Monday, July 27, 2009

Filing Announcement: DOC 37 - Kerchner v Obama & Congress - Defendants' Reply to Plaintiffs' Opposition Brief to Defendants' Motion to Dismiss (MTD)

Filing Announcement: Defendants have filed their reply to Atty Apuzzo's opposition to the defendants' motion to dismiss (MTD).

As I read these documents and the docket, the motion decision dates are now scheduled as follows: on or about 3 August 2009 on the Defendants' motion to dismiss the entire lawsuit and on or about 17 August 2009 on the Plaintiffs' cross-motion to get leave from the court for the 2nd Amended Verified Complaint portion of the lawsuit Nunc Pro Tunc, which said motion the Defendants are opposing as the defendants want that 2nd Amended Verified Complaint stricken. Note: The 2nd Amended Verified Complaint was the only one served on the Defendants.

Atty Apuzzo will likely comment more on this later.

For more information and details contact Mario Apuzzo, Esq., at:

Charles F. Kerchner, Jr.
CDR USNR Retired
Lead Plaintiff
Kerchner et al vs. Obama & Congress et al


Teo Bear said...

Dear SFB Lawyer.

1. Why are you defending a private person with public funds since this lawsuit challenges his actions before he took office?

2. Please look at the election report, it is apparent that those who see defending the Constitution are the minority.

3. Who created this government? The congress, the president, the judges, sure as hell not the lawyers. This government was created by the people. WE ARE SOVEREIGNS.
If these people didn't have power, they would make me laugh.

shakes said...

Mario...I just heard O’Reilly state that Fox News has the birth certificate from Hawaii and that they received it over a year ago!!! Please demand to see it….and what I want to know is why they have it and none of the attorney’s who have filed the law suits can see it??? Did the FRAUD give Hawaii permission to send it to Fox News and no one else…..this is peculiar in itself seeing how Mr. Fraud has concealed all of his records and now this too…I just got this information from a friend…..

Just checking in. Hawaii official is now saying Obama is Natural Born Citizen:

In an attempt to quash persistent rumors that President Obama was not born in Honolulu on Aug. 4, 1961, Hawai’i’s health director reiterated this afternoon that she has personally seen Obama’s birth certificate in the Health Department’s archives.

“I, Dr. Chiyome Fukino, director of the Hawai’i State Department of Health, have seen the original vital records maintained on file by the Hawai’i State Department of Health verifying Barrack Hussein Obama was born in Hawai’i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago….”

OK then, someone should ask Dr. Fukino who granted permission for her to look at Soetoro’s files and where the court order is granting this permission.

Otherwise someone’s in a whole heap of trouble….and what is on that document that proves Obama is a “natural born” citizen……I smell a RAT….a BIG FAT ONE!!!!!


The Stacker said...

If this is true, and she said it word for word, I can no longer look at this issue the same way. I am trying to verify its veracity. Anyone with thoughts?

Anonymous said...
This comment has been removed by the author.
Jet said...

Eventually it will be released and it will show that Obama was born in hawaii, yada yada yada, which will then lead to birthers crying forgery and conspiracy and the Obamabots calling them kooks. People, unless we concentrate on the fact of Obama's father being a UK citizen making him a dual citizen and therefore NOT a natural born citizen, the Obamabots will own the debate and control the media coverage. Leo Donofrio has a great article on the SCOTUS in 1874 saying that despite the 14th Amendment, native born does NOT equal natural born citizen.

cfkerchner said...


That he has a birth record in his files has not been doubted. They question is what kind and what does it say and what independently verifiable evidence is on it. If if is only the sworn statement of one parent or the grandparent as being born at home with no independent corroborating evidence, then it was likely filed falsely by the parent or grandparent after Obama being brought back to the USA from Kenya, where the paternal grandmother attests that he was born and she held him there in the hospital on the day of his birth. Have you read this CIA Officer commissioned report on how easy it was to get a "birth certificate" in 1961 in Hawaii based on the 1955 law and procedures in effect in 1961. You could register a birth by mail with no non family witnesses to the birth at all. Read this report:

Then read this narrative:
Narrative - How Obama is Born in Kenya but Obtains Hawaii BC

And who made this Hawaii health department official and gave that person the authority to amend the Constitution by saying that simply being born in Hawaii makes Obama a natural born citizen. This is simply more attempts to give Obama cover. Since Obama's father was not a citizen nor an immigrant to the USA, Obama is not a natural born citizen to constitutional standards.


Christinewjc said...

Personally, I happen to think that Dr. Fukino is full of sh**!

If we go back to what Leo Donofrio once quoted, it is apparent that Fukino's notion of what constitutes a "natural born citizen" is not the same as what the framers meant when originally written in the U.S. Constitution!

Donofrio quote:

"During the election, then Senator Obama published a statement at his website which said that his birth status was “governed” by the British Nationality Act of 1948. Can you please tell the American people how a natural born citizen of the United States can be governed – at birth – by British law? – From Leo Donofrio’s Natural Born Citizen blog.

This "ball of confusion" that is being spun by Obama, his lawyers, the media and all the rest of the spin doctors are utilizing Alinsky's "Rules for Radicals" playbook. They want to confuse the issue at hand to such an extent that they get away with allowing this usurper fraud and bogus POTUS to continue in his America destroying ways.

Don't let them get away with it!

I applaud Attorney Apuzzo and defendent C. Kerchner for their persistent pursuit of the TRUTH about Obama's citizenship issue.

