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Friday, April 30, 2010

Atty Apuzzo and CDR Kerchner on Jeff Kuhner Show in Wash DC - Friday, 30 Apr 2010 @ 1 PM EST

Atty Mario Apuzzo and CDR Kerchner were guests on the Jeff Kuhner Show on WTNT 570 in Washington DC hosted by Jeff Kuhner on Friday, 30 April 2010, at 1:00 p.m. EST.

Direct link to WTNT 570 in Washington DC:
http://www.talk570.com/index.php




Link to podcast of the show: http://www.kerchner.com/protectourliberty/jeffkuhnershow20100430.wav

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org

P.S. Why concerned Americans have good reasons to doubt whether Obama was born in Hawaii:
http://puzo1.blogspot.com/2010/04/concerned-americans-have-good-reason-to.html
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Monday, April 26, 2010

Benjamin Franklin in 1775 thanks Charles Dumas of the Netherlands for sending him 3 more copies of the newest 1775 edition of Vattel's Law of Nations

Another founder of our nation and framer of our Constitution, Benjamin Franklin, was also quite familiar and well versed with the writings of Vattel. He had his own personal copy prior to the advent of the Revolution. And in 1775 he wrote to Charles Dumas an editor and journalist in the Netherlands and thanked him for sending Franklin 3 copies of the newest edition of Vattel (published in French). Franklin commented to Dumas that his personal copy was in heavy demand by the other delegates to the Continental Congress meeting in 1775. Dumas was the Editor for the newly published 1775 edition of Vattel's Law of Nations (in the original French) in the Netherlands. Franklin and most of the founders were fluent in French which was the diplomatic language of that time. Dumas also made comments in his writings to Franklin about Vattel's enlightened writings and vision for a new form of government for a nation where the people were sovereign and the unique opportunity for its application to the affairs in America in the colonies splitting from Great Britain. The words found in our Declaration of Independence mentioning the "Laws of Nature" and the phrase mentioning unalienable rights such as "life, liberty, and pursuit of happiness" are right out of Volume 1 of Vattel. As are the words of seeking a more perfect union in the Preamble of our Constitution were also inspired by the teachings and writings of Vattel who wrote that government should always be striving to perfect itself to better serve the people. Thus it is quite evident that the founders read and used Vattel extensively. Here is a reprint of the letter from Franklin to Dumas thanking him for sending the books.

Benjamin Franklin to: Charles William Frederic Dumas
-----------------------------------------------------------------------

Dear Sir,
Philadelphia, 9 December, 1775.
I received your several favors, of May 18th, June 30th, and July 8th, by Messrs. Vaillant and Pochard;(1) whom if I could serve upon your recommendation, it would give me great pleasure. Their total want of English is at present an obstruction to their getting any employment among us; but I hope they will soon obtain some knowledge of it. This is a good country for artificers or farmers; but gentlemen of mere science in les belles lettres cannot so easily subsist here, there being little demand for their assistance among an industrious people, who, as yet, have not much leisure for studies of that kind.
I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly that copy, which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author. Your manuscript "Idee sur le Gouvernement et la Royaute" is also well relished, and may, in time, have its effect. I thank you, likewise, for the other smaller pieces, which accompanied Vattel. "Le court Expose de ce qui s'est passe entre la Cour Britannique et les Colonies," bc. being a very concise and clear statement of facts, will be reprinted here for the use of our new friends in Canada. The translations of the proceedings of our Congress are very acceptable. I send you herewith what of them has been farther published here, together with a few newspapers, containing accounts of some of the successes Providence has favored us with. We are threatened from England with a very powerful force, to come next year against us.(2) We are making all the provision in our power here to oppose that force, and we hope we shall be able to defend ourselves. But, as the events of war are always uncertain, possibly, after another campaign, we may find it necessary to ask the aid of some foreign power.
------------------------------------------------------------------------

Source: http://etext.lib.virginia.edu/etcbin/toccer-new2?id=DelVol02.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=459&division=div1

CDR Charles Kerchner
http://puzo1.blogspot.com
http://www.protectourliberty.org
####

P.S. President George Washington in 1789 consulted Vattel's legal treatise The Law of Nations as America's new President:
http://puzo1.blogspot.com/2010/04/george-washington-consulted-legal.html

P.P.S. The legal treatise, The Law of Nations or Principles of Natural Law, known as the Law of Nations for short, defined the term "naturel" or "natural born Citizen" as a person born in the country of parents (plural) who were Citizens of the country:
http://countryfirst.bravehost.com/phpBB3/viewtopic.php?f=105&t=1169

P.P.P.S. Thomas Jefferson also used Vattel's The Law of Nations to write the founding documents.
####

Sunday, April 25, 2010

Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii

The New York Times on April 21, 2010, did a story entitled, Obama and the ‘Birthers’ in the Latest Poll, by Dalia Sussman and Marina Stefan. http://thecaucus.blogs.nytimes.com/2010/04/21/obama-and-the-birthers-in-the-latest-poll/. The article reported that "[i]n a recent New York Times/CBS News poll, 58 percent said Mr. Obama was born in the United States. That leaves a significant minority who said they thought he was born in another country (20 percent) or said they did not know (23 percent)." Question No. 50 in the poll was: "According to the Constitution, American Presidents must be 'natural born citizens.' Some people say Barack Obama was NOT born in the United States, but was born in another country. Do YOU think Barack Obama was born in the United States, or was he born in another country? Born in US 58 Another country 20 DK/NA 23." Hence, these numbers show that 43 percent do not believe that Obama was born in the United States. The New York Times article is written in such a way as to give the reader the impression that Obama has convincingly proven that he was born in Hawaii and that those who do not believe that Obama was born there are misinformed and poorly educated. What the authors of the article fail to realize or refuse to report is that concerned Americans have very good reasons to doubt that Obama was born in Hawaii.

One might wonder why so many Americans are not convinced that Obama was born in Hawaii as he claims. Let us review the evidence pro and con on his place of birth being Hawaii or Kenya.

Was Obama born in Hawaii? What is the evidence for and against?

Obama supporters provide the following evidence as proof that Obama was born in Honolulu, Hawaii and that he is therefore a born “citizen of the United States” under the Fourteenth Amendment. First, Obama must be an Article II “natural born Citizen” in order to be eligible to be President. I have written that showing that he is a Fourteenth Amendment born “citizen of the United States” without more is not sufficient to show that he is a “natural born Citizen.” Second, in any event, Obama must at least prove that he is a born “citizen of the United States” before he can prove that he is a “natural born Citizen.” The comments in parenthesis are my response to the proffered evidence:

(1) He was a State and U.S. Senator (although we do not know what type of vetting was done for those offices);

(2) Obama posted on the internet a copy of what his supporters call his “birth certificate” (although the image is only of a 2007 Certification of Live Birth [COLB] computer form, which is a computer generated and easily forged form that was posted online in 2008 which is not a true Birth Certificate and is not a typed contemporaneous birth certificate from 1961 which would have the name and signature of the delivering doctor or witnesses to the birth. No witnesses or hospitals have ever attested to Obama being born in Hawaii.);

(3) John McCain and Hillary Clinton would have told us he was not born in Hawaii during the primary and presidential campaigns (although they might have had political and racial reasons for not doing so);

(4) The media would have discovered his not being born in Honolulu (although the media was afraid to properly vet Obama because of not wanting to be labeled racist);

(5) The FBI, CIA, and other security agencies would tell us if he was not born in Hawaii (although we do not know if they can legally even raise the question and who among them would);

(6) The Electoral College elected him President (although electors under most state statutes are beholden to their political party);

(7) A majority of Americans elected him President (although many of them may not have known of the constitutional issue of or even cared about where he was born);

(8) Congress confirmed his election (although political party politics and race sensitivity could have motivated it to avoid addressing the issue);

(9) Obama is currently the sitting President (although that defacto status is not proof of where he was born);

10) No court has told us that he was not born in Honolulu (although no court has granted discovery or reached the merits of the question of where Obama was born);

(11) Obama has traveled internationally allegedly on a U.S. passport (although he has not ever publicly produced one);

(12 The Hawaiian Department of Health has confirmed that he was born in Hawaii (although its statements are incomplete and inconclusive and they have never confirmed the online COLB computer form image is genuine); and

(13) There exists a birth announcement in two local Honolulu newspapers printed in August 1961 (but these announcements alone do not prove that Obama was born in Honolulu. See No. 21 below).

