Category Archives: Kenya

Kerchner v Obama & Congress lawsuit, Update, Charles Kerchner, November 25, 2009, Briefing Notice schedule, US 3rd Circuit Court of Appeals, Philadelphia PA

Just in from Charles Kerchner, lead plaintiff in the Kerchner V Obama & Congress lawsuit, November 25, 2009.

“25 Nov 2009 –  For Immediate Release

There is activity in the Kerchner v Obama & Congress lawsuit. The U.S. 3rd Circuit Court of Appeals in Philadelphia PA has issued a Briefing Notice schedule for the Kerchner v Obama & Congress case.

U.S. 3rd Circuit Court of Appeals Briefing Notice Issued for Kerchner v Obama & Congress Lawsuit:
http://puzo1.blogspot.com/2009/11/kerchner-v-obama-congress-3rd-circuit.html

Brief due dates for the Appeal are now set for 4 Jan 2010. We look forward to moving ahead with this very important constitutional case along the legal pathway to the ultimate decision maker for this historic and precedence setting lawsuit, the U.S. Supreme Court. They will determine the answer to the pressing legal question of what is a “natural born Citizen” of the USA per Article II constitutional standards and did Obama and the U.S. Congress violate the Constitution and statutory laws and my constitutional rights during the 2008 election cycle. And, the Supreme Court will also be asked to refer their legal definition to Congress to determine if Obama meets that legal ruled definition. I say Obama does not meet the founders and framers intent for the Article II eligibility clause. I say Obama is a deceiver and a usurper.

In the interim in addition to our internet efforts, we are running educational advertorials in print media to inform the general public of the issues.  See an example attached.  More examples can be seen at: http://www.kerchner.com/protectourliberty/advertorials.htm

Charles F. Kerchner, Jr.
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http://puzo1.blogspot.com/
We need your help and support.
See: http://www.protectourliberty.org/

 

Pastor James Manning, Obama thugs, CIA, November 16, 2009, First Amendment, Obama illegal alien, Atlah church, Tea parties, Obama Birth Certificate, Obama not qualified, Bible prophecy

Pastor James Manning has stated that he was visited by the CIA, Homeland Security and NY city detectives  because he has spoken out against Barack Obama and called Obama an illegal alien.

Obama may indeed be an illegal alien. In the absence of proof from Obama, he is not a natural born citizen and is ineligible to be president and therefore a usurper.

I can find no reason why Obama should not be immediately arrested for treason.

Barack Obama’s father was a citizen of Kenya and a British subject.

From a Citizen Wells article originally written January 19, 2009 and revisited October 29.

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.

Read more

 

To: The Obama Administration, the Obama camp, any law enforcement agency getting their marching orders from the Obama camp/thugs.

From: Citizen Wells and millions of American citizens.

We will not allow you to take this country to the next step of control that resembles Nazi Germany.

We will not let you trample on our First Amendment rights.

We will stand beside Pastor Manning and others that speak out against Obama and his socialist thugs.

If you arrest Pastor Manning, we will not stand back as those who did so in Nazi Germany.

We will take action that more closely resembles the action of the French storming the Bastille.

We will seek to demand justice through available legal channels, relying on the US Constitution as our guide.

God help us all if we are denied our rights.

Kerchner V Obama, Appeal, November 14, 2009, Update, Charles Kerchner, Mario Apuzzo, U.S. 3rd Circuit Court of Appeals, Philadelphia PA, Obama not natural born citizen

Just in from Charles Kerchner, lead plantiff in Kerchner V Obama, Congress, November 14, 2009.

“The Kerchner v Obama & Congress lawsuit has been appealed and is now formally Docketed by the U.S. 3rd Circuit Court of Appeals in Philadelphia PA as docket number 09-4209. Copy available via this link.”

http://puzo1.blogspot.com/

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

Kerchner v Obama & Congress – U.S. 3rd Circuit Court of Appeals – Philadelphia PA – Docket Report – Docket# 09-4209

http://www.scribd.com/doc/22556305/Kerchner-v-Obama-U-S-3rd-Circuit-Court-of-Appeals-Philadelphia-PA-Docket-09-4209

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”

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

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

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

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

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

Last night, Bill O’Reilly was a coward.

