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Tuesday, April 28, 2009

More Delays. USA/Obama Say They Need 124-Days to Answer; Congress 117 Days

See the copy of the court documents electronically filed by the defendants on Monday, April 27, 2009:
http://www.scribd.com/doc/14705757/

The lawyer for USA and Obama, Elizabeth A. Pascal, who works in the office of Ralph J. Marra, Acting United States Attorney, is now asking the Court a second time through her motion for more time to answer for the defendants.

Initially, Ms. Pascal only represented the USA and Obama, whose answers or motions were initially due on April 20, 2009. Ms. Pascal requested and obtained an extension to file her responses to May 5, 2009.

Now Ms. Pascal states in her declaration that former Vice President Cheney, the House of Representatives, and Speaker Pelosi have asked that the Department of Justice represent them in the action. She adds that the Justice Department is also deciding which Congressional defendants (meaning Congress, Senate, House, Cheney, and Pelosi) it will represent. Pending the Justice Department making that decision, she is moving the Court for an order allowing all the Congressional defendants more time to answer or otherwise move. She includes in her request additional time for the USA and Obama to answer, whose answers are now due on May 5, 2009.

Ms. Pascal made her motion returnable June 1, 2009 and is asking for an order that she be allowed to file an answer or otherwise move within 20 days of the date of the order to be entered by Magistrate Judge Joel Schneider. This means that if Magistrate Judge Schneider signs the extension order on June 1, 2009, the defendants' answers or motions will be due by June 21, 2009.

Whether or not the President of the United States is eligible for the Office he currently occupies is of utmost national importance. Every passing day Mr. Obama takes executive action that significantly impacts on the lives of Americans. The USA and Obama have already been granted one extension to answer to May 5, 2009. They have therefore been given 77 days to answer. This is enough time for them to answer. With an extension to June 21, 2009, USA and Obama are asking for 124 days and the Congressional defendants are asking for 117 days to answer. Court rules only allow them 60 days. Such delay is not in the national interest and not acceptable. As to the Congressional defendants, a twenty-day extension for them to answer is reasonable, making their answer due by May 18, 2009. Given the national importance of the issues, an extension for all defendants to answer by June 21, 2009 is not acceptable.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo [AT] erols.com
TEL: 732-521-1900 ~ FAX: 732-521-3906
BLOG: http://puzo1.blogspot.com

P.S. Also, please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our U.S. Constitution by [Clicking Here].
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31 comments:

James said...

I can't agree more. But, it is part of their stonewalling effort. They will do everything they can to stop or otherwise slow the path to justice down to snail's pace. I am not a bit suprised they are stonewalling. They will attempt to stonewall more and more hoping that this case will never get to be heard....until 4 years has passed and by that point the whole issue will be moot.

I hope you sucessful in stopping the stonewalling efforts of Obama's confederates.

shakes said...

"We the people" have waited long enough and the IMPOSTER has done enough destruction to the USA we need answers NOW and not in two months!!!!

rxsid said...

Keep up the good work Mario! You are truly a blessing to our country and to our Constitution.

The truth shall prevail!

James said...

I called Jeffery Taylor's Office....

It seems that the number posted 202-514-7566 leads to a front-end receptionist in the Attorney's office. The lady I talked to sounded black and was no doubt an Obama supporter. I told her that I supported and that Jeffrey Taylor needs to enact Federal Statute 3501 Quo Warranto against Obama because he is ineligible to be the POTUS. The lady told that me my comment would be forwarded on and my voice is being heard. I doubt that my message will be forwarded but you never know. The lady would not release any other number of contact and said that all incoming calls lead to frond-end receptionists. If we really want to get to Jeffrey Taylor, I recommend the following suggestions:

1. Find the internal numbers that leads to Jeffrey Taylor's direct line or to his secretary or legal aid. That way you can bypass the receptionists and get someone in authority. This may require some research. See if you find the internal numbers and post them on the internet.

2. Research where and when Jeffrey Taylor will speaking to the press or will be otherwise available to the public for comment or question. Once, you find out that information, organize a front to attend and confront Jeffrey Taylor on this issue.

