Kerchner v Obama and Congress, Update, July 22, 2010
Just in from Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For Immediate Release – 22 July 2010
Attorney Mario Apuzzo’s Legal ‘Response’ to the U.S. 3rd Circuit Court of Appeal Order is Successful.
The U.S. Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal | by Attorney Mario Apuzzo
The Third Circuit Court of Appeals Finds Attorney Apuzzo Not Liable for Obama’s/Congress’ Damages and Costs Incurred by Them in Defending the Kerchner Appeal
On July 2, 2010, the Third Circuit Court of Appeals issued its decision affirming the New Jersey Federal District Court’s dismissal of the Kerchner et al v. Obama/Congress et al case for lack of Article III standing. The Court ordered that I show cause in 14 days why the Court should not find me liable for just damages and costs suffered by the defendants, not in having to defend against the merits of plaintiffs’ underlying claims that Putative President Obama is not an Article II “natural born Citizen,” that he has yet to conclusively prove that he was born in Hawaii, that Congress failed to exercise its constitutional duty to properly vet and investigate Obama’s “natural born Citizen” status, and that former Vice President and President of the Senate, Dick Cheney, and current Speaker of the House, Nancy Pelosi, were complicit in that Congressional failure, but rather in having to defendant against what the court considers to be a frivolous appeal of the District Court’s dismissal of their claims on the ground of Article III standing. On Monday, July 19, 2010, I filed my response. This afternoon, on July 22, 2010, the Third Circuit Court of Appeals issued its decision on whether it should impose the damages and costs upon me. The Court has decided not to impose any damages and costs upon me and has discharged its order to show cause. This means that the matter of damages and costs is closed. Here is the Court’s decision:
“ORDER (SLOVITER, BARRY and HARDIMAN, Circuit Judges) On July 2, 2010, this Court filed an Order to Show Cause directing Appellants’ counsel to show cause in writing why he should not be subject to an Order pursuant to F.R.A.P. 38 for pursuing a frivolous appeal. In response, Mario Apuzzo filed a 95-page statement that contains, inter alia, numerous statements directed to the merits of this Court’s opinion, which the Court finds unpersuasive. His request that the Court reconsider its opinion is denied, as the appropriate procedure for that issue is through a Petition for Rehearing. However, based on Mr. Apuzzo’s explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause, filed. Sloviter, Authoring Judge. (PDB).”
I want to thank everyone who supported and encouraged me in this battle. This includes everyone who expressed their feelings on this matter through blog posts, articles, and comments, and emails.
The U.S. Third Circuit Court of Appeals which sits in Philadelphia has notified me today by letter dated June 15, 2010 that there will not be any oral argument on the Kerchner appeal to that Court. The case will be submitted on the briefs on Tuesday, June 29, 2010. Our presence is therefore not required.
The Court also informed me that the Third Circuit Panel that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.
The court can call for oral argument when it has questions. As we know, the Federal District Court granted Obama’s/Congress’s motion to dismiss the complaint/petition for lack of standing and political question. The Kerchner plaintiffs have appealed that decision to the Third Circuit Court of Appeals. On a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant. We have alleged and shown that Obama is not and cannot be an Article II “natural born Citizen” because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual and conflicting allegiances if he was born in the U.S. or with sole allegiance to Great Britain if he was born in Kenya. We have also alleged and shown that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court or to the Court of Appeals contesting these arguments. The issues of standing and political question are well briefed. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court. Hence, the Court might not have any questions and so it did not see any need for oral argument.
Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court for discovery and trial. If the Third Circuit Court affirms the District Court, we will then be filing a petition for certiorari with the United States Supreme Court which will have the final word in any event.
The Rod Blagojevich trial is scheduled to begin June 3, 2010. Federal prosecutors must respond to a Supreme Court request from Justice Stevens. Justice Stevens reacted to the Petition from the Blagojevich defense team to delay the trial until the US Supreme Court has ruled on the “honest services” component of state law included in the Blagojevich Indictment.