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

I also criticize O’Reilly for shooting the messenger.

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

Barack Obama

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

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

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

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

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

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

 

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


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

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

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

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

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

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

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

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

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

Sincerely,

CPT Pamela Barnett, U.S.Army Retired”

Read more:

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

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

bob strauss

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

Paulajal

“O’Reilly sucks!”

zachjonesishome

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

JJ

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

Teedee

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

bob strauss

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

joyceaz

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

carmen

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

bob strauss

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

carmen

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

Thanks Venice and SueK for the welcome.”

DenisetheMenace

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

SueK

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

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

Observer

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

Paxson

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

“Obama law tab up to $1.7 million

‘Grassroots army’ contributions used to crush eligibility lawsuits?

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

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

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

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

Smug bastid.”
SueK

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

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

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

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

speedy

“BOYCOTT O’REILLY and let people know”
carmen

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

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

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

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

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

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

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

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

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

Read more:

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

Harry Reid, Nevada, US Constitution Hall of Shame, Senator Reid disregard for Constitution, First Amendment rights, Deceptive Senate Health Care Bill, Taxation Is Voluntary, Presidential eligibility, Natural born citizen, Obama, Birth certificate, Freedom of press

Instead of writing one big article on Senator Harry Reid of Nevada, I will be writing a series of articles on Reid. Harry Reid is involved in so much dirty party politics and has negatively impacted this country in so many ways that one article does not do this subject justice.

Since Harry Reid was instrumental in ramroding through an illegal candidate for president, Barack Obama, and in supporting the usurper in office, it is fitting that we look at the core issue of why Harry Reid behaves as he does.

Harry Reid, as is true of many in Congress, has an ignorance of and disregard for the US Constitution. The Citizen Wells blog highlighted this fact by inducting Reid into the Hall of Shame in 2008.

The Citizen Wells blog and it’s well informed viewers and commenters are not the only ones to believe that Harry Reid has a disregard for the US Constitution.

From the Wall Street Journal, January 3, 2009.

“Harry Reid v. the Constitution”

“An Illinois court will eventually decide if Governor Rod Blagojevich is guilty of corruption. But on at least one issue he is more law-abiding than Majority Leader Harry Reid and fellow Democrats: the seating of Roland Burris to replace Barack Obama in the U.S. Senate.”

“Meanwhile, Mr. Reid and Washington Democrats are refusing to seat Mr. Burris, never mind their lack of authority to do so. As an initial matter, they’re hiding behind the Illinois secretary of state, who is refusing to certify the appointment. But Mr. Burris has asked a court to order the secretary of state to carry out what under state law would typically be a nondiscretionary duty. In any event, Beltway Democrats can’t inject themselves into what is clearly a matter of Illinois law.”

“While the Constitution says the Senate can determine its own membership, the Court in Powell interpreted Article I, Section 5 to say that “in judging the qualifications of its members, Congress is limited to the standing qualifications prescribed in the Constitution.” Nowhere in the Constitution is there a “qualification” saying that a Senator must not have been appointed by an embarrassing Illinois Governor.

Mr. Reid is also attempting the dodge of referring the matter to the Senate Rules Committee, which is run by Democrats, but the Powell precedent ought to be clear even to political lawyers. If Mr. Reid wants to banish Mr. Burris, he must first seat him and then persuade two-thirds of the Senate to expel him. Needless to say, the last thing Mr. Reid wants to do is create turmoil in his party by expelling an African-American Democrat whose only offense has been to accept an appointment to serve. But if Mr. Reid does go that route, we’d suggest worthier expulsion possibilities, such as Connecticut’s Chris Dodd, who received sweetheart mortgages from Countrywide Financial while sitting on the Banking Committee.”

