Friday, February 12, 2010

Obama and Congress Request and Obtain Extension of Time to File Opposition Brief to Kerchner Appeal

On January 19, 2010, I filed the Appellants' Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia. In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama's alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question. In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents. We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth. Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.

We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate (a long-form birth certificate generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which was posted on the internet by some unknown person in 2008) or through other contemporaneous and objective documentation. Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept him as a “natural born Citizen.”

The defendants had 30 days within which to file their opposition brief. Defendants have requested and obtained from the Court an extension of time to file their brief. The Court has granted them until March 8, 2010 to file it. After that filing, I will then have a chance to file a reply brief within the next 14 days.

You may obtain a copy of my brief at this site . We will be posting here the defendants' opposition brief after it is filed along with my reply brief. I hope that many of you will take the time to read these briefs so that you may learn first hand what the legal issues and arguments are regarding whether the plaintiffs have standing and/or are precluded by the political question doctrine to challenge Obama on his eligibility to be President and Commander in Chief, and what the meaning of an Article II “natural born Citizen” is.

Mario Apuzzo, Esq.
February 12, 2010

If you can, help the cause.
CDR Kerchner, Lead Plaintiff


jayjay said...

Indeed it looks as though you may be right. The defense couldn't even come up with a written request outlining WHY they needed more time ("because Barry wants it"???) but had to make a verbal request.

Seems as though their feathers may be ruffled. The wicket gets a lot
stickier for them from here on, I think.

James said...

Classic Legal Technique to stall things. They need more time but really probably don't need more time and are just stalling. Mario, remember to try to anticipate their plan of attack and be ready to combat it.

Doublee said...

Mr. Apuzzo,

There appears to be a typographical error on p. 37 of your brief:

"We are [NOW] suing him because plaintiffs do not like him… Rather, we maintain he does not meet the textual ‘natural born citizenship’ requirements…"

"Now" should be "not".

jayjay said...


It reminds one of the old legal conundrum -

"If the law is on your side argue the law. If the facts are on your side argue the facts. If neither are on your side make something up."

They're rather stuck with having to use that last sentence - and it takes extra time since whole cloth is harder to work with ...

Anonymous said...

I have had some most interesting reading this evening. Yes, more Congressional records/hearings from you know, all those dead men who were true Americans & knew the intent of the framers and the intent of all the laws including immigration, the 1790 Act, the 1866 Act, the 14th & the 1868 Expatriation Act.

What these recorded hearings on immigration & the census records from 1790 to 1880 confirm is that children of immigrants, including those born on US soil, were themselves classified as foreigners. The term native was exclusively held to the ‘grandchildren of the original immigrants.

begin page 666 Mr Louis Schrader statements before congress

begin page 705 Mr John P Eberhart Statement before congress

These reacords are proof that the framers never intended for a child to have divided loyalty at birth. You were either born American by birth to 2 US citizens or you were naturalized.

Therefore, the qualification for president was to be born owing no allegiance to any foreign nation aka born to 2 US citizen parents on US soil.

James said...

Please encourage your supporters to participate in the following event:

Host: Obama Release Your Records
Type: Causes - Protest
Network: Global
Date: Wednesday, February 17, 2010
Time: 12:00pm - 8:00pm
Location: Home or wherever there is a phone and internet from 12 pm est - 8 pm est...

Mario Apuzzo, Esq. said...


You are correct on that typo.

Larry said...

Defendants are acutely aware they cannot possibly present a valid legal defense to Plaintiffs' charges, therefore Defendants are employing subterfuge and diversionary tactics in an attempt to prevent a hearing based on the facts. How cowardly and un-American, yet very typical, of this administration! The usurper and every member of Congress lives in mortal fear of the wrath of an awakened, aware, and angry American Citizenry. From the silent stares I receive from active members of "G-2" in answer to my questions on the "n.b.C." question, I can readily see there is plenty of monkey business going on behind the scenes in Washington.

cfkerchner said...

As Lead Plaintiff in this case it looks to me like the Defendants are having great difficulty finding a way to knock down the constitutional, historical, and legal arguments made by Attorney Mario Apuzzo in the Appellant's Opening Brief to the U.S. 3rd Circuit Court of Appeals filed in Philadelphia PA, the city where our U.S. Constitution was written in 1787.

The truth about Obama's constitutional ineligibility for the office he sits in, and the fundamental law of our nation, the U.S. Constitution, will win the day in the end.

It is only a matter of time before the fraud of Obama in the 2008 election will be revealed. And because of that the progressives are trying to run out the clock to keep him in office as the putative president as long as possible. But in my opinion Obama's days of deceit and fraudulently occupying the Oval Office are numbered.

Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
Lawsuit details:
To Help Visit this Site and Make a Donation to the Cause:

Robert said...

There is no justification for the delay.

Give me a break! It's not like Mr. Obama is being asked to translate "War and Peace" into Aramaic or draw up the technical diagrams for an advanced carrier.

