Atty Apuzzo & CDR Kerchner will be on the Revolution Radio Show hosted by Dr. Kate - Wed, 17 Nov 2010, 9:00 p.m. EST

Atty Mario Apuzzo and CDR Charles Kerchner (Ret) will be guests on the Revolution Radio Show hosted by Dr. Kate on Wednesday, 17 Nov 2010, at 9:00 p.m. EST. The subject will be the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court including review of the four questions presented in the Petition. Two Justices, Sotomayer and Kagan, have been requested in the Petition to recuse themselves from this case in that they have a direct financial conflict of interest in the outcome of this case, i.e., their very appointments to the court were made by Obama. We have also asked the Justices in our Petition to take judicial notice of the Lt Col Lakin court martial in process and the Affidavit filed in that military trial by Lt Gen McInerney as to the impact that the uncertainty of the constitutional eligibility of Obama is having on our military whose members have all sworn an oath to support and defend the Constitution against all enemies foreign and domestic. Recent activity in the case includes an Amicus Curiae Brief which was filed by the Western Center of Journalism in support of the Kerchner et al v Obama et al Petition for Writ of Certiorari before the U.S. Supreme Court. The uncovering and initial release to the public by this blog on 5 Nov 2010 of the Congressional Research Service (CRS) internal memorandum to members of Congress will also be discussed.

Listen to podcast replay at this link:
http://www.blogtalkradio.com/drkate/2010/11/18/revolution-radio-kerchner-obama-the-constitution

Also stop by and read Dr. Kate's post-show blog on the show and the comments at:
http://drkatesview.wordpress.com/2010/11/18/kerchner-and-apuzzo-interview-on-revolution-radio/

The Petition to the U.S. Supreme Court was filed on 30 Sep 2010 and is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on Tuesday, 23 Nov 2010. To read the Petition see this link: http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446

1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.

2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.

3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”

4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.

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P.S. A special request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano "Freedom Watch" TV show to be a discussion of the legal term of art, "natural born Citizenship". Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano "Freedom Watch" TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be "natural born Citizenship". Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano's Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see the protectourliberty.org site and help the cause with a donation:
http://www.protectourliberty.org
http://puzo1.blogspot.com
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Kerchner et al v Obama et al Petition for Writ of Certiorari Distributed to the U.S. Supreme Court Justices for Conference Scheduled for 23 Nov 2010

Kerchner et al v Obama et al Petition for Writ of Certiorari Distributed to the U.S. Supreme Court Justices for Conference Scheduled for 23 Nov 2010

See the new activity on the U.S. Supreme Court Docket at this link:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-446.htm

To read the Petition to the U.S. Supreme Court filed on 30 Sep 2010 see this link:
http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

For More Information contact:
Mario Apuzzo, Esq., Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel: 732-521-1900, Fax: 732-521-3906
Email: apuzzo@erols.com

More information will be posted as we receive it.

CDR Charles Kerchner (Ret)
Pennsylvania USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
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Respondents Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit

Respondents (Obama & the other Defendants) Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit

There is new activity on the U.S. Supreme Court Docket today with an effective date on the docket of 3 Nov 2010.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-446.htm

1. The Respondents named in our Petition have waived their right to respond.

2. The Western Center for Journalism has filed a motion for leave to file an Amicus Curiae Brief in support of our petition.

To read the Petition to the U.S. Supreme Court filed on 30 Sep 2010 see this link:
http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

For More Information contact:
Mario Apuzzo, Esq., Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel: 732-521-1900, Fax: 732-521-3906
Email: apuzzo@erols.com

More information will be posted as we receive it.