“Republicans want Illinois to hold a special election for the vacant seat, and we recommended that ourselves (as did Mr. Obama) when the Blagojevich tapes first became public. But now that Mr. Burris has been appointed, Mr. Reid can’t legally deny him his seat. If this is the way Democrats are going to use their new monopoly on Beltway power even against a member of their own party, we’re in for an ugly couple of years.”

Read more:

http://online.wsj.com/article/SB123094461932550595.html

From American Thinker, October 9, 2009.

“Watching the Constitution Disappear”

“The President says the Constitution is defective, and now Senator Harry Reid is preparing the coup de grace.”

“Once Reid and Obama emerge from their transparent closed-door consultations on how to blend the two competing Senate Health Care bills, Senator Reid has a nifty parlor trick up his sleeve.  The normal course of legislative events would be to debate and vote on the bill on the Senate floor, and then send the result to a House-Senate conference committee.  The committee would then blend the final House and Senate bills into a product acceptable to both houses.”

“The rub here, and the reason Senator Reid has conjured up his little parlor trick, is the Constitution of the United States, Article I, Section 7:
All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills.
Technically the amended bill will have originated in the House, in the same manner that a blank piece of House letterhead stationary originates in the House.  This trick has apparently been used for expediency on past occasions, but the far-reaching and perhaps irreversible effects in this case, combined with the obvious intent to pull a fast one on America, lead one to question the respect for the American people exhibited by our so-called representatives, aka our elected royalty.  Congress plans to employ a technicality to pay lip service to the Constitution, using the shell of a House bill to in effect make a hollow shell of the Constitution.”
 
Read more:

http://www.americanthinker.com/2009/10/watching_the_constitution_disa.html

 

Harry Reid has no regard for First Amendment Rights and freedom of the press.

From News Busters, August 30, 2009.

“Harry Reid Threatens Las Vegas Newspaper”
“Harry Reid, perhaps emulating the bullying tactics of an out-of-control Obama administration, has openly wished for the Las Vegas Review-Journal to ‘go out of business’ – a newspaper which has held opposing political viewpoints with the Senator. 

But then, is this really shocking coming from a veiled supporter of the Fairness Doctrine?

The comment came when Bob Brown, the Journal’s Director of Advertising, met with Reid at a Las Vegas Chamber of Commerce luncheon.  During the simple process of handshaking, an exchange in which most people with an ounce of class can pull off without issue, Reid said to Brown:  “I hope you go out of business.””

“Frederick’s column ends with this thought:   “…we serve notice on Sen. Reid that this creepy tactic will not be tolerated.”  The question remains, will Nevadans also serve notice come the election in 2010?”

Read more:

http://newsbusters.org/blogs/rusty-weiss/2009/08/30/harry-reid-threatens-las-vegas-newspaper

Harry Reid not only does not understand the law, he is out of touch with reality.

U.S. Senator Harry Reid – “Taxation Is Voluntary”

 

From Letters sent to Harry Reid regarding eligibility issues surrounding Barack Obama. This was part of the US Constitution Hall of Shame effort on this blog.

Letter 1

“I received the following letter and wrote a response to Harry Reid after an e-mail I sent him in November imploring him and all leaders to uphold the Constitution. He of course is one of the biggest idiots in the whole Washington elite THUGS!!! I will also post the letter and response my husband sent him in a seperate post. My initial e-mail to all elected officials in the state of Nevada…………………………….=============================

To Whom It May Concern:

I am a citizen of the United States of America and specifically the state of Nevada. Many of our citizens are getting caught up in what they are coining a “historic election” in electing the first black man to the highest office in our land. However, as a concerned citizen and patriot I am demanding that all of you state officials who represent my voice……. demand that we know who the people of this country elected to be POTUS in the name of Barack Obama.

He has not been forth coming with a lot of his background and history. We have not seen his official birth certificate that contains a state seal. My husband was born in 1961 also and his official birth certificate looks nothing like the one Mr. Obama is trying to pass off as authentic. No one has seen any detailed medical documents. A one page note from a doctor stating he is okay is not sufficient. My daughter needs more than that to be admitted back into school after a 3 day absence!!!