Those concerned Americans who question where Obama was born provide the following evidence as proof that Obama has not conclusively proven that he was born in Hawaii:

(1) Obama's step-grandmother, Sarah Obama, told Bishop McRae, who was in the United States, during a telephonic interview on October 12, 2008, while she was in her home located in Alego-Kogello, Kenya, that was full of security police and people and family who were celebrating then-Senator Obama's success story, that she was present to witness Obama's birth in Kenya, not the United States (the English and Swahili conversation is recorded and available for listening). She was adamant about this fact not once but twice. The conversation which was placed on speaker phone was translated into English by "Kweli Shuhubia" and one of the grandmother's grandsons who were present with the grandmother in the house. After the grandmother made the same statement twice, her grandson intervened, saying "No, No, No, He [sic] was born in the United States." During the interview, the grandmother never changed her reply that she was present when Obama was born in Kenya. The fact that later in the same interview she changed her statement to say that Obama was born in Hawaii does not change the fact that she initially stated twice that she was present when Obama was born in Kenya. One would think that a grandmother would know whether she was present or not at the birth of her American Senator and U.S. Presidential candidate grandson;

(2) The Kenyan Ambassador to the United States, Peter N.R.O. Ogego, confirmed on November 6, 2008, during a radio interview with Detroit radio talk-show hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF's "Mike In the Morning," that "President-Elect Obama" was born in Kenya and that his birth place was already a "well-known" attraction;

(3) Ms. Odhiambo a Member of the Kenyan Parliament said in session and recorded in the official record of the Kenyan National Assembly on 5 Nov 2008 on page 3275 that Obama was a son of the soil of their country;

(4) Several African newspapers said in 2004 that Obama was born in Kenya. Also see this more recent one in Ghana. Africa's press knows what the American media refuses to investigate. There have also been other reports in the media that Obama was born in Kenya. A good list of these reports may be found at http://www.wnd.com/index.php?fa=PAGE.view&pageId=138293 where actual screen shots of the stories may be viewed;

(5) Obama's wife, Michelle Obama stated in a video taped speech she made a couple years ago that Kenya is Obama's home country. During a speech that Michelle gave to an audience of Lesbian, Gay, Bisexual, and Transgender (LGBT) delegates at the 2008 Democrat Party Convention on the topic of getting tested for HIV and in showing that Obama leads by example, Michelle Obama told them: "He has also spoken out against the stigma surrounding HIV testing, which is still plaguing so many of our communities, which you all know--a lot of that is due to homophobia. Barack has lead by example. When we took our trip to Africa and visited his home country in Kenya, he took a public HIV test for the very point of showing the folks in Kenya that there is nothing to be embarrassed about in getting tested.” “Home country” is defined as “the country in which a person was born and usually raised, regardless of the present country of residence and citizenship.” http://www.allwords.com/word-home+country.html. It is highly suspicious that Obama's transcripts of Michelle's speech now do not contain the reference by Michelle to Kenya being his "home country." http://www.thepostemail.com/2010/04/03/obamas-facebook-page-omits-michelles-home-country-of-kenya-remark/. Obama's facebook page has a transcript of her "home country" speech. The transcript omits the "home country" wording and says this instead: "He has supported full funding for the Ryan White CARE Act and has pledged to implement a national HIV/AIDS strategy to combat the continuing epidemic in the United States. He has also spoken out against the stigma surrounding HIV testing, a stigma tied all too often to homophobia. And he's led by example: On our trip to Kenya, (omission) we both took a public HIV test." The words "Barack's home country" are omitted;

(6)  During a December 2007 speech in Tampa, Florida, Michelle Obama stated, "What it reminded me of was our trip to Africa, two years ago, and the level of excitement that we felt in that country, the hope that people saw just in the sheer presence of somebody like Barack Obama, a Kenyan, a black man, a man of great statesmanship who they believe could change the fate of the world."  As can be seen, Michelle Obama said that her husband is "a Kenyan."  Would she say that if he was a "natural born Citizen" of the United States?  What is also strange that she would make such a statement in light of the fact that Obama was running for political office in the United States.  The statement raises more suspicion and is just more fuel for the debate of where Obama was born.  Additionally, even if Obama was born in Hawaii, the statement shows where his political loyalties are; 

(7) NPR public radio archived story says Obama in Kenyan-born;

(8) No hospital in Honolulu has yet to confirm that he was born there. One would think that given that Obama is the first African-American President elected in the U.S., that his birth in any hospital would be an historic event. One would also expect the birth hospital to be boasting about the birth there and naming the wing of the hospital where Obama was allegedly born after him. Why would any such hospital not make its claim to Obama and even publicize the event to increase its exposure and marketing appeal? It is only reasonable to ask oneself why all the secrecy and mystery?;

(9) Obama and his sister stated different Honolulu hospitals at which he was allegedly born. In a November 2004 interview with the Rainbow Newsletter, Maya told reporters that her half-brother, then Sen. Barack Obama, was born on Aug. 4, 1961, at Queens Medical Center in Honolulu. Then in February 2008, Maya told reporters for the Honolulu Star-Bulletin that Obama was born at the Kapi'olani Medical Center for Women and Children which is also located in Honolulu. Obama claims he was born in Kapi'olani Medical Center;

(10) Obama has refused to give consent to Kapi’olani Medical Center for it to release minimal documents confirming he was born there as he claims;

(11) No witness with any personal information has come forward to confirm he was born in Honolulu;

(12) New Mexico Gov. Bill Richardson publicly stated during the 2008 campaign that Obama was an immigrant;

(13) Obama has refused to release to the public his education, work, and travel documents (including passports he used for international travel);

(14) Obama’s kindergarten records have allegedly disappeared;

(15) Obama’s application to the Franciscus Assisi Primary School in Indonesia states he was an Indonesian citizen;

(16) Obama has only produced for public viewing a 2008 computer image of an alleged computer generated June 6, 2007 Certification of Live Birth (COLB) which contains no independently verifiable information to corroborate his alleged birth in Honolulu as would be found on a Certificate of Live Birth (Birth Certificate). Why would Obama have asked the State of Hawaii for the COLB in 2007?  What was his need back then for the document?  FactCheck.org web site has this to say about the COLB: "The document is a "certification of birth," also known as a short-form birth certificate. The long form is drawn up by the hospital and includes additional information such as birth weight and parents' hometowns. The short form is printed by the state and draws from a database with fewer details. The Hawaii Department of Health's birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department. We tried to ask the Hawaii DOH why they only offer the short form, among other questions, but they have not given a response." FactCheck did provide an "Update," on August 26, when they stated: "We received responses to some of our questions from the Hawaii Department of Health." They go on to explain they did get some clarification from them to "some" of their questions. But they do not address why DOH did not answer their question as to why DOH "only offer the short form" COLB. http://www.factcheck.org/elections-2008/born_in_the_usa.html. It is unbelievable that a fact-checking organization such a FactCheck (actually a reading of their "objective" information on this issue shows that they are quite biased and prejudiced on the issue in favor of Obama) would allow such an important matter to just die with the excuse that the DOH did not provide a response to their request for information. Would any reasonable person call that responsible and thorough fact investigation? Hawaii Department of Heath has "affirmed that no paper birth certificate records were destroyed when the department moved to electronic record-keeping in 2001." http://www.wnd.com/index.php?pageId=105347. For an explanation as to who at the FactCheck organization allegedly handled and photographed the COLB and "authenticated" the document (Jess Henig and Joe Miller) go to http://www.theobamafile.com/_eligibility/AnnenbergFactCheckers.htm;

(17) Various experts on documents and digital images state the digital image of the alleged 2007 computer generated Certification of Live Birth (COLB) first posted on the political web site, DailyKos, on July 12, 2008, which was later published on Obama's own "Fight-the-Smears" web site, and then later on http://www.factcheck.org/, and the alleged underlying document later pictured on these internet sites is a forgery;

