Category Archives: Commander in Chief

Judge David O carter, Obama not president, January 20, 2009, US Constitution, 20th Amendment, Joe Biden president, Obama not qualified, Chief Justice, John Roberts, US Supreme Court, Oath of office

Posted on October 29, 2009 | 189 comments

To:

Judge David O. Carter

All judges, congressmen, state election officials

and citizens of the United States

From:

Citizen Wells

On January 19, 2009 I posted the following article regarding the constitutional requirements to be sworn in as President of the United states, POTUS. There is much confusion about this among citizens, congressmen and most scarily, judges. The key phrase below is:

This comes direct 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;”

Here is the complete article. Read it carefully.

 

US Supreme Court
Chief Justice

John Roberts

and

President Elect

Barack Obama

 

According to the US Constitution, the supreme law of the
land, Barack Obama will not be President of the United
States at 12:00 noon on January 20, 2009. No Chief
Justice administering the oath of office, no oath sworn
by a “president elect” makes one president. There are 3
mandatory requirements to achieve a legal inauguration.

  • A qualified president elect.
  • Sufficient votes by the Electoral College.
  • Certification and count of Electoral College votes by
    Congress.

 

At noon on January 20, 2009, Joe Biden will be president
until a president shall be deemed qualified. This comes
direct 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;”

Further reading of the 20th Amendment reveals that Congress
may also determine if the vice-president is qualified. This
is part of the scenario of a constitutional crisis that
Philip J Berg and others have warned of. The language of
the 25th amendment includes options that may further heighten
the crisis level.

Amendment XX

Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, 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; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President,
or the manner in which one who is to act shall be selected, and
such person shall act accordingly until a President or Vice
President shall have qualified.

 

Amendment XXV

Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.

 

https://citizenwells.wordpress.com/2009/01/19/obama-not-president-january-20-2009-us-constitution-20th-amendment-joe-biden-president-obama-not-qualified-chief-justice-john-roberts-us-supreme-court-oath-of-office/

189 Comments

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Judge David O Carter, Orly Taitz, Captain Pamela Barnett V Barack Obama , Update, October 29, 2009, Dismissed, Judge Carter a coward?, Obama not natural born citizen, Citizen Wells challenge to Judge Carter

Posted on October 29, 2009 | 97 comments

I recently called Bill O’Reilly of Fox a Coward for his remarks about Orly Taitz. I called O’Reilly a coward for the manner in which he made his statements, for his lack of knowledge about the eligibility issues and for not covering the eligibility issues surrounding Obama.

Ex Marine or no ex Marine, Judge David O. Carter, is there any reason I should not refer to you as a coward for taking the easy way out and with using flawed logic and understanding of the US Constitution to join the ranks of those giving the usurper Barack Obama a free ride.

Today, october 29, 2009, Judge David O. Carter dismissed the case brought against Obama by Captain Pamela Barnett, et al. The lawsuit alleges that Obama is not a natural born citizen.

There is a preponderance of evidence that Obama is not a natural born citizen, from his father being Kenyan and a British citizen, to absolutely no evidence that Obama was born in Hawaii.

Here is the crux of Judge Carter’s decision:
“Interpreting the Constitution is a serious and crucial task with which the federal courts of this nation have been entrusted under Article III. However, that very same Constitution puts limits on the reach of the federal courts. One of those limits is that the Constitution defines processes through which the President can be removed from office. The Constitution does not include a role for the Court in that process. Plaintiffs have encouraged the Court to ignore these mandates of the Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by We the People‚ sixty-nine million of the people. Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism. Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.”

Read ruling:

http://www.scribd.com/doc/21808122/Judge-Carter-Ruling-on-MTD?autodown=txt
I posted the following on this blog earlier:
“There is at least one critical flaw in Judge Carter’s logic and ruling.

“One of those limits is that the Constitution defines processes through which the President can be
removed from office. The Constitution does not include a role for the Court in that process.”

The statement above is true.
However, only as it applies to the POTUS.
And, to be POTUS, one has to be eligible.
Winning the popular vote.
Winning the electoral college vote.
Getting the approval of Congress.
Being sworn in by a Supreme Court justice.
None of the above alone makes one POTUS.
First and foremost, one must be constitutionally eligible.
Therefore, Carter’s rational is incorrect.
Obama, as an illegal usurper, traitor and possible illegal alien
can be removed and arrested.”

Judge Carter is wrong. He could issue an order today for discovery to ascertain whether or not Obama is a usurper. Upon finding Obama ineligible, Judge Carter could issue an order for Obama’s arrest.

Judge Carter, are you a coward?

Is there some other excuse?

You might respond with “State election officials or party officials could have vetted Obama.”

They did not. That is why we have a system of checks and balances.

You might ask, “Who are you to question a judge?”

Answer:

A natural born citizen of the US.

An expert by training and many years of practice in logic.

I have prepared a motion, filed the motion, opposed an attorney and won.

Besides that, this is not rocket science.

Obama is not POTUS.

No tradition,

No ceremony,

No magic incantation,

Changes that.

Judge David O. Carter, you have the power and the constitutional obligation to ascertain if Obama is eligible.

If not eligible, you have the power and obligation to remove him.

