Washington Times - Kerchner v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Washington Times - Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Update: No Decision Released Until Monday 29 Nov 2010
per SCOTUSblog

Supreme Court Orders Will be Posted Here at 10 a.m.
http://www.supremecourt.gov/orders/ordersofthecourt.aspx

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org

We are living through history in the making. Please read or re-read this historic Petition to the U.S. Supreme Court asking them to support and defend the Constitution ... in particular Article II, Section 1, Clause 5, the presidential constitutional eligibility clause. Read or re-read the Petition then read this ad. Then meditate on the words in both and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. See the ad linked to below and via the image at the left for an overview of the Petition and the issues.

Washington Times -- Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court - Washington Times National Weekly edition - 22 Nov 2010 issue, page 5: http://www.scribd.com/doc/43541103/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-on-Tues-Nov-23-2010-WTNW-pg-5

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.

-------------------------------------------------------------

Further comments by CDR Kerchner (Ret):

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.

Albert Gallatin [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin

James Shields [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Again, please take the time to read or re-read the Petition then read this ad. The questions and the main brief are only 36 succinctly written and easy to read pages. Then meditate on the words therein and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. May God help us save our liberty and republic and protect us in the days ahead.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

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.

--------------

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
####

Atty Mario Apuzzo & Mr Don Nelsen were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 16 Nov 2010, 4:00 p.m. EST

Atty Mario Apuzzo & Mr Donald Nelsen, one of the four plaintiffs in the Kerchner et al v Obama & Congress et al lawsuit, were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 16 Nov 2010, 4:00 p.m. EST. The subject was the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court and the latest activity in that case including an Amicus Curiae Brief 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.

For more about the Jim 'Howie' Mandel Radio Show see: http://www.howieunveilsgodsshield.com/

You can listen to a podcast of this show at:
16 Nov 2010: http://www.latalkradio.com/images/Mandel-111610.mp3
Podcasts of prior Jim Howie Mandel shows covering the Kerchner et al v Obama et al case:
09 Nov 2010: http://www.latalkradio.com/images/Mandel-110910.mp3
05 Oct 2010: http://www.latalkradio.com/images/Mandel-100510.mp3
For podcasts of all Jim Howie Mandel shows see the lower half of this page:
http://www.latalkradio.com/Mandel.php

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 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.

CDR Charles Kerchner (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://puzo1.blogspot.com
Please make a donation to help the cause if you can at:
http://www.protectourliberty.org
####

Ad: Kerchner v Obama Petition is Scheduled for Conference in U.S. Supreme Court on Nov 23rd - Wash Times National Weekly ed - 15 Nov 2010 - pg 5

Ad: Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court - Washington Times National Weekly edition - 15 Nov 2010 issue, page 5:

http://www.scribd.com/doc/42559111/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-15Nov2010-Wash-Times-Natl-Wkly

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.

--------------------------------------------------------------------------------------

Comments by CDR Kerchner (Ret):

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.
Albert Gallatin [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin
James Shields [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Commander in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Atty Mario Apuzzo & CDR Kerchner on Les Naiman Show, WGTK 970, Louisville KY, hosted by Les Naiman, Sunday 14 Nov 2010 6 PM EST

Les Naiman Show

Atty Mario Apuzzo and CDR Kerchner were featured guests on the Les Naiman radio show, WGTK 970 in Louisville KY, hosted by Les Naiman, on Sunday, 14 November 2010, 6 PM EST. The subject will be the status of the Kerchner et al v Obama & Congress et al lawsuit which is currently on Petition for Writ of Certiorari at the U.S. Supreme Court, docket number 10-446.

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.

Link to WGTK 970 in Louisville KY: http://www.970wgtk.com/

You can listen to the show on podcast at this link. Note: we are introduced at about 8 1/2 minutes into the show after his initial monologue on some current events in the news: http://lesnaimanshow.podbean.com/2010/11/14/the-les-naiman-show-111410/

For more details on the latest activity of the Kerchner v Obama petition at the U.S. Supreme Court see this link: http://puzo1.blogspot.com/2010/11/kerchner-et-al-v-obama-et-al-petition.html

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
http://puzo1.blogspot.com
Please if you can, visit this site and donate to help the cause: http://www.protectourliberty.org

####

Atty Apuzzo & CDR Kerchner were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 09 Nov 2010, 4:00 p.m. EST