(18) Obama refuses to produce a contemporaneous birth certificate created in 1961.  This is the most important piece of evidence which would conclusively prove that he was born in Hawaii.  This document, unlike the COLB with he posted on the internet (see No. 16 above), would contain Obama's parents' names, the exact place in Hawaii that he was born, and would identify what source provided the birth event details serving as the foundation for the veracity of the original birth certificate itself.  It is this long-form, vault birth certificate which would contain contemporaneous evidence such as the name of the hospital where Obama was born and the name of the doctor or midwife that delivered him.  This is highly corroborating evidence which goes to adequately prove that he was in fact born in Hawaii.  What is highly disturbing and suspect is that Obama has not only refused to release to the public this crucial piece of evidence, but he has taken extraordinary and highly unprecedented steps to block anyone from seeing or having any access to the 1961 contemporaneous birth certificate, hiring teams of lawyers who are presumably instructed by him to take all necessary steps to block anyone from seeing or having any access to that document and spending his, third parties', and the public's large amounts of money, time, and others resources in doing so.  Obama's lack of transparency and integrity is further evidenced by the fact that, in addition to refusing to release to the public his 1961 birth certificate, he has refused to release to the public his travel, education, and employment documents, all while demanding that the people accept him as the legitimately elected President.  It is rather clear and commonplace knowledge that Obama needs to release to the public his long-form, vault copy, of his 1961 contemporaneous birth certificate in order to meet his burden of proving that he was born in Hawaii, but still he without any reasonable explanation simply refuses to do so;

(19) Hawaii Health Department has publicly released incomplete and inconclusive information which Obama supporters claim shows that Obama was born in Honolulu. During the 2008 election, Hawaii's Director of Health, Chiyome Fukino, said: "There have been numerous requests for Sen. Barack Hussein Obama's official birth certificate. State law (Hawaii Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record.  Therefore, I as Director of Health for the State of Hawai'i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawaii State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures.  No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii."

Months later, in July 2009, she added: "I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago."

Anyone who is only relying on the fact that Hawaii officials do not say that Obama was born in any place other than Hawaii is missing the point which is what sufficient and credible proof exists that Obama was born in Hawaii. We do not know what evidence Hawaii is relying on to simply say that he was born in Hawaii. If the underlying root "evidence" is fraudulent, then anything Hawaii says is of no value and surely not evidence that Obama was in fact born in Hawaii. In other words, in such a case, Hawaii would be picking fruit from a poisonous tree.

Section 338-5 of the Hawaiian statute provides: "§338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents. The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1]."

Obama alleges he was born in Kapi'olani Medical Center. At no time during the ongoing public debate about whether Obama was born in Hawaii has any official from Hawaii at least informed the pubic that Obama's alleged vital records show that his birth certificate from 1961 was "completed and filed" with the health department in Honolulu by some official of that hospital or a physician or midwife associated with that institution. If Obama was born in a hospital as he claims, we cannot reasonably believe that his birth certificate would have been completed and filed by one of his parents. Additionally, under this statute, Hawaii has the power and authority to obtain medical records from Kapi'olani Medical Center to confirm Obama's alleged Hawaiian birth. At no time did Hawaii inform the American public that it in fact confirmed with that hospital that Obama was in fact born there which it can do under the cited statute. Hawaii has withheld this underlying evidence from the public. This withholding of evidence is a grave matter given that there exists such reasonable doubt as to whether Obama, the putative President and Commander in Chief of our military might, was in fact born in Hawaii.

We will know what the underlying evidence is about Obama's alleged birth in Hawaii only if we can examine Obama's contemporaneous birth certificate from 1961 which is readily available since Obama claims he was born in Kapi'olani Medical Center in 1961. That root document will tell us the name of the hospital in which he was born and the name of the doctor or midwife who delivered him. Those pieces of information are highly corroborative of the place and time of birth, for they provide a whole other dimension of contemporaneous facts that would support Hawaii's or anybody else's bare statement as to the place and time of Obama's birth.

Under Section 338-5, any birth certificate has to be completed and filed by some institution (hospital) or person (doctor, midwife, or parent). This statute also shows that Hawaii has the authority to confirm any reported birth by examining medical records. While Hawaii pretends to have come clean with the American public, it did not even provide such basic information or conduct such due diligence which would at least give the public greater assurance that Obama's birth record is genuine.

Moreover, no Hawaii official has yet to confirm that the online image and picture of Obama's COLB is a true and accurate image of the paper COLB that they allegedly issued to Obama in 2007. They also have yet to confirm that they ever even issued the COLB to Obama. When citizen journalists (Miss Tickly and the Post & Email, etc.) asked Hawaii officials for their opinion of the COLB image and pictures, they did not answer their inquiries;

(20) In 1961 it was not very difficult for a family member to defraud the State of Hawaii by registering and claiming a child was born there when he or she was not and obtain a Hawaiian birth certificate;

(21) A newspaper birth announcement from local Honolulu newspapers was simply a confirmation that the Honolulu health department "registered" a birth as occurring there based on what someone told them. Given Hawaii's very lax birth registration laws in 1961, without independent contemporaneous evidence and non-family member witnesses, the registration of a birth as having occurred in Hawaii does not 100% prove the birth actually occurred there. The placement of the identical birth announcements in the Star-Bulletin and Honolulu Advertiser does not prove that Obama was born in Hawaii. The only thing the ads do is confirm that someone at the time told the newspapers that Mr. and Mrs. Barack H. Obama had a son, who was born on August 4, 1961. Simply telling a third party that someone was born in a certain place and at a certain time is not conclusive evidence that the birth in fact occurred there at that time. Corroborating evidence is needed to support such a statement. For in-hospital births such as is alleged for Obama, such evidence would be naming the hospital in which the child was born and the doctor who delivered the child. The birth ads that appear in the two newspaper are identical in content, with the same format and the same chronological order. The ads do not contain the name of the baby, for it does not give the name of the "son." The ads were not placed by the family but rather were generated by the Hawaii Health Department which would explain the format of the ads and why the same exact information appears in two separate newspapers. Finally, common sense tells us that if someone defrauded the Hawaii Health Department regarding whether Obama was born in Hawaii, the ads would be based on fraudulent information and would prove absolutely nothing. The August 13, 1961 ad in the Honolulu Sunday Advertiser announcing the Obama birth along with the August 16, 1961 ad in the Honolulu Advertiser announcing the Nordyke twins birth can be viewed at http://obamatrueandfalse.com/2010/04/16/true-1961-birth-announcements-reported-by-hawaii-bureau-of-health-statistics/. Note the heading of both of the ads says "Health Bureau Statistics" which confirms that the information was provided to the newspaper by the Hawaii Health Department and not any family member;

(22) The proffered online image of the Certification of Live Birth (COLB) put on the internet states in the lower left corner a date of "Filing" the birth registration. It does not state that the birth registration was "Accepted." Computer generated COLBs obtained for other people registered in Hawaii have the word and date "Accepted" in that field. See these examples compared to Obama's COLB. This implies the birth registration was never finally accepted and that additional information on the birth registration was requested by the state but never received. If the state questioned the evidence in 1961 provided by the family to register the birth as occurring in Hawaii, that is all the more reason now to investigate the birth registration method and statements provided to the Health Department by the family back in 1961. What evidence was missing such that the registration was never "Accepted;"

(23) There is no public drive to commemorate Obama’s place of birth. This is even more suspect given that so many people are questioning his place of birth. One would think that Obama's supporters would want to make a public event out of commemorating his place of birth so that those who question his place of birth (who Obama supporters disparagingly call the "birthers") could be put in their place once and for all;

(24) No government, political (including the Federal Election Commission), security, or police agency or media entity has confirmed for the American people that Obama was born in Honolulu.  These official agencies simply assumed that everyone else did their due diligence on the question of where Obama was born.  The simple truth is that none of these agencies did any due diligence and now want to simply sweep this constitutional crisis under the rug to save political face.  Rather than helping conduct an honest investigation of Obama's place of birth, these individuals and entities, including the mainstream media, which failed to properly vet Obama are now engaged in a campaign of cover up, manipulation, deceit, and ridicule of those who are earnestly pursuing this investigation (who they pejoratively call "birthers");

