Category Archives: Federal Court

Blagojevich trial, Retrial hearing, Citizen Wells open thread, October 22, 2010

Blagojevich trial, Retrial hearing, October 22, 2010

The Chicago Tribune reports.

“Prosecutors and defense attorneys are scheduled to appear in federal court as the sides prepare for retrial in the corruption case against ousted Illinois Gov. Rod Blagojevich.

Friday’s status hearing comes a week after prosecutors filed a response to defense claims that multiple legal errors led to Blagojevich’s conviction for lying to the FBI.

The government countered that it was overwhelming evidence that led to the conviction in the first trial and that allegations of prosecutorial misconduct are baseless.”

http://www.chicagotribune.com/news/local/sns-ap-il–blagojevichtrial,0,891472.story

For more information on Blagojevich and events leading up to the trial:

https://citizenwells.com/2010/05/21/blagojevich-trial-complete-coverage-from-citizen-wells/

Blagojevich wiretap November 7, 2008, Blagojevich trial evidence

Barnett Keyes et al v Obama, Obama attorneys response, 9th Circuit Court of Appeals, Citizen Wells open thread, October 15, 2010

Barnett Keyes et al v Obama, Obama attorneys response, 9th Circuit Court of Appeals

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

What does the above statement mean? Those in denial about Obama, his character and his past tend to dismiss such statements as fiction. I assure you that it is based on solid facts, court records. Here is one of many examples.

From the Obama attorneys response to the appeal in the Barnett/Keyes lawsuit appeal in the 9th Circuit Court of Appeals.

“PAMELA BARNETT, Captain, et al., )
Plaintiffs/Appellants,

v.

BARACK HUSSEIN OBAMA, et al.,

Defendants/Appellees.”

“APPELLEES’ ANSWERING BRIEF
APPEAL FROM THE
THE UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA – SANTA ANA
SA CV 09-00082 DOC
ANDRÉ BIROTTE JR.
United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
ROGER E. WEST
Assistant United States Attorney
First Assistant Chief, Civil Division
DAVID A. DeJUTE
Assistant United States Attorney
Room 7516 Federal Building
300 North Los Angeles Street
Los Angeles, CA 90012
Telephone: (213) 894-2461/2574
Facsimile: (213) 894-7819
Attorneys for Defendants/Appellees”

Yes, that’s right, three taxpayer funded government attorneys representing Obama, helping him to avoid presenting a legitimate birth certificate and proof that he is eligible to be president.

Instead of presenting simple proof of eligibility, as John McCain and others have done, Obama has continued for over 2 years to avoid presenting proof.

Here is just a snippet of the legalese, the horsecrap, what I believe is an illegal manuever by government attorneys to aid and abet Obama in violating the law of the  land.
“Regarding the military plaintiffs, any injury which they may be suffering has
never been identified with any precision at all. Certainly, military personnel may
face risk of injury in the course of their duties, but the military plaintiffs have
pointed to no such concrete risks that they themselves presently face. Even if the Court could find standing on the basis of such injuries, however, it is even more highly speculative that any such injury would be redressed by a change in the identity of the Commander-in-Chief. The military plaintiffs, therefore, cannot meet the redressability prong on this basis.”

“Moreover, the military plaintiffs also lack standing because members of the
military cannot challenge the orders of a superior in a judicial forum. See, e.g.
Chappell v. Wallace, 462 U.S. 296, 300, 304, 103 S.Ct 2362, 76 L.Ed.2d 586
(1984) (holding that “[c]ivilian courts must, at the very least, hesitate long before entertaining a suit which asks the court to tamper with the established relationship between enlisted military personnel and their superior officers” because “that relationship is at the heart of a necessarily unique structure of the military establishment” and noting that the “disruption of ‘[t]he peculiar and special relationship of the soldier to his superiors’ that might result if the soldier were allowed to hale his superiors into court.” (quotation omitted); United States v. Stanley, 483 U.S. 669, 682-83, 107 S.Ct 3054, 97 L.Ed.2d 550 (1987) (holding that members of the military cannot raise Constitutional claims against military officials for injuries incident to service because “congressionally uninvited intrusion into military affairs by the judiciary is inappropriate”).”

“It is well settled that when the United States Constitution makes a “textually
demonstrable constitutional commitment” of an issue to another branch of
government, other than the judiciary, that issue presents a non-justiciable political question.”

http://www.scribd.com/doc/39302812/Barnett-Keyes-et-al-v-Obama-et-al-9th-Circuit-Court-of-Appeals-Appellees-Obama-Answering-Brief-10-13-10

Citizen Wells ending comment.