Citizen Wells

97 Comments

Posted in Announcements, Attorneys, Barack Obama, Barry Soetoro, Bill O'Reilly, Bill of Rights, Birth Certificate, California, Citizens for the truth about Obama, Civil Complaint, COLB, Commander in Chief, Congress, constitution, Constitution Hall of Shame, DC, Democrats, District Court, Dr. Orly Taitz, Election, Election 2008, Election Law, Electors, Federal Court, First Amendment, Government, indictment, Indonesia, John Bingham, Judges, Judicial misconduct, Justice, Kenya, Law firms, Lawyers, Lies, Motion, Natural born citizen, News, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Senator Obama, Standing, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US District Court, US Military, Usurper, voters, Washington DC

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Bill O’Reilly, Orly Taitz, Fox, Obama, Judge Land, Case Frivolous, Taitz fined $ 20,000, Lis Wiel, Kimberly Guilfoil, O’Reilly Factor, NO spin?, O’Reilly shooting messenger, O’Reilly coward, Obama not natural born citizen, Citizen Wells challenge

Posted on October 28, 2009 | 162 comments

“Pride goes before destruction, a haughty spirit before a fall.”…Proverbs 16:18

 “There is an epidemic of shooting the messenger in this country.”…Citizen Wells

Bill O’Reilly, who has a sinecure, maligned Orly Taitz and anyone questioning the eligibility of Barack Obama last night, October 27, 2009, on his Fox TV show.

O’Reilly is well known for being a pompous ass.

Last night, Bill O’Reilly was a coward.

Neither O’Reilly or his female fawners, who agreed the case was frivolous and that Orly Taitz deserved what she got, have done sufficient research to make an intelligent, informed comment on the subject.
I criticize Bill O’Reilly for pontificating on a subject that he knows little about.

I also criticize O’Reilly for shooting the messenger.

Orly Taitz, Philip Berg, Leo Donofrio, Mario Apuzzo, concerned active and retired military, myself, commenters on this blog and millions of concerned Americans are not the guilty party in this matter. Barack Obama is guilty.

Barack Obama

  • His father was Kenyan and a British Citizen.
  • Obama has not provided a long form birth certificate.
  • Obama has spent hundreds of thousands of someone’s money to fight proving eligibility.
  • Obama has consistently lied to the American people.
  • Obama is entangled in Chicago and IL corruption and should be indicted.
  • Obama’s further control of federal prosecutor Patrick Fitzgerald should alarm everyone.

So, Bill O’Reilly, quit shooting the messenger and do your damn job. After all, the Obama administration continues to shoot Glenn Beck and Sean Hannity.

 
O’Reilly, you coward, try picking on me. I am a natural born citizen of the US, close to your age, male, with a strong business background. I have thoroughly researched Obama’s background and eligibility issues and written about it. I am not receiving a large salary for doing this. I simply care about this country.

I hereby challenge Bill O’Reilly to a battle of facts.

I will, of course, be attacking an unarmed opponent.

Bill O’Reilly, please explain why concerned Americans should not boycott your show.

 

And now for the response from Captain Pamela Barnett, a lead plaintiff in one of Taitz’ cases:


“(Oct. 28, 2009) —  She was a captain in the U.S. Army, assigned to Military Intelligence; but now retired she’s fighting a war on two fronts.

Captain Pamela Barnett is lead plaintiff in a case that could lead to the removal and life-time imprisonment of Barack Hussein Obama on charges of high-crimes, election fraud, campaign fraud, and a laundry list of campaign financing violations.

But Captain Barnett is not shirking her duty to defend her fellow Plaintiffs in the case: no, she is rebutting the lies and falsehoods promoted by the widely followed, but often errant and politically correct, Bill O’Reilly of Fox News.”

“From Captain Pamela Barnett to Bill O’Reilly – October 28, 2009

I challenge you Mr. O’Reilly to interview me..

I am Captain Pamela Barnett U.S. Army Retired of Barnett v. Barack Obama.

I am sick and tired of you defaming our lawsuit and our attorney against the Resident in the Whitehouse Obama. 48 plaintiffs mostly military retired have brought this lawsuit to force the production of Obama’s vital records to determine if he is in fact a NATURAL BORN CITIZEN which is one of the requirements to be a legal POTUS and NOT an illegal USURPER. There is also a huge amount of information regarding fraud that Obama committed before being illegally sworn in as POTUS.

IF YOU CARE ABOUT THE TRUTH AT ALL.. YOU WILL CALL ME…

FROM WHAT I CAN SEE OF YOUR SHOW, THE TRUTH DOES NOT SEEM TO MATTER TO YOU OR THE REST OF THE SHILLS AT FOX. I KNOW THAT YOU ARE ONLY A COMMENTATOR, BUT AT LEAST GET YOUR FACTS STRAIGHT BEFORE HURTING OUR CASE AND PROPAGATING LIES TO THE AMERICAN PEOPLE.

Sincerely,

CPT Pamela Barnett, U.S.Army Retired”

Read more:

http://thepostnemail.wordpress.com/2009/10/28/captain-pamela-barnett-issues-challenge-to-bill-oreilly/

Some of the initial comments on the Citizen Wells blog after O’Reilly’s remarks:
“How are these people like Lis, Bill, and Kimberly, on Fox, going to explain themselves to the public after Kerchner gets Obama thrown to the curb.
After hearing those idiots say Obama is legitimate I hope Obama is removed from office just so I can see the expressions on their faces, it will be priceless.”

bob strauss

“OWrongly just made me throw up a little in my mouth. How ignorant can he be? And that blond dimwit. It’s been repeatedly proved Obotomy was born in Hawaii? Looked into by Congress? WHAT???? And then they don’t even know what Natural Born even means? I don’t know why anyone watches that show.”