3. You have a large number of supporters. You should organize some supporters to make a visit to Jeffrey Taylor's office to get inside information and press this issue. Letters, emails and phone calls are too easily ignored. However, it is difficult to avoid persons who are on-site.


5. You should organize a group of supporters to get together to call the Sean Hannity Show, the Laura Ingram Show, and the Rush Limbaug Show to get on the air to get this issue out to the MSM. I recommend that your supporters don't reveal to the phone screeners that they wish to ask about Obama's ineligibility (You won't get on the air) but give a valid comment or question worthy enough to get on the air. Once they are on the air, they can ask the ineligibility question.

Anonymous said...

There was a rumor going around (I couldn't find the original link) that supposedly had an "inside" source saying that an Obama team was quietly working on a forged full length birth certificate with a faked raised seal. They said they were using a special printing press, special paper, and artificially "aging" the paper to make it appear authentic. It could have been bogus but, on the other hand, that would make sense with the stall tactics on this case.....

I sincerely hope the judge requires a true vault copy directly from the State of Hawaii although with all the nefarious connections and Chicago style politics, there's little doubt that he would be able to get someone there to "issue" the forged certificate once it's developed.

James said...

Just a Thought....

Why did Alan Spector Switch Parties?

Could it be that Obama fears your lawsuit.

Obama has to rig the system if you win your case and a judicial hearing is called on the matter.

If Obama gets all of the senators on his side, the hearing won't go anywhere.

Teo Bear said...

I have tried not to comment on any lawsuits, but I need to to belay some suspicions people have about a forged Birth Certificate. Unlike other lawsuits, this one is a unified approach with multiple defendants. In essence this case not only asks the court to make Congress redo the vote, but it also asks the court to define Natural Born Citizen and to instruct Congress to redo the vote under the light of the SCOTUS definition of a Natural Born Citizen, where emphasis is on natural and not Native Born.

I beleive history is on our side in that in the few times Congress did speak about Natural Born Citizens they had used the term parents in the plural. Jay's letter speaks of foreign influences and even the Congressional record talks about one of the causes of the war of 1812 being that Britain was impressing American citizens who were British Subjects a birth.

So we shouldn't worry too much about counterfeit birth certificates, but we should make an effort to educate our friends, family members and neighbors what a Natural Born Citizen is. A person born on the soil under the political control of the United States by two US Citizens as their natural birth parents. We need to make sure that we educate them that being born in the US, such as those called Anchor Babies are Native Born and not Natural Born.

mtngoat61 said...

Hi James,

Senator Arlen Specter is one of the named specific Senators in the lawsuit who were petitioned several times prior to January 8th, 2009 by the lead plaintiff seeking them to call for Congressional hearing about Obama's exact citizenship status and no response was given and no action was taken. See Pararaph 158 and End Note 28 and elsewhere in the lawsuit complaint. Also, since Senator Specter was on the judiciary committee and not calling for, speaking out, and/or taking no action on the matter of investigation Obama's eligibility when such investigations were done in the case of McCain in April 2008, Specter was protecting Obama from an investigation and hearings.

To see and read the complaint see:
http://www.scribd.com/doc/11317148/M Publius Goat
http://www.obamacitzenshipfacts.org

Anonymous said...

The Article II natural born eligibility clause is clear that any foreign nationality disqualifies the candidate. An unauthorized bequeathing of noble title, or dual nationality at birth, bar a candidate from holding the highest office.

Unlike Obama's narcissistic blurring of the law, a judge must interpret the law in a 'light most favorable' to its original intent. That is a legal process invoking reasoning substantiating the law, not diluting or dismissing it.

Working backwards, the lawmakers around the time of the 14th Amendment commented in no uncertain terms that a natural born citizen, as described in the constitution, required parents of U.S. allegiance and no other. That is the meaning of 'jurisdiction' because any foreigner is subject to the laws of the land he is visiting, but is only under the jurisdiction of his homeland.

John Jay wrote a letter to George Washington, insisting a president be required to be a natural born citizen to avoid foreign intrigue. Other contemporaries followed that reasoning.

