Category Archives: Federal Court

Bill O’Reilly, Dr Orly Taitz lawsuit, O’Reilly uninformed, Fox, O’Reilly Factor, Obama not natural born citizen, Alan Keyes, Major Stefan Cook, YouTube video, So simple even O’Reilly can understand

Bill O’Reilly’s

cowardly treatment of Orly Taitz

and the American Public

Part II

Last Night on the O’Reilly factor on Fox, Bill O’Reilly and two fawning females belittled Dr. Orly Taitz and millions of Americans who support the US Constitution and want proof that Barack Obama is a natural born citizen. Commenter Jacqlyn Smith of this blog has presented a video that explains Obama’s eligibility issues in a manner that even Bill O’Reilly can understand.
From the Youtube video:
“Life and Liberty PAC presents the Proof Positive Series with Molotov Mitchell. In this fifth episode, Molotov takes a closer look at the people Chris Matthews and Keith Olberman call “kooks” and “cowards”, Dr. Alan Keyes and Maj. Stefan Cook.”
“Proof Positive: Just Some Guy”

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

“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

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

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

Alonzo Monk pleads guilty, Obama Health care reform, Rod Blagojevich health care, Illinois pay to play, Chicago politics, Chicago corruption, Obama cronies, Monk and Obama ties

Alonzo Monk pleads guilty

Part 1

 

I was preparing an article on Alonzo Monk, former chief of staff for Rod Blagojevich, who just pled guilty to corruption charges. Instead of just writing the simple story, a story barely covered by the press, I wanted to provide more background information and the depth of involvement in crime and corruption in Chicago and Illinois and how this is also an indictment of Barack Obama. As in any story involving Obama, there is just too much to write about in one article.
I came across this article from the Chicago Tribune dated December 23, 2007. The article, written many months before Rod Blagojevich was indicted, explains how Heath Care reform, Illinois pay to play style works. Change some names and dates and what do you have? The current Obama attempt to ram government run health care down our throats and enrich his cronies.
“For years, Rod Blagojevich has projected two distinct images that define his tenure as Illinois’ governor.

In one, he is a populist champion with an agenda of “putting people first” by pushing causes like health care for all. In the other, he is a consummate politician with cronies who offer advice while raising campaign cash and asking for favors.”
“Federal prosecutors for the first time have put Blagojevich inside their widespread investigation of pay-to-play in his administration. Blagojevich told one convicted federal informant, “You stick with us and you will do very well for yourself,” according to a court document prosecutors filed.”
“Nix, however, disputed that Knapp’s influence is overriding. Instead, she said Blagojevich long has used a team approach to politicking and governing. In this vein, he is a public official heavily reliant on his aides. His team has a core nucleus of Nix, chief of staff John Harris, former chief of staff Alonzo Monk, longtime political aide John Wyma, state Rep. Jay Hoffman (D-Collinsville), state Sen. James DeLeo (D-Chicago) and campaign spokesman Doug Scofield.

But Monk, Scofield and Wyma are lobbyists, and their clients have won millions in state contracts under Blagojevich’s stewardship. And Kelly, another close adviser and friend, was indicted this month on federal tax fraud charges.

Blagojevich allies and confidants said the governor opened his second term with two key missions for 2007: First, he wanted to expand government-covered health care insurance to all Illinoisans; second, he wanted, once and for all, to politically wound his chief nemesis, House Speaker Michael Madigan, chairman of the state Democratic Party.”
“Health care “is an issue that he feels is a fundamental right,” Hoffman said. “I think he’s willing to stake his administration on it and that’s what this fight is all about.””
“This strategy has worked marvelously in the thick of campaign season. He handily won both gubernatorial contests by creating an enemy—the scandal-marred Gov. George Ryan was used in both cases—and then excoriating that enemy by claiming that he would defend the public against this foe.”

Read more:

http://newsblogs.chicagotribune.com/clout_st/2007/12/gov-blagojevich.html

Sound familiar?