Paulajal

“O’Reilly sucks!”

zachjonesishome

“O’reilly sucks and double sucks!!
I stopped watching long time ago when he talked down to his audience and being an ex-teacher, as my daddy would say, ‘that don’t set right with me’.”

JJ

“O’Reilly has gotten way to big for his britches. That “nose up in the air” arrogance sickens me and reminds me of someone else we all know.”

Teedee

“Observer, Bill Oreally, Lis Wiel, and Kimberly Guilfoil, all agreed the case was frivolous, she brought the same case to the same court twice, and she got what she deserved. That is about what it boiled down to.”

bob strauss

“Yepppers,…. I have been losing my respect for o’reilly,……. this really nailed it shut. I have sent him emails telling him to find out the truth,…. but, it seems that he wants to remain ignorant on the facts of obamas birth. I will email him again and tell him he needs to change the name of his show. NO – SPIN…… what a joke.”

joyceaz

“Watched O’Reilly’s comments on Orly, I have been studying on this ever since. The comments were not fair or balanced. NOW Orly or one of her reps. should contact the No Spine Zone and have the opportunity to defend herself with the truth! The Big Leprachan is a know it all”

carmen

“joyceaz, Bill needs to change the name of his show to “The Spin Zone”.”

bob strauss

“After the 3 against 1 on O’Reilly I believe she should be on this week!”

carmen

“OK – O’Reilly was the show that started my turn from uninformed democrat to a strong conservative and for about the last year – I can hardly stand him. Now – he is dead to me. YKWIM

Thanks Venice and SueK for the welcome.”

DenisetheMenace

“Did anyone really expect anything different from O’Reilly?”

SueK

“Observer, Bill Oreally, Lis Wiel, and Kimberly Guilfoil, all agreed the case was frivolous, she brought the same case to the same court twice, and she got what she deserved. That is about what it boiled down to.

Thanks Bob. So it came down to an “O’Bloviate” segment only. Figures. He loves macho soundbites – but he’s definitely been looking old lately plus losing the hair more and more. They should give Beck his slot and put Lou Dobbs in Beck’s. None of them want to commit to the eligibility question though because they just don’t know Constitutional law or care and want to wait ’til the patriots get all bloodied up – then report it later and take the credit.”

Observer

“They have something on O’Reilly. There are too many reaasons why Obama’s COLB is suspect for him not to elaborate at all. They have something on him.”

Paxson

Additional comments from American citizens who are far more informed than O’Reilly:

“Obama law tab up to $1.7 million

‘Grassroots army’ contributions used to crush eligibility lawsuits?

http://www.wnd.com/index.php?fa=PAGE.view&pageId=114202”
Danny

“He’s full of it because those records were sealed shortly after Barky went to visit the dying Gramma Dunham. Does he really want us to believe that the State of Hawaii gave HIM the birth certificate?

He thinks we’re stupid; he has another thing coming.

Ratings or blackmail…take your pick. I’ll bet you a donut that he won’t consent to having Orly on to rebut his garbage.

Smug bastid.”
SueK

“His eyes go cross eyed when he even has the balls to bring this up. He says that he vetted it, but won’t publicly go into how he vetted it. He said that the state of Hawaii gave him a copy of the birth certificate (not certification). He said that he could find out the name of the hospital that President Obama was born in “tomorrow” (if he so chose). He’s a frigging liar. You can see it all over his face and he is being “black mailed” or his hands are tied to elaborate. Any normal person looking at this issue can see that something is up. Camille Paglia, noted LIBERAL, even accepts this fact. They can only keep their thumb in the whole of the dam for so much longer. They think we are stupid, and in the long run (whether during Obama’s term, or afterwards) the truth will be known. All of their careers will be over at that point.”
Paxson

“I am suspect about O’really picking Orly for a segment. At the very least I thought it would have simply been a gratuitous move.

No doubt it was meant to discredit her and the “movement.”

This on the heels of Judge Carter’s recent new hire. I can’t help but question if it’s not part of a bigger plan being implemented incrementally.”
JustMe
“I think O’Reilly is a jerk and I don’t like to watch him. He obviously is uninformed of what a NBC is and he thinks he knows it all. They like to discredit those who are trying to find out the truth because he thinks he knows the truth and says BO was born in HI so that makes him NBC. I don’t like O’Reilly. He is a fake conservative. He does not care about the country or the constitution, but he discredits those who do. He is lousy. I also think that Lou Dobbs should switch places with him.”

speedy

“BOYCOTT O’REILLY and let people know”
carmen

“O YOUR A PINHEAD!!!NEVER WILL WATCH HIM AGAIN!!!!”
GBAmerica

162 Comments

Posted in Announcements, Attorneys, Barack Obama, Barry Soetoro, Berg, Bill O'Reilly, Birth Certificate, Chicago, Citizens for the truth about Obama, Civil Complaint, Commander in Chief, Congress, conservatives, constitution, Constitution Hall of Shame, Court of Appeals, DC, Democrats, District Court, Dr. Orly Taitz, Election, Election 2008, Election Law, Elitist remarks, Federal Court, First Amendment, Fox news, fraud, Glenn Beck, Government, Grassroots, Hannity and Colmes, Hawaii, Illinois, indictment, Indonesia, Journalism, Judges, Judicial misconduct, Kenya, Kerchner v Obama, Keyes lawsuit, Lawyers, Leo Donofrio, Lies, Mario Apuzzo, media, Military officers, Natural born citizen, News, O'Reilly, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Obama thugs, PHILIP J. BERG, Reform, Senator Obama, Smear campaigns, Standing, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US Department of Justice, US District Court, US Military, Usurper, Washington DC, white house