Therefore, while SCOTUS in Perkins v Elg and Wong Kim Ark were careless with interchangable use of 'native born' and 'natural born,' their interpretations of immigration and naturalization law did not touch on 'natural born' as singularly applied to presidential eligibility.

From Vattel to John Jay, to Sen. John Bingham, 'natural born' means allegiance inherited naturally through the father (legal parent). Sole allegiance of the parents requires no naturalization or nationality law to dealienage the child, or allow discretionary citizenship of one nationality, or the other, at adulthood.

James said...

That's a great point Mountain Goat. Since Specter is on the judiciary committee, Obama figured he better get him to switch sides just in case Mario's case wins and Congress has to hold a hearing. It would be reasonable to assume that Specter would be intregrally involved in that hearing. But since Specter has now changed sides, even if Mario wins, I doubt any hearing will sway Specter and he will support Obama regardless.

I just think it is suspious that Specter has changed sides given the unique nature of Mario's lawsuit.

Of course, Obama or the MSM media would never reveal the true reasoning behind Specter's party change but those familiar with Mario's lawsuit know.

James said...

If you really want to see the media or Obama squirm, a member of the press, perhaps someone from World Net Daily should ask Specter or Obama if the party change has anything to do with the Mario Apuzzo Lawsuit. Boy would that be explosive!

Unknown said...

You rock Mario! Thank you for staying focused on such an important issue.

mike w. said...

I don't understand why we haven't heard about this on the Fox News Network. I hope there isn't a cover up there to. Maybe they are taking a wait and see approach. Anyway good luck with this. We may still be able to save America if we can prove this guy is a conman.

James said...

It is a media cover up. Hannity, Orielly, Greta, Karl Rove, Dick Morris and Newt Gingrich all know about it. They are under absolute and strict orders not to talk about this issue at all. If Hannity were to mention this issue, he would proably be instantly fired from Fox News. Obama controls the media including Fox News.

Myx said...

Of course its all a cover up. The PTB must want Obummer in office or he wouldn't have made it thru so many hoops. Obummer has unlimited funds (Our tax dollars on top of trillions out of thin air) to buy off whoever along the way that would expose the fraud. Stonewalling is an admission of guilt and cover up 100% of the time. Maybe just maybe the PTB want to purposely take Obummer down and cause Helter Skelter so to speak. The reality is that this whole Obummer in the White House fiasco is pure insanity.

MinutemanCDC_SC said...

In the body of U.S. laws and codes, are there corresponding laws or regulations to the following?

The Magna Carta (1215)40. To none will we sell, to none deny or delay, right or justice.

61. ...if we [kings and queens], or our justice, or our bailiffs, or any one of our servants shall have transgressed against any one in any respect, or shall have broken one of the articles of peace or security, and our transgression shall have been shown to four barons of the aforesaid twenty five: those four barons shall come to us, or, if we are abroad, to our justice, showing to us our error; and they shall ask us to cause that error to be amended without delay. And if we do not amend that error, or, we being abroad, if our justice do not amend it within a term of forty days from the time when it was shown to us or, we being abroad, to our justice: the aforesaid four barons shall refer the matter to the remainder of the twenty five barons, and those twenty five barons, with the whole land in common, shall distrain and oppress us in every way in their power,--namely, by taking our castles, lands and possessions, and in every other way that they can, until amends shall have been made according to their judnnent [judgment]. Saving the persons of ourselves, our queen and our children. And when amends shall have been made they shall be in accord with us as they had been previously. And whoever of the land wishes to do so, shall swear that in carrying out all the aforesaid measures he will obey the mandates of the aforesaid twenty five barons, and that, with them, he will oppress us to the extent of his power. And, to any one who wishes to do so, we publicly and freely give permission to swear; and we will never prevent any one from swearing.
http://www.britannia.com/history/docs/magna2.html

MinutemanCDC_SC said...

mike w. wrote, "I don't understand why we haven't heard about this on the Fox News Network. I hope there isn't a coverup there too."

