Category Archives: indictment

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

Obama Administration 1984 regime, George Orwell described Obama camp, Thought police, Anita Dunn, David Axelrod, Rahm Emmanuel, Revisionist history, Attacks, Fox News, Citizen Wells open thread, October 27, 2009

This is the open thread for Tuesday, October 27, 2009. The theme is “1984” by George Orwell and how the Obama camp and the Obama Administration resemble the totalitarian regime described by Orwell. Daily, in conversations with my friends, almost without fail, someone states that we are living “1984.” I am working on an article on Tort Reform, another of the big lies being spoken about by the likes of Harry Reid. Even though tort reform is not listed below, consider it a victim of Orwellian lies.

Below are some of my favorite references to “1984” from the Citizen Wells blog.

Big Brother had nothing on Barack & Michelle Obama

Obama Thought Police active in Missouri

AP misrepresents Hawaii Dr. Fukino press statement

Orwellian lies repeated – attempts to rewrite history

Washington Post rewrites article on Vivek Kundra

Orwellian press misrepresents Orly Taitz encounter with Chief Justice Roberts

Barnes & Noble allows attacks on Larry Sinclair book

Internet scrubbing

Internet attacks and attempts to suppress information

Obama camp attacks resemble 1984 hate speech

Obama repeats the lies and focuses hate

Thought police attack black Bishop

Anita Dunn heads Thought Police

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.”

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

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

October 24, 2009,  approx 7:50 PM ET.

“Obama declares swine flu a national emergency”

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

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

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

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

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

Read more:

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

 

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

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

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

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

https://twitter.com/FedUpUSA

http://fedupusa.org

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/

Hawaii Attorney General Mark Bennett, Leo C Donofrio, Update, October 19, 2009, Stonewaled In Hawaii, Where’s World Net Daily On This Issue?, Stonewalled, Attorney client privilege, Public statement

***  Update below ***

From Leo C Donofrio, October 19, 2009:

“Last week I published a report which established that Hawaii Attorney General Mark Bennett was invoking “attorney client privilege” as to the opinion issued to Department of Health Director Fukino wherein the AG reviewed and approved the July 27, 2009 press release which stated to the world that President Obama was born in Hawaii and is a “natural-born American citzen”.
 
Is there no story here?  Attorney client privilege was applied to a public statement?  How is that possible?  The statement was issued in a press release.  No privilege applies.
 
In part 3 of my UIPA report, I detailed the legal statutes and case law in Hawaii that demand the Attorney General opinion be made public.
Parts 1 and 2 of that same report explained how the Hawaii Uniform Information Practices Act (UIPA) gives “any person” standing to challenge in court the failure of a Hawaii state agency to release records which the public are entitled to.
 
Furthermore, I also detailed – here and here – how DoH Communications Director Janice Okubo has been running interference by failing to answer proper UIPA requests as is required by OIP administrative rules.
 
I am preparing a follow up on all of this which illustrates Okubo’s continued failure to answer UIPA requests under OIP administrative rules which has the effect of stopping all research.  Additonally, my appeals to the OIP have gone unanswered.
 
WHERE IS WND?
They are allegedly in possession of a petition with half a million names on it in support of political leaders investigating Obama’s POTUS eligibility.  My question to WND is – why don’t you investigate his eligibility by using the very simple devices listed in the UIPA?
 
All WND must do is write up a copy of the same questions we have asked… email it to Janice Okubo and then follow up with an OIP appeal and a judicial branch appeal (to be expedited to the front of the litigation calendar by statute).
 
I have always found the WND reporting on eligibility to be very convenient to the Obama administration.  They have chosen to focus on the sensational conspiracy theory aspects of the issue rather than the genuine legal problem he faces in that he was a British citizen at birth.  But if WND want to genuinely establish themselves as true  investigative reporters on the issue of Obama’s eligibility, all they have to do is make an effort to use the public disclosure laws available to “any person”.
 
I would be happy to write model UIPA requests, model appeals to the OIP and model judicial complaints to be filed in Hawaii Circuit courts for World Net Daily to act upon and to gather information.  Not only is Obama’s COLB available for discovery right now via these laws, but so is the Attorney General opinion which guided Fukino’s infamous July 27th press release as well as the original vital records she viewed which allowed her to state that Obama was born in Hawaii.
There’s no reason to be groping around in the dark looking for these documents in federal court rooms by people who have no chance of garnering standing.  Standing is granted to “any person” in Hawaii.  WND and all the other attorneys involved in POTUS eligibility should be using the UIPA laws in Hawaii, along with the OIP administrative rules and judicial precedent to get the information necessary for the country to have closure on Obama’s place of birth.
 