Aside from the fact that the attorneys helping Obama are engaging in an illegal activity, knowing full well that he has no proof of eligibility:
Congress does indeed have the right and responsibility to insure that the president is eligble. That, however, does not preclude other branches from performing their critical functions of checks and balances and highest responsibility to uphold and defend the US Constitution. Nor does any power provided by the Constitution preclude or preempt a citizen, having taken an oath to defend the Constitution or not, from adhering to the rule of law, the supreme law of the land and performing their civic duty.

Lakin court martial, Terrorists Have More Rights than Lakin, Citizen Wells open thread, October 13, 2010

Lakin court martial, Terrorists Have More Rights than Lakin

I was listening to coverage of the terrorist trial taking place in civilian court recently and came to the same obvious conclusion as Dr. Kate.

“Terrorists Have More Rights than Army LTC Lakin”

“In Obama’s siege of America, terrorists get trials, and decorated Army officers go to jail.  In other words, treason is the rule: Obama provides aid and comfort to the enemy, and through sedition, rules of engagement, deployments, and malicious prosecution,  attacks the armed forces of the United States.

The Terrorists with Rights

Obama’s  so-called “justice department”, led by terrorist-sympathizer Eric Holdup brings terrorists to New York for a civilian trial based on the U.S. legal system, where great care is taken to protect the terrorist by excluding evidence obtained by torture.”

“Defendant Ahmed Khalfan Ghailani denies helping al-Qaeda kill 224 people in the 1998 US embassy bombings in Africa. The judge ruled the witness could not testify as he had been named by Mr Ghailani while he was “under duress”. A BBC correspondent says the move complicates plans to try Guantanamo detainees in civilian courts.  The Obama administration is hoping to hold such trials for a number of high-profile inmates, including alleged 9/11 mastermind Khalid Sheikh Mohammed. New York Judge Lewis Kaplan postponed Mr Ghailani’s trial, which had been due to begin on Wednesday. The decision was a blow to U.S. prosecutors.”

“The Birth Certificate, or Jail for a Decorated Officer?
Decorated Army officer LTC Terrence Lakin,  in court-martial proceedings for following proper procedure in ensuring his orders are lawful, is denied his right to obtain evidence–not even by torture–and told to ‘get another defense’ because the credentials of the Commander in Chief who gave the orders are embarrassing.”

“In refusing to obey orders because of his doubts as to their legality, LTC Lakin has acted exactly as proper training dictates. That training mandates that he determine in his own conscience that an order is legal before obeying it…Indeed, he has publicly stated that he “invites” his own court martial, and were I the Convening Authority, I would have acceded to his wishes in that regard. But thus stepping up the bar, LTC Lakin is demonstrating the courage of his convictions and his bravery. That said, it is equally essential that he be allowed access to the evidence that will prove whether he made the correct decision.”

Read more:

http://drkatesview.wordpress.com/2010/10/13/terrorists-have-more-rights-than-army-ltc-lakin/

Judge grants request for Amicus Curiae Brief filing, Obama eligibility, Commonwealth of Virginia, Attorney General Kenneth Cuccinelli, Citizen Wells open thread, October 9, 2010

Judge grants request for Amicus Curiae Brief filing, Obama eligibility, Commonwealth of Virginia, Attorney General Kenneth Cuccinelli

From The Post & Email October 8, 2010.
“Last March The Post & Email reported on an “Admission of Ineligibility” declared by a Florida man after he charged Barack Hussein Obama with “negligence” for failing to answer his request that Obama prove he is a natural born Citizen and therefore qualified to hold the office of President of the United States.

Mr. W. Spencer Connerat III, the author of the document which he deemed a “confession,” had originally sent it to the attorneys general of Florida and Virginia last March in the likely event that either or both of them decided to file a lawsuit over the impending passage of the Patient Protection and Affordable Care Act (PPACA).  Some have referred to the legislation as “Obamacare,” and its constitutionality has been debated since long before its passage.

Attorney General Kenneth Cuccinelli, on behalf of the Commonwealth of Virginia, filed suit against Health and Human Services Secretary Kathleen Sebelius directly after the legislation was passed by Congress on March 23, 2010.  A group of more than 20 states filed a similar lawsuit led by Attorney General Bill McCollum of Florida.”

“On September 21, 2010, Judge Hudson granted Mr. Connerat’s motion to file an Amicus Curiae brief to be included in the Virginia lawsuit along with many others filed by interested parties, including Physician Hospitals of America, former U.S. Attorney General Edwin Meese III, and the American Civil Rights Union.”