Now revisit articles from Citizen Wells that reveal the ties between Obama and Chicago and Illinois corruption figures, including Alonzo Monk, and decide if you want Health Care Reform, Chicago style.
December 9, 2008

The real Rod Blagojevich, et al and Obama ties

 

December 22, 2008

Hospital CEO Wore Wire, helped build Graft Cases In Illinois

March 6, 2009

“Barack Obama’s role in rigging the IL Health Facilities Planning Board by reducing the number of members from 15 to 9
and therefore allowing Tony Rezko, Stuart Levine and Rod Blagojevich to control the board with only 5 members, is
examined in detail. The indictments and criminal complaints of Rezko, Levine, Blagojevich and Weinstein reveal their
involvement in board corruption. Obama should be indicted as well.”

IL Health Facilities Planning Board rigged

August 10, 2009

Mercy Hospital kickbacks

“The brief conversation was between Levine and Rezko on April 24, 2004, just three days after Levine said he and Rezko
had rigged a vote of a state hospital planning board to approve a controversial hospital in Crystal Lake. Hospital
contractor Jacob Kiferbaum was going to pay Levine and Rezko $1 million in bribes if the Crystal Lake facility won
approval, Levine has testified.”

Children’s Memorial Hospital seen as potential shakedown target

“Levine testified that he called Rezko on April 24 to set up a meeting to discuss their next shakedown target: Children’s
Memorial Hospital.”

Valerie Jarrett and Michelle Obama’s job and salary

“Jarrett was appointed chairman of the University of Chicago Medical Center Board in June 2006. She was also made
chairman of a newly created Executive Committee of that Board, according to a June 13, 2006 University announcement. In
addition, Jarrett was named vice-chair of the University’s Board of Trustees, the announcement states. Michelle landed a high paying job at the University of Chicago Hospitals. Two months after Obama became a US senator, she was appointed vice president for community and external affairs. Tax returns show the promotion nearly tripled her pay to
$317,000 in 2005, from $122,000 in 2004.”

Obama healthcare, Chicago corruption

September 12, 2009

Planning board votes rigged for Mercy Hospital scheme

“Although the application was rejected the first time, Mercy moved for reconsideration and won approval at the April 21,
2004 meeting. Beck testified that after the meeting, he and Levine drove to Rezko’s office to tell him the plan was
approved and Rezko was there with Christopher Kelly.”

“It was further part of the conspiracy that defendants ROD BLAGOJEVICH and KELLY, along with Monk, Cellini, Robert
Blagojevich, Harris, Rezko, and Levine, and others, used and attempted to use the powers of the Office of the Governor
and of certain state boards and commissions subject to the influence of the Office of the Governor, to take and cause
governmental actions, including: appointments to boards and commissions; the awarding of state business, grants, and
investment fund allocations; the enactment of legislation and executive orders; and the appointment of a United States
Senator; in exchange for financial benefits for themselves and others, including campaign contributions for ROD
BLAGOJEVICH, money for themselves, and employment for ROD BLAGOJEVICH and his wife.”

Cristopher Kelly dead, Planning board rigging
 

September 13, 2009

“Kelly dies of possible overdose
Authorities say death may be suicide but are investigating it as homicide”

“Kelly, 51, who was to report to federal prison officials this week to start serving an 8-year sentence, died Saturday at
Stroger Hospital in what authorities said was a possible suicide from an over-the-counter medication. An autopsy is
scheduled for Sunday, and police in Chicago and south suburban Country Club Hills are conducting a death investigation.

Kelly’s death ended a tumultuous year in his life. He twice pleaded guilty to federal charges. He was estranged from his
wife. And he faced serious financial problems, partly due to gambling debts. But Kelly indicated he was not going to turn
on Blagojevich despite pressure from prosecutors.”

Citizen Wells clarification

“Do not let the fact that the federal prosecutors convicted Kelly because of his corruption involving O’Hare International Airport. Just as most of the corruption Blagojevich had to do with “pay to play” politics in Chicago and Illinois, Kelly was involved with Blagojevich, Rezko, Levine and ultimately Obama in the Planning Board rigging that corrupted the Mercy Hospital deal.”

Christpher Kelly’s role clarified
 
  

What is the current attempt by Obama and liberal Democrats at health care reform all about?

  • Appeasing their far left core support.
  • More control over the American people to get votes.
  • Payback to trial lawyers and other big supporters (refer to contribution table above).
  • Achieving the goals of far left, socialist, communists who are controlling the party with the goal of redistribution of wealth..