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Kerchner V Obama, Update, October 27, 2009, Appeal Filed with Third Circuit Court of Appeals in Philadelphia PA, Mario Apuzzo, Judge Jerome B. Simandle’s dismissal, Obama not natural born citizen

Posted on October 27, 2009 | 219 comments

Just in from Charles Kerchner, plaintiff in Kerchner V Obama, October 27, 2009.

“Kerchner Appeal Filed with Third Circuit Court of Appeals in Philadelphia PA
This is to give notice that today, Tuesday, October 27, 2009, at 2:19 p.m., I filed an appeal to the Third Circuit Court of Appeals in Philadelphia PA of Judge Jerome B. Simandle’s dismissal of the Kerchner et al. v. Obama & Congress et al. case.

Recently, the Hon. Jerome B. Simandle decided the Kerchner case, granting the defendants’ motion to dismiss the case. As I explained, through the dismissal, Judge Simandle avoided having to reach the merits of the question of whether Obama is an Article II “natural born Citizen” and eligible for the Office of President and Commander in Chief.

In the Kerchner complaint/petition, we allege that Obama has not conclusively proven that he was born in Hawaii. More importantly, we also allege that he is not an Article II “natural born Citizen” because when Obama was born his father was a British subject/citizen and Obama himself was the same, citing E. Vattel’s, The Law of Nations (1758) and John Jay’s letter of 1787 to then-General George Washington regarding providing a strong check on keeping foreign influence out of the Office of Commander in Chief by requiring that only a “natural born Citizen” occupy that critical and powerful office. As a naturalized citizen cannot be President because of being born subject to a foreign power, neither can Obama. It is important to understand that the Court did not rule in the Kerchner case that Obama has conclusively proven that he was born in Hawaii. It is also important to understand that the Court did not rule that Obama is an Article II “natural born Citizen.” Rather, the Court dismissed the plaintiffs’ case because of jurisdiction (Article III standing and prudential standing) and the political question doctrine without commenting on the underlying merits of whether Obama is constitutionally qualified to be President and Commander in Chief of the Military. The Court also did not rule that the plaintiffs’ claims are frivolous. By the Court finding that plaintiffs do not have standing and that their claims present a political question, the Court was able to avoid having to address the underlying merits of the Kerchner case. With such a decision, the American People unfortunately still do not know where Obama was born and whether he is an Article II “natural born Citizen” and therefore constitutionally eligible to be President and Commander in Chief.

A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications. As I have shown in my essay entitled, http://puzo1.blogspot.com/2009/10/real-kerchner-v-obama-congress-case-is.html, the Court’s opinion dismissing the Kerchner complaint/petition did not address the real Kerchner case but rather looked for a way to dismiss the case without having to reach the merits of the question of whether Obama is an Article II “natural born Citizen.” It is my hope that the public will take the time to read the Kerchner complaint/petition and the legal briefs that were filed supporting and opposing the defendants’ motion to dismiss so that it can learn first hand what the Obama ineligibility case is really about and draw an intelligent and informed decision on whether Obama is constitutionally qualified to be President and Commander in Chief of the Military.

The case is now with the Third Circuit Court of Appeal in Philadelphia PA which court we hope will decide the real Kerchner case and thereby reverse the decision of the Federal District Court. The American people deserve to know whether Obama was in fact born in Hawaii. More importantly, even if he is born in Hawaii, given that he was born with dual allegiance and citizenship, the American people deserve to know whether he is an Article II “natural born Citizen” which would make him eligible to be President and Commander in Chief of the Military. It is our position that because Obama was born with conflicting allegiances and citizenships at birth (British and U.S., if he was born in Hawaii), he cannot be President and more so Commander in Chief of our military men and women.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
October 27, 2009
Posted by Puzo1 at 12:15 PM  ”

Read more:

http://puzo1.blogspot.com/2009/10/kerchner-appeal-filed-with-third.html

219 Comments

Posted in Announcements, Attorneys, Barack Obama, Barry Soetoro, Birth Certificate, Citizens for the truth about Obama, Civil Complaint, COLB, Commander in Chief, Congress, constitution, Constitution Hall of Shame, DC, Democrats, District Court, Election 2008, Election Law, Federal Court, First Amendment, Government, Hawaii, indictment, Judges, Judicial misconduct, Justice, Kenya, Kerchner v Obama, Lawyers, Lies, Mario Apuzzo, Natural born citizen, News, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Senator Obama, Supreme Court, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US Military, Usurper, Voter fraud, Washington DC, white house

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Kerchner V Obama, Congress, October 25, 2009, Charles Kerchner, Mario Apuzzo, The Real Kerchner v Obama & Congress Case Is On Its Way to the Higher Courts of Justice

Posted on October 25, 2009 | 162 comments

Just in from Charles Kerchner of Kerchner V Obama, October 25, 2009.

