Category Archives: Supreme Court Justice

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

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

“FOR IMMEDIATE RELEASE
24 October 2009

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

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

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

I agree with my attorney, Mario Apuzzo.

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

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

From Mario Apuzzo’s article:

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

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

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

October 24, 2009,  approx 7:50 PM ET.

“Obama declares swine flu a national emergency”

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

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

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

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

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

Read more:

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

 

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

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

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

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

http://fedupusa.org

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

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

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

Wednesday, October 21, 2009

Judge Simandle Has Granted the DOJ’s Motion to Dismiss

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

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

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

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

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

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

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

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

***  UPDATE  ***

FOR IMMEDIATE RELEASE
21 October 2009

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

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

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

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

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

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

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

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

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

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

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

*** Later Update ***

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

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

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

“FOR IMMEDIATE RELEASE
20 October 2009

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

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

Kerchner: On the Sovereign and Sovereign Immunity

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

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

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

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

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

Philip J Berg, Update, September 18, 2009, Interview, MommaE blog radio, Status of 3 cases, Berg lawsuits, Obama not eligible, Obama not natural born citizen

Philip J Berg, who filed the first lawsuit in August 2008, claiming that Barack Obama is not eligible to be president, will be interviewed on MommaE blog radio tonight, September 18, 2009 at 8:30 PM ET. Philip Berg will provide updates on his 3 cases. Attorney Berg also warned in 2008 that if we did not resolve this eligibilty issue before the general election, that we would have a constitutional crisis. That is exactly what has happened.

“Hi,
 
I just want to let you know that tonight’s guest will be Attorney Phil Berg.  Phil will be giving us updates on the status of his 3 cases that are alive and well, plus telling us the true information about a Subpoena that surfaced a few days ago with his name on it.. 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”

Natural Born Citizen, US Constitution, Kerchner update, August 6, 2009, Founding Fathers, Obama not natural born citizen

I received this update from Charles Kerchner of the Kerchner V Obama lawsuit.

From attorney Mario Apuzzo:

“Thursday, August 6, 2009

Article II, Sec. 1, cl. 5 of the Constitution provides in pertinent part: “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. . .” In this clause and in Articles I, III, and IV, the Founding Fathers distinguished between “Citizen” and “natural born Citizen.” Per the Founders, while Senators and Representatives can be just “citizens,” the President must be a “natural born Citizen.” Through this clause, the Founders sought to guarantee that the ideals for which they fought would be faithfully preserved for future generations of Americans. The Founders wanted to assure that the Office of President and Commander in Chief of the Military, a non-collegial and unique and powerful civil and military position, was free of all foreign influence and that its holder has sole and absolute allegiance, loyalty, and attachment to the U.S. The “natural born Citizen” clause was the best way for them to assure this.

That the “natural born Citizen” clause is based on undivided allegiance and loyalty can be seen from how the Founders distinguished between “citizen” and “natural born Citizen.” This distinction is based on the law of nations which became part of our national common law. According to that law as explained by E. Vattel in his, The Law of Nations (1758), a “citizen” is a member of the civil society. To become a “citizen” is to enter into society as a member thereof. On the other hand, a native or indigenes or “natural born Citizen” is a child born in the country of two citizen parents who have already entered into and become members of the society. Vattel also tells us that it is the “natural born Citizen” who will best preserve and perpetuate the society. This definition of the two distinct terms has been adopted by many United States Supreme Court decisions. (The Venus, 12 U.S. 253 (1814) and Minor v. Happersett, 88 U.S. 162 (1874) to cite just two.) With the presidential qualification question never being involved, neither the 14th Amendment (which covers only “citizens” who are permitted to gain membership in and enter American society by either birth on U.S. soil or by naturalization and being subject to the jurisdiction of the United States), nor Congressional Acts (8 U.S.C. Sec. 1401), nor any case law (e.g. U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)) has ever changed the original common law definition of a “natural born Citizen.” This amendment and laws have all dealt with the sole question of whether a particular person was going to be allowed to enter into and be a member of American society and thereby be declared a “citizen.” The 14th Amendment did not involve Article II, let alone define what a “natural born Citizen” is. Never having been changed, the original constitutional meaning of a “natural born Citizen” prevails today. We can also see from these definitions that a “citizen” could have more than one allegiance and loyalty (acquiring allegiance from one’s foreign parents or from foreign soil) but a “natural born Citizen” can have only one and that is to America (soil and parents are all united in one nation).

The original definition of “natural born Citizen” gives our Constitutional Republic the best chance of having a President and Commander in Chief of the Military who has sole and absolute allegiance, loyalty, and attachment to the United States. By satisfying all conditions of this definition, all other avenues of acquiring other foreign citizenships and allegiances (jus soli or by the soil and jus sanguinis or by descent) are cut off. Having all other means of acquiring other foreign citizenships or allegiances cut off is unity of citizenship which is what the President must have at the time of birth. Additionally, by requiring the child’s parents to be U.S. citizens best assures that those parents most likely will have absorbed American customs and values which, in turn, they will transmit to their child.

