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.

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

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.
Publish Post


James said...

I notice that the Obots continue to cite various court decisions and legal documents that a child born to an alien or aliens is a "Natural Born" citizen. However, in carefully reading those decisions and documents, this is not actually true. I believe that the courts have taken the position that a child born to an alien or alien can be treated with same respects and rights as a "Natural Born" citizen, but is important to note that a distinction is always made to emphasize this fact that while a child of alien or aliens can BE CONSIDERED in the same respects or rights as a "Natural Born" citizen, they are not actually Natural Born citizen. I believe this is the position in the Wong Kim Ark case. The court ruled that Wong Kim Ark was not a "Natural Born" citizen but could be considered in the same respect and rights as one. The US Consitition states that ONLY NATURAL BORN citizens can be the POTUS, not that persons who can considered in same respects and rights as one can be one.

Mick said...

I received a letter from Senator Fred Hemmings of Hawaii on official stationery. I guess it is in response to a petition i signed at postandemail. It reads (I quote).

"To whom it may concern:

Dwelling onconcentrate your efforts on the huge and vexing problems that Obama is creating by his disastrous policies." the non issue of President Obama's place of birth is harmful. His birth was reported in Honolulu papers and has been validated by Hawaii state officials. You are hurting those of us with legitimate concerns with President Obama's ultra left agenda by the dogged pursuit of this non issue. Please stop and concentrate your efforts on the huge and vexing problems that Obama is creating by his disastrous policies."

Same talking points as all the other "conservative" sources that have bashed the "birthers". Like that birth announcement and picture on the internet are proof of anything! It does tell me that there IS CERTAINLY a vast conspiracy to place Obama in office, and a lot of power and faer are keeping the lid on Obama's past.

jayjay said...

Sounds very good. It would be hard to believe that any 3 judge panel not completely biased could fail to be influenced by the appendix.

Let's keep our eyes open to see if the court grants the motion as perhaps an indicator of things to come. Whether they do or not, it's still a great bit of information.

Brianroy said...

In the New York Times of February 2, 1892, the debate about the governorship of Nebraska was in dispute in the general public and had been argued before the US Supreme Court. The public domain excerpts of the article, read:
"...that Boyd’s father, having exercised all the rights of a citizen, had in fact, in 1868, taken out his final naturalization papers, notwithstanding he did not have the record of such final naturalization papers.
Justices Harlan, Gray, and Brown, while concurring in the conclusion that Boyd was a citizen of the United States, did so on the ground that the exercise of all the rights and privileges of citizenship by Boyd’s father, as shown on record, established the assertion made by James E. Boyd and his father that …his father…had, in 1854, taken out his final naturalization papers , although there is no documentary proof of the issuance of those papers.”

The NY TIMES referred to:
BOYD V. NEBRASKA EX REL. THAYER, 143 U. S. 135 (1892)

In relevance for us today, they stated that a foreign born person who had taken out naturalization papers, made the consistent attempts and efforts to join US society, &c., might be considered to attain a naturalization status as a citizen as long as such papers were filed before the child's 21st birthday, which is what Senator Bayard argued in his letter to A.P. Hinman.

But get this, even using the Chester A. Arthur rationalization argument: He, the child who was born on US Soil and is under the age of 21 when the father filed (and/or finalizes), does NOT become a “natural born citizen” if the father NEVER NATURALIZES to the USA by the child's 21st birthday (even if the child in jus soli in the US). Hence Obama is totally ineligible to the Presidency and Vice-Presidency of the United States without Barack Obama Sr. ever filing an intent of naturalization to the United States of America AND FOLLOWING THROUGH IN NATURALIZING himself to become a United States Citizen prior to Barack Jr's 21st birthday. Hence, the enemies of the US Constitution CANNOT even make the case of "intent"

The Brookly Daily Eagle July 30, 1859 reported this statement
"The matter therefore stands thus – Foreign governments claim the right to treat persons born under their jurisdiction as citizens under ALL CIRCUMSTANCES, and to ignore the fact of their naturalization abroad, should they return afterwards. The United States holds the opposite doctrine."

Should Obama ever visit Kenya without a 4,000 man Secret Service army (as he did to Cairo), what is to prevent Kenya from legally and indefinitely detaining Barack under the authority given them over him by their Constitution Section 95(1) and the Kenyan Independence Act of 1963 2 (1)(a)
or some updated version of it? This also should be argued.

Mick said...

Correct text of letter I received from Hi. Senator Fred Hemmings:

"To whom it may concern:

Dwelling on the non issue of President Obama's place of birth is harmful. His birth was reported in Honolulu papers and has bnn validated by Hawaii state officials. You are hurting those of us with legitimate concerns with President Obama's ultra left agenda by the dogged pursuit of this non issue. Please stop and concentrate your efforts on the huge and vexing problems that Obama is creating by his disastrous policies."