 Read more:

http://www.thepostemail.com/2010/10/08/judge-grants-request-to-file-amicus-curiae-brief-nullifying-health-care-bill-on-grounds-of-obamas-ineligibility/

http://www.scribd.com/doc/38601003/CONNERAT-OBAMA-Confession-FILED-in-Federal-Court

Thanks to commenter TruthSeeker

Kerchner v Obama update, October 1, 2010, Petition for a Writ of Certiorari filed, US Supreme Court

Kerchner v Obama update, October 1, 2010, Petition for a Writ of Certiorari filed, US Supreme Court

From Charles Kerchner, lead plaintiff in Kerchner v Obama, et al.

FOR IMMEDIATE RELEASE
30 September 2010, 8:00 P.M. EDT

CONTACT: Mario Apuzzo, Esq.
Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel:  732-521-1900
Fax: 732-521-3906
Email: apuzzo@erols.com

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit.

JAMESBURG, NJ – (Sept. 30, 2010) – Attorney Mario Apuzzo of Jamesburg, NJ, today filed a Petition for a Writ of Certiorari with the U.S. Supreme Court in Washington DC, on behalf of plaintiffs, Charles F. Kerchner, Jr., Lehigh County, PA; Lowell  T. Patterson, Burlington County, NJ; Darrell J. LeNormand, Middlesex County, NJ; and Donald H. Nelsen, Jr., Middlesex County, NJ.  Plaintiffs are challenging the recent decision of the Third Circuit Court of Appeals in Philadelphia, PA, which affirmed the dismissal by District Judge, Jerome  Simandle, sitting in the Federal District Court, Camden, NJ,  of plaintiffs’ lawsuit in which they charge that Barack Hussein Obama, aka Barry Soetoro, has NOT conclusively proven to any controlling legal authority that he is Article II,  Section 1, Clause 5 “natural born Citizen of the United States” and thus constitutionally eligible to serve as the President and Commander-in-Chief of our military, and that he has hidden all his early life records including his original long-form birth certificate, early school records, college records, travel and passport records needed to prove he is even a born Citizen of the United States 

Obama was born a British Subject/Citizen to a British Subject/Citizen father and a U.S. citizen mother.  Obama’s father was not a U.S. Citizen and never intended to be one. Obama’s father was never even an immigrant to the USA nor was he even a permanent legal resident. Obama’s father was a foreign national sojourning in the USA to attend college. Obama is still a British Subject/Citizen to this day because he has never renounced that citizenship. According to this lawsuit, Obama was born a dual-citizen with dual allegiance and loyalty and is therefore  not constitutionally eligible to be the President and Commander-in-Chief of our military. The founders of our country and framers of our Constitution required the President to have unity of citizenship and sole natural allegiance to the USA from the moment of birth, which Obama does not and cannot have. This was a national security issue to the founders and framers.
Obama has multiple foreign allegiance claims on him because of his British citizenship which also converted to Kenyan citizenship at age 2.  Obama was also an Indonesian citizen as a youth when he was adopted or acknowledged by his Indonesian step-father when he married his mother, Stanley Ann Dunham.   
The lawsuit seeks a trial on the merits to determine the true facts of Obama’s legal identity and exact citizenship status and to require Obama to prove to the courts that he is eligible for the federal office he sits in per our Constitution, Article II, Section 1, Clause 5, which states:  No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

The legal term of art, natural born citizen, is defined by the world renowned legal scholar, Emer de Vattel, in his pre-eminent legal treatise and enlightenment to the world of jurisprudence in the revolutionary period, The Law of Nations or Principles of Natural Law, published in 1758, and which was used by the founders by the Continental Congress during the formation of our country and by the framers of our U.S. Constitution, and whose definition of natural born Citizen is incorporated in several U.S. Supreme Court decisions. Vattel and U.S. Supreme Court decisions agree that a natural born citizen is a person born in the country to two parents who are both citizens of the country.  Obama’s father was not a U.S. citizen, nor even an immigrant to the USA. Thus Obama is not a natural born citizen of the USA, and that is the reason for the lawsuit.

The original lawsuit was filed early in the morning of January 20, 2009, before Obama was sworn in.  The case was dragged out by delays by the government in addressing the case and deciding on whether the case would proceed to a fact finding trial on the merits or not. The courts have decided that it will not go to the merits and have dismissed the case using technical and procedural tactics to keep the Plaintiffs from getting to the merits of the charges.

By the lower Courts finding that plaintiffs do not have standing and that their claims present a political question, the lower Courts were 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 conclusively 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. Being a born “Citizen of the United States” is a necessary part but is NOT sufficient to be an Article II “natural born Citizen of the United States”.  We have asked the relevant questions and provided for the U.S. Supreme Court in our Petition various reasons why it should accept this case and promptly resolves this constitutional crisis. 
 
