Mario Apuzzo, Attorney, and Charles Kerchner, Lead Plaintiff, of the Kerchner et al vs. Obama and Congress et al lawsuit will be appearing on the radio show, MommaE Radio Rebels - BlogTalkRadio - 8:30 PM EDT, Wednesday, 21 Oct 2009, and will be discussing the decision out today on their case from Judge Simandle of the Federal District Court, Camden NJ.Show link: http://www.blogtalkradio.com/mommaEradioRebels/2009/10/22/Momma-E-and-the-Radio-Rebels
Lawsuit Overview: http://www.scribd.com/doc/19914488/Kerchner-v-Obama-Congress-Table-of-Contents-2nd-Amended-Complaint
Tune in and join us or listen to it in the re-run via podcast. During the live show a chat room is open for listener dialog and questions. And a call-in number is listed for those who wish to call in questions.
Charles F. Kerchner, Jr., CDR USNR (Ret), Lead Plaintiff, Kerchner v Obama & Congress
http://puzo1.blogspot.com/ Help the cause at: http://www.protectourliberty.org/
A very informative broadcast from both of you.
ReplyDeleteI just got the news.
ReplyDeleteI tuned in and heard the last 15 minutes of the radio show tonight. Appeal the decision! Let the cards fall where they may. Like you said, Judge Simandle gave you some excellent opportunities to get the definition of Natural Born Citizen decided by a higher court.
When Obama was being sworn in by Justus Roberts, a case questioning his eligibility to hold the office was scheduled for conference in the SCOTUS. When I realized that all of the media was blacking out this story during the inauguration, I knew something fishy was going on. I think fear and apathy motivated the media black out.
Appeal the hell out of this. You already know what you’re in for and what you got to do. With all the time waiting for this decision I am sure the plan is already in place.
As a 48 year old business man with 27 employees in construction for 21 years now, a husband of 25 years father of two teenage boys may I offer some advice?
Send your calls to voice mail, and then call them back when you are ready. Attend to your health.
Play some golf, go striper fishing, take in a high school ball game, watch a DVD, take a nap, cook a great meal, go to church, get the oil changed in the car wash and wax it to, Attend to other parts of your business, buy fresh bread from a local baker and make soup. Go see a play, or a concert. Check out a car show, Check out a fall festival in your area, attend to your love ones.
Keep your head up. Stay off the Kangaroo Court in the Blogs, Let them have their victory party, so what, it isn’t over yet.
Turn off the talk radio and listen to some 70's music, or music that will take you back to carefree days.
Get out and relax.
Sturgis,
ReplyDeleteThere is a lot of insight and truth in what you said. You are so right about how important it is for us to do now the many things that life has to offer us. The time just keeps passing us by and then we will just look back and feel as though we were cheated in the whole scheme of things. We will want to go back in time and get a second chance but it will not be possible.
I will try to follow your advice. But of course, I also have to work on this Obama thing. Let's hope that I will have the wisdom to be able to figure out how to do both.
Obama's lack of eligibility is easier to spot than a w**re in church.
ReplyDeleteGood job on the show guys.Don't apologixe for getting emotional or correcting inquisitors.Lotsa talkers and few doers.I will note that the standing and subject matter jurisdiction issues are due to the fact that we all lost any real right to get any remedy from the corporation[we have no real government per se since 1871] in 1946.The cases cited are that show precedent are bones thrown to the sheeple usually involving PC agendas,such as civil rights.It's wrap up time folks.I applaud your efforts and appreciate you filing an appeal,but understand that even a smoking gun would not overcome the hurdles of standing and subject matter jurisdiction in the system we are under.That's why the DOJ can represent Obama and not investigate treason or fraud.He is now a federal corporate employee,and they do not work for us,but for the corporation.That's why Hawaii can disobey their own FOIA laws and invoke Atty-Client privlege.It is a bitter pill to swallow,but true.Barry was installed by the Illuminati,not by some ragtag Marxists,and the game is almost over.Millions marched on DC.We've had teap parties,townhall meetings,and pink slips sent to the traitors in DC,and they worry not.The COG drills last year and the Closed Door House Session of 2008 prepped them for a quick exit to safety when this all gets ugly.THe Bailouts were opposed and passed.The same will happen with the Health Care Bill,which is the final thing Barry was choosen to accomplish before our destruction as a sovereign nation.
ReplyDeleteHi Mario and Charles....have you heard about this....would you have any chance in Superior Court in DC....just wondering??