“FOR IMMEDIATE RELEASE
24 October 2009

“The ‘Real’ Kerchner v. Obama & Congress Case Is On Its Way to the Higher Courts of Justice”

An essay by Attorney Mario Apuzzo on the recent decision by federal Judge Simandle in the Kerchner v. Obama & Congress lawsuit.

http://puzo1.blogspot.com/2009/10/real-kerchner-v-obama-congress-case-is.html

I agree with my attorney, Mario Apuzzo.

The REAL case will soon be going to the higher courts on appeal, and then to Washington DC ultimately to the U.S. Supreme Court. And the case the higher courts will hear on the merits will not be the imaginary straw-man version the case that Judge Simandle presented in his Opinion this week. The REAL case is about a core, basic, black-letter written, verbatim clause in the U.S. Constitution in Article II, Section 1, Clause 5, as to who is eligible to be the President and Commander-in-Chief of the military per our founders and framers of the Constitution. Our Constitution is the guarantor of our Liberty! We cannot let any part of it be ignored by a Usurper. Ultimately the U.S. Supreme Court will have to decide this historic Article II case based on its merits, or our Constitutional Republic is history. And said history and “We the People” will record well and ultimately hold directly accountable those who are actively directly involved and also the enablers who are attempting to destroy our Constitution and Republic and participating in the cover-up. The facts and truth can only be sealed and hidden so long. Sooner or later the Obama fraud and cover-up will all be exposed. The truth will be told in a court of law and Obama and his enablers will be judged and held accountable for what they have done.

Charles F. Kerchner, Jr.
CDR USNR (Ret)
Lead Plaintiff
Kerchner v Obama & Congress
http://puzo1.blogspot.com/
http://www.protectourliberty.org/

”

From Mario Apuzzo’s article:

“A court cannot refuse to hear a case on the merits merely because it prefers not to due to grave social or political ramifications. As we have seen, the Court’s opinion dismissing the Kerchner complaint/petition did not address the real Kerchner case but rather looked for a way to dismiss the case without having to reach the merits of the question of whether Obama is an Article II “natural born Citizen.” It is my hope that the public will take the time to read the Kerchner complaint/petition and the legal briefs that I filed supporting and opposing the defendants’ motion to dismiss so that it can learn first hand what the Obama eligibility case is really about and draw an intelligent and informed decision on whether Obama is constitutionally qualified to be President and Commander in Chief of the Military. We are now working on filing our appeal to the Third Circuit Court of Appeal in Philadelphia which court we hope will decide our case dispassionately.”

162 Comments

Posted in Announcements, Attorneys, Barack Obama, Barry Soetoro, Birth Certificate, Chief Justice, Citizens for the truth about Obama, Civil Complaint, COLB, Commander in Chief, Congress, constitution, Democrats, District Court, Election, Election 2008, Election Law, Federal Court, First Amendment, Founding Fathers, Government, indictment, Indonesia, Judges, Justice, Kerchner v Obama, Law firms, Lawyers, Lies, Mario Apuzzo, Military officers, Natural born citizen, News, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Senator Obama, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US Department of Justice, US District Court, US Military, Usurper, voters, Washington DC, white house

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H1N1, Obama Declares National Emergency, October 24, 2009, Bill of Rights revoked?, Stafford Act, National Emergencies Act, Public Health Emergency Fund, Federal emergency authorities, Rights have been now officially suspended.

Posted on October 24, 2009 | 75 comments

I first heard about Obama declaring a national emergency due to the H1N1 flu this morning as I was driving down the highway. I was warned many months ago that the flu was coming and that Obama would use it as an excuse to exercise more power over the American public. One of the people that warned me of this, in March of 2009, before the public awareness of a coming flu, a retired military officer, just sent me some information.

October 24, 2009,  approx 7:50 PM ET.

“Obama declares swine flu a national emergency”

“President Barack Obama declared the swine flu outbreak a national emergency and empowered his health secretary to suspend federal guidelines at hospitals and speed up how infected people might receive treatment in a disaster.

The declaration that Obama signed late Friday means Health and Human Services chief Kathleen Sebelius to bypass federal rules when opening alternative care sites, such as offsite hospital centers at schools or community centers, if needed.

Hospitals could modify patient rules — for example, requiring them to give less information during a hectic time — to quicken access to treatment, with government approval. The declaration, which the White House announced Saturday, allows HHS in some cases to let hospitals relocate emergency rooms offsite to reduce flu-related burdens and to protect noninfected patients.

Administration officials said the declaration was a pre-emptive move designed to make decisions easier when they need to be made. Officials said this was not in response to any single development on an outbreak that has lasted months and has killed more than 1,000 people in the United States.

It was the second of two steps needed to give Sebelius extraordinary powers during a crisis. On April 26, the administration declared swine flu a public health emergency, allowing the shipment of roughly 12 million doses of flu-fighting medications from a federal stockpile to states in case they eventually needed them. At the time, there were 20 confirmed cases in the U.S. of people recovering easily. There was no vaccine against swine flu, but the CDC had taken the initial step necessary for producing one.”

