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/”
PHILADELPHIA, PA 19106-1790
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
Very truly yours,
Marcia M. Waldron, Clerk
By:
Tiffany Washington, Calendar Clerk-267-299-4905
Link to letter:
Citizen WElls 
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
####”
406 Comments
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