Mike W., the Saudi royal family owns a 19% share of FOX. I don't know whether FOX controls FOX NEWS. But when Sean Hannity spoke about Barack Obama's Constitutional eligibility or ineligibility, he was hushed after five minutes. Barack Obama's "not-natural-born citizen" status has not been mentioned on FOX NEWS since.

However, the Hannity Blog has one of the best Barack Obama eligibility threads.

http://forums.hannity.com/
showthread.php?t=1216821

Unknown said...

I am thankful to God for all of your diligent and important efforts, Mr. Puzzo, regarding this whole situation.

May God help and be merciful to all His people and this nation and world during these times, that He would soon deliver us and reveal truth in all these matters, one way or another; and in God's will, that mercy and justice be done.

Also, may other brothers and sisters in Christ continue to fervently pray (and fast), and to ever more trust in the LORD:

Psalm 33:6-12 (KJV)
"By the word of the LORD were the heavens made; and all the host of them by the breath of his mouth. He gathereth the waters of the sea together as an heap: he layeth up the depth in storehouses. Let all the earth fear the LORD: let all the inhabitants of the world stand in awe of him. For he spake, and it was done; he commanded, and it stood fast. The LORD bringeth the counsel of the heathen to nought: he maketh the devices of the people of none effect. The counsel of the LORD standeth for ever, the thoughts of his heart to all generations. Blessed is the nation whose God is the LORD; and the people whom he hath chosen for his own inheritance."

Psalm 146:3-4 (KJV)
"Put not your trust in princes, nor in the son of man, in whom there is no help. His breath goeth forth, he returneth to his earth; in that very day his thoughts perish."

Jeremiah 17:5-10 (KJV)
"Thus saith the LORD; Cursed be the man that trusteth in man, and maketh flesh his arm, and whose heart departeth from the LORD...Blessed is the man that trusteth in the LORD, and whose hope the LORD is...The heart is deceitful above all things, and desperately wicked: who can know it? I the LORD search the heart, I try the reins, even to give every man according to his ways, and according to the fruit of his doings."

1 Corinthians 4:5 (KJV)
"Therefore judge nothing before the time, until the Lord come, who both will bring to light the hidden things of darkness, and will make manifest the counsels of the hearts:..."

Psalm 67:1-7 (KJV)
"God be merciful unto us, and bless us; and cause his face to shine upon us;...That thy way may be known upon earth, thy saving health among all nations. Let the people praise thee, O God; let all the people praise thee. O let the nations be glad and sing for joy: for thou shalt judge the people righteously, and govern the nations upon earth...Let the people praise thee, O God; let all the people praise thee. Then shall the earth yield her increase; and God, even our own God, shall bless us. God shall bless us; and all the ends of the earth shall fear him."

Unknown said...

Also, just to reply now to Marie's earlier comment:

"There was a rumor going around (I couldn't find the original link) that supposedly had an "inside" source saying that an Obama team was quietly working on a forged full length birth certificate with a faked raised seal. They said they were using a special printing press, special paper, and artificially "aging" the paper to make it appear authentic. It could have been bogus but, on the other hand, that would make sense with the stall tactics on this case....."

Not certain if this is the same one as described above, but for anyone interested in that information (may or may not be true--but praying that it is not), the links to postings regarding this possibility are located on the top right-hand column at this blog:

http://www.repubx.com

See:
Hot Topics!

Is the Obama administration working on a forged long-form Birth Certificate as we speak?
-----------------------------------
Research Update on potential Obama long-form Birth Certificate forgery
-----------------------------------
Learn about Document Forgery Here



=====================

May other brothers and sisters in Christ continue to fervently pray (and fast), and to ever more trust in the LORD:

Psalm 33:6-12 (KJV)
"By the word of the LORD were the heavens made; and all the host of them by the breath of his mouth. He gathereth the waters of the sea together as an heap: he layeth up the depth in storehouses. Let all the earth fear the LORD: let all the inhabitants of the world stand in awe of him. For he spake, and it was done; he commanded, and it stood fast. The LORD bringeth the counsel of the heathen to nought: he maketh the devices of the people of none effect. The counsel of the LORD standeth for ever, the thoughts of his heart to all generations. Blessed is the nation whose God is the LORD; and the people whom he hath chosen for his own inheritance."

