Category Archives: Judges

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

Posted on October 29, 2009 | 189 comments

To:

Judge David O. Carter

All judges, congressmen, state election officials

and citizens of the United States

From:

Citizen Wells

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

This comes direct from the 20th Amendment to the US Constitution.
“or if the President elect shall have failed to qualify,
then the Vice President elect shall act as President until
a President shall have qualified;”

Here is the complete article. Read it carefully.

 

US Supreme Court
Chief Justice

John Roberts

and

President Elect

Barack Obama

 

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

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

 

At noon on January 20, 2009, Joe Biden will be president
until a president shall be deemed qualified. This comes
direct from the 20th Amendment to the US Constitution.
“or if the President elect shall have failed to qualify,
then the Vice President elect shall act as President until
a President shall have qualified;”

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

Amendment XX

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

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

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

 

Amendment XXV

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

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

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

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

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

 

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

189 Comments

Posted in Announcements, Attorneys, Barack Obama, Barry Soetoro, Birth Certificate, Chief Justice, Citizens for the truth about Obama, Civil Complaint, COLB, Commander in Chief, Congress, Congress Watch, constitution, Constitution Hall of Shame, DC, Democrats, Election, Election 2008, Election Law, Election update, Federal Court, Founding Fathers, Government, Hawaii, Inauguration, indictment, Indonesia, Judges, Judicial misconduct, Justice, Justice David Souter, JUSTICE SCALIA, Kenya, Lawyers, Lies, Natural born citizen, News, Obama, Obama administration, Obama impeachment, Obama indictment, Obama lies, Obama Nation, Obama records, Senator Obama, Supreme Court, Supreme Court Justice, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US Department of Justice, US House of Representatives, US Senate, Usurper, voters, Washington DC, white house

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

Posted on October 29, 2009 | 97 comments

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

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

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

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

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

Read ruling:

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

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

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

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

Judge Carter, are you a coward?

Is there some other excuse?

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

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

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

Answer:

A natural born citizen of the US.

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

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

Besides that, this is not rocket science.

Obama is not POTUS.

No tradition,

No ceremony,

No magic incantation,

Changes that.

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

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

Citizen Wells

97 Comments

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

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Bill O’Reilly, 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

Posted on October 28, 2009 | 187 comments

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”

187 Comments

Posted in Announcements, Attorneys, Barack Obama, Bill O'Reilly, Birth Certificate, Citizens for the truth about Obama, Civil Complaint, COLB, constitution, Democrats, Dr. Orly Taitz, Election 2008, Election Law, Federal Court, First Amendment, Fox news, Government, Hawaii, indictment, Indonesia, Judges, Justice, Kenya, Keyes lawsuit, Lawyers, Major Cook, media, Military officers, Motion, Natural born citizen, News, O'Reilly, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Obama thugs, Senator Obama, The Case Against Barack Obama, U.S. Supreme Court, United States, US Constitution, US Department of Justice, US Military, Usurper, video, Washington DC, white house, YouTube

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

Posted on October 28, 2009 | 162 comments

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

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

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

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

Last night, Bill O’Reilly was a coward.

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

I also criticize O’Reilly for shooting the messenger.

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

Barack Obama

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

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

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

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

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

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

 

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


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

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

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

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

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

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

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

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

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

Sincerely,

CPT Pamela Barnett, U.S.Army Retired”

Read more:

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

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

bob strauss

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

Paulajal

“O’Reilly sucks!”

zachjonesishome

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

JJ

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

Teedee

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

bob strauss

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

joyceaz

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

carmen

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

bob strauss

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

carmen

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

Thanks Venice and SueK for the welcome.”

DenisetheMenace

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

SueK

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

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

Observer

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

Paxson

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

“Obama law tab up to $1.7 million

‘Grassroots army’ contributions used to crush eligibility lawsuits?

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

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

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

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

Smug bastid.”
SueK

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

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

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

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

speedy

“BOYCOTT O’REILLY and let people know”
carmen

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

162 Comments

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

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

Posted on October 27, 2009 | 219 comments

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

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

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

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

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

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

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

Read more:

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

219 Comments

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

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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

Posted on October 26, 2009 | 217 comments

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

217 Comments

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

Posted on October 25, 2009 | 162 comments

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

“FOR IMMEDIATE RELEASE
24 October 2009

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

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

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

I agree with my attorney, Mario Apuzzo.

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

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

”

From Mario Apuzzo’s article:

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

162 Comments

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

Posted on October 24, 2009 | 75 comments

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

October 24, 2009,  approx 7:50 PM ET.

“Obama declares swine flu a national emergency”

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

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

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

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

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

Read more:

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

 

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

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

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

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

https://twitter.com/FedUpUSA

http://fedupusa.org

75 Comments

Posted in 1918 flu pandemic, 2009 flu pandemic, Announcements, Associated press, Avian flu, Barack Obama, Bill of Rights, CDC, Citizens for the truth about Obama, Civil rights, Commander in Chief, Congress, constitution, Constitution Hall of Shame, Czars, DC, Deaths, Democrats, drugs, Elderly, Emergency, FEMA, First Amendment, Flu, Government, H1N1 virus, Habeas Corpus, Health Department, Health Insurance, Healthcare bill, Hospitals, indictment, Indonesia, influenza, Judges, Justice, Lies, Martial law, Medicare, Military officers, News, NWO, Obama, Obama administration, Obama indictment, Obama lies, Obama Nation, Obama records, Obama thugs, pandemic, Pharmaceuticals, press conference, Second Amendment, Secretary of State, Supreme Court, Supreme Court Justice, Swine flu, The Case Against Barack Obama, Thought Police, U.S. Supreme Court, United States, US Constitution, US Department of Justice, US House of Representatives, US Senate, Usurper, Vaccines, Virus, Washington DC, white house, WHO, World Health Organization

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Leo Haffey, Update, October 21, 2009, Leo released from jail, Nashville TN corruption, Attorney Leo Haffey freed from jail

Posted on October 21, 2009 | 169 comments

I received the following email at 1:47 PM ET today, October 21, 2009:

“10/21/2009

This e-mail is to inform you that LEO HAFFEY has been released from custody as of 10/21/2009.  If you have any concerns about your immediate safety, contact your local law enforcement agency, or if you have an emergency, call 911.

If you are a victim and need additional information, contact the county district attorney general’s office or Davidson County Sheriff’s Department.  The telephone number to the facility is (615)862-8123.

This notification is sponsored by Tennessee SAVIN.  It is our hope that this information has been helpful to you.

Thank you,”

Blogger Aristotle the Hun will be providing more information on corruption stories in Nashville, TN that Leo Haffey was writing about.

For more information on Leo Haffey stay tuned to Citizen Wells and check here:

http://freeleohaffey.blogspot.com/

169 Comments

Posted in Announcements, Attorneys, Civil rights, corruption, Criminal Complaint, Democrats, First Amendment, Government, Judges, Judicial misconduct, Justice, Law enforcement, Law firms, Lawyers, Leo Haffey, Nashville, News, Obama thugs, Political prisoner, United States, US Constitution, US Department of Justice, Writ

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

Posted on October 21, 2009 | 114 comments

***  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

114 Comments

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