It is a requirement per our Constitution that anyone wishing to be POTUS must be a “natural born citizen”. To date no one has seen Mr. Obama’s birth certificate except for two people in Hawaii who say it exists. Now Obama has ordered this information to be sealed. As an American citizen and registered voter I have a vested interest in learning the truth here and we need you to act and act NOW!!!!!!!!!

I can’t and won’t support this president-elect until he comes clean with who he is and if he meets all of the qualifications to hold the most powerful job in the world!!

AS OUR GOVERNMENT OFFICIALS YOU HAVE AN OBLIGATION TO US TO SEE THIS THROUGH BEFORE OUR CONSTITUTION HAS BEEN PROSTITUTED BY AN ANTI-AMERICAN FRAUD!!!!!

Sincerely,

Jacqlyn xxxxxxx
Henderson, Nevada

P.S. If you happen to be an official of the Electoral College then I am requesting you vote on December 15, 2008 against Barack Obama and for the real patriot in John McCain…… unless Mr. Obama proves to the American people before then that he meets all the requirements to become “our” leader and entrust “our” lives and the lives of “our” children to him!!!!”

Letter 1 response

“December 5, 2008

Mrs. Jacqlyn xxxxxxx
Henderson, Nevada 89052

Dear Mrs. xxxxxxx

Thank you for contacting me. I appreciate hearing from you.

According to Article I, Sections 2 and 3 of the Constitution, any person serving in the United States House of Representatives must have reached the age of twenty-five and must have been a citizen of the United States for at least seven years, and any person serving in the United States Senate must have reached the age of thirty and must have been a citizen of the United States for at least nine years. In addition, Article II, Section 1 mandates that a person must have reached the age of thirty-five and be a natural born citizen in order to serve as President of the United States.

As you mentioned, some reports have surfaced that my former colleague, President-Elect Barack Obama, is not a natural-born American citizen. These reports are false. Barack Obama was born on August 4, 1961, in Honolulu, Hawai’i. His birth certificate is a matter of public record of the State of Hawai’i and is available online through various news sources, as well as on the Web site for the nonpartisan, nonprofit Annenberg Political Fact Check: http://www.factcheck.org. I hope you find this information useful.

Again, thank you for taking the time to share your thoughts with me. For more information about my work for Nevada, my role in the United States Senate Leadership, or to subscribe to regular e-mail updates on the issues that interest you, please visit my Web site at http://reid.senate.gov. I look forward to hearing from you in the near future.

My best wishes to you.

Sincerely,
?
HARRY REID
United States Senator
Nevada”

Response to Harry Reid’s response:

 

“HR:=========================My e-mail responding to his Dec. 5th e-mail!!!! Quite pathetic…..I haven’t heard from him since!!!

Mr. Reid—-Please look at the above e-mail I received from you!!! Is this a joke??? Do you really believe you can fool all the people all of the time? What you have written here is a lie and what Mr. Obama is trying to pull over on the American people is a CRIME!!! How stupid do you think we are??? Now ….as an elected official for the state of Nevada, I demand that you uphold the Constitution or you too will be committing a crime of TREASON!!! Now don’t send me this type of e-mail again until you show me the authentic, original vault copy of Mr. Obama’s birth certificate!!!! What you are telling me to check is not a copy of his original birth. The place you are sending me to has already been checked and everyone knows it is a FRAUD and not what is appropriate evidence to show one is eligible to be President. If you think it is then you have no right representing me in Washington. I would term you to be as stupid as stupid could be!!!! As my state’s Senator I will be waiting for your reply and it better not be the nonsense you just sent OUT!!!! THIS IS

UNBELIEVABLE!!!!! DO YOUR JOB THAT WE TAX PAYERS PAY GOOD MONEY FOR!!!!!!