–more–
A copy of the Petition for the Writ of Certiorari may be viewed and downloaded at this site. 

For a copy of the Petition and more information about the lawsuit see these links:
Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit
http://www.scribd.com/doc/19914488/Kerchner-v-Obama-Congress-Table-of-Contents-2nd-Amended-Complaint

http://www.scribd.com/doc/11317148/Kerchner-et-al-v-Obama-Congress-et-al-filed-at-250-am-20Jan2009-2nd-Amendment-filed-09Feb2009

http://www.scribd.com/doc/17748032/Kerchner-v-Obama-Congress-Docket-Report
http://www.scribd.com/doc/22556305/Docket-Report-Kerchner-v-Obama-Congress-U-S-3rd-Circuit-Court-of-Appeals-Philadelphia-PA
http://puzo1.blogspot.com/2009/10/real-kerchner-v-obama-congress-case-is.html

http://puzo1.blogspot.com
http://www.protectourliberty.org

For additional comments or information please contact Mario Apuzzo, Attorney at Law, 185 Gatzmer Avenue, Jamesburg, NJ, 08831, Tel: 732-521-1900, Fax:
732-521-3906, Email: Apuzzo@erols.com

Obama attorneys aid Obama in illegal activities, Robert Bauer Perkins Coie help Obama hide birth certificate records, Payments to attorneys

Obama attorneys aid Obama in illegal activities, Robert Bauer Perkins Coie help Obama hide birth certificate records, Payments to attorneys

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

Robert F. Bauer was a partner in Perkins Coie before becoming White House Counsel in 2009. Bauer also began defending Barack Obama in eligibility lawsuits in 2008. Perkins Coie has represented Obama for America for over 2 years. Bauer is married to Anita (“I look to Chairman Mao”) Dunn.

Here is the payment total to Perkins Coie from Obama for America for the second quarter 2010.

DISBURSEMENTS BY PAYEE
OBAMA FOR AMERICA
      PO Box 8102
      Chicago, Illinois   60680

FEC Committee ID #: C00431445
This report contains activity for a General Election
Report type: July Quarterly

Filed 07/15/2010

Perkins Coie    152,978.58 

 
Total Disbursements This Period    461,104.98 

http://query.nictusa.com/pres/2010/Q2/C00431445/B_PAYEE_C00431445.html

It is a crime for an attorney to aid a client in illegal activities. By definition, aiding Obama in hiding his birth certificate and other records, is a criminal activity if not treasonous.

Justice Dept corruption, New Black Panther Party, Obama administration, Voter intimidation, Judicial Watch FOIA

Justice Dept corruption, New Black Panther Party, Obama administration, Voter intimidation, Judicial Watch FOIA

From Judicial Watch September 20, 2010.

“Records Contradict Testimony by Assistant Attorney General Thomas Perez”

“Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has forced disclosure of the existence of documents from the Department of Justice (DOJ) indicating Democratic election lawyer Sam Hirsch was involved in the DOJ decision to dismiss its voting rights case against the New Black Panther Party for Self Defense. The records, described in a Vaughn index produced pursuant to a Judicial Watch Freedom of Information Act (FOIA) lawsuit, contradict sworn testimony by Thomas Perez, Assistant Attorney General for the Civil Rights Division, who testified before the U.S. Civil Rights Commission that no political leadership was involved in the decision (Judicial Watch v. Department of Justice (No. 10-851)).

The “Vaughn index” describes documents responsive to the lawsuit currently being withheld in their entirety by the Justice Department. The index details a series of emails between Assistant Deputy Attorney General Steve Rosenbaum and Deputy Associate Attorney General Sam Hirsch, who was described by Slate magazine as a “DC election lawyer who represents a lot of Democrats” prior to joining the Justice Department.

The index describes eight email exchanges between Rosenbaum and Hirsch, taking place on April 30, 2009, the day before the Justice Department reversed course and declined to pursue much of the Black Panther case. Listed among the email correspondence:

An “Email Chain with Attachments” from Rosenbaum to Hirsch dated April 30, 2009: The email chain includes “…a detailed response and analysis of the proposed draft filings in NBPP (New Black Panther Party) litigation…The response includes a candid assessment of legal research and raises questions about the case law and proposed relief….This document also contains attorney discussion, opinions, and analyses of the draft documents and case law.”