Read more:

http://news.yahoo.com/s/ap/20091024/ap_on_go_pr_wh/us_obama_swine_flu

 

“What does this mean for YOU?   It means the Federal Government has just declared its right to revoke the Bill of Rights:
 
A National Emergency, under the Stafford Act:
 
Quote:
With respect to the current outbreak, the Public Health Emergency Fund is available (but is
currently unfunded)17 and Emergency Use Authorizations have been granted by FDA.18 However,
the Secretary’s waiver and modification authority has not been activated because there is no
concurrent presidential declaration under either the Stafford Act or the National Emergencies Act.
(comment: report published in May 2009)
 
So declaring this emergency doesn’t really make more funds available.  They don’t EXIST!  So, that’s not the reason……
Quote:
A presidential declaration under the Stafford Act triggers federal emergency authorities that are
independent of the Secretary’s public health emergency authorities. Declarations under the
Stafford Act fall into two categories: emergency declarations and major disaster declarations. As
of this point in time, there have been no Stafford Act declarations pertaining to the current
influenza A(H1N1) virus outbreak. A presidential emergency declaration under the Stafford Act
authorizes the President to direct federal agencies to support state and local emergency assistance
activities; coordinate disaster relief provided by federal and non-federal organizations; provide
technical and advisory assistance to state and local governments; provide emergency assistance
through federal agencies; remove debris through grants to state and local governments; provide
assistance to individuals and households for temporary housing and uninsured personal needs;

and assist state and local governments in the distribution of medicine, food, and consumables.19
The total amount of assistance available is limited in an emergency declaration to $5 million,
“unless the President determines that there is a continuing need; Congress must be notified if the
$5 million ceiling is breached.
 
Source:  Document prepared for Congress in May, 2009:  http://assets.opencrs.com/rpts/R40560_20090506.pdf
 
Now, we’re getting down to the real reasons…..
 
Further of interest from this document:
 
Quote:
A major disaster declaration authorizes the President to offer all the assistance authorized under
an emergency declaration, and further authorizes funds for the repair and restoration of federal
facilities, unemployment assistance, emergency grants to assist low-income migrant and seasonal
farm workers, food coupons and distribution, relocation assistance, crisis counseling assistance
and training, community disaster loans, emergency communications, and emergency public
transportation.23 Additionally, the total amount of assistance provided in a major disaster
declaration is not subject to a ceiling in the same way as under an emergency declaration.
 
And here is the money quote:
 
Quote:

The Public Health Service Act and the Stafford Act contain authorities that
allow the Secretary of Health and Human Services and the President, respectively, to take certain
actions during emergencies or disasters. While the primary authority for quarantine and isolation
in the United States resides at the state level, the federal government has jurisdiction over
interstate and border quarantine. Border entry and border closing issues may arise in the context
of measures designed to keep individuals who have, or may have, influenza A(H1N1) from
crossing U.S. borders. Aliens with the H1N1 virus can be denied entry, but American citizens
cannot be excluded from the United States solely because of a communicable disease, although
they may be quarantined or isolated at the border for health reasons. Airlines have considerable
discretion to implement travel restrictions relating to the safety and/or security of flights and other
passengers and crew. In addition, the federal government has broad legal authority to regulate and
control the navigable airspace of the United States in dealing with incidents involving
communicable diseases. States have authority to initiate other emergency measures such as
mandatory vaccination orders and certain nonpharmaceutical interventions such as school
closures, which may lessen the spread of an infectious disease. The International Health
Regulations adopted by the World Health Organization in 2005 provide a framework for
international cooperation against infectious disease threats.

The use of these emergency measures to contain the influenza A(H1N1) virus outbreak may raise
a classic civil rights issue: to what extent can an individual’s liberty be curtailed to advance the
common good? The U.S. Constitution and federal civil rights laws provide for individual due
process and equal protection rights as well as a right to privacy, but these rights are balanced
against the needs of the community.
 
And there you have it, in black and white.  I make no determination as to whether H1N1A is truly the public threat they are presenting, although there have been deaths of children at a concerning rate, even here in Michigan – the fact is, the Stafford Act allows the Federal Government to strip away all your rights.  While this National Emergency is in effect, this gives the Federal Government carte blanche to use this declaration for whatever it pleases.  Rights have been now officially suspended.”
 
Stephanie S. Jasky,   Founder, Director
Follow Us on Twitter

https://twitter.com/FedUpUSA

http://fedupusa.org

75 Comments

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Charles Kerchner, Sovereign Immunity, October 20, 2009, Kerchner V Obama, Mario Apuzzo, US Constitution, President and Congress not above the law, Quo Warranto charge against a usurper Putative President

Posted on October 20, 2009 | 96 comments

Just in from Charles Kerchner of Kerchner V Obama, October 20, 2009:

“FOR IMMEDIATE RELEASE
20 October 2009

Kerchner: On the Sovereign and Sovereign Immunity – by CDR Kerchner

http://www.scribd.com/doc/17049463/

Kerchner: On the Sovereign and Sovereign Immunity

In the case of constitutional issues We the People and/or the Constitution created by We the People are sovereign. The fundamental law of our nation, the Constitution, can only be changed by amending it by the process provided in that Constitution, not by a branch of the federal government usurping or ignoring it. Congress cannot amend the Constitution by itself and certainly not with a simple majority vote. It takes a vote of 2/3 the members of Congress to put forward such an amendment to the several states and ratification by 3/4 of the several states of our nation. We are a Constitutional Republic, not a pure democracy. All rights and power not given to the federal government by the Constitution is reserved to the several states and to the People. See the 9th and 10th Amendments in the Bill of Rights for the details on that fact. We the People created the federal government enabled by the founding document, the federal U.S. Constitution. The Congress or the President cannot arbitrarily ignore the U.S. Constitution and those branches of the federal government cannot hide behind sovereign immunity. For if they can the Constitution is then no longer the supreme law of the land and the Congress and the President have placed themselves above that supreme law. We would no longer be a nation of laws if the supreme law of the land can be ignored and not enforced by the whims of the simple political majority in control of Congress.

