Category Archives: Justice

Pete Hoekstra, Administration is Withholding Information on Fort Hood Attack, Army Major Nidal Malik Hasan, CIA, FBI, NSA, Obama said people should not jump to conclusions, Hoekstra ranking member on the House intelligence committee

From CNS News, November 9, 2009.

“Intel Committee Republican Says Administration is Withholding Information on Fort Hood Attack, Demands Preservation of Documents for Possible Congressional Probe”

“Rep. Pete Hoekstra (R-Mich.), the ranking Republican on the House Permanent Select Committee on Intelligence, said Monday that the Obama administration has been withholding “critical information” on the Fort Hood murders allegedly committed by Army Major Nidal Malik Hasan. 

Hoekstra is demanding that the Central Intelligence Agency, the Federal Bureau of Investigation, the National Security Agency and the Director of National Intelligence preserve documents relating to the incident for use in possible future congressional investigation.

“President Obama said people should not jump to conclusions about what happened at Fort Hood, but the administration is in possession of critical information related to the attack that they are refusing to release to Congress or the American people,” Hoekstra said in a statement. “I intend to push for intense review of this and other issues related to the performance of the intelligence community and whether or not information necessary for military, state and local officials to provide for the security of the post was provided to them.”

The Michigan lawmaker sent a letter Saturday to the top administration intelligence officials, saying he saw “serious issues” with their performance related to the Fort Hood murders, and indicating that the intelligence community had refused to comply with his request to review certain information related to the case.

As the ranking member on the House intelligence committee, Hoekstra is one of the so-called Gang of Eight–a group of lawmakers that included the leaders of the House and Senate and the leaders of the House and Senate intelligence committees–who are briefed on intelligence activities deemed too sensitive to share with the full intelligence committees.

“Over the past 24 hours, I have been made aware of information from the intelligence community that suggests the possibility that serious issues exist with respect to the performance of U.S. intelligence agencies in connection with what appears to have been a terrorism-related attack on Fort Hood, Texas by Nidal Malik Hasan,” Hoekstra wrote. “I am disappointed that the administration has not been more transparent with the American people.”
 
Hoekstra’s letter was addressed to Dennis Blair, the director of national intelligence (DNI); CIA Director Robert Mueller; FBI Director Leon Panetta and Lt. Gen. Keith Alexander, the director of the National Security Agency (NSA).

“Given the potential seriousness of these issues, I am troubled that the intelligence community has not been more immediately forthcoming with the congressional oversight committees and has refused to provide specific information I have requested to review in connection with this matter,” said Hoekstra.”

“As a result, Hoekstra requested that the CIA, FBI, NSA and DNI preserve all documents relating to the Fort Hood attack and related matters for potential investigation by Congress.

“I am requesting that you immediately issue a preservation order to all personnel in your agencies with respect to all documents and materials related to the Fort Hood incident and any related investigations or intelligence collection activities, including other potentially related threats,” Hoekstra wrote. “The record must be clear and complete with respect to these matters, which I am beginning to fear will require significant and serious oversight activity by the Committee.””

Read more:

http://cnsnews.com/news/article/56879

 

Citizen Wells vote, Tuesday, November 3, 2009, Voted against Obama agenda, Voted against modern day Democrat party, Against corruption, For US Constitution

I just returned from voting in NC, Tuesday, November 3, 2009.

I voted against the Obama agenda and the modern day Democrat Party.

I voted for upholding the US Constitution and rule of law.

I do not care for either party.

I voted a straight ticket.

I prefer to not vote a straight ticket.

However, this is an emergency.

I do not comprehend how an intelligent, well informed, concerned American voter can support the modern day Democrat Party.

Voting for Republican candidates was the lesser of evils.

However, going forward, all elected officials will be held more accountable.

I, and the rest of the American public, have had it with politically motivated, self serving politicians of all affiliations.

Let’s get by this emergency over the next year, vote out the jackasses in 2010, let all running for office know that we are watching them and expect them to act more like statesmen and less like politicians and return this country to a Constitutional Republic with liberty and justice for all.

Wells

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

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/

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

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

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

Bill O’Reilly’s

cowardly treatment of Orly Taitz

and the American Public

Part II

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

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

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

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

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

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

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

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

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

Read more:

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

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

Alonzo Monk pleads guilty

Part 1

 

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

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

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

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

Read more:

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

Sound familiar?

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

The real Rod Blagojevich, et al and Obama ties

 

December 22, 2008

Hospital CEO Wore Wire, helped build Graft Cases In Illinois

March 6, 2009

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

IL Health Facilities Planning Board rigged

August 10, 2009

Mercy Hospital kickbacks

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

Children’s Memorial Hospital seen as potential shakedown target

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

Valerie Jarrett and Michelle Obama’s job and salary

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

Obama healthcare, Chicago corruption

September 12, 2009

Planning board votes rigged for Mercy Hospital scheme

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

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

Cristopher Kelly dead, Planning board rigging
 

September 13, 2009

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

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

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

Citizen Wells clarification

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

Christpher Kelly’s role clarified
 
  

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

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

Truth about Obama Health care Reform

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

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

For additional insight:

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

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

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

“FOR IMMEDIATE RELEASE
24 October 2009

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

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

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

I agree with my attorney, Mario Apuzzo.

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

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

From Mario Apuzzo’s article:

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

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

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/