Truth about Obama Health care Reform

Would you trust Obama, et al with your and your family’s health care?

Please pass this story along to Glenn Beck, Sean Hannity, Rush Limbaugh and as many people as possible. The story of Alonzo Monk pleading guilty has been barely covered. The much larger story of Monk’s involvement in Illinois corruption, the impact on health care in IL and Monk’s ties to Obama is a much bigger story. And the really big story is that Obama is trying to force health care changes on this country just like Rod Blagojevich tried, for the enrichment of himself and his cronies.

For additional insight:

http://www.usdoj.gov/usao/iln/pr/chicago/2009/pr0402_01a.pdf

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

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.”

Kerchner V Obama, Update, October 21, 2009, Charles Kerchner, Mario Apuzzo, Judge Simandle Has Granted the DOJ Motion to Dismiss

***  Update below, October 21, 2009, 2:36 PM  ***

Just in from Charles Kerchner of Kerchner V Obama, October 21, 2009:

Wednesday, October 21, 2009

Judge Simandle Has Granted the DOJ’s Motion to Dismiss

Re. Kerchner et al vs. Obama & Congress et al lawsuit filed January 20th, 2009.
http://www.scribd.com/doc/19914488/Kerchner-v-Obama-Congress-Table-of-Contents-2nd-Amended-Complaint

Judge Simandle Has Granted the DOJ’s Motion to Dismiss. We will appeal.
http://puzo1.blogspot.com/2009/10/judge-simandle-has-granted-dojs-motion.html

Attorney Mario Apuzzo called me a few minutes ago. Judge Simandle has granted the DOJ’s motion to dismiss. More on this later. Mario will post some initial comments in the blog but he still has to read the Judge’s decision in full. I also need to read the full decision. But we will definitely appeal.

Like in the Battle of Long Island in the Revolutionary War, we have lost a battle. But we have not lost the war. The real decision on this will ultimately be made by the U.S. Supreme Court on the real crux of this matter … which is a legal issue, i.e., the legal question of what is a Natural Born Citizen per Article II of our Constitution per original intent, and is Obama one. I say he is not. Read this as to why:

http://puzo1.blogspot.com/2009/09/natural-born-citizen-clause-requires.html

Attorney Apuzzo will comment further once he has had a chance to read the full decision.

We have lost at this initial step. But now Attorney Apuzzo can move the case up the ladder in the court system and file an appeal.

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

***  UPDATE  ***

FOR IMMEDIATE RELEASE
21 October 2009

For additional information contact:
Attorney Mario Apuzzo
Web: http://puzo1.blogspot.com
Email:  apuzzo@erols.com
Tel:  732-521-1900
Fax:  732-521-3906

Attorney Mario Apuzzo Makes Statement Regarding Judge Simandle’s Decision to Grant the DOJ’s Motion to Dismiss the Kerchner et al v Obama & Congress et al Lawsuit.

http://puzo1.blogspot.com/2009/10/court-dismisses-kerchner.html

Court Dismisses Kerchner Complaint/Petition for Lack of Standing and Political Question. The Decision Will Be Appealed.

The Hon. Jerome B. Simandle of the Federal District Court in the District of New Jersey at 10:39 a.m., on October 21, 2009, filed his long-awaited opinion dismissing the Kerchner et al. v. Obama et al. complaint/petition. In the complaint/petition, we allege that Obama has not conclusively proven that he was born in Hawaii. We also allege that even if he was so born, he is not an Article II “natural born Citizen” because his father was a British subject/citizen when Obama was born and Obama himself was born a British subject/citizen, all of which makes him ineligible to be President and Commander in Chief of the Military. We also allege that Congress violated it constitutional duty under the Twentieth Amendment to adequately investigate and confirm whether Obama is an Article II “natural born Citizen.” Judge Simandle ruled that the plaintiffs do not have Article III standing and that therefore the court does not have subject matter jurisdiction. The Court found that the plaintiffs failed to show that they suffered an “injury in fact.” It added that plaintiffs’ alleged injury is “only a generally available grievance about government” and “is one they share with all United States citizens.” Finally, it said that plaintiffs’ “motivations do not alter the nature of the injury alleged. . .”

