Tuesday, June 15, 2010

The Kerchner et al v. Obama/Congress et al Appeal to the Third Circuit to Be Decided on the Briefs with No Oral Argument

The U.S. Third Circuit Court of Appeals which sits in Philadelphia has notified me today electronically by letter dated June 15, 2010 that there will not be any oral argument on the Kerchner appeal to that Court. The case will be submitted on the briefs on Tuesday, June 29, 2010. Our presence is therefore not required.

The Court also informed me that the Third Circuit Panel that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.

The court can call for oral argument when it has questions. As we know, the Federal District Court granted Obama’s/Congress’s motion to dismiss the complaint/petition for lack of standing and political question. The Kerchner plaintiffs have appealed that decision to the Third Circuit Court of Appeals. On a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant. We have alleged and shown that Obama is not and cannot be an Article II "natural born Citizen" because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual and conflicting allegiances if he was born in the U.S. or with sole allegiance to Great Britain if he was born in Kenya. We have also alleged and shown that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court or to the Court of Appeals contesting these arguments. The issues of standing and political question are well briefed. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court. Hence, the Court might not have any questions and so it did not see any need for oral argument.

Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court for discovery and trial. If the Third Circuit Court affirms the District Court, we will then be filing a petition for certiorari with the United States Supreme Court which will have the final word in any event.

Mario Apuzzo, Esq.
June 15, 2010


jayjay said...

Sinc two of the three judges are appointed by Democratic (and very liberal) Presidents, I'd suspect their natural inclination would be to protect Obama and allow the ruling to stand. That would mean an earlier application to SCOTUS for cert.

I'd think the Appeals decision depends upon how much the 3 judges are intent on following the law rather than their own inclinations though - so there is some hope. The law is in our favor. Whether the judges are or not remains to be seen.

cfkerchner said...

Some good coverage and a great graphic on the ObamaReleaseYourRecords blog:

Many other good articles there. After you read the above, click on the Home page link and read some of the others and the clever graphics by the blog owner. Excellent work.

CDR Kerchner

Anonymous said...

Is a savings and loan association taken over by the Federal Home Loan Bank Board – without any notice or hearing and on the basis of an administrative record compiled ex parte by the Board – entitled to a post-deprivation hearing “upon the merits” as provided in 12 U.S.C. § 1464 (d) (6) (A) and as required by the Due Process Clause, or is the association restricted – in its first and only opportunity to be heard on the seizure of its property – to an attempt to prove that the Board action was arbitrary and capricious, based solely on the administrative record selected by the Board itself?

Anonymous said...

John 10:1-2, 10
I tell you the truth, the man [USURPER] who does not enter the sheep pen [OFFICE OF PRESIDENT] by the gate [ARTICLE II, SECTION 1, CLAUSE 5 OF THE CONSTITUTION], but climbs in by some other way [FRAUD], is a thief and a robber. The man who enters by the gate [ARTICLE II NATURAL-BORN CITIZENSHIP - BORN IN THE COUNTRY, OF PARENTS WHO ARE CITIZENS] is the shepherd of his sheep [WE THE PEOPLE]. The thief [USURPER] comes only to steal and kill and destroy [THE CONSTITUTION OF THE UNITED STATES, AND WE THE PEOPLE OF THE UNITED STATES]…

Matthew 7:15
Watch out for false prophets [USURPERS & THOSE WHO SUPPORT USURPERS]. They come to you in sheep’s clothing [ORGANIZING FOR AMERICA], but inwardly they are ferocious wolves [WHO COME ONLY TO STEAL AND KILL AND DESTROY AMERICA].

Anonymous said...

Mario & Charles,

Thank you for being a voice for We the People.

You are loved and deeply appreciated...


James said...

Don't appeal to SCOTUS. Mario should ask for a Enbanc appeal if you are denied. A petition directly to SCOTUS will most likely fail. But an Enbanc hearing of at least 4 to 5 conflicting dissents will greatly increase the chance of SCOTUS taking the case.

James said...