Psalm 146:3-4 (KJV)
"Put not your trust in princes, nor in the son of man, in whom there is no help. His breath goeth forth, he returneth to his earth; in that very day his thoughts perish."

Jeremiah 17:5-10 (KJV)
"Thus saith the LORD; Cursed be the man that trusteth in man, and maketh flesh his arm, and whose heart departeth from the LORD...Blessed is the man that trusteth in the LORD, and whose hope the LORD is...The heart is deceitful above all things, and desperately wicked: who can know it? I the LORD search the heart, I try the reins, even to give every man according to his ways, and according to the fruit of his doings."

1 Corinthians 4:5 (KJV)
"Therefore judge nothing before the time, until the Lord come, who both will bring to light the hidden things of darkness, and will make manifest the counsels of the hearts:..."

Psalm 67:1-7 (KJV)
"God be merciful unto us, and bless us; and cause his face to shine upon us;...That thy way may be known upon earth, thy saving health among all nations. Let the people praise thee, O God; let all the people praise thee. O let the nations be glad and sing for joy: for thou shalt judge the people righteously, and govern the nations upon earth...Let the people praise thee, O God; let all the people praise thee. Then shall the earth yield her increase; and God, even our own God, shall bless us. God shall bless us; and all the ends of the earth shall fear him."

Unknown said...

I just realized this and apologize for the mistake on your name earlier, Mr. Apuzzo. I should have checked the spelling before posting my first comment.

Thank you again, and may God bless you and all others who are working through legal, Constitutional means in this whole situation, as well as for all those who are fervently praying and beseeching God for His help, truth, and blessings.

1 Thessalonians 5:17 (KJV)
"Pray without ceasing."

James said...

http://www.gradegov.com/

This is a new site that lets you grade members of Congress and Write a letter to them as well.

The Site allows a for rule for grading and writing to one member of Congress day.

Obviously they all get an F because none of them will consider Obama's eligbility.

This site was just talked about on MSNBC.

Definitely a means of avenue for conveying Obama's ineligiblity issue.

Tami said...

Recently an Internet "rumor" has been making the rounds of the net, originially posted on www.repubx.com the claim is that the AP on April 1 ran a report that the group “The Coalition for Freedom of Information” used a FOIA filings to force Occidential College to release Obama's college records.

The claim is that Obama, using the name Barry Soetoro was awarded a Fulbright Scholarship to attend Occidential. If true, his award of a Fulbright to study in the US clearly shows he is not an American Citizen.

Has anyone been able to verify this AP report (allegedily scrubbed from the Net)? Also, why wouldn't a FOIA filing work in forcing Occidential/Harvard etc to release Barry's records?

I'd appreciate any response to my question.

Mario Apuzzo, Esq. said...

Tammi,

I suspect the Occidental College article was an April Fools joke. I have not seen any confirmation.

On FOIA, it only applies to government agencies. I do not believe it would cover Occidental College or Harvard University. Also, the private nature of the informaton there could be exempted under the FOIA rules from disclosure. If any private/public institution receives federal government funding, maybe a FOIA claim could be made. Further research on FOIA application to such educational institutions would have to be done in order to conclusively rule out or in FOIA application in such cases. Maybe a FOIA attorney could respond to this query.

Mario Apuzzo, Esq.

Spaulding said...

I came across a question about your (Kirchner/Apuzzo) lawsuits which you have probably resolved, but which I'd like the answered as I argue among acquaintances: If Obama Sr. cannot be shown to have legally married his purported mother, does Obama senior still pass his British citizenship to Barry?

Paternity suits have law behind them. As a British citizen it would seem that his allegiance should still be passed, but might complicate the case. Barry might also claim that he didn't know that his father didn't marry his mom, but they did apparently apply for a divorce. Of what use is a divorce to someone not married? Multiple marriages is perfectly legal in Islam, and I can't imagine that Kenya, though predominenty Christian, wouldn't recognize multiple wives of its Muslim citizens. Barry

I would also expect that the Indonesian citizenship might have the same effect as British citizenship, since Stanley Ann had not spent five years after reaching 14 before giving birth.