Atty Apuzzo & CDR Kerchner were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 09 Nov 2010, 4:00 p.m. EST. The subject was the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court. http://www.howieunveilsgodsshield.com/

Listen to this show via podcast at this link:
09 Nov 2010: http://www.latalkradio.com/images/Mandel-110910.mp3

Listen to the show at YouTube: http://www.youtube.com/profile?user=howiekwix#g/u

The Petition to the U.S. Supreme Court filed on 30 Sep 2010 which is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on 23 Nov 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

Read about this recently (5 Nov 2010) leaked to our lawsuit research team of the Congressional memorandum as to the talking point that Congress was prompted to tell concerned citizens when they wrote to Congress with questions about Obama's eligibility. It is clear now that Congress circled their wagons to defend their indefensible position in that they vetted McCain's exact citizenship status in the primary of the 2008 presidential election but did not vet Obama's, when questions were being asked in public about the citizenship status of both. That is unequal protection under the constitution and our laws and a violation of our civil rights. See this announcement for more details: http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

CDR Charles Kerchner (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://puzo1.blogspot.com
Please make a donation to help the cause if you can at:
http://www.protectourliberty.org
####

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
####

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/
####

Kerchner v Obama Petition for Writ of Certiorari filed & docketed with U.S. Supreme Court - Washington Times National Weekly edition - pg 5

Kerchner et al v Obama/Congress/Pelosi et al Petition for Writ of Certiorari filed 30 Sep 2010 and docketed 04 Oct 2010 with the U.S. Supreme Court - Washington Times National Weekly edition - 25, 18, and 11 Oct 2010 issues, page 5.

U.S. Supreme Court 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]

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

Link to read and download newest ad: http://www.scribd.com/doc/40046804/Kerchner-v-Obama-Petition-for-Writ-of-Cert-Docketed-with-Supreme-Court-25Oct10-issue-Wash-Times-Wkly

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.

http://history.nd.gov/exhibits/governors/governors19.html

--------------------------------------------------------------------------------------

A 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, visit this site and help the cause:
http://www.protectourliberty.org/
####

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
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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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Atty Apuzzo & CDR Kerchner on Dr. Kate's Revolution Radio Show - Wed, 18 Aug 2010, 9:00 p.m. EST

Atty Apuzzo & CDR Kerchner on Dr. Kate's Revolution Radio Show - Wed, 18 Aug 2010, 9:00 p.m. EST

Atty Mario Apuzzo and CDR Kerchner were on the Revolution Radio Show hosted by Dr. Kate to discuss the status of the Kerchner et al vs Obama & Congress et al lawsuit for which a Writ of Certiorari is being prepared for submission to the U.S. Supreme Court.

Direct link to the Dr. Kate's Revolution Radio show at BlogTalkRadio.com where you can listen to it as a podcast: http://www.blogtalkradio.com/drkate/2010/08/19/revolution-radio-constitutional-crisis

Dr. Kate's Blog:
http://drkatesview.wordpress.com/

Also, please cast your votes to Help the Cause to get the word out:
1st: 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-

2nd: Vote for the show topic to be "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

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org
####

The Court and Congress Expected the Other to Resolve the Obama Eligibility Question

On Thursday, April 15, 2010, Hon. U.S. Supreme Court Justice Clarence Thomas was giving testimony before the House Appropriations Subcommittee on the issue of the composition of the United States Supreme Court. The hearing was broadcast on C-Span. Subcommittee Chairman, Rep. Jose Serrano, D-NY (now the most senior Member of Congress of Puerto Rican descent), and he were having a pleasant exchange. Rep. Serrano was explaining to Justice Thomas how he feels “a little uneasy” despite much of the dismay of his friends on the “left” about having a hearing for the Supreme Court because of the respect that he has for the Court. He added that it was “humbling” but that the public understood the importance of what the Court does and the impact that it has on the future of our country. Justice Thomas thanked Rep. Serrano for his words. Rep. Serrano then jumped in and commented on Justice Thomas’ view on who can sit on the Supreme Court. The following exchange occurred:

Rep. Serrano: I’m glad to hear that you don’t think that there has to be a judge on the Court because I am not a judge. I have never been a judge.

Justice Thomas: And you don’t have to be born in the United States. So you never have to ask, answer that question (smiling).

Rep. Serrano: Oh, really?