I believe that Article I, Section 6, clause 1 protects the individual Senators and Reps from arrest and/or charges due to their speech and debate. It does not grant sovereign immunity to the Congress as a whole or the Senate as a body or the House as a body to totally ignore the Constitution, the “fundamental law” as Vattel describes such laws, and the foundational law of our federal government and nation. The sovereign power in our Republic is “We the People” and the Constitution we established to limit the power of the Federal Government, and thus the Congress which is part of that. Thus the Congress as a body in our government is not sovereign and thus cannot have sovereign immunity regarding charges that it as a body did not do its constitutional duty and/or ignored parts of the constitution. Who or what is the USA. It is the several states and We the People and the Constitution. It is not the Congress and it is not the President. The Constitution is the supreme and sovereign law. Congress is not sovereign and neither is the President and thus they cannot use sovereign immunity to betray and undermine the constitution. If the Congress is sovereign, then Congress would be the ultimate power and even be above the constitution. That is not our system of government. And that is not what Vattel taught either and wrote about a republic with a written constitution. The elected officials are our representatives and we acquiesce to them to run the government as long as they obey the Constitution and not ignore any part of the Constitution, the supreme law of the land, and that these elected representatives act in a way to protect our life, liberty, and pursuit of happiness which our patriot ancestors and many who have served since fought and died to obtain and keep for us. The written Constitution is supreme and sovereign as that contract was established by We the People acting through the several states. And it states it takes 3/4th of the several states via agreement of the People of those states speaking through their respective legislative body to change that sovereign law, the U.S. Constitution.

We the People are the sovereigns and the Constitution is the supreme, fundamental, sovereign law in our federal system. The President and Congress are not above the law. No executive order or statutory law passed by them is supreme to the Constitution and the inalienable rights of We the People. I did not swear an oath to defend a man or any particular person serving as the President or a piece land. I swore an oath to support and defend the Constitution. We the People retain the ancient right of the sovereign, which is us in our system, to bring a Quo Warranto charge against a usurper Putative President. And I did so in my lawsuit. Any order or law made by Congress or anyone else in our federal government which stands in the way of We the People’s inalienable right to protect our Constitution, which we created, from a usurper must fall. Those laws must fall by the wayside as subservient and that they are not applicable to blocking our inalienable rights and cannot be allowed to block the People getting answers in the federal courts to Constitutional questions. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so.

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

“

96 Comments

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Obama, Acorn, Patrick Fitzgerald, Rezko, Voter fraud, corruption, Captain Connie Rhodes letter, Chicago, Catholic Bishops, USDOJ, Justice Department, Main stream media corruption

Posted on September 23, 2009 | 925 comments

I am on the road and following multiple big stories. There is so much happening at the moment that it is difficult keep up with breaking news. Those following this blog are aware that Larry Sinclair and I are trying to get some straight answers on the alleged Captain Connie Rhodes letter and apparent deployment to Iraq. Larry & I have both emailed Captain Rhodes. This entire sequence of events beginning with attempts to prevent Rhodes from initially appearing in court to Judge Land attacking the motives of this military officer to this suspicious letter all smell to high heaven. It appears to this observer that forces above in the chain of command are at work. More on this soon, hopefully.

There is a common thread to much of what I have been researching lately and going way back into 2008. That is Patrick Fitzgerald and the US Department of Justice, particularly the Chicago office. The common denominators of this common thread are Obama, Rezko and Acorn. There is so much substance, so much corruption, that before I can finish an article, another ugly head pops up. That has been so true over the past few days. Hopefully, with the attention being focused on Acorn regarding their monetary and moral corruption, the voter fraud that they were so entrenched in will be taken more seriously. After all, as I and many others pointed out in 2008 and years before, Acorn’s many consistent corrupt actions are known to many. Where in the hell was the Main Stream Media? Their inaction is criminal and un American. And where were many of the jackasses in Congress? Two of the facts I presented in 2008 and recently, the well researched Catholic Bishops report from 1997 and the complete cutoff of funds to Acorn in 2008 by the Catholic Church, should have been more than enough for a congressional investigation.

Now back to Patrick Fitzgerald. The Obama camp cleverly or in cahoots with Fitgerald, did not remove Fitzgerald from office when Obama seized control of the White House. What they soon did was give Fitzgerald a “temporary” supervisory assignment. Patrick Fitzgerald and the USDOJ waiting until after the election to arrest Blagojevich, when they clearly could have done so several months earlier, and from what I can discern, not following up on some other corruption, makes the Obama move stink even more.

I am aware of more, but obviously cannot yet write about it. All in due time.