ReplyDeleteUnited States v. Dotterweich, 320 U.S. 277 (1943)
Superior Court of the District of Columbia has jurisdiction over this matter as it is not a State and not represented in Congress and is not part of this country but holds a neutral position as all parties having a claim against them hold residents and work within the District of Columbia area and are federal citizens of that District…
All injury originated within this ten square mile area. As no State Court has jurisdiction to hear such an action. No Federal Court outside of the D.C. or inside of D.C. has jurisdiction to hear this case as they are a party to this action…
This gives the Superior Court of the District of Columbia jurisdiction over subject matter jurisdiction and personal jurisdiction to hear this claim.
http://www.riseupforamerica.com/images/Part_3_of_8_DC_Case_0005391-09.pdf
I want to say that I feel your pain and admire the passion of both Charles and you Mario.If you want a quick overview of history as many of us researchers and historians have shared the last year,go over to the About section on Leo's blog,and as mentioned in a couple posts ago the opne thread over at Ivestigating Obam blog.This is playing out with Orly whter we like it or not.I'll reserve my opinion of her,but will say that the default last July was not happenstance,and that Leo took the bait over the Hawaii ruse,or else he would've been a good one to join your efforts.SCOTUS and the Dictrict Court in DC are no more apt to side with the people than any other court in the land.The Superior Court in DC on the other hand is the last court we can go to address the organic Con and the Corp Con the elites thrusted upon us without our approval or knowledge.As stated here a couple posts ago,Class is going there in weeks to see if the judge will sign the default he has on Corp US.He made it this far because the clerk and court has aided him in filing properly;rigt down to naming the defendants properly so that they couldn't claim a lack of standing,general or sublect matter jurisdiction.
ReplyDeleteBalance and Patience
ReplyDeleteCharles and Mario, I believe that Simandle realized that you are right, but knew that he did not have the courage necessary to do right. He sent you on up to a higher authority with a ridiculous ruling that is hard to imagine the courts will let stand. He is, after all, saying that the courts have no power to check congress or the President (which is precisely the Court's job).
ReplyDeleteTruthExists,
ReplyDeleteThat very same thought crossed my mind after I read the very weak and lame decision and thought about it more last night. Simandle left the pathway wide open to argue on appeal as his dismissal arguments were very weak and he did not even address major parts of the Complaint. Possibly he was just to fearful of taking this case on himself and was in effect, bumping it upstairs. Anyway, I am glad he has ruled at least so we can get on with the process of getting this case to the U.S. Supreme Court which will be the ultimate deciders on this, if the uphold their oath to support and defend and protect our Constitution and the rule of law. If they punt on this, then we are in grave danger and our Constitutional Republic is likely lost to history and the nation is headed towards very stormy weather.
Charles Kerchner
CDR USNR (Ret)
Lead Plaintiff
To all,
ReplyDeleteThank you all for your kind words and support. We have lost a battle but not the War. As per the words exchanged between the two sides in a famous struggle in our past for the protection of our Liberty and other inalienable rights, ""Has your ship struck?" To which Captain Jones answered, "I have not yet begun to fight!"
http://www.scribd.com/doc/21219344/Chief-Justice-John-Marshall-Quote-20091019-Issue-Wash-Times-National-Weekly-page-15
Charles Kerchner
CDR USNR (Ret)
Lead Plaintiff
Kerchner et al v Obama & Congress et al
P.S. And to help keep a strong wind in our sails and powder in the magazines, if you can help the cause or know someone who can, stop by and visit our publicity and education fund raising site. We need your Time, Talent, and a bit of Treasure to win the fight:
http://www.protectourliberty.org/
Team Obama’s Latest Argument (in Orly's case):
ReplyDeleteConst. Art 2. “natural born citizen” = “citizen by birth”
Const. Art 2. “citizen” = “citizen by naturalization”
Nice try, but no cigar!
…and re the last comment: then why all the fuss about McCain and the Senate Resolution
ReplyDeleteThe DOJ should read this essay by M Publius Goat. How the DOJ can be lying to the court instead of defending We the People is another on of the great travesties and amounts to treason to our Constitution, per Chief Justice John Marshall.
ReplyDeletePer M Publius Goat:
Citizen at Birth (CAB) does NOT equal Natural Born Citizen (NBC)
http://countryfirst.bravehost.com/phpBB3/viewtopic.php?f=105&t=4376
Charles
I read Simandle's decision today. I would like to ask him if he even cares what the definition and founder's intent of a what a natural born citizen is. Are you going to feel like the cook that could not take the heat and got out of the kitchen?
ReplyDeleteI get google alerts on all this and the hecklers and ridiculers have not come out to ridicule you guys like they have Orly, Kreeps and Berg. I find that interesting. Maybe they do want to draw attention to your situation because it is solid and scares them. If you are a member of the media surfing this blog and see this. What is your motive to keep such a serious issue covered up. Are your pieces of silver worth your integrety?
In reading the decision, the Judge seemed ignore most of your arguments alleging injury and standing. The Judge also shoved aside without much thought the fact and argument that Charles is oath taker and that his injury becomes much more tangible and particularized.
ReplyDeleteI remember stating that you were waiting for and expected a well-researched and a well-thoughtout decison from the judge.
Well-researched and well-thoughtout...What a bunch of bull on the part of the judge.
The judge even claimed in his recent letter to you that he was researching the numerous arguments raised by you and DOJ.
However, his decision appears to have as much research as a decision that could have been released on August 31, 2009.
Orly’s two cases (Fed District Cts. in Ga and Ca) are pivotally different from Kerchner (Fed District Ct. in NJ).