(25)  Nancy Pelosi, in her capacity as the Chair of the Democratic National Convention,  signed an affidavit to 50 states certifying that Obama was nominated for the Office of President.  In many of the 50 states, Pelosi did not address the issue of Obama's Article II “natural born citizenship” qualifications. This unusual action and fact about the DNC's and Pelosi's activities in the 2008 election was explained on page 19 of the the Kerchner et al v Obama, Congress, & Pelosi, et al lawsuit filed on 20 Jan 2009.  Nowhere in the nominating documents that Pelosi provided to many States does it say he is qualified to serve as President per the Article II Constitutional requirements, if he is elected. What Pelosi filed in these states simply says that Obama has been nominated as the Democratic candidate for the Office of President. In many other states, Pelosi certified:  “THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the United States of America, held in Denver, Colorado, on August 25 though 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively.”  The only exception that has been found to date is for the state of Hawaii, which nominating certificate does say that the candidate is constitutionally qualified to be President. The certifying language that Pelosi used in this sole certifications is:  “THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the United States of America, held in Denver, Colorado, on August 25 through 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively and that the following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the United States Constitution.”  A copy of Pelosi's signed document for Hawaii and the 2nd and different version sent to many other states may be found at: http://www.scribd.com/doc/30784035/DNC-Chairperson-Nancy-Pelosi-Issued-Signed-Two-Different-Certification-Forms-for-Obama-in-2008. A question that we should all ask ourselves is why would Pelosi use the constitutional qualification language in only the Hawaii certificate and not also use it in all the certifications of the other states she sent the 2nd version to?  Additionally, neither Pelosi nor the DNC adequately vetted Obama, for neither she nor anyone else in her party saw his original vault, long-form, Certificate of Live Birth (Birth Certificate), (not to be confused with the internet image of a Certification of Live Birth (COLB) that Obama’s campaign posted on the internet in June 2008 and which has been attacked by at least two document examiners as a forgery), or any other sufficient and credible document that would lead her to come to such a conclusion;

(26) Attorney Phil Berg has filed with a Federal Court an affidavit in which an investigator recounts how he went to the hospital in Mombasa, Kenya and was told by officials there that Obama was born in that hospital;

(27) Susan and Gretchen Nordyke ("the Nordyke twins") were born at Kapi'olani Maternity and Gynecological Hospital Aug. 5, 1961, one day after Obama was allegedly born at the same facility on August 4, 1961. These twins produced for the public copies of their long-form birth certificates, otherwise known as a Certificate of Live Birth, issued by the Hawaii Department of Health. The Nordykes' certificates include information missing from the short-form document that Obama published online (a Certification of Live Birth or know as a COLB), including the name of the hospital where the babies were born and the name of the attending physician that delivered them. Apart from the fact that it is clear that a long-form Certification of Live Birth actually exists for the same time when Obama was born, the twins' birth certificates also raise an issue regarding sequential numbering of Hawaii birth certificates. One would reasonably assume that the Nordyke twins' certificate number on their birth certificate should be higher since their birth would have occurred after Obama's and their birth also increased the population. Susan Nordyke was born at 2:12 p.m. Hawaii time and was given No. 151 – 61 – 10637, which was filed with the Hawaii registrar Aug. 11, 1961. Gretchen Nordyke followed at 2:17 p.m. and was given No. 151 – 61 – 10638, which was also filed with the Hawaii registrar Aug. 11, 1961. The Obama Certification of Live Birth (COLB) shows his certification number to be 151 1961-010641, which is three numbers later from the last born twin rather than being a number earlier than the first born twin. Raising more questions is the fact that Obama's birth was registered with the Hawaii registrar three days earlier, Aug. 8, 1961. How could his birth be registered earlier than the twins but be given a certificate number later than the twins? Another question is why the middle figure in Obama's purported registration is 1961, indicating the year of birth, while the Nordykes' is merely 61? WND was unable to receive a response from Hawaii officials regarding the state's procedure for issuing registration numbers and their providing a reasonable answer to these questions. The Nordyke twins birth certificate story was fully reported at http://www.wnd.com/index.php?pageId=105347;

(28) A debate on the adoption of a new Constitution took place in the House of the National Assembly of Kenya on Thursday, March 25, 2010. The Official Report of that House, dated Thursday, March 25, 2010, provides the details of that debate. One of the speakers during that debate was The Minister for Lands, Mr. Orengo. Ironically, he expressed that "[i]f we do not live by the values and principles contained in this Constitution, all that is contained in this Constitution will be of no significance...." He continued saying that Kenyans must follow the rule of law and especially the Constitution, stating that the "unmaking of Kenya began by disregard and non-compliance of the law. We ended up in a dictatorship that we had to fight for so many years...." He further explained that under the new proposed Constitution, the "Executive authority of the President . . . is derived from the people...." He then explained that Kenya must overcome its problem of elements of its population excluding people from participating in Kenyan life because of ethnic factors. He asked that all Kenyans unite, regardless of ethnic or tribal affiliations, stating: "The other thing that we are addressing through devolution is exclusion. What has made us suffer as a nation is exclusion. Once people feel excluded, even when you want to employ a policeman or constable or you want to build a dispensary, it must come from the centre. In the colonial days, these things were being done on the ground and they could give bursaries and build roads. I commend devolution. Those who fear devolution are living in the past. They are being guided by their ethnic consideration and objectives. They are living in the past. If America was living in a situation where they feared ethnicity and did not see itself as a multiparty state or nation, how could a young man born here in Kenya, who is not even a native American, become the President of America? It is because they did away with exclusion. What has killed us here is exclusion; that once Mr. Orengo is President, I know of no other place than Ugenya. That is why we were fighting against these many Presidencies in the past. I hope that Kenya will come of age. This country must come of age. People want freedom and nations want liberation, but countries want independence." Mr. Orengo's statement to the Kenyan Assembly in session is recorded in the official record/minutes of the Kenyan National Assembly meeting on the 25th of March, 2010, that the President of the USA was born in Kenya and is not a native born American. Scroll down to page 31 in the official record of the Kenyan Assembly meeting of 25 March 2010. There we have it clearly stated by a current member of the Kenyan Cabinet that Obama was born in Kenya and is not a "native American." It is unbelievable that a high-ranking member of the Kenyan government would make such a matter-of-fact statement, given the debate that is raging in the United States about whether Obama was born in Hawaii or Kenya. The full report may be found at http://www.scribd.com/doc/30293518/Minister-in-Kenyan-National-Assembly-on-25-March-2010-states-Obama-born-in-Kenya-See-page-31. The speech of Mr. Orengo starts at page 29 and ends at page 31. The above quote is found on page 31;

(29) Another Kenyan Minister on April 14, 2010, made a statement about Obama's origins and says that Obama should repatriate himself to Kenya. "What commitment did they make about compensation and more importantly, the biggest artefact [sic] in the USA today that belongs to this country is one Barrack Obama. How does he intend to repatriate himself or part of the money that is realized from all the royalties that he is attracting across the whole world?" Kenyan Minister Khalwale Asks When Obama Will Repatriate Himself @ Jefferson's Rebels http://jeffersonsrebels.blogspot.com/2010/04/kenyan-minister-khalwale-asks-when.html.

None of these factors alone would be sufficient to disprove that Obama was born in Hawaii. But the totality of them raises legitimate doubts which Obama should dispel by providing corroborating evidence supporting his claim that he was born in Hawaii. That evidence must be more than just posting in 2008 a computer image of an alleged 2007 COLB which at best is only prima facie evidence that he was born in Hawaii, for it does not contain the name of the birth hospital in Honolulu or of the delivering doctor there or other corroborating evidence.

Given America’s military might and who her current enemies are, Americans know that an attack upon America will most likely not come from without but rather from within. They also know the amount of power that the President and Commander in Chief of the Military wields and how that power affects their lives every day. Given these circumstances, it should not be difficult to understand why Americans, concerned for their life, liberty, safety, security, tranquility, and property, want to protect themselves by making sure that their President and Commander in Chief was born in Hawaii as he claims he was and that he is a “natural born Citizen” to whom they can entrust their very lives.

It is Obama who chose to run for President. We cannot imagine that he does not realize that he has no reasonable expectation of privacy as to his place of birth and as to what he has done in his life. Regardless of where Obama was born, he has lost what he probably perceives to be nothing more than a little birth certificate game given that he has disrespected so many Americans who have every right to know who their President is. Obama is supposed to be a constitutional scholar. Maybe he never learned or he forgot that the President works for and answers to the people who under our Constitutional Republic are the sovereigns. Obama’s refusal to provide basic credible information showing where he was born can only leave us thinking what is Obama hiding.

