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






Related News

  • Schippers Exposes Impeachment Debacle, David Schippers interview by Insight Magazine December 8, 2000, Democrat Schippers book Sellout
  • Rosemary Jenks testimony April 30, 1997 before the Immigration and Claims Subcommittee, Judiciary committee of the US House of Representatives
  • Starr says Clinton ‘chose deception’, Clinton lied under oath obstructed justice and attempted to thwart not just Paula Jones’ sexual harassment lawsuit but Starr’s grand jury probe as well, House Judiciary Committee, CNN November 18, 1998
  • Judicial Watch finds pattern of lying by Clinton allies, Stephanopoulos sanctioned, Carville rebuked by court, Stephanopoulos warned on national TV of “Ellen Rometsch strategy” by “White House allies” to “bring down” perceived adversaries of Clinton Administration, Judicial Watch August 20, 1998
  • The Podesta cover-up, Top Clinton aide fighting impeachment, Implicated in cover-up of sale of Clinton Commerce trade mission seats for campaign contributions, Nolanda Hill testified in sworn affidavit and in open court, Judicial Watch September 23, 1998
  • Why is Clinton White House afraid of Dolly Kyle Browning?, Paula Jones witness prepared to testify in senate trial, Browning can testify to Clinton perjury threats and obstruction of justice, Judicial Watch January 11, 1999
  • Declaration of Dolly Kyle Browning March 6, 1998, Paula Jones’s lawyers released, Sexual relationship with Bill Clinton from mid-1970’s until January 1992, 1994 high school reunion encounter, “I agreed not to tell the true story about our relationship”
  • Browning Vs Clinton, Plaintiff’s expedited motion for leave to perpetuate testimony of threatened witnesses, Case No. 98-1991, Gennifer Flowers, Juanita Broaddrick, Linda Tripp, Monica Lewinsky, Paula Jones, Elizabeth Gracen, Kathleen Willey, Julie Steele, Sally Perdue
  • Leave a Reply

    Your email address will not be published. Required fields are marked as *

    *