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Thursday, October 1, 2009

Letter of Inquiry by Atty Apuzzo Sent to Judge Simandle 1 Oct 09 re Delay
in Deciding 2 Motion Decisions Since Jul 09 and Judge's Response 2 Oct 09

Letter of Inquiry by Atty Mario Apuzzo Sent Electronically to Judge Jerome Simandle on 1 Oct 2009 About No Decision Having Been Made Yet for the Two Motions Before Him Since July 2009.

Letter of Inquiry, Kerchner v Obama & Congress, Filed October 1st 2009:
http://www.scribd.com/doc/20480245/

Response from Judge Simandle to Atty Apuzzo's Letter of Inquiry, Filed October 2nd, 2009:
http://www.scribd.com/doc/20547848/


Court Docket Report, Kerchner v Obama & Congress , Updated October 2nd, 2009:
http://www.scribd.com/doc/17748032/
Table of Contents for Kerchner v Obama & Congress Lawsuit:
http://www.scribd.com/doc/19914488/
Copy of Lawsuit, 2nd Amended Complaint:
http://www.scribd.com/doc/11317148/

An Important Essay by Attorney Mario Apuzzo on Natural Born Citizenship:
http://puzo1.blogspot.com/2009/09/natural-born-citizen-clause-requires.html
Obama is a Brit and is Not an Article II Natural Born Citizen of the USA:
http://www.scribd.com/doc/19480286/

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

22 comments:

cfkerchner said...

Excellent letter Mario.

Charles

jayjay said...

Let's hope it has the effect of moving the Judge to make a ruling so the process can proceed ...

Bob said...

This is a time-honored legal request --

From Luke 18: 2-7 -- "In a certain city there was a judge who did not fear God and did not respect man. 3 There was a widow in that city, and she kept coming to him, saying, `Give me legal protection from my opponent.' 4 "For a while he was unwilling; but afterward he said to himself, `Even though I do not fear God nor respect man, 5 yet because this widow bothers me, I will give her legal protection, otherwise by continually coming she will wear me out.' " 6 And the Lord said, "Hear what the unrighteous judge said; 7 now, will not God bring about justice for His elect who cry to Him day and night, and will He delay long over them?"

Benaiah said...

Thanks Charles and Mario...

giveusliberty1776 said...

A letter that needed to be written

It was the correct move.

Justice denied is no less worse than no justice at all.

Sheila said...

Mario and Charles, Have been following you a long time, excellent letter to the judge I pray he has the courage to issue a ruiling in you favor!!!
Also if I may be so bold as to mention all the excellent work that is also going on at the Natural Born Citizen Web Site, I implore all your followers to check out Leo and Terrik's posting
there!!! Very Intersting Stuff!!!!

Guy4013 said...

Mario and Charles,

After reading your new post, I sent a letter via Fax to the judge asking for his decision as soon as possible to put an end to the waiting and anxiety.

Let's pray he will be agreeable to issue his opinion soon.

andy g said...

keep it up mario. you are doing a great job. you at least were acknowledged by the courts. patients is a waiting game. good luck to you. andy gervasi

roderick said...

3 years and 1 month till the next election. 'bama will certainly try to upend the constitution by then. Is dropping in the approval ratings as people are growing tired of rhetoric. A desperado looking for every avenue to live in the white house forever. This imposter is willing to send out minions against us in a possible battle to the finish. Calling us racists and doesn't even know the color of my skin. If you didn't understand what I just wrote read it again.

Joe said...

The DOJ has stated in the CA case that the correct jurisdiction is in the DC Court with a Quo Qarranto. Effectively admitting that they will represent the President in a Quo Warranto. But Judge Gingsberg, before she became a Justice, stated in the DC Court of Appeals in Andre v Lower(?)that for example a Quo Warranto may bar someone from justice if the AG appointed the apealees to the position. She is saying that if there is a conflict of interest an argument could be an appointment of a special prosecutor must be made. footnote 38

So therefore it could be brought using the third person rule.

Listen to Leo Donofrio tonight at 8pm Central time on the Texas Broadcasting Network tonight for the re-air, 2nd hour.

jayjay said...

Mario & Charles:

I'd hope that some of the American citizens reading and understanding the import of this blog will - on their own volition - write to Judge Simandle about the case.

His correct address can be obtained from the many filings on the main page of the blog.

Obviously any letters will NOT be part of the court's record, but perhaps they will help offset the undoubted sub-rosa communications that go on between the current political operatives in the Legislative and Executive branches (not to mention the Judicial branch) to the Judge and make the Judge aware that he is being calibrated by citizens and that history will judge him according to the evenhandedness, legality, and judiciousness of his rulings.

This not a request from Mario or Charles but merely a suggestion from me - and I've already written him (and Judge Carter in CA as well). It's far past time for citizens to make themselves heard!!!

Sturgis said...

I would rather have the Judge say that he was taking the time to research the case before rendering his decision, than simply tossing it.

I can’t help but wonder if Judge Simandle is waiting for Judge Carter in CA to show his cards first.

cfkerchner said...