Mario Apuzzo, Esq.
April 25, 2010
Updated May 6, 2010
http://puzo1.blogspot.com/
####

A comment about the Hawaiian birth certification issue by Commander Kerchner:
Birth certificate registration fraud is more common than people realize. Here is an example of how people born in other countries were being falsely registered as born in the USA.

Birth Registration Fraud. It's Been Done Before. As reported by WND.com
http://www.wnd.com/index.php?fa=PAGE.printable&pageId=107200

Charles Kerchner
Commander USNR (Retired)
http://www.protectourliberty.org/
####

Friday, April 23, 2010

George Washington Consulted the Legal Treatise "Law of Nations" as America's New President

A historical account from the times of what the newly sworn in President George Washington was doing with the legal treatise and reference book Law of Nations in New York in 1789.

There was a news account recently that President George Washington borrowed the legal reference book "Law of Nations or Principles of Natural Law" and never returned it to the library in New York and now owes a huge past due fine on that book. This new current events story ties into the importance of that book to George Washington and the other founders. Attached is an image and an the account what the new President was doing with the book in 1789 in New York. The new President was found consulting that book by visitors to his office in New York in 1789.

New York was then the capital of the USA. See attached highlighted section of the history book, This Was New York, The Nation's Capital in 1789, by Monaghan & Lowenthal, published by Books for Libraries Press of Freeport NY. I have a copy of this rare book. But it can also be viewed online at Google's book site.
The Law of Nations by Vattel is a very important legal treatise and was very important to the founding of our nation and writing the Constitution. It was first published in 1758. The Law of Nations is mentioned in our Constitution in Article I, Section 8. The "Law of Nations or Principles of Natural Law" which is its full name was the preeminent legal treatise of the last half of the 1700s and was depended on heavily by the Revolutionary Patriots in the founding of our nation. Benjamin Franklin cited that it was being heavily used during the Constitutional Conventions when he received three new copies of the newest circa 1775 edition from the editor Dumas in Europe. And John Jay the 1st Chief Justice of the U.S. Supreme Court cited it often. This legal book was cited many times by the various U.S. Supreme Courts in the 1800s and much of it became the common law of our land via Supreme Court decisions citing the wisdom conveyed in this book.

And it is this legal treatise by Vattel which defines who the "naturel" citizens are, i.e., the "natural born Citizens" of a country, i.e., a person born in the country to two citizen parents of that country. This was the law of nature and Vattel codified it in his book Law of Nations or Principles of Natural Law. This book was the source of the wisdom which prompted John Jay to write to George Washington, presiding officer of the Constitutional Convention in the summer of 1787, and request that the requirement of "natural born Citizenship" be put into the new Constitution as an eligibility standard for the office of the President and commander of the military, for future holders of that office after the original generation past, to minimize any chances of foreign influences on that singular most powerful office in our new nation.

The founders and framers in their wisdom anticipated the day would come when a citizen of the world funded by foreign money would attempt to take over America. That day has come. Obama is not a natural born Citizen of the USA. He was born a subject of Great Britain. He is not Article II, Section 1, Clause 5 constitutionally eligible to be the President and Commander in Chief of the military for exactly the reasons John Jay stated to George Washington in the summer of 1787.

Obama is a Usurper in the Oval Office and must be removed by We the People.

CDR Charles Kerchner
Pennsylvania
http://puzo1.blogspot.com
http://www.protectourliberty.org
####

P.S. See this post for another founder and framer who sought answers from Vattel:
Benjamin Franklin in 1775 thanks Charles Dumas of the Netherlands for sending him 3 more copies of the newest edition of Vattel's Law of Nations

P.P.S. The legal treatise, The Law of Nations or Principles of Natural Law, known as the Law of Nations for short, defined the term "naturel" or "natural born Citizen" as a person born in the country of parents (plural) who were Citizens of the country:
http://countryfirst.bravehost.com/phpBB3/viewtopic.php?f=105&t=1169

P.P.P.S. Thomas Jefferson also used Vattel to help write the founding documents.
####

Saturday, April 17, 2010

The Court and Congress Expected the Other to Resolve the Obama Eligibility Question

On Thursday, April 15, 2010, Hon. U.S. Supreme Court Justice Clarence Thomas was giving testimony before the House Appropriations Subcommittee on the issue of the composition of the United States Supreme Court. The hearing was broadcast on C-Span. Subcommittee Chairman, Rep. Jose Serrano, D-NY (now the most senior Member of Congress of Puerto Rican descent), and he were having a pleasant exchange. Rep. Serrano was explaining to Justice Thomas how he feels “a little uneasy” despite much of the dismay of his friends on the “left” about having a hearing for the Supreme Court because of the respect that he has for the Court. He added that it was “humbling” but that the public understood the importance of what the Court does and the impact that it has on the future of our country. Justice Thomas thanked Rep. Serrano for his words. Rep. Serrano then jumped in and commented on Justice Thomas’ view on who can sit on the Supreme Court. The following exchange occurred:

Rep. Serrano: I’m glad to hear that you don’t think that there has to be a judge on the Court because I am not a judge. I have never been a judge.

Justice Thomas: And you don’t have to be born in the United States. So you never have to ask, answer that question (smiling).

Rep. Serrano: Oh, really?

Justice Thomas: Yeah (the audience laughing).

Rep. Serrano: So, you haven’t answered the one whether I can serve as (Justice Thomas interjecting) President but you answered this one (smiling).

Justice Thomas: We’re evading that one (laughter from Justice Thomas and the audience). We are giving you another option (more laughter from Justice Thomas and the audience).

Rep. Serrano: Thanks alot.

Justice Thomas: Thank you, Mr. Chairman.

Rep. Serrano: Mrs. Emerson.

Mrs. Emerson, Ranking Members, then starts to address Justice Thomas as he continues to laugh.

The YouTube video may be viewed at http://www.youtube.com/watch?v=O7qEH-tKoXA.
A biography on Rep. Serrano may be found at http://serrano.house.gov/Biography.aspx.

What does all of this mean in relation to Obama’s eligibility question? What is the message behind all the joking, laughter, and body language that can be viewed on the video? From Justice Thomas’ first mentioning that one does not have to be born in the United States to sit on the U.S. Supreme Court, it appears that Justice Thomas is telling Congress that the Court is angry with Congress for allowing Obama to sit as President even though there is a reasonable doubt as to whether he was born in the United States. Rep. Serrano read the real message of Justice Clarence’s statement and let him know about it, saying “Oh, really.” Rep. Serrano did not like Justice Thomas blaming Congress for the mishandling of the matter so he shoots back at Justice Thomas by telling him the Court failed to answer the Obama eligibility question when it should have but now is answering the question of whether someone who is not born in the United States can sit on the U.S. Supreme Court. From this comment we can conclude that Congress did not believe that it was its job to answer the question of whether Obama is eligible to be President and expected the judicial branch of government to answer that question. This is borne out by the many letters that Congressmen wrote to concerned Americans on the question of what was being done to address the issue of whether Obama was eligible for the Presidency. Justice Thomas then answered that the Court is “evading that one” and giving Congress “another option.” Here we can see that the Court is telling Congress that it avoided addressing the Obama eligibility issue so Congress could resolve it through the political process, giving Congress some other unknown “option” to resolve the crisis. We can only speculate what that other “option” is at this point. Needless to say, it appears that both Congress and the Court are angry at each other for the constitutional crisis that each accuses the other to have caused regarding the Obama eligibility question.

The Obama eligibility issue has run its course through the political process. We can reasonably expect Obama to run for a second term. We surely do not want to repeat during Obama’s second run for President what occurred during his first. We cannot reasonably expect to resolve the question of whether Obama was born in Hawaii and the meaning of the “natural born Citizen” clause by way of Americans voting at the polls. This issue is not going away. It is dividing our nation and needs to be decided as soon as possible. There is now no other way to resolve the question of Obama’s eligibility other than through the legal process. As Chief Justice John Marshall so well taught in many of his important U.S. Supreme Court decisions, there is no doubt that the judicial branch of government is well equipped and capable of deciding this critical issue of constitutional law and by doing so will not interfere in the work of the other two branches of government. The Kerchner et al v. Obama/Congress et al case which is now pending in the Third Circuit Court of Appeals in Philadelphia with a tentative merits hearing date of June 29, 2010 gives the judicial branch of government the prime opportunity to put this constitutional crisis finally to rest one way or the other.