By way of footnote, the Court said that even if the plaintiffs could show that the Court had Article III standing, they would not be able to show that the court should exercise jurisdiction because prudential standing concerns would prevent it from doing so.

Finally, the Court again in a footnote said that it cannot take jurisdiction of the issue of whether Obama is a “natural born Citizen” and whether Congress has acted constitutionally in its confirmation of Obama for President because the matter is a “political question” which needs to be resolved by Congress. The Court said that there simply is no room for judicial review of political choices made by the Electoral College and the Congress when voting for and confirming the President. The Court added that the plaintiffs’ remedy against Congress may be achieved by voting at the polls.

It is important to understand that the Court did not rule 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 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. Given the nature of the Court’s decision, the American People unfortunately still do not know whether Obama is constitutionally qualified to be President and Commander in Chief.

As promised, plaintiffs will be filing an appeal of Judge Simandle’s decision to the Third Circuit Court of Appeals located in Philadelphia, Pennsylvania.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
http://puzo1.blogspot.com/
October 21, 2009

For an outline and summary of the Kerchner et al v Obama & Congress et al case see:
http://www.scribd.com/doc/19914488/Kerchner-v-Obama-Congress-Table-of-Contents-2nd-Amended-Complaint

*** Later Update ***

Commander Charles F. Kerchner, U.S. Naval Reserve (Ret.) statement

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

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/

New York Judge Halts Flu Vaccine Mandate For Health Workers, Breaking News, October 16, 2009, H1N1 Vaccine, NY health care workers not forced into vaccinations

Breaking News  from CBS News 2, October 16, 2009:

“Judge Halts Flu Vaccine Mandate For Health Workers
New York Health Care Employees Won’t Be Forced To Get H1N1 Vaccine…For Now”

“Health care workers in New York will no longer be forced to get the H1N1 swine flu vaccine, CBS 2 has learned.

A state Supreme Court judge issued a restraining order Friday against the state from enforcing the controversial mandatory vaccination.

The order came as the Public Employees Federation sued to reverse a policy requiring vaccination against the seasonal and swine flu viruses, arguing that state Health Commissioner Richard Daines overstepped his authority.

Three parties – the Public Employees Federaion, New York State United Teachers, and an attorney representing four Albany nurses – challenged the order and for now the vaccination for nurses, doctors, aides, and non-medical staff members who might be in a patient’s room will remain voluntary.

The health department had said the workers must be vaccinated by November 30 or face possible disciplinary action, including dismissal. PEF said it encourages members to get flu vaccinations, but opposes the emergency regulation requiring the vaccine as a condition of employment.

A judge granted a temporary restraining order Friday morning, PEF spokeswoman Debbie Miles said. A court hearing is scheduled for October 30.

New York was the first state in the country to initially mandate flu vaccinations for its health care workers, but many health care workers quickly protested against the ruling. In Hauppauge, workers outside a local clinic screamed “No forced shots!” when the mandate came down at the end of September.

“I don’t even tend to the sick. I am in the nutrition field. They are telling me I must get the shot because I work in a health clinic setting,” said Paula Small, a Women, Infants and Children health care worker.

Small said she would refuse to be vaccinate, worried the vaccine is untested and unproven, leaving her vulnerable. In 1976, there were some deaths associated with a swine flu vaccination.

Registered nurse Frank Mannino, 50, was also angry. He said the state regulation violates his personal freedom and civil rights.

“And now I will lose my job if I don’t take the regular flu shot or the swine flu shot.”

When asked if he’s willing to lose his job, Mannino said, “Absolutely. I will not take it, will not be forced. This is still America.””

Read more:

http://wcbstv.com/breakingnewsalerts/mandatory.h1n1.vaccine.2.1252672.html

Charles Kerchner, Mario Apuzzo interview, October 16, 2009, Kerchner V Obama, et al, Lawsuit updates, MommaE blog radio

Just in from MommaE Blog Radio, October 16, 2009:

“Hi,
 
I just want to remind you that MommaE Radio Rebels is on tonight!  MARIO APUZZO AND CHARLES KERCHNER WILL BE THE GUESTS TONIGHT!  MARIO AND CHARLES WILL BE TALKING ABOUT THEIR CASE AND ARE LOOKING FORWARD TO ANSWERING QUESTIONS FROM THE CALLERS!     It will be open lines for call ins with any questions you have as well as comments!!  It should be a hot, rocking and interesting show!
 