Update 1 - 06 Nov 2010:
Copy of Waiver by the Government received in the mail has now been scanned in and uploaded to SCRIBD.com. You can view it at this link:
http://www.scribd.com/doc/41336760/Waiver-by-Respondents-in-Kerchner-v-Obama-Petition-for-Writ-of-Certiorari-to-U-S-Supreme-Court

Update 2 - 06 Nov 2010:
To read the Amicus Curiae Brief filed for the Western Center for Journalism in support of our Petition for Writ of Certiorari see this link:
http://www.scribd.com/doc/41345999/Amicus-Curiae-Brief-to-Support-Kerchner-v-Obama-Petition-by-the-Western-Center-for-Journalism-Filed-by-Atty-Kreep

Update 3 - 06 Nov 2010:
Here are the applicable U.S. Supreme Court rules and regs regarding Amicus Curiae Brief filings in support or in opposition to Petitions for Writ of Certiorari:
http://www.scribd.com/doc/41348870/Amicus-Curiae-Briefs-Supporting-or-Opposing-Petitions-for-Certiorari-Supreme-Court-Practice-9th-Edition

Update 4 - 08 Nov 2010: Petition distributed to the U.S. Supreme Court Justices for the conference scheduled for 23 Nov 2010.

CDR Charles Kerchner (Ret)
Pennsylvania USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org/
http://puzo1.blogspot.com/
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Atty Apuzzo & CDR Kerchner on the Revolution Radio Show hosted by Dr. Kate - Wed, 06 Oct 2010, 9:00 p.m. EST

Atty Mario Apuzzo and CDR Charles Kerchner (Ret) were guests on the Revolution Radio Show hosted by Dr. Kate on Wednesday, 6 Oct 2010, at 9:00 p.m. EST. They discussed the recent filing of a Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama/Congress/Pelosi et al lawsuit. The Petition can be seen listed on the official Docket of the U.S. Supreme Court . Below is a direct link to a PODCAST of the show and interview by Dr. Kate on BlogTalkRadio.com:

http://www.blogtalkradio.com/drkate/2010/10/07/revolution-radio-welcomes-cdr-kerchner-and-attorne


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

P.S. A special request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano "Freedom Watch" TV show to be a discussion of the legal term of art, "natural born Citizenship". Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano "Freedom Watch" TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be "natural born Citizenship". Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano's Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

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
http://puzo1.blogspot.com
####

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit

News Release

FOR IMMEDIATE RELEASE
30 September 2010, 8:00 P.M. EDT

CONTACT: Mario Apuzzo, Esq., Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel: 732-521-1900, Fax: 732-521-3906, Email: apuzzo@erols.com

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs Obama/Congress/Pelosi et al Lawsuit

[Update 4 Oct 2010: U.S. Supreme Court Assigns Docket Number: 10-446. Response from Defendants due to the U.S. Supreme Court by 3 Nov 2010.]

[Update 13 Oct 2010: Kerchner v Obama - Supreme Court Activity]

JAMESBURG, NJ – (Sept. 30, 2010) - Attorney Mario Apuzzo of Jamesburg, NJ, today filed a Petition for a Writ of Certiorari with the U.S. Supreme Court in Washington DC, on behalf of plaintiffs, Charles F. Kerchner, Jr., Lehigh County, PA; Lowell T. Patterson, Burlington County, NJ; Darrell J. LeNormand, Middlesex County, NJ; and Donald H. Nelsen, Jr., Middlesex County, NJ. Plaintiffs are challenging the recent decision of the Third Circuit Court of Appeals in Philadelphia, PA, which affirmed the dismissal by District Judge, Jerome Simandle, sitting in the Federal District Court, Camden, NJ, of plaintiffs’ lawsuit in which they charge that Barack Hussein Obama, aka Barry Soetoro, has NOT conclusively proven to any controlling legal authority that he is an Article II, Section 1, Clause 5 “natural born Citizen of the United States” and thus constitutionally eligible to serve as the President and Commander-in-Chief of our military, and that he has hidden all his early life records including his original long-form birth certificate, early school records, college records, travel and passport records needed to prove he is even a born Citizen of the United States

Obama was born a British Subject/Citizen to a British Subject/Citizen father and a U.S. citizen mother. Obama's father was not a U.S. Citizen and never intended to be one. Obama's father was never even an immigrant to the USA nor was he even a permanent legal resident. Obama's father was a foreign national sojourning in the USA to attend college. Obama is still a British Subject/Citizen to this day because he has never renounced that citizenship. According to this lawsuit, Obama was born a dual-citizen with dual allegiance and loyalty and is therefore not constitutionally eligible to be the President and Commander-in-Chief of our military. The founders of our country and framers of our Constitution required the President to have unity of citizenship and sole natural allegiance to the USA from the moment of birth, which Obama does not and cannot have. This was a national security issue to the founders and framers.