Mario Apuzzo, Esq.
April 17, 2010
http://puzo1.blogspot.com/
####

P.S. Read the comments made on March 25, 2010, by Minister of Lands, Mr. James Orengo, Member of the Kenyan Parliament on the issue of Obama's country of birth during a session of the Kenyan National Assembly:
http://puzo1.blogspot.com/2010/04/current-minister-of-kenyan-government.html

Newspaper Birth Announcement Ads in 1961 in two Hawaiian Newspapers do NOT prove Obama was physically born in Hawaii

Newspaper Birth Announcement Ads in 1961 in two Hawaiian Newspapers do NOT prove Obama was physically born in Hawaii
by: CDR Charles Kerchner (Ret)
The two announcements in the Hawaiian newspaper in 1961 only prove a birth was REGISTERED there, not that he was born there. A registration was allowed under Hawaiian law in 1961 to be made by any family member via a simple mail-in form to the state Health Department. No 3rd party or independent witnesses to the birth were required. The statement of a family member registering a new born child as born home was accepted into the registration system with little or no questions back then. Thus the family could lie and register a birth in Hawaii when it occurred elsewhere, anywhere in the world, simply to get the child U.S. citizenship, a highly coveted status then and now. The false registration was not done so he could be President some day. The false registration was done to get the new born child citizenship for that time. It was a case of birth registration fraud to illegally gain U.S. citizenship for a foreign born child of the family.

Given Hawaii's very lax birth registration laws in 1961, as I said, Obama could have been born anywhere in the world and if Obama's maternal grandma filled out the form and mailed it in to the birth registration office saying Obama was born at their home in Hawaii, a vital record would be created. And the birth announcement was on the list of births registered that week and which lists were sent routinely each week to the two newspapers. With data systems it is GIGO, garbage (false registration data) in yields garbage out (fraudulently created birth record in the state's vital record system out). And with a falsified birth registration in the system, subsequent computer print outs in later years and carefully crafted statements by Hawaiian officials that they have a record of Obama being born in Hawaii can be obtained and made. But those printouts and statements are being made based on a falsified vital record mail-in registration form back in 1961.

WND.com, an online newspaper, did investigations on this first in 2009. They also did follow on stories in 2010 into how the newspaper ads were placed in those two papers in 1961 and the research revealed that the birth announcements were placed by the state, not the family. See these two article links below and many other articles as to how the Honolulu Advertiser and the other sister pub got the birth announcements from a list from the state each week, not from the families. These were public service birth announcements provided by the state. Garbage/falsified data on the available and simple birth registration mail-in form sent into the birth registration office in 1961 by a fraudulent filing by Obama's grandmother to get her foreign born new grandson U.S. citizenship, illegally but easily given Hawaii's lax laws back then, yielded a birth announcement in the paper for a birth in Hawaii that was registered there but did not physically occur in Hawaii. Obama was physically not born in Hawaii, as James Orengo, Member of Parliament, in Kenya recently attested to, as have other MPs in Kenya and as have members of Obama's paternal line family in Kenya.

2009 investigation into the two Obama Birth newspaper announcements:
http://www.wnd.com/index.php?fa=PAGE.view&pageId=104678

2010 follow-up investigation report in the Obama Birth newspaper announcements:
http://www.wnd.com/index.php?fa=PAGE.printable&pageId=121136

My explanation to Bill Cunningham on his nationally syndicated radio show in the summer of 2009:
http://www.youtube.com/watch?v=HmZpwcRf3FQ

See the name of the section at the top of the newspaper column which clearly tells you the source of the information in the announcement lists, "Health Bureau Statistics":
http://www.kerchner.com/images/protectourliberty/newspaper-announcements-were-placed-by-health-bureau-statistics.jpg

The main stream media is deliberately lying about how these birth announcements got into those newspapers when they tell America that the family placed the ads and that someone was anticipating that someday Obama would run for President. First the family did not place the ads, the state did. And the family member simply filed the false birth registration data on the mail-in form for the obvious purpose of gaining the child U.S. citizenship, a highly coveted status then and now. Birth registration fraud occurs today and it occurred then. And it occurred in 1961 with Obama. The Hawaiian authorities were victims of the birth registration fraud by Obama's grandmother back in 1961 and now instead of admitting it, they are covering up that there is no independent evidence to verify the false registration that Obama was born in Hawaii. No hospital or doctor's name no medical attendants name at the home. Nothing. Just the false testimony of the grandmother on a mail-in form that no one verified back in 1961.

With the contradictory statements being made in Kenya by government officials there and members of the family there that Obama was born in Kenya and is not a native born American, the true legal identity needs to be investigated in a court of law. Any reasonable person looking at the evidence for and against Obama being born in Hawaii would say there is reasonable doubt he was born in Hawaii and would demand a further investigation. But the media is covering up for Obama by making false statements to protect him. The media created Obama, covered up for him, and is still a propaganda organ for him. This is a national disgrace.

CDR Charles Kerchner
Pennsylvania
http://puzo1.blogspot.com
http://www.protectourliberty.org
####

Cross Link Update: Kenyan Minister of Lands, James Orengo, states in open session of the Kenyan Parliament that Obama was "born here in Kenya" and is "not a native American":
http://puzo1.blogspot.com/2010/04/current-minister-of-kenyan-government.html

Update: See this Catalog of Evidence prepared in May 2010 by Mario Apuzzo which shows the vast amount of evidence which points to Obama not being physically born in Hawaii and likely just falsely registered as being born there.
####

Sunday, April 11, 2010

Current Minister of Kenyan Government Declares Obama "was born here in Kenya" and Is Not a “native American”

A debate on the adoption of a new Kenyan Constitution took place in the House of the National Assembly of Kenya on Thursday, March 25, 2010. The Official Report of that House, dated Thursday, March 25, 2010, and recorded in the Kenyan government's depository, Hansard-the official source of printed transcripts of parliamentary debates-provides the details of that debate. One of the speakers (see pages 29-31) during that debate was The Minister for Lands, Mr. James Orengo. Ironically, he expressed to the Parliament in open debate that "[i]f we do not live by the values and principles contained in this Constitution, all that is contained in this Constitution will be of no significance...." He continued saying that Kenyans must follow the rule of law and especially the Constitution, stating that the "unmaking of Kenya began by disregard and non-compliance of the law. We ended up in a dictatorship that we had to fight for so many years...." He further explained that under the new proposed Constitution, the "Executive authority of the President . . . is derived from the people...."

He then continued to tell the Parliament that Kenya must overcome its problem of elements of its population excluding people from participating in Kenyan life because of their ethnicity or tribal affiliations. He asked that all Kenyans unite, regardless of ethnic or tribal affiliations, stating: "The other thing that we are addressing through devolution is exclusion. What has made us suffer as a nation is exclusion. Once people feel excluded, even when you want to employ a policeman or constable or you want to build a dispensary, it must come from the centre. In the colonial days, these things were being done on the ground and they could give bursaries and build roads. I commend devolution. Those who fear devolution are living in the past. They are being guided by their ethnic consideration and objectives. They are living in the past. If America was living in a situation where they feared ethnicity and did not see itself as a multiparty state or nation, how could a young man born here in Kenya, who is not even a native American, become the President of America? It is because they did away with exclusion. What has killed us here is exclusion; that once Mr. Orengo is President, I know of no other place than Ugenya. That is why we were fighting against these many Presidencies in the past. I hope that Kenya will come of age. This country must come of age. People want freedom and nations want liberation, but countries want independence."