Stay tuned

925 Comments

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Captain Connie Rhodes, Letter, Update, September 21, 2009, Letter prepared by acquaintance, Judge Land ruling, Rhodes deployment to Iraq

Posted on September 21, 2009 | 765 comments

Larry Sinclair and I have been trying to get straight answers regarding the letter, allegedly from Captain Connie Rhodes, that states she did not authorize Orly Taitz to file a motion for stay of deployment and that she will deploy to Iraq. The letter looked suspect and we simply wanted the truth. We are still trying to verify that Captain Rhodes did in fact deploy to Iraq. Larry Sinclair did most of the work on this investigation and is to be commended.

From Larry Sinclair’s blog:

“Updated 9-21-09 @ 10:45 AM

Court Clerk Confirms He Spoke With “Acquaintance” not Capt Rhodes on Faxing Letter

I have contacted the U.S. District Court in Columbus, Georgia and spoken with Ms. Terri and a Mr. Timothy Frost in the Clerks Office. I informed both individuals that after reviewing the Letter of Capt. Connie Rhodes filed Friday September 18, 2009 the signature on said letter appears to be “cut & pasted” onto the document.

Mr. Frost states “I spoke with an acquaintance of Capt. Rhodes on Friday before the document was faxed.” Mr. Frost stated that after speaking with his boss and the acquaintance assuring the Court an original would be sent after Capt. Rhodes arrives in Iraq, the court accepted the document. I asked “would that acquaintance would be a Mr. Joe Parton,” and Mr. Frost said he would not give “his” name, and that the Court has accepted the document as authentic. Mr. Frost also stated that “if the Court does not receive an original from Iraq then there may be a problem.“

I made it clear to Ms. Terri and Mr. Frost that I have no interest in this case other than verifying that the September 18, 2009 letter of Capt. Rhodes was authentic and was not filed in an effort to make Judge Land or the Court look bad. I believe Mr. Frost has confirmed for me that the letter was in fact prepared by the “acquaintance” and not Capt. Connie Rhodes, unless Mr. Frost wants to change his statement as to having spoken with “an acquaintance of Capt. Rhodes” to having spoken with Capt. Rhodes herself, since the last paragraph of the letter states:

“I am faxing this as was advised by Tim, who works in the District Clerk’s office. I will mail the original copy of this letter once I have arrived in Iraq.”

I have received an email address for Capt. Rhodes and will send her an email asking if she signed the letter. Which we already know the signature was “cut & pasted” and it appears with the permission of the Clerks office?”

Read more:

http://www.larrysinclair-0926.blogspot.com/

 

pdf of alleged letter

765 Comments

Posted in Announcements, Attorneys, Barack Obama, Birth Certificate, Citizens for the truth about Obama, Civil Complaint, Civil rights, COLB, Commander in Chief, District Court, Dr. Orly Taitz, Election 2008, Election Law, Emergency, Federal Court, First Amendment, Government, indictment, Judges, Justice, Law firms, Lawyers, letter, Military officers, Motion, Natural born citizen, News, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Patriotism, Politics, The Case Against Barack Obama, United States, US Army, US Constitution, US Department of Justice, US District Court, US Military, US Soldier, Usurper, Voter fraud, Washington DC, white house

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Captain Connie Rhodes, Fax, Letter to judge Clay D Land, September 18, 2009, Fake, Larry Sinclair, Sinclair investigation

Posted on September 19, 2009 | 527 comments

Larry Sinclair, who happens to be a better investigative reporter than most in the MSM, has uncovered the fact that the letter, allegedly written by Captain Connie Rhodes and faxed from Office Max to the judge, was not faxed from the Office Max at that time.  Here is a copy of that alleged letter:

CaptainConnieRhodesWithdrawal

pdf of alleged letter

From Larry Sinclair

“In an effort to confirm the below letter I have contacted Ft. Benning. There is something that has come to my attention that supports my suspicions about this letter even more. If Capt. Connie Rhodes was being shipped out to Iraq yesterday, she would NOT have been allowed to leave base and go to a Columbus, GA OfficeMax to fax this letter. In fact one would think the letter would and could have been fax directly from the Army Base and placed in the mail at the same time right on base at Ft. Benning.

Interestingly enough the store video at the OfficeMax store where this document was faxed from will provide Judge Land and U.S. Marshalls clear proof as to who faxed this letter to the U.S. District Court Judge.”

Read more:

http://larrysinclair-0926.blogspot.com/2009/09/is-letter-to-us-district-court-judge.html

“I can now show without any doubt that the letter filed with the U.S. District Court for the Middle District of Georgia, claiming to be from U.S. Army Captain Connie M. Rhodes, M.D. is a FRAUD and FORGERY.

I am currently transcribing a short audio recording to post the along with the audio.”

Read more:

http://www.larrysinclair-0926.blogspot.com/

I have listened to the audio.

Thanks to Larry Sinclair for doing this work.

527 Comments

Posted in Announcements, Attorneys, Barack Obama, Birth Certificate, Citizens for the truth about Obama, Civil Complaint, COLB, Commander in Chief, Democrats, District Court, Dr. Orly Taitz, Election Law, Federal Court, First Amendment, Government, indictment, Judges, Justice, Keyes lawsuit, Larry Sinclair, Larry Sinclair blog, larrysinclair-0926.blogspot.com, Lawyers, letter, Lies, Military officers, Money, Motion, Natural born citizen, News, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Standing, The Case Against Barack Obama, United States, US Army, US Constitution, US Department of Justice, US District Court, US Military, US Soldier, Usurper, Washington DC, white house

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