The conspiracy runs deep....

James said...

Guess What? The Kenyan National Assembly on March 25, 2010 has just leaked out that Obama was born in Kenya:

Page 31: "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."

Larry said...
This comment has been removed by the author.
Larry said...

@ James : Please note the following. "Mr. Deputy Speaker, Sir, the
President-elect, Mr. Obama, is a son of the soil
of this country. Every other country in this
continent is celebrating the Obama win. It is
only proper and fitting that the country which
he originates from should show the same
excitement, pomp and colour. I, therefore, seek
leave of the House that we adjourn to discuss
"Hon. Members, as you may be aware,
the people of the United States of America
have just had a historic election where the son
of this soil, Barrack Hussein Obama, has been
elected the 44th President of the United States
of America and the first African-American
President in the history of that country, please
join me in registering and sending this House's
congratulations to the President-elect Obama
for overcoming great odds to emerge
victorious." KENYAN PARLIAMENTARY DEBATES, November 5, 2008, page 3276. Obama STILL claims to be a "natural born Citizen" of these United States of America? There is not even a remote possibility of that being the truth! A KENYAN IS ILLEGALLY POSING AS PRESIDENT OF THE UNITED STATES! WE THE PEOPLE SHALL NOT SIT IDLY BY AND ALLOW HIS TREASONOUS and CONSTITUTIONALLY ILLEGAL ACT TO STAND! WE HAVE JUST BEGUN TO FIGHT and WE SHALL NOT BACK DOWN, SO HELP ME GOD! (Don't waste time arguing with the obots. My late father used to say "Son, you can't argue with idiots. Idiots don't possess the intellectual capability or the common sense to understand they are wrong. Simply avoid them.")

Larry said...

@ James : Please re post the link, it appears to be either incomplete or it has now been scrubbed. Thank you very kindly.

cfkerchner said...

Here is the link James posted as an active link. See page 31 about half way down. There have been prior such statements made by Kenyan Assembly members such as Obama is the son of our soil which the Obots spin as ambiguous but this one is explicitly clear. The People in Kenya know what the leftist, in the tank and covering for Obama, American Main Stream Media (MSM) will not investigate or report.

CDR Kerchner

James said...

Something is definitely going on. The links have already been scrubbed. Fortunately, it has already be download and captured before the Obots got to it.

chuck said...


That letter from Senator Hemmings sounds like the original had been hijacked. He may have not written it. Remember one of Orly's letters was "lost" at SCOTUS, likely a clerk for Obama.

cfkerchner said...

Those Kenyan Assembly records/minutes saying Obama the President of the USA was born in Kenya have been further verified back to the source on the Kenyan government servers. Here is the Kenyan government's site listing the records for various dates in March, etc. Click on the 25th of March. Then scroll down to page 31 and you will see the statement that Obama was born in Kenya in the official government records. The government officials in Kenya know what the U.S. Main Stream Media (MSM) probably also knows but refuses to report. Obama is not a "natural born Citizen" and is ineligible for the office he sits in. The MSM should at this point attempt to salvage its reputation, start a full fledged media investigation, get on the side of We the People and the U.S. Constitution, and expose the true legal identity of Obama, the Usurper, and bring him down and out of office along with all the people who lied to put him up there, and that includes many in the media themselves. We'll see if there are any honest people in the press left.

I suggest as many people as possible down load the PDF file for the 25th of March and the day before and the day after to your own servers so this piece of evidence in context can never disappear!

CDR Kerchner

Anonymous said...

I e-mailed Mr. Apuzzo, suggesting that while Dick Cheney did ignore Title 3 USC 15 procedure to ask for objections, "if any," that the Counting of Electoral Votes on Jan 9, 2009 was more ceremony than anything else, and that any objections per § 15 should have been filed prior to the clerk's certification.

If no objection had been submitted, not asking for any is a moot point.

I have a record of 77 faxes, transmitted to Republican congressmen on January 7, 2009 explaining the distinction between 'native' and 'natural' born, and how Barbara Boxer had attempted a § 15 objection to the Ohio electoral votes in 2000.

Senator McCain was one of the fax recipients. I have also heard of others who notified McCain; one hand-delivering the memo.

In my opinion, especially in light of SR 511, McCain should be a co-defendant, not Dick Cheney.

Anonymous said...

Here's that link again to the Kenyan website...

About halfway down the page click on "Weekly Plenary Hansard 25.03.10" then go to page 31. You will see the info you are looking for halfway down the second paragraph.