Justice Thomas: Yeah (the audience laughing).

Rep. Serrano: So, you haven’t answered the one whether I can serve as (Justice Thomas interjecting) President but you answered this one (smiling).

Justice Thomas: We’re evading that one (laughter from Justice Thomas and the audience). We are giving you another option (more laughter from Justice Thomas and the audience).

Rep. Serrano: Thanks alot.

Justice Thomas: Thank you, Mr. Chairman.

Rep. Serrano: Mrs. Emerson.

Mrs. Emerson, Ranking Members, then starts to address Justice Thomas as he continues to laugh.

The YouTube video may be viewed at http://www.youtube.com/watch?v=O7qEH-tKoXA.
A biography on Rep. Serrano may be found at http://serrano.house.gov/Biography.aspx.

What does all of this mean in relation to Obama’s eligibility question? What is the message behind all the joking, laughter, and body language that can be viewed on the video? From Justice Thomas’ first mentioning that one does not have to be born in the United States to sit on the U.S. Supreme Court, it appears that Justice Thomas is telling Congress that the Court is angry with Congress for allowing Obama to sit as President even though there is a reasonable doubt as to whether he was born in the United States. Rep. Serrano read the real message of Justice Clarence’s statement and let him know about it, saying “Oh, really.” Rep. Serrano did not like Justice Thomas blaming Congress for the mishandling of the matter so he shoots back at Justice Thomas by telling him the Court failed to answer the Obama eligibility question when it should have but now is answering the question of whether someone who is not born in the United States can sit on the U.S. Supreme Court. From this comment we can conclude that Congress did not believe that it was its job to answer the question of whether Obama is eligible to be President and expected the judicial branch of government to answer that question. This is borne out by the many letters that Congressmen wrote to concerned Americans on the question of what was being done to address the issue of whether Obama was eligible for the Presidency. Justice Thomas then answered that the Court is “evading that one” and giving Congress “another option.” Here we can see that the Court is telling Congress that it avoided addressing the Obama eligibility issue so Congress could resolve it through the political process, giving Congress some other unknown “option” to resolve the crisis. We can only speculate what that other “option” is at this point. Needless to say, it appears that both Congress and the Court are angry at each other for the constitutional crisis that each accuses the other to have caused regarding the Obama eligibility question.

The Obama eligibility issue has run its course through the political process. We can reasonably expect Obama to run for a second term. We surely do not want to repeat during Obama’s second run for President what occurred during his first. We cannot reasonably expect to resolve the question of whether Obama was born in Hawaii and the meaning of the “natural born Citizen” clause by way of Americans voting at the polls. This issue is not going away. It is dividing our nation and needs to be decided as soon as possible. There is now no other way to resolve the question of Obama’s eligibility other than through the legal process. As Chief Justice John Marshall so well taught in many of his important U.S. Supreme Court decisions, there is no doubt that the judicial branch of government is well equipped and capable of deciding this critical issue of constitutional law and by doing so will not interfere in the work of the other two branches of government. The Kerchner et al v. Obama/Congress et al case which is now pending in the Third Circuit Court of Appeals in Philadelphia with a tentative merits hearing date of June 29, 2010 gives the judicial branch of government the prime opportunity to put this constitutional crisis finally to rest one way or the other.

Mario Apuzzo, Esq.
April 17, 2010
http://puzo1.blogspot.com/
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P.S. Read the comments made on March 25, 2010, by Minister of Lands, Mr. James Orengo, Member of the Kenyan Parliament on the issue of Obama's country of birth during a session of the Kenyan National Assembly:
http://puzo1.blogspot.com/2010/04/current-minister-of-kenyan-government.html

Neither the 14th Amendment nor Wong Kim Ark make one a Natural Born Citizen

In defining what an Article II “natural born Citizen” is, we do not seek to read into the Constitution that which was not intended and written there by the Framers. Despite popular belief, the Fourteenth Amendment does not convey the status of “natural born Citizen” in its text nor in its intent. Some add an implication to the actual wording of the Fourteenth Amendment by equating the amendment’s “citizen” to Article II’s “natural born Citizen.” But nowhere does the 14th Amendment confer “natural born citizen” status. The words simply do not appear there, but some would have us believe they are implied. But the wording of the Amendment is clear in showing that it confers citizenship only and nothing more.