ReplyDeleteIn fact, it’s no coincidence that Kerchner was dismissed — after waiting many months — right after the the two Orly cases successfully provided avenues to get Obama to account in a way which would NOT throw the courts and nation into constitutional crisis — the big fear of the federal courts (re political question etc.).
Judge Land (Orly penalty) case is currently all about Orly merely showing her case not frivolous (premised on need not to chill the rest of Americans from addressing their constitution). Checkmate against Obama!
Likewise, Judge Carter (Keyes) case does not have to deal with the constitutional nightmare of ousting Obama, that is, merely recovery of damages in fraud tort (even nominal) by Candidate Keyes against “Candidate” (not “President”) Obama will do the job — since Congress and the Dems would be politically compelled to oust Obama. Again, checkmate against Obama!
Were either and/or both Orly cases to move forward (standing is ALL that’s needed since it’s SLAM DUNK that Const Art. 2 requires two citizen parents for POTUS eligibility), it’s all over for Obama, because politically his remaining in the Whitehouse, again, would be completely untenable even for the Dems and Congress.
Thus, after Orly files for Motion for Summary Judgment, premised even on all facts in dispute going for Obama (noting that Obama has declared to the world in what as admission against interest, that his dad was Kenyan/British citizen on Baby O’s birth) the Courts can take the case without ever having to deal with discovery on the sole legal issue of meaning/applicabability of Const. Art. 2.
This leaves Team Obama really with its last remaining legal argument (noting that Fed. Ct. can get pendant jurisdiction over Keyes’ tort action):
Const. Art 2. “natural born citizen” = “citizen by birth”
Const. Art 2. “citizen” = “citizen by naturalization”
Nice try, but no cigar!
… especially since all the fuss about McCain and the Senate Resolution would be shown.
So, take heart — and if I’m wrong that’s the current end of our Constitutional Republic (and could mean the second American Revolution since all other means have been turned back by a Government currently under unconstitutional coup d’etat).
I truly sympathize with Judge Carter, and our prayers should be with him, as he says he reads the internet and is aware of these factors (including the possible RICO implications recently filed by Orly and ongoing scrubbing of Obama-foreign born refernces in the Honolulu Advertiser just last week before our very eyes — and during the pendency of Stay on Discovery (apparently being exploited by the “Government” and Dept. of ‘Justice’, no less).
Mario and Charles,
ReplyDeleteApparently DOJ in the Carter Case has taken advantage of the your recent dismissal to advance their case.
I don't know what you can do to halt or stop this advancement but if Judge Carter decides to consider Judge Simandle's decision, it could be a very bad result for the Carter case.
I meant to say in the previous post that... they do not want to draw attention...
ReplyDeleteI have several word combinations I use for Google News Alerts in regards to the Obama’s Constitutional Eligibility. I get 10 to 50 of news alerts every day, from WND News and AP news reports to really wacky editorials and blogs on the right and left. Your case seems to always be under the radar.
When Orly, Kreeps or Berg take a shot over the bow the news alerts come in like crazy, mostly negative and insulting.
You guys just hit a big set back and nothing coming in but 2 WND reports..
I am not saying that here is a plot and conspiracy to keep a lid on you guys because Obama supporters fear the merits of this case. I am saying that like minds think alike.
It is Friday.
I hope all of you can relax a little this week end.
I am going to try to.
Ken
Hmmmm!! -
ReplyDeleteIt seems that not all citizens are enamored by Judge Simandle's opinion. Some have actually read it and thought about what it is REALLY saying ...
... and the results "ain't pretty":
http://thepostnemail.wordpress.com/
"Simandle’s 4 strikes against the U.S. Constitution
October 22, 2009 by John Charlton"
Hi all,
ReplyDeleteIgnore the biased political party shot headline but read the first paragraph of this latest poll and survey. 30% of all Americans polled believe that Obama was not born in the USA. That is hardly a fringe percentage. When is the Main Stream Media and so called free press and 4th estate of our government going to investigate this matter with the power of the press. And when are our federal judges and Congress going to live up to their oaths? Will they wait until 55% of the People don't believe the Usurper in Chief is not eligible and was not born in the USA and 5,000,000 people are marching in the streets of Washington demanding the Usurper's removal. What does it take to get our media and government to uphold Article II of the U.S. Constitution?
http://www.angus-reid.com/polls/view/34338/obama_was_not_born_in_us_republicans_say
Charles Kerchner
CDR USNR (Ret)
Lead Plaintiff
Kerchner v Obama & Congress
Help me get the word out. Visit this site and do what you can to help. And spread the word and link to other blogs. We need your support and help to get the message to the print media and its readers, where it cannot be scrubbed:
http://www.protectourliberty.org
Mario and Charles,
ReplyDeleteAs you draft your appeal, you may consider reaching out or studying the argument from attornies from the following case: http://www.judicialwatch.org/rodearmel-v-clinton
As Usual the DOJ throws up the Standing junk barrier.
No decision on the case yet.
But, the arguments of that case might provide with insight on how to proceed.