-attorney-general-promises-lawsuit-against-unconstitutional-health-care-bill/

Obama Pelosi Reid removal from office, Phase 4, Let the lawsuits begin, Let the state challenges begin, Remove the asses in November 2010, Let not your heart be troubled

Obama Pelosi Reid removal from office, Phase 4, Let the lawsuits begin

“Let not your heart be troubled”…John 14:1

Obama, Nancy Pelosi and Harry Reid have referred to this tax and control bill as historic. Indeed it is. It marks the most corrupt congress and white house administration in US history. It also will define the Obama administration and this Democrat controlled congress.
In phase 1, informed Americans tried to prevent an illegal takeover of the US government by the Obama camp.
In phase 2, more and more Americans learned the truth about Obama. This includes Democrats, Independents and even a few in the MSM, perhaps now even including Jack Cafferty.
We are in the midst of phase 3, the corrupt attempts to pass this tax and control Health Care Bill against the will of the governed. At best, this will allegedly begin covering some Americans in approx. 4 years after taxing us to death and ruining the economy even more.
Phase 4 begins tomorrow after the probable chicanery passes tonight. Do not worry. This will become a rallying cry. Like the shot heard round the world in the American Revolution. This will consist of numerous court and state challenges as well as futher preparation to vote the asses out in November. Remember, these fools have helped us in a way. They have placed a large red target on their backs.
Phase 5 will of course be the removal of these arrogant, corrupt politicians. That will include the removal of Harry Reid, Nancy Pelosi being removed as Speaker of the House and either impeachment proceedings against Obama or minimally his political demise by 2012.

Freedom of Choice in Health Care Act

 

Source: American Legislative Exchange Council