The intent and purpose of the amendment was to provide equal citizenship to all Americans either born on U.S. soil or naturalized therein and subject to the jurisdiction thereof. It does not grant “natural born Citizen” status. It only confers “citizen” status, as that is the exact word used by the Amendment itself and that is the same word that appears in Article I, II, III, and IV of the Constitution. It just conveys the status of “citizen,” and as we learned from how the Framers handled the Naturalization Acts of 1790 and 1795, being a “citizen” does not necessarily mean that one is a “natural born Citizen.”

The Fourteenth Amendment only tells us who may become members of the community called the United States, i.e., those born on U.S. soil or naturalized and subject to the jurisdiction thereof are U.S. citizens. The amendment was needed because under Scott v. Sandford, 60 U.S. 393 (1856), slaves and their descendents, whether free or not, were not considered as being members of that community even though born on U.S. soil and unlike the American Indians subject to the jurisdiction thereof. But the amendment only allowed these slaves and their descendents to become a member of the U.S. community by making them U.S. citizens. Once those persons or anybody else (e.g. Wong Kim Ark) so became a member of the U.S. community (became a U.S. citizen by birth on U.S. soil or through naturalization), then that person could join with another U.S. citizen and procreate a child on U.S. soil who would then be an Article II "natural born Citizen."

Hence, during the Founding, the original citizens created the new Constitutional Republic. Through Article II’s grandfather clause, they were allowed to be President. Their posterity would be the "natural born Citizens" who would perpetuate the new nation and its values. These “natural born Citizens,” born after the adoption of the Constitution, would be the future Presidents.

Subsequently, a “natural born Citizen” was created by someone first becoming a member of the United States (a U.S. citizen) by birth on its soil to a mother and father who were U.S. citizens or if not so born then through naturalization, and then joining with another similarly created U.S. citizen to procreate a child on U.S. soil. The product of that union would be an Article II “natural born Citizen.”

After the Fourteenth Amendment, it became sufficient to be a citizen if one were merely born on U.S. soil or naturalized and subject to the jurisdiction of the U.S. That U.S. citizen would then procreate with another similarly created U.S citizen and produce a “natural born Citizen.”

As we can see, becoming a U.S. citizen is only the first step in the process of creating a “natural born Citizen.” The second step is the two U.S citizens procreating a child on U.S. soil. It is these “natural born Citizens” who can someday be President or Vice President of the United States. Stated differently, a President must be a second generation American citizen by both U.S. citizen parents. A Senator or Representative can be a first generation American citizen by naturalization or birth. It is the extra generation carried by a President which assures the American people that he/she is born with attachment and allegiance only to the United States.

The issue of what the Founding Fathers meant when they wrote “natural born Citizen” into Article II is surely ripe for the U.S. Supreme Court to determine. The issue is one of first impression and the Supreme Court needs to decide it. The national security and survival of the United States as conceived by the Founders are at stake. Because of the utter failure of our political and media institutions to give proper and honest attention to this issue, only the highest court in the land can now come to the aid of the Kerchner plaintiffs and We the People.

Mario Apuzzo, Esq.

Andrea Shea King Radio Show - BlogTalkRadio Network - 9:00 EDT Monday 16 Mar 2009 - Kerchner et al v. Obama & Congress et al - Update & Q&A

I am pleased to announce that the lead plaintiff, Mr. Charles Kerchner, in the 'Kerchner et al v Obama & Congress et al' case, and I will be on the Andrea Shea King talk radio show Monday evening, 16 March 2009, from 9:00 to 10:00 p.m. EDT. The show is on the BlogTalkRadio.com network which is broadcast via the internet. I will be providing an update for the case. Mr. Kerchner and I will then take Q&A from the host Andrea Shea King and via phone calls from the listening audience. Feel free to spread this announcement to people interested in this case. I hope to hear from you on the radio show.

To listen to this BlogTalkRadio.com show live on the air or via the archives in the On Demand section after the show is broadcast, use the below link which will take you straight to the show. Listen to the lead in intro music for a few minutes after which the show starts:
http://www.blogtalkradio.com/stations/HeadingRight/ASKShow/2009/03/17/The-Andrea-Shea-King-Show

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo [AT] erols.com
TEL: 732-521-1900 ~ FAX: 732-521-3906
BLOG: http://puzo1.blogspot.com

P.S. Please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our Constitution by [Clicking Here].
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