Hi all,

An excellent new Word Press blog has been started by Miss Tickly, aka Terrik. She was a major source of information on this for Donofrio but she now has started her own blog. She is meticulously researching the Hawaiian vital records system and the misinformation and carefully parsing the words the officials have put out to defend and run interference for Obama. It's a good read. Here is the link:

http://misstickly.wordpress.com/2009/10/04/our-worst-nightmare-confirmed/

Well worth reading as well as the comments to her first post.

Charles

NBCitizen said...

This is a well written letter by attorney Apuzzo and a well written response by Judge Simandle.

I believe the Judge is sincerely researching this case and making sure his i's are dotted and t's are crossed.

Judges don't like to be overturned in appeals court and Simandle sounds like he is taking this case very seriously and wants to make the right decision. I hope the decision is in favor of Kerchner.

giveusliberty1776 said...

Justice Carter ruled to further review defendant's MTD in the Keyes v Obama case today.

Justice Carter, was no lpnger a gung ho marine inclined to hear the case on it's merits as earlier inclined.

Justice Carter's main issues were lack of standing and jurisdiction for the Writ of Quo Warranto.

Basically the same dribble as other courts as they CYA and pass the hot potato out of their courtroom.

Best of Luck Mario and Charles I'm still rooting for you guys and well as America.

cfkerchner said...

Well Judge Carter in CA did not make the Motion to Dismiss decision as was anticipated on the scheduled court calendar date of 5 Oct 2009 for the Orly/Kreep v Obama case ... just like Judge Simandle in NJ did not make the decision on the Motion to Dismiss on the court calendar date of 3 Aug 2009 for the Kerchner v Obama & Congress case.

Thus we now have two cases with Motions to Dismiss in both before the Judges in both cases who are stalling and delaying in making the decision. Where are the men of courage and true believers in our Constitution? Meanwhile our Constitutional Republic is going down the drain and Obama consorts with Communist dictators like Castro and Chavez plotting the demise of the Constitutional Republic in Honduras and bows to Saudi Kings and waffles (votes present again) on making critical military decisions while men die on the battlefield to protect our Constitutional Republic. Men are dying supporting their oaths and the Constitution and Republic while Obama laughs at it and trots off to Copenhagen for a photo op.

All these judges have to do is cite the words and decisions of U.S. Supreme Court Chief Justice John Marshall, say this is a constitutional issue that must be decided, take jurisdiction and hold a trial. That is the right thing and legal thing to do.But they are fearful of doing what is right. Why?

When will We the People really wake up and demand action on these cases and demand the courts get to the merits of the charges!

Charles

jayjay said...

cfkerchner:

Well said, indeed!!!

I'd hope that others will express themselves to Judge Simandle (while they still can).

KatLawson said...

Thank you for the update, sir.

I am starting to wonder if there is ANY judge out there who will see the importance of these cases or find the ability to go forward.

It has been over a year for me, following & actively fighting this usurper & coup upon our great country. Each & every day it is something else he's either trying to remove from us or ram down our throats.

Thank you for your great efforts.
Kat

James said...

Perhaps it is nothing afterall: "Very truly yours" is a letter ending statement emphasizing that the contents of the correspondence were composed with the utmost dignity and integrity. The use of the phrase "very truly" highlights the author's good faith attempt at providing you with truthful, accurate information. "Very truly yours" is often used by attorneys.

I guess those unfamiliar with the legal community might make some different conclusions when he or she has seen that a judge has written this.

Birdy said...

I think Judge Carter and Judge Simandle are playing chicken; each waiting for the other to go first.

cfkerchner said...

The Federal Courts Are Committing Treason to the Constitution per Chief Justice John Marshall.
http://puzo1.blogspot.com/2009/10/federal-courts-are-committing-treason.html

The federal courts and judges are committing treason to the Constitution by not taking jurisdiction and getting to the merits in the various cases before them regarding the Article II eligibility clause question for Obama.

It is worth keeping in mind the words of U.S. Supreme Court Chief Justice John Marshall when he wrote in Cohens v. Virginia 19 US 264 (1821):

"It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one."

Link to the treason quote in case context:
http://www.kerchner.com/images/protectourliberty/chiefjusticemarshallwordsontreasontoconstitution.jpg


Link to Case Summary:
http://www.oyez.org/cases/1792-1850/1821/1821_0

Link to Full Case:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=19&invol=264

The Judge in the Kerchner v Obama & Congress lawsuit and the Judges in the other cases should simply read the words of U.S. Supreme Court Chief Justice Marshall from the past and take jurisdiction of the constitutional question of the Article II eligibility clause in the Constitution and proceed to a fact finding hearing and trial on the merits to see if Obama is Constitutionally eligible or not. I say Obama is NOT eligible. But we need the federal courts to take the cases and get a SCOTUS ruling to settle this.

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

Nick said...

I came across this article from last November. I skimmed it and it appears to have some good primary source material on natural born citizenship: http://federalistblog.us/2008/11/natural-born_citizen_defined.html