The records disclosed to Judicial Watch seemingly contradict testimony by Assistant Attorney General Thomas Perez, before the U.S. Commission on Civil Rights on May 14, 2010. The Commission, an independent, bipartisan unit of the federal government charged with investigating and reporting on civil rights issues, initiated a probe of the Justice Department’s decision to drop its lawsuit. During the hearing, Perez was asked directly regarding the involvement of political leaders in the decision to dismiss the Black Panther case.”

Read more:

http://www.judicialwatch.org/news/2010/sep/political-appointee-involved-obama-justice-department-decision-drop-black-panther-case

Obama just as guilty as Blagojevich, Justice Dept protecting Obama, Obama Rezko ties, Citizen Wells open thread, September 21, 2010

Obama just as guilty as Blagojevich, Justice Dept protecting Obama, Obama Rezko ties

The Citizen Wells blog and CitizenWells.com are committed to presenting the truth about Rod Blagojevich and Chicago corruption involving Barack Obama, et al. Twice, before the 2008 elections and now, before the 2010 elections, legal actions against Blagojevich have been delayed. It is apparent that the US Justice Department is protecting Obama. We will not let Obama escape being tainted by his strong ties to Chicago corruption.

From Citizen Wells April 3, 2010

Obama lied about his involvement with Tony Rezko

 
“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.”

“Rod Blagojevich Indictment press release, APRIL 2, 2009.

“The Solicitation of Ali Ata
In late 2002, Ali Ata, a businessman who previously pleaded guilty and is cooperating, and who was solicited by Rezko to make political contributions to Blagojevich, brought a $25,000 check to Rezko’s offices, where Ata met with Blagojevich. Blagojevich asked Rezko if Rezko had talked to Ata about positions in the administration, and Rezko said that he had. In July 2003, after discussions with Rezko about possible state appointments, Ata gave Rezko another $25,000 check payable to Blagojevich’s campaign. Ata then had a conversation with Blagojevich at a fundraising event in which Blagojevich indicated that he was aware Ata recently had made another substantial contribution to his campaign, and told Ata that he understood Ata would be joining his administration.

Ata replied that he was considering taking a position, and Blagojevich said that it had better be a job where Ata could make some money. Blagojevich ultimately appointed Ata as the executive director of the Illinois Finance Authority.””

““Ata made a $5,000 donation to Obama less than a month earlier on June 30, 2003. Ata is also an investor in Riverside Park. Almost without fail, the people identified in the Board Games cases as investors in Riverside Park contributed to Obama’s US senate campaign.””

Read more:

https://citizenwells.wordpress.com/2010/04/03/rod-blagojevich-trial-blagojevich-indictment-rezko-levine-obama-il-board-rigging-chicago-illinois-corruption-il-senate-health-services-committee-obama-lied-about-contact-with-rezko/

Blagojevich throws Obama under bus, Blagojevich wiretap November 7, 2008

Kerchner v Obama, Update, September 15, 2010, Charles Kerchner lead plaintiff, Mario Apuzzo attorney

Kerchner v Obama, Update, September 15, 2010, Charles Kerchner lead plaintiff, Mario Apuzzo attorney

Just in from Charles Kerchner, lead plaintiff in Kerchner v Obama.

For Immediate Release – 15 September 2010

Atty Mario Apuzzo & CDR Charles Kerchner will be on the Conservative Monster Radio Show, hosted by Steve Cooper, Blog Talk Radio, Wed 15 Sep 2010 9 PM EST.  They will be discussing the latest status of the Kerchner et al vs Obama & Congress et al lawsuit challenging the constitutional eligibility of Obama to serve as President and Commander in Chief of the military and the election fraud orchestrated by Nancy Pelosi and others in the 2008 presidential election. The case is currently being prepared for filing a Writ of Certiorari to the U.S. Supreme Court.

http://puzo1.blogspot.com/2010/09/atty-mario-apuzzo-cdr-charles-kerchner.html

CDR Charles Kerchner (Ret)
Lead Plaintiff
Kerchner et al vs Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Blagojevich asks Judge Zagel to nullify conviction, Lying to FBI

Blagojevich asks Judge Zagel to nullify conviction, Lying to FBI

From the Chicago Tribune September 14, 2010.

“Former Gov. Rod Blagojevich wants a judge to nullify the only conviction the jury returned in the Illinois Democrat’s mostly deadlocked corruption trial.

In a motion filed in federal court in Chicago late Monday, defense lawyers call on trial Judge James Zagel to override the jury’s decision and acquit Blagojevich of lying to the FBI. The attorneys say another option is for Zagel to set the conviction aside and try Blagojevich again on that charge.”

Read more:

http://www.chicagotribune.com/news/chi-ap-il-blagojevichtrial,0,2697557.story