Regardless of how this plays out, complete coverage will be provided by Citizen Wells. Blagojevich in cooperation with the mainstream media and attempted to mislead the public. It is important that the American public know the facts regarding the Blagojevich trial and corruption ties to Tony Rezko, Stuart Levine, Barack Obama and many others. CitizenWells.com now has a “one stop shopping” page to learn more about Blagojevich, et al and to stay informed about the trial. There you will find the following:
Rod Blagojevich trial timeline
Blagojevich Trial 101
December 2008 Citizen Wells articles on Obama’s ties to Blagojevich, corruption
Pre trial events and information
Blagojevich trial Citizen Wells daily coverage
Blagojevich trial, Justice Stevens asks prosecutors to respond
From the Chicago Tribune May 21, 2010.
“Justice Stevens asks prosecutors to respond to Blagojevich request to delay corruption trial”
“U.S. Supreme Court Justice John Paul Stevens gave federal prosecutors one week to respond to ousted Illinois Gov. Rod Blagojevich’s request to delay his corruption trial.
Stevens on Friday told the government to respond by May 28. The trial of Blagojevich and his brother, Robert Blagojevich, is scheduled to begin June 3.”
“Requests to delay the trial already were denied by the trial judge and the 7th U.S. Circuit Court of Appeals.”
“Former Illinois Gov. Rod Blagojevich has asked the U.S. Supreme Court to delay his corruption trial.
Attorney Michael Ettinger, who represents the former governor’s brother, confirmed Wednesday the request for a delay was filed with Justice John Paul Stevens.
Blagojevich and his brother, Robert Blagojevich, are due to go on trial starting June 3.
Their lawyers say it should be delayed until the high court decides if the federal honest-services fraud law is constitutional. The former governor faces some charges based on that law.”
This story originated at the AP. They are having some difficulties reporting the facts regarding any story that touches Obama. So I will help them. If you get the impression that the Blagojevich guilty plea is primarily about selling the Obama senate seat, read the following.
“We have a trial, a story, about Rod Blagojevich, his numerous corrupt cronies including Tony Rezko, Stuart Levine, Barack Obama and a host of others involved in long time crime and corruption in Chicago and IL. We have a story, far bigger and more far reaching than Watergate. We have a story including businessmen, attorneys, state and local officials, the Governor of Illinois, the occupant of the White House and his long time associates, and it is barely being covered by the mainstream media. And worse than that, it is being covered up. Even our last refuge of information access, the internet, is being manipulated.”
“The second Superseding Indictment of Rod Blagojevich is 113 pages long. Tony Rezko’s Superceding Indictment is 65 pages.”
Lt. Col. Terrence Lakin, Fox News, Megyn Kelly, Bill O’Reilly, Lies
Did Fox News and/or Bill O’Reilly sell their soul to the devil?
We need for journalists and those reporting in the media to take an oath of honesty and integrity. Except for perhaps Sean Hannity, Fox News is sorely lacking. Lt. Col. Terrence Lakin took the following oath:
“I, [name], do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.” US Military officer’s oath of office
Officers in the service of the United States are
bound by this oath to disobey any order that
violates the Constitution of the United States. On April 15, 2010, the Citizen Wells blog reported.
Please provide fair and balanced coverage regarding LTC Lakin. Please do not trash people “birthers” who are asking legitimate questions.
“Facts are stubborn things; and whatever may be our wishes, our inclination, or the dictates of our passions, they cannot alter the state of facts and evidence.”
– John Adams
LTC Lakin is an honorable man and needs to be treated as such. He is standing up for what he believes. He believes in the oath that he took to defend his Country from enemies both foreign and domestic. His oath is to protect and defend the Constitution, as such, believes no man is “above the law” including the President.
Instead of questioning LTC Lakin’s motives, I would hope that you question Mr. Obama’s. Why would a sitting President who has nothing to hide go to such great lengths, spending millions, to refrain from providing basic documents that prove his eligibility for office?