The “natural born Citizen” clause serves a critical purpose today and must be enforced in every Presidential election. The President has immense power, both civil and military. The clause assures the American people that their President does not have any conflicting allegiances or loyalties. In our nuclear world, it will avoid having a President who may hesitate to act quickly and decisively in a moment of crisis due to some internal psychological conflict of allegiance or loyalty. It will avoid any foreign nation expecting and pressuring the President to act in their best interest instead of that of America. The clause gives the American people the best chance that they will not be attacked from within through the Office of President. Knowing the President is a “natural born Citizen,” the American people will trust their President with their lives. Finally, such a President can expect that the military will give him or her full trust and obedience.

When President Obama was born in 1961, under the British Nationality Act 1948, both his father and he were British subjects/citizens. In 1963, they both became Kenyan citizens. In fact, Mr. Obama’s father was never even a legal resident or immigrant of America. Hence, regardless of where Mr. Obama was born or that he may be a United States citizen under the 14th Amendment, he is not an Article II “natural born Citizen” and not eligible to be President. This ineligibility has absolutely nothing to do with his race or class but all to do with his being born with multiple citizenships and allegiances and not satisfying the strict eligibility requirements of Article II. If someone believes that today the “natural born Citizen” clause no longer serves any useful purpose, then the proper way to change or abandon it is by way of constitutional amendment under Article V of the Constitution, not by usurpation.

Mario Apuzzo, Esq.”

Read more about the lawsuit here:

Obama Kenyan Birth Certificate, August 3, 2009, Obama Kenyan evidence, Sarah Obama, 2008 reports, Mombassa consistent, August 4, 1961

I posted a copy of the alleged Obama Kenyan birth certificate yesterday, August 2, 2009, because it is news. I do not know if it is legitimate or not. I will simply wait for authentication by experts. However, I have believed for many months that Obama was born in Kenya. The citizen Wells blog has posted articles about Obama being born in Kenya, but it was never the major part of uncovering the real Obama. This blog has always considered Obama not being a natural
born citizen, Obama’s strong ties to Chicago and IL corruption and the multiple facets of the Larry Sinclair story to be the show stoppers.

The first time I recall hearing about Obama being born in Mombassa and Kenya was from the Wayne Madsen Report:

“February 25, 2008, operatives dispatched to Kenya finds Obama birth certificate from the Kenyan city of Mombasa WMR — GOP dirty tricks operatives dispatched to Kenya to dig up any useful “dirt” on Democratic presidential nominee Barack Obama, Jr., and his late Kenyan father Barack Obama, Sr., believe they have found a “smoking gun.” In this case, it is a birth certificate from the Kenyan city of Mombasa registering the birth of Barack Obama, Jr., on August 4, 1961.”
Since we are waiting for validation of the Kenyan birth certificate, it is fitting to revisit some Citizen Wells articles that reveal more insights into the possibility of Obama being born in Kenya.

From November 3, 2008:
“Bishop Ron McRae, who assisted Philip J Berg with the Sarah Obama tapes that stated she witnessed Obama’s birth in Kenya, has sent a letter to this blog. Citizen Wells has confirmed that the letter is from Bishop McRae. Sarah Obama is Barack Obama’s paternal grandmother. Bishop McRae provided an affadavit of authenticity for the tape. Here is the letter from Bishop McRae:

“The seriousness of the hour, behooves all natural born American citizens to pray that God will help, and have mercy on this country in this hour of unprecedented compromise of our Constitutional Rights and the electoral process that has made America great. Our interview of Sarah Obama speaks for itself. The liberal bloggers can make of this preacher what they want, who is neither a self proclaimed bishop, or a partisan supporter of McCain, out to get Obama. As the Continental Bishop of The Anabaptists Churches of North America, this preacher was unanimously elected to that office by the statewide bishops and elders sitting upon our National Presbytery. Howbeit, who this preacher is or is not, is not the issue, but rather, WHO BARACK OBAMA is.
This preacher believes Obama’s grandmother. I do not believe Barack Obama. It now rest with the Supreme Court to either uphold the Constitution, or ignore it. But all of history, and the upending of the future of America depends upon David Souter and the Supreme Courts’ courage or lack of it, in requiring Obama to step forward and call his grandmother a liar or greatly deceived, by the absolute and official proof of his natural born citizenship. The officials in Kenya throughout the registrar’s office in both Mombassa and Nairobi have told us that he was born in Kenya, and they will tell you verbally that the records have always existed, both for Obama’s birth, and the birthing records of his mother. But the government, under orders from Barack’s cousin Raila Odinga have sealed and confiscated the files to keep them top secret. The government employees know the truth, but fear for their lives in a most serious way. Our preacher, Kweli Shububia (Swahili for “True Witness”, his name has been changed to protect his identity and safety) has already received a mulititude of death threats and has fled the country for his safety. The muslims are already massing throughout Kenya, especially around Kisumu, just as they did last December during the Kenya elections, and brandishing machettes and clubs, threatening to kill every white American and Christian if Obama is not elected President.
This man Obama, whoever he is, increasingly appears to be a part of a great conspiracy to defraud the American people of a lawful and constitutional election. God deliver this nation from so great harm, to us and our children.