Your constituent and your BOSS,
Jacqlyn xxxxxxx
Henderson, NV 89052

P.S. I can’t believe you expect me to accept this e-mail as true. I will be saving your e-mail as proof that you too are trying to fool the American people by sending out false information!!! You really are an arrogant SOB!!!!

 

Jacqlyn xxxxxxx
Submitted on 2008/12/30 at 5:20pm”

 

And now the response my husband got from Mr. Reid and what my husband told him…..My husband is much nicer than ME!!!!!

 

“From: correspondence_reply@reid.senate.gov [mailto:correspondence_reply@reid.senate.gov]
Sent: Friday, December 05, 2008 1:36 PM
To: xxxxxxx
Subject: Correspondence from Senator Reid

December 5, 2008

Mr. Patrick xxxxxxx
Henderson, Nevada 89052

Dear Mr. xxxxxxx:

Thank you for contacting me. I appreciate hearing from you.

According to Article I, Sections 2 and 3 of the Constitution, any person serving in the United States House of Representatives must have reached the age of twenty-five and must have been a citizen of the United States for at least seven years, and any person serving in the United States Senate must have reached the age of thirty and must have been a citizen of the United States for at least nine years. In addition, Article II, Section 1 mandates that a person must have reached the age of thirty-five and be a natural born citizen in order to serve as President of the United States.

As you mentioned, some reports have surfaced that my former colleague, President-Elect Barack Obama, is not a natural-born American citizen. These reports are false. Barack Obama was born on August 4, 1961, in Honolulu, Hawai’i. His birth certificate is a matter of public record of the State of Hawai’i and is available online through various news sources, as well as on the Web site for the nonpartisan, nonprofit Annenberg Political Fact Check: http://www.factcheck.org. I hope you find this information useful.

Again, thank you for taking the time to share your thoughts with me. For more information about my work for Nevada, my role in the United States Senate Leadership, or to subscribe to regular e-mail updates on the issues that interest you, please visit my Web site at http://reid.senate.gov. I look forward to hearing from you in the near future.

My best wishes to you.

Sincerely,
?
HARRY REID
United States Senator
Nevada”

Husband’s reply to Reid

“Dear Senator Reid,
Though the question of the authenticity of Senator Obama’s birth certificate is still in question – Sen. Obama has ties to the “non-partisan” factcheck.org” cited in your correspondence – even had he been born in Hawai’i, the federal law at the time would have caused him to have assumed the citizenship of his father. His father was born in Nigeria, a British colony at the time; therefore, Barry was born a British citizen as the USA did not allow dual citizenship in 1961.

One would think that you, with all of your resources and experience, would be aware of this. Perhaps if you were a bit more enlightened and more desirous of the truth rather than political gain, you might try and represent your constituents and put this issue to rest before a grave injustice is done and Barry is sworn in as POTUS.

Once again, I am disappointed in the “Democratic” process that you and your ilk feign to carry out.

Thank you for the form letter response and feel free to re-adjust your blinders.

Best regards,
Patrick xxxxxxx”

December 30, 2008 – Harry Reid enters US Constitution Hall of Shame

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

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

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

Wednesday, October 21, 2009

Judge Simandle Has Granted the DOJ’s Motion to Dismiss

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

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

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

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

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

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

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

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

***  UPDATE  ***

FOR IMMEDIATE RELEASE
21 October 2009

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

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

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

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

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

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

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

It is important to understand that the Court did not rule that Obama has conclusively proven that he was born in Hawaii. It is also important to understand that the Court did not rule that Obama is an Article II “natural born Citizen.” Rather, the Court dismissed the plaintiffs’ case because of jurisdiction and the political question doctrine without commenting on the underlying merits of whether Obama is constitutionally qualified to be President and Commander in Chief of the Military. The Court also did not rule that the plaintiffs’ claims are frivolous. Given the nature of the Court’s decision, the American People unfortunately still do not know whether Obama is constitutionally qualified to be President and Commander in Chief.

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

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

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

*** Later Update ***

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