I am praying that the judge in this case doesn't let the lawyer spin doctors on the Obama side get away with trashing our U.S. Constitution in this matter.

Teo Bear said...

Dear Lemon,

Let's assume what they say is true.

Let's make another assumption that there is nothing in that birth certificate that would make any of us more suspicious. That is every thing is there as it should be, the Doctor, the Hospital, there is nothing there that would lead to more questions or embarrass Obama.

The question then is why doesn't he simply release it? Have Mario, Phil, Orly and Lou all see it. They can report back to us that they seen it and he satisfies the first condition.

If all that is true then that is the real question we need to ask. We seen how he just played the racist card; is he trying to cause a race riot? Is this his goal? Is he looking for an excuse to declare martial law?

Think Lemon, think

Teo Bear said...


I guess she feels if lawyers can tell doctors about medicine, then she can tell us about the law?

That is all I can figure out about her terse statement.

As a public official she should be asking Obama publicly to release his Certificate of Life Birth.

Anonymous said...

I just briefly skimmed this new response by the DOJ, but it looks rather weak in comparison to Mr. Apuzzo's response to the motion to dismiss. Hopefully the judge sees it that way.

Mick said...

Unknown said...


You should check out the discussion at Professor Jonathan Turley's Blog.

You would be amazed at how, without even a second thought, some attorneys will promote false statements as fact.

As of today, 535 comments have been posted.

jayjay said...

Some 6 or so months ago I snail-mailed Dr. Chiyome Fukino asking here to provide the certificate number on Obama's vault BC since she claims to have seen the original in their records.

I even provided a Self Addressed Stamped Envelope (SASE) for her convenience and I pointed out I was not seeking any of the pertinent birth information but merely the certificate number.

What do you think happened??? Right ... and HI even kept my stamp and attached envelope so I feel like they owe me :-).

Fukino's current statement is obviously one put forth as a result of political pressure to further the set-up of Obama being born in HI and therefore a NBC. He may have been born there (yet to be determined (Fukino notwithstanding since she certainly has no idea of the definition of NBC and her statement shows that), but that makes no difference at all.

He has already told all Americans in his various writings and websites (some of which he's furiously working to "electronically execute") that his birth was governed by the BNA of 1948. That makes him anything but a "natural born citizen".

You may notice too that Fukino used the terminology "natural-born American citizen" apparently to further the sham birth to two American parents - which everyone now knows was not the case.

She's either totally stupid or lying. My money's on the latter.

jayjay said...

In fact, I think Beckwith has it exactly correct over on his:

and that what the good Dr. Cyiyome (who still owes me 43 cents plus an envelope) is - very cleverly not "lying" at all but carefully misstating the actual truth.

If you read her statement carefully and slowly you'll note that what she is REALLY saying is that she's seen the COLB data and NOT the original vault copy. So she has merely lied (oh, pardon me ... "misstated the facts") to try to fool everyone into thinking that Obama is "born in HI" ... who the hell cares??? That's not the issue at all.

The issue is he hasn't shown that he's eligible per the Constitution to hold the office he now occupies.

My mother used to tell me that intentionally trying to get people to believe things that aren't true is a lie no matter how artfully you phrase it. But she didn't work in the man's home state.

jayjay said...

Everyone - including Dr. Chiyome Fukino - should watch this outstanding YouTube presentation:

Joe said...

I read their response.

All I have to say is why can't American citizens have standing when it comes to Constitutional issues, illegal aliens do...

Anonymous said...

It seems that the radicals at the Daily Kos are trying to get Lou Dobbs taken off the air; see

There are some e-mail addresses in that article of CNN executives, including CNN’s president. Mr. Apuzzo, perhaps you should e-mail him and offer to discuss the main dual citizenship issue on Dobbs’ show (seeing as how the media has focused on the birth certificate, but has said apparently nothing about Vattel and Obama's dual citizenship). I already e-mailed him, and think it would be good if as many of us as possible did so also (though just one e-mail per person; we don’t want to irritate the man).

sjc said...

Moderator- you may not want to make this a public post.

From WND an article dealing with long form birth certificates indicating Dept of Health Registrar certificate number sequencing.

The Hawaiian Dept of Health August 1961 registry role itself should be investigated/subpoenaed and cross checked. The certificate numbers should be traced to birth hospitals, birthdates, registration dates, etc. to glean such data for irregularities or patterns. The question of how file numbers are assigned and by whom should be asked. Are they assigned by the Dept of Health or by the various birth hospitals? Persons issued near numbers could reveal attending physicians, who if narrowed down could indicate attending physician for Obama and traced to Parent patient files maintained by Obstetrician, if still in existence.

from WND
....certificates issued by Kapi'olani to the Nordyke twins shows the registration number precedes the number given Obama, even though the future president was born a day earlier.

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.

According to a version of Obama's purported short-form certificate available from, Obama was given a higher registration number than the Nordyke twins. The online image indicates the number is No. 151 – 1961 – 10641, even though he was born Aug. 4, 1961, the day before the twins, and his birth was registered with the Hawaii registrar three days earlier, Aug. 8, 1961.

The middle figure in Obama's purported registration also is different than the Nordykes'. Obama's is 1961, indicating the year, while the Nordykes' is merely 61.

jayjay said...


Great idea and I'll email that entire list to make sure they know there are more than the "kooks and crazies" that the DailyKos Flying Monkeys put forth.

And I'll make the same suggestion - in fact I've already mailed Lou Dobbs (and others) and will do even more in that regard.