Category Archives: Mario Apuzzo

Obama not president, Obama not natural born citizen, Internet billboard, Kenyan born, Obama sr Kenyan and British citizen, Sarah Obama, African news, Obama not eligible, US Constitution

Article II, Sec. 1, cl. 5 of the US Constitution
“No person except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this Constitution,
shall be eligible to the Office of President. . .”

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;”

According to the US Constitution, the supreme law of the
land, Barack Obama is not President of the United States.
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

I am sick and tired of good, hard working Americans being insulted, being ignored, being attacked for questioning the eligibility of Barack Obama. People that are supposed to look after our best interest and the best interest of this country, are taking their cues from political agendas, lazily accepting status quo or being bought. This includes the Mainstream Media, State Election officials, US Congressmen, judges of all ranks and certainly the Obama camp of left wing socialists. Even the best of those in the media, such as Bill O’Reilly, Sean Hannity and Glenn Beck have either stayed away from this constitutional crisis issue or joined in belittling “birthers.”

Many of us are guessing why those on Fox are not covering this issue. The consensus, I believe, is that Fox Management has said no to covering this issue. Even if the people doing research for Fox were restrained or bought off, O’Reilly, Hannity and Beck are not stupid enough to not get it.

So, therefore, The Citizen Wells blog is going to do two things.

1. Each day, a fact sheet, truths and facts that are self evident about Obama’s eligibility including interviews with Sarah Obama, Barack’s Kenyan grandmother, facts about Obama’s birth and reports from media in the US and Africa. This will serve as an Internet Billboard and will be posted everyday until either someone in the MSM accurately reports on this or action is taken by a judge or elected official.

2. I am issuing a challange to Glenn Beck, Sean Hannity, Bill O’Reilly and others in the media to step up and do their jobs. I will answer any questions they may have, debate them and I challenge them to dispute the facts.

To my knowledge, the only person in the MSM who has covered Obama’s eligibilty issue to any extent is Lou Dobbs and he did this on CNN of all places. Mr. Dobbs consistently stated his no brainer question again recently on the O’Reilly show on Fox. Lou Dobbs on CNN earlier referred to the COLB presented by the Obama camp as a piece of paper referring to another piece of paper. He then simply stated why doesn’t Obama present an authentic birth certificate. We applaud you Mr. Dobbs. This is such a common sense basic question to ask yet few in the media have asked it.

The eligibilty issues surrounding Barack Obama have been extensively covered on this blog and many other sites. To not cover this on the mainstream media is certainly unprofessional, un American and I believe criminal.

I am challenging those in the media to do their jobs, to serve their customers, their fellow Americans and cover this crisis. You are being out scooped and many of you are going down the tubes fast. That is no surprise. I am also challenging those on Fox, the only TV network to seriously question Obama and his agenda. O’Reilly, Hannity and Beck, if you do not cover this story, it will eventually rise to the surface and you will be lumped together with the masses of biased, leftist, talking heads that pretend to do journalism and reporting.

I am personally challenging you. Anyone have the guts and integrity to take me and the American people on?

Wells

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/

 

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

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

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

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

“FOR IMMEDIATE RELEASE
24 October 2009

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

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

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

I agree with my attorney, Mario Apuzzo.

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

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

From Mario Apuzzo’s article:

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

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

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

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

Wednesday, October 21, 2009

Judge Simandle Has Granted the DOJ’s Motion to Dismiss

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

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

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

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

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

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

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

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

***  UPDATE  ***

FOR IMMEDIATE RELEASE
21 October 2009

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

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

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

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

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

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

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

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

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

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

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

*** Later Update ***

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

Charles Kerchner, Sovereign Immunity, October 20, 2009, Kerchner V Obama, Mario Apuzzo, US Constitution, President and Congress not above the law, Quo Warranto charge against a usurper Putative President

Just in from Charles Kerchner of Kerchner V Obama, October 20, 2009:

“FOR IMMEDIATE RELEASE
20 October 2009

Kerchner: On the Sovereign and Sovereign Immunity – by CDR Kerchner

http://www.scribd.com/doc/17049463/

Kerchner: On the Sovereign and Sovereign Immunity

In the case of constitutional issues We the People and/or the Constitution created by We the People are sovereign. The fundamental law of our nation, the Constitution, can only be changed by amending it by the process provided in that Constitution, not by a branch of the federal government usurping or ignoring it. Congress cannot amend the Constitution by itself and certainly not with a simple majority vote. It takes a vote of 2/3 the members of Congress to put forward such an amendment to the several states and ratification by 3/4 of the several states of our nation. We are a Constitutional Republic, not a pure democracy. All rights and power not given to the federal government by the Constitution is reserved to the several states and to the People. See the 9th and 10th Amendments in the Bill of Rights for the details on that fact. We the People created the federal government enabled by the founding document, the federal U.S. Constitution. The Congress or the President cannot arbitrarily ignore the U.S. Constitution and those branches of the federal government cannot hide behind sovereign immunity. For if they can the Constitution is then no longer the supreme law of the land and the Congress and the President have placed themselves above that supreme law. We would no longer be a nation of laws if the supreme law of the land can be ignored and not enforced by the whims of the simple political majority in control of Congress.

I believe that Article I, Section 6, clause 1 protects the individual Senators and Reps from arrest and/or charges due to their speech and debate. It does not grant sovereign immunity to the Congress as a whole or the Senate as a body or the House as a body to totally ignore the Constitution, the “fundamental law” as Vattel describes such laws, and the foundational law of our federal government and nation. The sovereign power in our Republic is “We the People” and the Constitution we established to limit the power of the Federal Government, and thus the Congress which is part of that. Thus the Congress as a body in our government is not sovereign and thus cannot have sovereign immunity regarding charges that it as a body did not do its constitutional duty and/or ignored parts of the constitution. Who or what is the USA. It is the several states and We the People and the Constitution. It is not the Congress and it is not the President. The Constitution is the supreme and sovereign law. Congress is not sovereign and neither is the President and thus they cannot use sovereign immunity to betray and undermine the constitution. If the Congress is sovereign, then Congress would be the ultimate power and even be above the constitution. That is not our system of government. And that is not what Vattel taught either and wrote about a republic with a written constitution. The elected officials are our representatives and we acquiesce to them to run the government as long as they obey the Constitution and not ignore any part of the Constitution, the supreme law of the land, and that these elected representatives act in a way to protect our life, liberty, and pursuit of happiness which our patriot ancestors and many who have served since fought and died to obtain and keep for us. The written Constitution is supreme and sovereign as that contract was established by We the People acting through the several states. And it states it takes 3/4th of the several states via agreement of the People of those states speaking through their respective legislative body to change that sovereign law, the U.S. Constitution.

We the People are the sovereigns and the Constitution is the supreme, fundamental, sovereign law in our federal system. The President and Congress are not above the law. No executive order or statutory law passed by them is supreme to the Constitution and the inalienable rights of We the People. I did not swear an oath to defend a man or any particular person serving as the President or a piece land. I swore an oath to support and defend the Constitution. We the People retain the ancient right of the sovereign, which is us in our system, to bring a Quo Warranto charge against a usurper Putative President. And I did so in my lawsuit. Any order or law made by Congress or anyone else in our federal government which stands in the way of We the People’s inalienable right to protect our Constitution, which we created, from a usurper must fall. Those laws must fall by the wayside as subservient and that they are not applicable to blocking our inalienable rights and cannot be allowed to block the People getting answers in the federal courts to Constitutional questions. I swore an oath to support and defend the Constitution against all enemies foreign and domestic. I intend to do so.

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

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

barackbama08usafrica

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

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

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

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

Sincerely,

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

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

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

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

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

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

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

 

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

Read more:

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

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

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

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

 

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

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

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

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

Read more:

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