I would also hope that your focus is NOT primarily on Mr. Obama’s elusive birth certificate. Mr. Obama, by his own admission stated that he was born with DUAL citizenship Kenya-British (Barack Obama Sr.) and USA (Stanley Ann Dunham). He was also a citizen of Indonesia when he was adopted by his step father Lolo Soetoro.
How can a person with DUAL citizenship, who has allegiances to counties other than the USA be a Natural Born Citizen?
NBC=Two Citizen ParentS and Born on US Soil.
You see, it doesn’t matter if Barack Obama was born in Kenya or Hawaii, his Dual Citizenship disqualifies him for POTUS. This should be your focus Megyn, please don’t disappoint!”
“Will Fox News cover this story in a “fair and balanced” manner? Megyn Kelly has supposedly been researching this story. Will she do real research and report with objectivity? Will Kelly actually read the statements from Dr. Fukino, examine the steps taken by Obama and his cadres of attorneys to avoid presenting a real birth certificate? Will Kelly review the natural born citizen clause and what it means? Will Kelly consider the fact that Obama has done everything in his power to hide his past including his college records?” Read more
We now have an answer as to whether or not Fox News, Bill O’Reilly and Megyn Kelly intend to cover the Lt. Col. Terrence Lakin story with indepth research and objectivity.
I have a great many facts and opinions to use to respond to the biased, unprofessional statements of O’Reilly and Kelly on Fox. However, for the moment, the following, perhaps, screams louder.
From Charles Kerchner, lead plaintiff, in Kerchner v Obama and Congress.
Newspaper Birth Announcement Ads in 1961 in two Hawaiian Newspapers do NOT prove Obama was physically born in Hawaii.
The two announcements in the Hawaiian newspaper in 1961 only prove a birth was REGISTERED there, not that he was born there. A registration was allowed under Hawaiian law in 1961 to be made by any family member via a simple mail-in form to the state Health Department. No 3rd party or independent witnesses to the birth were required. The statement of a family member registering a new born child as born home was accepted into the registration system with little or not questions back then. Thus the family could lie and register a birth in Hawaii when it occurred elsewhere, anywhere in the world, simply to get the child U.S. citizenship, a highly coveted status then and now. The false registration was not done so he could be President some day. The false registration was done to get the new born child citizenship for that time. It was a case of birth registration fraud to illegally gain U.S. citizenship for a foreign born child of the family.
Given Hawaii’s very lax birth registration laws, as I said, Obama could have been born anywhere in the world and if Obama’s maternal grandma filled out the form and mailed it in to the birth registration office saying Obama was born at their home in Hawaii, a vital record would be created. And the birth announcement was on the list of births registered that week and which lists were sent routinely each week to the two newspapers. With data systems it is GIGO, garbage (false registration data) in yields garbage out (fraudulently created birth record in the state’s vital record system out). And with a falsified birth registration in the system, subsequent computer print outs in later years and carefully crafted statements by Hawaiian officials that they have a record of Obama being born in Hawaii can be obtained and made. But those printouts and statements are being made based on a falsified vital record mail-in registration form back in 1961.
WND.com, an online newspaper, did investigations on this first in 2009. They also did follow on stories in 2010 into how the newspaper ads were placed in those two papers in 1961 and the research revealed that the birth announcements were placed by the state, not the family. See these two article links below and many other articles as to how the Honolulu Advertiser and the other sister pub got the birth announcements from a list from the state each week, not from the families. These were public service birth announcements provided by the state. Garbage/falsified data on the available and simple birth registration mail-in form sent into the birth registration office in 1961 by a fraudulent filing by Obama’s grandmother to get her foreign born new grandson U.S. citizenship, illegally but easily given Hawaii’s lax laws back then, yielded a birth announcement in the paper for a birth in Hawaii that was registered there but did not physically occur in Hawaii. Obama was physically not born in Hawaii, as James Orengo, Member of Parliament, in Kenya recently attested to, as have other MPs in Kenya and as have members of Obama’s paternal line family in Kenya.