PLEASE POST THIS ON YOUR BLOGS OR WEB SITES AND ANY OTHER BLOGS OR WEB SITES THAT YOU ARE CONNECTED WITH AND SEND TO EVERYONE IN YOUR ADDRESS BOOK. 
 
I look forward to seeing you all there!  Link, time and call in number for the show is below.
 
http://blogtalkradio.com/mommaeradiorebels
 
Call In # 347-237-4870
 
5:30 PM Pacific Time
 
6:30 PM Mountain Time
 
7:30 PM Central Time
 
8:30 PM Eastern Time
 
I hope to see you all.  Please join us in the Chat room!
  
MommaE”

 

A recent article by attorney Mario Apuzzo and information on Kerchner V Obama
“Why Should a Reputable Attorney Pursue the Obama Eligibility Issue?

I have been asked by one pro-Obama commentator on my blog who calls himself “kris” why a reputable attorney would pursue eligibility litigation against our putative President, Barack Obama.

In his argument, the commentator makes several correct statements. He is correct in stating that “Wong Kim Ark, while providing an expansive and controversial definition of a Fourteenth Amendment ‘citizen of the United States,’ simply does not and cannot retroactively change the Founders’ definition of a ‘natural born Citizen.'”

He is also correct in stating that the Founders never defined in the Constitution what a “natural born Citizen” is. What the commentator does not state is that the Founders believed in a Creator, who to provide order and justice, gave society natural law. That natural law manifested itself in the minds and hearts of men. What society was, who its members were, and what the ends of society were to be were all revealed through that natural law. Hence, there was no reason or motivation for them to write down what a “Citizen” or “natural born Citizen” was. Given the task of creating a new society after having won a revolution, for them it was intuitive that a “citizen” was a member of the new society and the children of the first citizens would in the future be the society’s “natural born citizens.” They also provided for others to join the new society in the future through naturalization and the children of those so joining the society would also be “natural born citizens.””

Read more:

http://puzo1.blogspot.com/2009/10/why-should-reputable-attorney-pursue.html

Tuesday, October 13, 2009, Citizen Wells, Open Thread, Obama, US dollar, Glenn Beck, Deficit, Government spending, Gold, Silver, Leo Haffey in jail

FREE LEO THE ATTORNEY FROM JAIL

 

Yesterday, October 12, 2009, was full of thought provoking and scary news items. Glenn Beck on Fox News did a superb job of exposing the Obama camp for treating Fox News, and in essence the American public, as the enemy. Beck also revealed who loses and who benefits from government run healthcare. His use of charts and simple explanations was reminiscent of Ross Perot and his techniques should be used by more politicians. Except for maybe one thing. Most politicians do not want to reveal the facts. Beck also has continued to warn of the decline in value of the US Dollar and has provided ideas to safeguard our assets.

Yesterday we learned that a six year old boy, a youngster who was proud of being in the cub scouts, was expelled from school for bringing his new cub scout knife to school. The young boy now faces the possibility of 45 days in a reform school.

What a bunch of idiots!

Barack Obama has lied and thugged his way into the White House and the six year old boy is expelled!

We also brought you a story about an ACORN worker who was convicted of voter fraud in Ohio.

This is an open thread for October 13, 2009. We are still waiting to find out what is going to happen to Nashville attorney Leo Haffey who was arrested on suspicious affidavits, denied bond in a hearing by presiding judge Gloria Dumas, who received a lengthy formal complaint from the TN Judiciary for illegal and unprofessional behaviour a few days later. Is Leo Haffey a political prisoner?

I recently delved into my archives regarding voter fraud in NC and found a really interesting document. I hope to reveal it to you soon.

I hope to share with you my plans to galvanize the public leading up to the 2010 elections. Please share this thought with bloggers that you trust and respect. We must gel as a cohesive group.

I have a collection of facts and thoughts on health care reform I have worked on. I hope to share that soon.

And speaking of Captain Connie Rhodes, her commanding officers and judge Land, I have not forgotten you either.

Wells