By the grace of God alone,
Ron McRae
Bishop
Anabaptists Churches of North America”
“Additional comment from Bishop McRae November 3, 2008:

“Thank you very much Mr. Wells. Please extend my thanks and appreciation to Mr. Schreiber. These are very serious issues, and we lost a lot of Christians in Kenya this year because of Obama and his cousin. I sincerely believe that, and have weighed the cost in the balance before submitting the afidavit. The delays that a lot of bloggers have errantly accused Mr. Berg of last week, were caused by me and our national presbytery, while we prayed and seriously considered the concequences of revealing the conversation with Sarah. Her life now as well could be in danger for telling the truth.

Very few people understand African culture for women who are expendable. And no one knows the heavy burden now on this preacher over the safety and lives of our people in Kenya over this matter.
Thank you both for your understanding in all these things. May God have mercy on America.
Bishop Ron McRae
Anabaptists Churches of North America”

Citizen Wells article

From November 11, 2008:

““Take my lands, my liberty and my life for my refusal to neither serve nor obey this god-man Obama. But you will never have for your lies the surrender of my conscience before God, my family and this Republic. God Almighty helping this old man for Christ sake!””
““If the foundations be destroyed, what can the righteous do?”

                                                                                -Psalm 11:3

      The very foundation of this country was laid upon this precept, “that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness”. 2 Howbeit, with that foundational declaration came two other “self evident” truths, the first of which was our fore fathers’ declaration of the very existence and dependence upon our Creator who endowed such rights as we suppose them to be upon us; and also this exhortation of cautious patience, that “prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed”.

      Yet in these dark days where Governmental ends have in Tyrants’ minds, justified their means, to an irreversible hour that the inexplicable corruptions and abuse of Governmental powers “derived from the consent of the governed” have created even in the minds of a peaceful, obedient people these very same revolutionary thoughts that fearfully started this great country, and yet now contemplate the abolishment of that very state which for over two centuries has been the noblest means for securing a peoples’ undeserved endowment from their Creator. This author dares say “undeserved” in that, if such “unalienable rights” be endowed from our Creator, then such endowment lands upon we Creatures3 here below, the mere acknowledgment of such doth bind us to serve Him for the indebtedness of such endowment; and by such noble servitude we soundly proclaim that in this one universal state of being “all men equal”, we are not before God a Free People in deed of this single most indebtedness to God.” 

 

      “And to add to these unbearable torments, in these last days, Government now forces upon us an unbearable injustice, and trampling of the Constitution of the United States, in thinking to force the people to accept a foreigner as the President of this Republic, ignoring the single most important qualification for the highest office in our land, that such a one, not just gain such “power by the consent of the governed”, but that he be naturally born amongst us as one of us. There has never been an alternative option to replace “a natural born citizen” as the President of these United States. The Constitution knows no such option. Howbeit, the Federal Courts have repeatedly refused the people’s right to challenge such unprecedented trampling and violation of what the Constitution clearly says, and to date refuses to require such an Imposter to prove his “natural born” citizenship. Those who challenge such facts are libeled as racists, when nothing further could be true. With repeated Constitutional challenges to this Dreamer’s fraud upon the Constitutional requirements that he be “naturally born” among us, lying dormant before the Highest Court, where Justice Souter has no ears to hear it Constitutionally, nor courage to act to enforce such, What are Peaceable Men to Do? What is it that God requires of Peaceable Men and lovers of liberty to do? For fifty years the Tyrants in Washington have taken God from the minds of the people foremost, so that the Law is King, and tyranny will decide what is law! Now men cower under an overwhelming despotism that rattles its sword and murders its own people, to suppress the voice of God and the people, so that silence is the sound of good men dying as Tyrants march them over the precipice of an antichrist rule of death over the Republic for which we all once stood! Men are want to know what saith the Lord God and Creator of all men equal!”
 “With the Unconstitutional ascension to the highest office of our Land, a man that by means of his very birth, is by the Constitution unqualified to hold the Office of President, we are now faced with an unprecedented constitutional challenge to the free people of this Republic, to either surrender that blessed document that our fathers laid as the very “foundation” of law from which we define and derive all unalienable rights from God Almighty, or map for ourselves as our fathers mapped for us, another course of history, guided by prudence, supported by the Constitution, and blessed and directed of God. To fail in any of these three, will ultimately and tragically destroy the very foundation we seek to preserve, and abolish all that history has known as the United States of America.”

Citizen Wells article

Here are two instances of Sarah Obama stating that Barack Obama was born in Kenya.

 

ViewSarah Obama conversation transcript