This is as simple as it gets. It's one lousy piece of paper! This is a "put it in an envelope and haul it over to the judge and you're done in five minutes" problem.

Except that he doesn't have documentation (a birth certificate) showing that he was born to two citizen parents in Hawaii. Obama's father was a British/Kenyan citizen - never a US citizen. Who knows where he was born? He hasn't documented that, either.

Only the insane fail to see that Obama's failure to immediately provide the appropriate documentation is an admission that he can't and that he is not qualified to hold the office of President of the United States.

It's time to get this done, clean up the mess, and move on.

cfkerchner said...

Kerchner case will test Third Circuit court’s adherence to the Constitution | by John Charlton of The Post & Email

Bravo Mario! Your outstanding legal work and writing is being recognized and will be cited in history.

CDR Kerchner

garygs415 said...

Mr. Apuzzo, I don't know, I guess I'm just getting a little weary and am losing hope, but do you think there's a judge out there... somewhere who'll take on Obama's illegal presidency? Or do you think there's a chance that somehow, someway, every court, as well as all the big-time media personalities, have been paid off, or in some other way persuaded to stay away from this?

Anonymous said...

Why would you need more time just to post a birth certificate? Well... maybe that is the real problem then, isn't it...

Unknown said...


Has the court granted your motion to file the over-long brief?

jayjay said...

Mario Apuzzo et al:

If the DOJ lawyers were truly living up to their oath to defend the U. S. Constitution from enemies foreign and domestic, they'd be staying away from this case in droves and URGING Obama to produce the requested documentation of his life's history.

If you go to the main Mario Apuzzo website and actually read the Initial Appeals Brief of Jan 19, 2010, you're in for a real eye-
opener (as are the DOJ attorneys "defending" Obama using our tax money).

That's doubly ironic since these attorneys - and their bosses - took an oath to defend the Constitution from enemies foreign AND domestic but they are now in the ridiculous position of actually attacking that very document rather than defending it and are trying to get an obviously ineligible man to remain in an office he has never shown himself to be eligible to hold.

The wonderful Apuzzo Brief is a primer on both Constitutional law, the Founders' intent vis-a-vis Article II of the Constitution and a forceful put-down of the lies and misinformation put forth by the Obama Flying Monkeys such as "smrstrauss" and others.

Actually, Obama's whole life seems to be nothing but a work of fiction. The man has never shown himself to be Constitutionally
eligible to hold the office he now occupies.

If you'd like to see something from a different point of view, watch the two short videos below which, even though they start
slowly and have a bit of fun, contain a wealth of factual data - more than we've seen from Obama.

In fact in the second video a famous senator is quoted speaking about someone that sounds for all the world like "Our Boy" and really strikes a chord.

Only thing is the senator was the Roman named Cicero speaking in 42 BC - but the message is still very directed and pertinent for all of us: Three Little Words Merry Christmas OmeriKa!!

Larry said...

Defendants continue to play infantile word games. Even a school child knows the usurper's "the dog ate my homework" story regarding the long form birth certificate and all his other background documentation is a fraud. He's employed by the Citizens, he is not a member of royalty. If the usurper had been applying for a job in the private sector and refused to prove he was qualified for the position, he wouldn't even have been granted an interview. It's wrong that the lowest level government employees undergo strict background screening, but politicians are exempt from all such precautionary procedures. 202 224 3121, U.S. Capitol switchboard, open 24/7/365. DEMAND A CONGRESSIONAL INVESTIGATION! CONGRESSMEN WORK FOR US. 202 224 3121

cfkerchner said...

McCain was an active part of the usurpation of the Constitution in 2008 and an active part of the cover up since then. I hope this ad totally backfires on McCain and fully opens to discussion in the major media for the first time that both candidates from both parties in 2008 were ineligible under Article II of our Constitution. Neither Obama or McCain were “natural born Citizens” of the USA to constitutional standards as envisioned by the founders of our nation and the framers of the Constitution. McCain was born in a civilian hospital in Panama outside the Canal Zone. He was not born on the military base as SR 511 alleges and his campaign and backers put out ... as there was absolutely no military base hospital or medical facility for maternity care in 1936 when McCain was born. Also, the Foreign Affairs Manual put out by the State Department clearly spells that out other issues for the situation involving McCain. And we all know the reasons why Obama is not a “natural born Citizen”, i.e., that his father was not a U.S. citizen when Obama was born, wherever that turns out to be. Read this essay for more details on the usurpation and the cover up by complicity of both the DNC and RNC, enabled by the Main Stream Media, … and to the detriment of We the People and our liberty.

McCain betrayed the true intent and meaning of Article II of the U.S. Constitution in 2008 and kept silent about Obama so as to not draw further attention to his own problems. They both entered into a Faustian Pact on this matter for the sake of their own personal political power aspirations and that of their respective parties. Both McCain and Obama have disgraced the oath they both took as Senators and otherwise to support and defend the Constitution. Instead they both did their best to subvert it for their own political purposes.

CDR Kerchner