Obama has multiple foreign allegiance claims on him because of his British citizenship which also converted to Kenyan citizenship at age 2. Obama was also an Indonesian citizen as a youth when he was adopted or acknowledged by his Indonesian step-father when he married his mother, Stanley Ann Dunham.

The lawsuit seeks a trial on the merits to determine the true facts of Obama’s legal identity and exact citizenship status and to require Obama to prove to the courts that he is eligible for the federal office he sits in per our Constitution, Article II, Section 1, Clause 5, which states: No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

The legal term of art, natural born citizen, is defined by the world renowned legal scholar, Emer de Vattel, in his pre-eminent legal treatise and enlightenment to the world of jurisprudence in the revolutionary period, The Lawof Nations or Principles of Natural Law, published in 1758, and which was used by the founders by the Continental Congress during the formation of our country and by the framers of our U.S. Constitution, and whose definition of natural born Citizen is incorporated in several U.S. Supreme Court decisions. Vattel and U.S. Supreme Court decisions agree that a natural born citizen is a person born in the country to two parents who are both citizens of the country. Obama’s father was not a U.S. citizen, nor even an immigrant to the USA. Thus Obama is not a natural born citizen of the USA, and that is the reason for the lawsuit.

The original lawsuit was filed early in the morning of January 20, 2009, before Obama was sworn in. The case was dragged out by delays by the government in addressing the case and deciding on whether the case would proceed to a fact finding trial on the merits or not. The courts have decided that it will not go to the merits and have dismissed the case using technical and procedural tactics to keep the Plaintiffs from getting to the merits of the charges.

By the lower Courts finding that plaintiffs do not have standing and that their claims present a political question, the lower Courts were able to avoid having to address the underlying merits of the Kerchner case. With such a decision, the American People unfortunately still do not know conclusively where Obama was born and whether he is an Article II “natural born Citizen” and therefore constitutionally eligible to be President and Commander in Chief. Being a born “Citizen of the United States” is a necessary part but is NOT sufficient to be an Article II “natural born Citizen of the United States”. We have asked the relevant questions and provided for the U.S. Supreme Court in our Petition various reasons why it should accept this case and promptly resolves this constitutional crisis.

--more--

For a copy of the Petition and more information about the lawsuit see these links:

Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit

http://www.scribd.com/doc/19914488/Kerchner-v-Obama-Congress-Table-of-Contents-2nd-Amended-Complaint

http://www.scribd.com/doc/11317148/Kerchner-et-al-v-Obama-Congress-et-al-filed-at-250-am-20Jan2009-2nd-Amendment-filed-09Feb2009

http://www.scribd.com/doc/17748032/Kerchner-v-Obama-Congress-Docket-Report

http://www.scribd.com/doc/22556305/Docket-Report-Kerchner-v-Obama-Congress-U-S-3rd-Circuit-Court-of-Appeals-Philadelphia-PA

http://puzo1.blogspot.com/2009/10/real-kerchner-v-obama-congress-case-is.html

http://puzo1.blogspot.com

http://www.protectourliberty.org

For additional comments or information please contact Mario Apuzzo, Attorney at
Law, 185 Gatzmer Avenue, Jamesburg, NJ, 08831, Tel: 732-521-1900, Fax:
732-521-3906, Email: Apuzzo@erols.com

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UPDATE 04 Oct 2010: The Petition is now posted in the Docket of the Supreme Court of the United States and can be seen at this link:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-446.htm

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