There we have it clearly stated by a current Minister of the Kenyan Cabinet that Obama was born in Kenya and is not a "native American." It is unbelievable that a high-ranking member of the Kenyan government would make such a matter-of-fact statement, given the debate that is raging in the United States about whether Obama was born in Hawaii or Kenya. From his statement, it appears that Mr. Orengo believes that the American electorate knew that Obama was born in Kenya and still voted for him to be President. It is also significant that no one in the Kenyan Parliament corrected or challenged Mr. Orengo when he made his statement, given that Obama's place of birth debate must be well-known in Kenya and is important to Obama's legitimacy to be the President of the United States. Kenya would not only be embarrassed but would also be negatively impacted upon if Obama were found not to be the legitimate President of the United States. One would also think that Mr. Orengo would share his knowledge with the American people. I surely hope that the American media will immediately fly to Kenya and personally speak to Mr. Orengo to find out why he believes that Obama was born in Kenya. The full House report was originally found at http://www.bunge.go.ke/parliament/downloads/tenth_forth_sess/Hansard/RDRAFT25.03P.pdf. [Direct viewing scrubbed/disabled on Kenyan server as of 15 Apr 2010. A copy of the Kenyan National Assembly PDF file which was saved and uploaded to SCRIBD.com can still be downloaded from there.] The speech of Mr. Orengo starts at page 29 and ends at page 31. The above quote is found on page 31.

For a catalog of evidence concerning whether Obama was born in Hawaii or Kenya, see my essay entitled, Is the State of Hawaii Covering Up Birth Registration Fraud in the Case of Obama? Hawaii Law Makers Contemplating Stopping Concerned Americans from Investigating Whether Obama Was Born There - Plus a Catalog of Evidence for and Against Obama's Physically Being Born in Hawaii and Not Just Falsely Registered There After the Fact, at: http://puzo1.blogspot.com/2010/03/hawaii-law-makers-contemplating.html

Mario Apuzzo, Esq.
April 11, 2010
Updated April 14, 2010
http://puzo1.blogspot.com/
####

19 April 2010 Update: Another Kenyan minister, Dr. Bonny Khalwale, stated on the record on 14 April 2010 in the Kenyan National Assembly that Obama should repatriate himself to Kenya. See full story here:
http://jeffersonsrebels.blogspot.com/2010/04/kenyan-minister-khalwale-asks-when.html
####

Cross Link: Newspaper Birth Announcement Ads in 1961 in two Hawaiian Newspapers do NOT prove Obama was physically born in Hawaii. The two announcements in the Hawaiian newspaper in 1961 only prove a birth was REGISTERED there, not that he was born there. See this link for details:
http://puzo1.blogspot.com/2010/04/newspaper-birth-announcement-ads-in.html
####

New Ad - Obama & Pelosi Flout the Constitution - Obama Not "natural born Citizen" - 12 Apr 2010 Issue of Wash Times Natl Wkly - pg 5

New Ad - Obama & Pelosi Flout the Constitution - Obama Not "natural born Citizen" - 12 Apr 2010 Issue of Wash Times Natl Wkly - pg 5

http://www.scribd.com/doc/29727190/Obama-Pelosi-Flout-the-U-S-Constitution-20100412-Issue-Wash-Times-Natl-Wkly-pg-5#

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

Saturday, April 10, 2010

Kerchner v Obama Appeal - Atty Apuzzo Files Appellants' Motion for Leave to File Supplemental Appendix. Copy of the Appendix Also Filed.


Kerchner et al v Obama & Congress et al Appeal - Atty Mario Apuzzo Filed Electronically on 10 April 2010 to the U.S. 3rd Circuit Court of Appeals an Appellants' Motion for Leave to File a Supplemental Appendix. Along with the motion he also filed a copy of the Supplemental Appendix. You can read the motion and the Supplemental Appendix which I have combined into one file at this link.

http://www.scribd.com/doc/29721809/Kerchner-v-Obama-Appeal-Motion-for-Leave-to-File-Supplemental-Appendix-Filed-10-Apr-2010-w-Appx

Comment from Commander Kerchner, the Lead Plaintiff:
Our side is ready and rhetorically locked and loaded for the epic struggle. General Quarters has been sounded and the We the People are now awake on this issue and on the move to remove the unconstitutional Usurper from the Oval Office along with his corrupt and socialist backers with their foreign influences, money, and agenda for America to take our nation into a direction that is not American and violates our Constitution, the fundamental law of our land. We are a nation of laws not men. Our hearing in court is coming. If we don't prevail in the 3rd Circuit Court of Appeals this case will be taken to the U.S. Supreme Court. We the People will not quit. This issue is not going away until Obama's true legal identity is revealed and his constitutional eligibility to be President and Commander-in-Chief of our Military is thoroughly vetted in a court of law on the merits of the charges. The truth and the Constitution will win this fight in the end. We the People will insure that. So help us God.


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

Update:  On 26 May 2010 the Court of Appeals denied this motion regarding the filing of the Supplemental Appendix.  Oral Arguments for this case in Newark NJ are still tentatively scheduled for 29 June 2010.
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Publish Post

Friday, April 9, 2010

Kerchner v Obama Appeal - Atty Apuzzo Files 'Argument Acknowledgment' to 3rd Circuit Court of Appeals in Preparation for Argument on 29 Jun 2010



Atty Mario Apuzzo Files His 'ARGUMENT ACKNOWLEDGMENT' to the U.S. 3rd Circuit Court of Appeals in Preparation for the Hearing and Argument of the Kerchner v Obama & Congress Appeal Scheduled to be Heard on 29 Jun 2010.

http://www.scribd.com/doc/29687263/

Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http://puzo1.blogspot.com/

http://www.protectourliberty.org/
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Wednesday, April 7, 2010

Atty Apuzzo & CDR Kerchner on Revolution Radio Show hosted by Dr. Kate - Wed, 07 Apr 2010, 9:10 p.m. EST

Atty Mario Apuzzo and CDR Kerchner will be guests on Revolution Radio Show hosted by Dr. Kate on Wednesday, 7 April 2010, at 9:10 p.m. EST.

Direct link to Revolution Radio show at BlogTalkRadio.com:
http://www.blogtalkradio.com/drkate/2010/04/08/revolution-radio-constitutional-governance

Also stop by and read Dr. Kate's blog at:
http://drkatesview.wordpress.com/

Charles F. Kerchner, Jr., Commander USNR (Retired), Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org

Tuesday, April 6, 2010

Kerchner v Obama & Congress Appeal - Activity in the Case

There has been activity in the Kerchner et al vs. Obama & Congress et al Appeal before the U.S. 3rd Circuit Court of Appeals in Philadelphia Pa.

1st: Atty Apuzzo sent a letter on 2 Apr 2010 to the Court of Appeals requesting addition to the record the dissertation on natural born Citizenship written by David Ramsay and published in 1789, one of the founders of our nation.
2nd: A letter dated 6 April 2010 was received today from the Court of Appeals scheduling a hearing date for the case on Tuesday, June 29, 2010 in Newark NJ. The court indicated in the letter that it has not yet decided whether it will permit Oral Arguments and that the parties to the case will be notified on that decision at a later time. If Oral Arguments are not permitted the case will be decided on the written Briefs and documents before the court. The appeal will be heard by a panel of three Federal 3rd Circuit Judges the names of whom have not been provided at this time.

Atty Mario Apuzzo, time permitting given his active legal practice, will provide a fuller explanation about the filing he made and letter received today from the court later this evening or tomorrow. See comments below for more details.

Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http://puzo1.blogspot.com/
http://www.protectourliberty.org/
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Friday, April 2, 2010

Founder and Historian David Ramsay Defines a Natural Born Citizen in 1789

Founder and Historian David Ramsay
Defines a Natural Born Citizen in 1789

by: Mario Apuzzo, Esq.

In defining an Article II “natural born Citizen,” it is important to find any authority from the Founding period who may inform us how the Founders and Framers themselves defined the clause. Who else but a highly respected historian from the Founding period itself would be highly persuasive in telling us how the Founders and Framers defined a “natural born Citizen. ” Such an important person is David Ramsay, who in 1789 wrote, A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789), a very important and influential essay on defining a “natural born Citizen.”