I do wonder if revealing strategy can hurt, and encourage you not to answer if you'd rather not reveal your approach to this. Perhaps this is a simple matter of marriage law. In any case, I believe the source of the question is an Obama supporter, but clever about revealing his motives. It does seem a good question.

Barry could also, knowingly or not, suddenly discover that Obama was not his father. Having written (or co-authored) two books which discuss the presumed father would seem to suggest that the "constitutional scholar" intended to violate Article II Section 1, even if the DNA were to show otherwise.

Anonymous said...

I just had to comment on the motion. The claim is made that the Plaintiffs will in no way be prejudiced by this delay. ARE THEY KIDDING? This man is currently the most powerful human being on the planet. He could, conceivably, end all life on earth in a single day. I cannot imagine how anyone could actually say that with a straight face. Every executive action that Mr. Obama takes potentially prejudices every one of us. I am amazed by the chutzpah exhibited by these people.

Mario Apuzzo, Esq. said...

I served the Second Amended Complaint on the United States Attorney for the District of New Jersey on February 17, 2009. Defendants USA and Obama had 60 days to answer or until April 20, 2009 (April 18 was a Saturday). On April 13, 2009, USA and Obama entered an appearance and requested a 15-day extension to file their answer. We did not hear anything from the Congressional defendants, who having been served on February 24, 2009, were required to answer by April 27, 2009 (April 25 was a Saturday). USA/Obama then obtained their requested 15-day extension to answer, making the new answer date, May 5, 2009.

USA/Obama then filed the currently pending motion on April 27, 2009, requesting a second extension for USA/Obama to answer (what is represented to be a 20-day extension). While no one has yet to enter an appearance for the Congressional defendants, the attorney for USA/Obama has also asked in the same motion that the Congressional defendants be given an extension to answer. She added in her motion papers that the Justice Department is reviewing the question of which of the Congressional defendants it will represent. Magistrate Judge Joel Schneider will decide that motion on June 1, 2009. In the motion, all defendants (USA/Obama and the Congressional defendants) are asking for a 20-day extension to answer, to run from the day the motion is decided. That means that if Judge Schneider decides to grant defendants' motion on June 1, 2009, all the defendants would have until June 21, 2009 to answer.

Because of the return day on the motion (June 1, 2009), such a result will give USA/Obama 124 days and the Congressional defendants 117 days to answer the Second Amended Complaint. By court rule, government defendants are given 60 days to answer. While it appears as though USA/Obama only asked for a 35-day extension (15 + 20) and the Congressional defendants a 20-day extension, they each respectively will have gotten a 64-day and a 57-day extension if Judge Schneider grants their motion.

Mario Apuzzo, Esq.

Ben said...

I have never heard of this method for extending answers. Is this unusual? A post adted motion for the Judge to sing on June 1 seems like an unreasonable way to get an extension.

I read that you can file a responce on May 18. Do you intend to do so? I would think any Judge would find the length of time requested as excessive. Every day that he fills the office of POTUS we are being damaged. Is there nothing that can be done to get the defendants to reply befor June 20?

ThanksSaintJoseph said...

Great job Apuzzo! I'm thinking of putting my federal taxes in an escrow account until Barrack Hussein Obama shows his original birth certificate. If he in fact is not president then all his appointees are invalid and we have an unconstitutional government run by usurpers. Any thoughts?
Also, I intend to get a bulk mailing permit and send out flyers to our local areas to make people aware. The good Lord knows the media hasn't been covering this issue!

Most Rev. Gregori said...

With all of the blatant violations of the U.S. Constitution that have been taking place for years, by both parties and and three branches of the government, it would not surprise me if absolutely nothing is done even if it is proved that Obama is not constitutionally eligible to hold the Office of President.

If this should happen, then We the People need to rise up and force something to be done, otherwise, we no longer are a Constitutional Republic.

A pen said...

If a hearing produces evidence Obama is not qualified then he is removed, correct?

After removal what charges may be brought and against whom?

Anonymous said...

"After removal what charges may be brought and against whom?"

One could hope that Kenyan trailer trash would be deported back to where he came from.