If Okubo tries to stonewall WND the way she stonewalls the rest of the public, then she can see her face and her replies spread over the front pages of WND.  And WND certainly has the resources to take this fight to the judicial branch in Hawaii.
 
Hawaii officials appear unwilling to work with me under their laws.  I will be filing law suits.  But I don’t see why WND and other interested attorneys continue to ignore the UIPA, OIP and judicial branch in Hawaii where standing is not an obstacle.  If your fight is to see the Obama birth records, then these laws make that possible.
 
I see a pattern emerging where the UIPA is ignored and the federal Quo Warranto statute is not followed properly.  It feels like a big attempt to keep public eyes away from true legal solutions while impossible exotic suits are brought in federal courts which have no subject matter jurisdiction for plaintiffs with undeniable standing issues.”

Read more:

http://naturalborncitizen.wordpress.com/2009/10/19/stonewaled-in-hawaii-wheres-world-net-daily-on-this-issue/

*** Leo C Donofrio update at October 19, 2009, 2:45 PM **

Point Made…

I’ve deleted my prior post so that the journal mentioned might reverse course now that I’ve made my point: that information is available from Hawaii for those who will call Hawaii to follow their own public disclosure laws.

No news journal can talk about this issue and deserve any respect if they aren’t willing to use the law available to them for research.  Research is to the media just as a hammer is to a carpenter – a necessary tool.  We shall now see if they are interested in doing their job or if they will continue to dodge that chore.”

Obama Kenyan Born June 27 2004 article in Kenya Sunday Standard newspaper, Internet scrubbing, AP article, Way back machine, Internet archives, Obama born in Kenya, Obama not natural born citizen

barackbama08usafrica

From early in 2008 to the present, those following the Obama eligibility scandals were aware of numerous reports of Obama being born in Kenya and repeated internet scrubbing.

I received the following email from Charles Kerchner at 2:17 AM ET this morning, October 16, 2009. The download that I did this morning apparently did not function properly and YouTube took longer than  normal to process the upload to them. Was some force working against me. I do not know.

“Since you are all covering this newly released/discovered webpage for the June 27, 2004 article in your news sites and blogs, and that the Obots are immediately labeling it a fake, I thought I’d share with you a video recorded by a volunteer research on July 9th, 2009 showing the documentation of the existence of the article’s page being found on the net early this year, but contents scrubbed … but then in early July the volunteer researcher found two copies in TWO (2) Way Back Time Machine process archives servers at two locations in the world.  The second system has not been revealed as of this time before, as of yet that I know of, while the first one was found and revealed by someone yesterday. This video evidence we had been saving is hereby being shown to you for news release via an attached video piece done by the researcher that shows that the June 27th, 2004 article found is not fake and existed on the net for quite some time and copies of the article were inventoried and were still in the Way Back Time Machine at two separate sites in the world on 9 July 2009.  We had not released this piece of evidence until now as we were awaiting getting to the discovery phase of our lawsuit against Obama & Congress, et al, waiting to get past the motion to dismiss made by the defendants and for which the Judge in our case is still not making a decision although the calendar scheduled decision date on that motion was set at August 3rd, 2009 by the court. But at this time we feel we should release this video for all to see.

See attached video proof from the evidence research conducted early this summer by a volunteer researcher for the Kerchner v Obama & Congress lawsuit that proves that the Obama was Kenyan Born article found was as published in the Sunday Standard newspaper in Kenya on June 27th, 2004. The article is real and was inventoried and archived by the Way Back Time Machine systems in 2004 on two separate world servers in the Way Back Time Machine process. See the video attached.

Sincerely,

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

The Post & Email has been doing a great job of covering Obama and posted an article revealing other news stories about Obama being born in Kenya.

“WIDESPREAD KNOWLEGE OF DIFFERENT BIRTH STORY”
“Even as the Hawaiian Advertiser scrubs their report of January 8, 2006, in which they identified Barack Hussein Obama as born overseas, 2 more African Newsites have come to light which report the former U.S. Senator as “Kenyan-born”.  The present report is a follow up to The Post & Email’s previous reports of

Oct. 14, 2009 — AP declares Obama “Kenyan-Born”!

Oct. 15, 2009 — Google’s archive shows Obama’s birth story has changed

To forestall any attempt at Internet revisionism, The Post & Email has cached and image captured the pages of each Nigerian paper, featured in this report.

The Nigerian Observer proclaims Obama “Kenyan-born” on Nov. 4, 2008”

 

“The Newspage Weekly of Nigeria proclaims Obama “Kenyan-born”
In a piece written after the national conventions of each party had chosen their candidates, that it, at about the  beginning of October, 2008: the Newspage Weekly published this article:”

Read more:

http://thepostnemail.wordpress.com/2009/10/16/2-more-african-news-agencies-declare-obama-kenyan-born/

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