David Ramsay (April 2, 1749 to May 8, 1815) was an American physician, patriot, and historian from South Carolina and a delegate from that state to the Continental Congress in 1782-1783 and 1785-1786. He was the Acting President of the United States in Congress Assembled. He was one of the American Revolution’s first major historians. A contemporary of Washington, Ramsay writes with the knowledge and insights one acquires only by being personally involved in the events of the Founding period. In 1785 he published History of the Revolution of South Carolina (two volumes), in 1789 History of the American Revolution (two volumes), in 1807 a Life of Washington, and in 1809 a History of South Carolina (two volumes). Ramsay “was a major intellectual figure in the early republic, known and respected in America and abroad for his medical and historical writings, especially for The History of the American Revolution (1789)…” Arthur H. Shaffer, Between Two Worlds: David Ramsay and the Politics of Slavery, J.S.Hist., Vol. L, No. 2 (May 1984). “During the progress of the Revolution, Doctor Ramsay collected materials for its history, and his great impartiality, his fine memory, and his acquaintance with many of the actors in the contest, eminently qualified him for the task….” http://www.famousamericans.net/davidramsay/. In 1965 Professor Page Smith of the University of California at Los Angeles published an extensive study of Ramsay's History of the American Revolution in which he stressed the advantage that Ramsay had because of being involved in the events of which he wrote and the wisdom he exercised in taking advantage of this opportunity. “The generosity of mind and spirit which marks his pages, his critical sense, his balanced judgment and compassion,'' Professor Smith concluded, “are gifts that were uniquely his own and that clearly entitle him to an honorable position in the front rank of American historians.”

In his 1789 essay, while not using the phrase “natural born Citizen,” Ramsay described the original citizens that existed during the Founding and what it meant to acquire citizenship by birthright after the Founding. The Constitution itself shows that the Framers called the original citizens “Citizens of the United States” and those that followed them “natural born Citizens.” He said concerning the children born after the declaration of independence, “[c]itizenship is the inheritance of the children of those who have taken part in the late revolution; but this is confined exclusively to the children of those who were themselves citizens….” Id. at 6. He added that “citizenship by inheritance belongs to none but the children of those Americans, who, having survived the declaration of independence, acquired that adventitious character in their own right, and transmitted it to their offspring….” Id. at 7. He continued that citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6. Ramsay did not use the clause “natural born Citizen.” Rather, he referred to citizenship as a birthright which he said was a natural right. But there is little doubt that how he defined birthright citizenship meant the same as "natural born Citizen," "native," and "indigenous," all terms that were then used interchangeably.

Here we have direct and convincing evidence of how a very influential Founder defined a “natural born citizen.” Noah Webster, 1828, in explaining how an American dictionary of the English language was necessary because American words took on different meanings than the same word in England, placed David Ramsay among great Founders such as “Franklin, Washington, Adams, Jay, Madison, Marshall, Ramsay, Dwight, Smith, Trumbull...” Given his position of influence and especially given that he was a highly respected historian, Ramsay would have had the contacts with other influential Founders and Framers and would have known how they too defined “natural born Citizen.” Ramsay, being of the Founding generation and being intimately involved in the events of the time would have known how the Founders and Framers defined a “natural born Citizen” and he told us that definition was one where the child was born of citizen parents. In giving us this definition, it is clear that Ramsay did not follow the English common law but rather natural law, the law of nations, and Emer de Vattel, who also defined a “natural-born citizen” the same as did Ramsay in his highly acclaimed and influential, The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns, Section 212 (1758 French) (1759 English). We can reasonably assume that the other Founders and Framers would have defined a “natural born Citizen” the same way the Ramsay did, for being a meticulous historian he would have gotten his definition from the general consensus that existed at the time. Ramsay’s dissertation presents valuable evidence of how the Founding generation defined the original citizens and the future generation of citizens which the Framers called “natural born Citizens.” It is valuable because it is evidence of the public meaning of these terms at the time they were framed and ratified.

Ramsay’s article and explication are further evidence of the influence that Vattel had on the Founders in how they defined the new national citizenship. This article by Ramsay is one of the most important pieces of evidence recently found (provided to us by an anonymous source) which provides direct evidence on how the Founders and Framers defined a “natural born Citizen” and that there is little doubt that they defined one as a child born to citizen parents. While Ramsay did not require that the child be born in the country, the Framers, with the exception of children born abroad to parents who were serving in the armies of the state or were engaged in other government service (see Vattel, Sec. 217), did as is evidenced by the Naturalization Acts of 1790 and 1795. This time-honored definition of a "natural born Citizen" has been confirmed by subsequent United States Supreme Court and lower court cases such as The Venus, 12 U.S. (8 Cranch) 253, 289 (1814) (Marshall, C.J., concurring and dissenting for other reasons, cites Vattel and provides his definition of natural born citizens); Dred Scott v. Sandford, 60 U.S. 393 (1857) (Justice Daniels concurring took out of Vattel’s definition the reference to “fathers” and “father” and replaced it with “parents” and “person,” respectively); Shanks v. Dupont, 28 U.S. 242, 245 (1830) (same definition without citing Vattel); Slaughter-House Cases, 83 U.S. 36, 21 L.Ed. 394, 16 Wall. 36 (1872) (in explaining the meaning of the Fourteenth Amendment clause, “subject to the jurisdiction thereof,” said that the clause “was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States;” Elk v. Wilkins, 112 U.S. 94 (1884) (“the children of subjects of any foreign government born within the domain of that government, or the children born within the United States, of ambassadors or other public ministers of foreign nations” are not citizens under the Fourteenth Amendment because they are not subject to the jurisdiction of the United States); Minor v. Happersett, 88 U.S. 162, 167-68 (1875) (same definition without citing Vattel); Ex parte Reynolds, 1879, 5 Dill., 394, 402 (same definition and cites Vattel); United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890) (same definition and cites Vattel); U.S. v. Wong Kim Ark, 169 U.S. 649 (1898) (quoted from the same definition of “natural born Citizen” as did Minor v. Happersett); Rep. John Bingham (in the House on March 9, 1866, in commenting on the Civil Rights Act of 1866 which was the precursor to the Fourteenth Amendment: "[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” John A. Bingham, (R-Ohio) US Congressman, March 9, 1866 Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866)).

The two-citizen-parent requirement would have followed from the common law that provided that a woman upon marriage took the citizenship of her husband. In other words, the Framers required both (1) birth on United States soil (or its equivalent) and (2) birth to two United States citizen parents as necessary conditions of being granted that special status which under our Constitution only the President and Commander in Chief of the Military (and also the Vice President under the Twelfth Amendment) must have at the time of his or her birth. Given the necessary conditions that must be satisfied to be granted the status, all "natural born Citizens" are "Citizens of the United States" but not all "Citizens of the United States" are "natural born Citizens." It was only through both parents being citizens that the child was born with unity of citizenship and allegiance to the United States which the Framers required the President and Commander in Chief to have.

Obama fails to meet this “natural born Citizen” eligibility test because when he was born in 1961 (wherever that may be), he was not born to a United States citizen mother and father. At his birth, his mother was a United States citizen. But under the British Nationality Act 1948, his father, who was born in the British colony of Kenya, was born a Citizen of the United Kingdom and Colonies (CUKC) which by descent made Obama himself a CUKC. Prior to Obama’s birth, Obama’s father neither intended to nor did he become a United States citizen. Being temporarily in the United States only for purpose of study and with the intent to return to Kenya, his father did not intend to nor did he even become a legal resident or immigrant to the United States.

Obama may be a plain born “citizen of the United States” under the 14th Amendment or a Congressional Act (if he was born in Hawaii). But as we can see from David Ramsay’s clear presentation, citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6. Hence, Obama is not an Article II "natural born Citizen," for upon Obama's birth his father was a British subject and Obama himself by descent was also the same. Hence, Obama was born subject to a foreign power. Obama lacks the birth status of natural sole and absolute allegiance and loyalty to the United States which only the President and Commander in Chief of the Military and Vice President must have at the time of birth. Being born subject to a foreign power, he lacks Unity of Citizenship and Allegiance to the United States from the time of birth which assures that required degree of natural sole and absolute birth allegiance and loyalty to the United States, a trait that is constitutionally indispensable in a President and Commander in Chief of the Military. Like a naturalized citizen, who despite taking an oath later in life to having sole allegiance to the United States cannot be President because of being born subject to a foreign power, Obama too cannot be President.

Mario Apuzzo, Esq.
April 2, 2010
Updated May 18, 2010
Updated February 21, 2011
http://puzo1.blogspot.com/
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