Tune into the Obama Eligiblity Radio Network:
Peter Boyles discusses Obama's eligiblity on his radio nearly every day. Peter often brings important figures in the Obama eligiblity issue. Guests include: Margaret Hemenway, Jerry Corsi, WND reporters, Susan Daniels, and many others. Tune each morning if want to listen to Obama eligiblity stuff nonstop.

James said...
show starts at 24.35.
La...ura Lingle Lying????
Someone is Lying!

Robert said...

Thanks to your efforts and the efforts of others the awareness of this citizenship is going viral among a very educated population.
Now that Arizona is passing a law to enforce the original definition of the 14th Amendment the pressure is truly on the Supreme Court.

For the sake of our Constitutional Republic the court must accept their responsibility to resolve this issue in a clear and transparent manner consistent with historical records and legal precedents. Any effort to avoid or cloud the issue or any decision created from "whole cloth" will severely undermine the trust and faith that the people have endowed in our government and put the validity of the courts and the other branches of government in question.

Your case, along with the Arizona law, will be seen as modern day "Olive Branch Petition's". In this regard we can only hope that John Adam's fears will not be realized and that Lincoln's prayers to maintain the Union will again be answered.

Should party politics take the lead over truth and law the Supreme Court will give up its position as the last word.

Mick said...

I wonder if a challenge to the Supreme court of Arizona's citizenship laws will spark a discussion of Natural Born Citizenship in the dicta of the case, the definition of which will defacto declare Obama ineligible.

MichaelIsGreat said...

I hope Mr. Apuzzo took note of the following information:
---"Election official: I'd testify Obama not born in Hawaii" at
---See also this video "YouTube - BREAKING NEWS! Hawaii Elections Official: Obama not born here! JUNE 10, 2010 - SMOKING GUN?" at


cfkerchner said...


A very good site and man and group to read and support.

CDR Charles Kerchner

Unknown said...

Can you depose this former Election Official from Hawaii who claims that it was common knowledge in the Hawaii Election offices that Obama did not have any birth records?

This guys employment was verified by He seems pretty confident on this and he doesn't appear to be a crack pot or anything way out there. In fact he seems really, really creadible.

jbk said...

I'm a bit discouraged by the lack of oral argument to the appellate court. Comments and questions by the judges during oral argument are generally very revealing and provide insight to their eventual opinion. Unfortunately, we will now have to await their opinion before learning anything. And, from experience, I know that it could easily be 9 months before the court issues an opinion and, even then, the opinion may not even address the critical issues in order to reach the court's desired result.

I am appalled that proof of the single most important qualification for becoming our president (being a natural born citizen) is not a prerequisite to being listed on the election ballot. Of even more concern is the fact that such proof was not forthcoming once the issue was raised. ... Question?: If President Obama is a natural born citizen, why doesn't he just produce the documentation and put the matter to rest so that we can all focus on the other important issues? Why perpetuate the suspicions and speculation?

If he claims that he shouldn't have to produce documentation (i.e., it's a matter of principle), my response is, "it is not a matter of principle; it is a matter of qualification." ... Before receiving my license to practice law, I was required to prove that I possessed the qualifications to do so; I was required to give my state bar full authority to obtain information on virtually every aspect of my life - including my birth certificate. I only practice law; President Obama has great control over me and all the other people living within the United States. So, why is it that he is cloaked with so much more, rather than the same or less, privacy?

I will freely admit that I do not care for President Obama, that I did not vote for him, and that I deplore many of his actions. Having been elected by the majority of the voters, however, he nonetheless deserves my show of respect IF he possesses the qualifications to hold that office. I'm still waiting to see if he deserves my show of respect.

If President Obama is a natural born citizen, I must accept his decisions regardless of my own opinions. If he is not a natural born citizen, I can only assume that his refusal to "come clean" long ago flows from his desire to have as much time as possible to intentionally wreak the economic and other havoc that our country is now experiencing. Despite the fact that I do not care for President Obama or his policies, I truly hope that the latter is not true.

Gonendunit said...

I'm praying for you... as I'm sure millions of other patriotic Americans are as well.