With the contradictory statements being made in Kenya by government officials there and members of the family there that Obama was born in Kenya and is not a native born American, the true legal identity needs to be investigated in a court of law. Any reasonable person looking at the evidence for and against Obama being born in Hawaii would say there is reasonable doubt he was born in Hawaii and would demand a further investigation. But the media is covering up for Obama by making false statements to protect him. The media created Obama, covered up for him, and is still a propaganda organ for him. This is a national disgrace.
Kerchner v Obama and Congress, Update, April 11, 2010, Appellants Motion
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For Immediate Release – 10 April 2010
Kerchner v Obama Appeal – Activity in Appeal Case
Atty Apuzzo Files Appellants Motion for Leave to File Supplemental Appendix. Copy of the Appendix Also Filed.
Kerchner v Obama & Congress Appeal – Atty Mario Apuzzo Filed on 10 April 2010 to the U.S. 3rd Circuit Court of Appeals an Appellants Motion for Leave to File a Supplemental Appendix. Along with the motion he also filed a copy of the Supplemental Appendix. You can read the Motion and the Supplemental Appendix which has been combined into one file for release purposes via the link to the filing documents at this link.
Comment from Commander Kerchner, the Lead Plaintiff:
Our side is ready and rhetorically locked and loaded for the epic struggle. General Quarters has been sounded and the We the People are now awake on this issue and on the move to remove the unconstitutional Usurper from the Oval Office along with his corrupt and socialist backers with their foreign influences, money, and agenda for America to take our nation into a direction that is not American and violates our Constitution, the fundamental law of our land. We are a nation of laws not men. Our hearing in court is coming. If we don’t prevail in the 3rd Circuit Court of Appeals this case will be taken to the U.S. Supreme Court. We the People will not quit. This issue is not going away until Obama’s true legal identity is revealed and his constitutional eligibility to be President and Commander-in-Chief of our Military is thoroughly vetted in a court of law on the merits of the charges. The truth and the Constitution will win this fight in the end. We the People will insure that. So help us God.
Kerchner v Obama and Congress, Update, April 10, 2010, ARGUMENT ACKNOWLEDGMENT
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For Immediate Release – 09 April 2010
Atty Mario Apuzzo Files His ‘ARGUMENT ACKNOWLEDGMENT’ to the U.S. 3rd Circuit Court of Appeals in Preparation for the Hearing and Argument of the Kerchner v Obama & Congress Appeal Scheduled to be Heard on 29 Jun 2010.
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.
RE: Charles Kerchner, Jr., et al v. Barack Obama, et al
Case Number: 09-4209
District Case Number: 1-09-cv-00253
Dear Counsel:
The above-entitled case(s) has/have been tentatively listed on the merits on
2010
within the
The panel will determine whether there will be oral argument and if so, the amount of time
allocated for each side. (See Third Circuit Internal Operating Procedures, Chapter 2.1.) No later
than one (1) week prior to the disposition date you will be advised whether oral argument will be
required, the amount of time allocated by the panel, and the specific date on which argument will
be scheduled.
Counsel shall file an acknowledgment form
and advise the name of the attorney who will present oral argument. In addition, please indicate
whether or not s/he is a member of the bar of this Court. Bar membership is not necessary if
counsel represents a U.S. government agency or officer thereof or if the party is appearing pro se.
If the attorney is not a member of the bar of this Court, an application for admission should be
completed, which should be returned to this office without delay.
The hyperlinks for access to the
Tuesday, June 29,in NEWARK, NJ. It may become necessary for the panel to move this case to another dayweek of June 28, 2010. Counsel will be notified if such a change occurs.within seven (7) days from the date of this letter,acknowledgment form, application for admission, andappearance form
are provided for your convenience, and are also available on the Third Circuit
website.
Please file your completed acknowledgment form through CM/ECF.
Very truly yours,
Marcia M. Waldron, Clerk
By:
Tiffany Washington, Calendar Clerk-267-299-4905
Case: 09-4209 Document: 003110090637 Page: 1 Date Filed: 04/06/2010
Charles F. Kerchner, Jr., Commander USNR (Retired), Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org”
Citizen WElls 