Thursday, September 30, 2010


Kerchner et al v Obama/Congress/Pelosi et al now appealed to the Supreme Court of the United States.
[Now on the Docket to be considered]

Via Commander Kerchner; 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 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 Law of 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--

A copy of the Petition for the Writ of Certiorari may be viewed and downloaded at this site. [embedded below]

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
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UPDATE: Kerchner et al v Obama & Congress et al lawsuit is now displayed on the Docket of the Supreme Court of the United States. Source.

Previous reports on Kerchner v Obama/Congress/Pelosi can be viewed here. Visit the Birther Vault for the long list of evidence and people questioning Obama's eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].
Kerchner v Obama/Congress/Pelosi - Petition for Writ of Certiorari filed with the U.S. Supreme Court - 9/30...

- FIVE ATTEMPTS TO RE-DEFINE NATURAL BORN CITIZEN SINCE 2001 -

Obama Ineligible - I tried and lied but it won't go away! Wash Times Natl Wkly 2010-09-27 pg 5



6 comments:

  1. Well, Justice Thomas is on a YouTube video saying the SCOTUS is evading this issue.

    http://www.youtube.com/watch?v=Eu6OiTiua08

    I guess we will soon get to see if they are still evading it.

    ReplyDelete
  2. Let us hope they do the job they're supposed to do. UPHOLD AND DEFEND THE CONSTITUTION!

    ReplyDelete
  3. if the justices dont its time to remove them. if they cant use the constitution and only the constitution then they got no right to be on the courts. congress can remove a supreme court justice and not following the constitution is a good reason to do it. its time to stop letting them play games with our lives. case law does not trump the constitution. its time that we the people take back control of our country from all of these commie lovin liberals and lawyers.

    ReplyDelete
  4. Attorney Mario Apuzzo's petition is brilliant. Well written, succinct, professionally prepared, and spot on point on the Constitution and the eligibility issues of Obama and the need for the Supreme Court to do its job and hear this case.

    ReplyDelete
  5. Please, please take the time to read the Petition filed by attorney Apuzzo. It is history in the making. It is one of the best I have read on Obama's eligibility.

    ReplyDelete
  6. Who hit the "mute" button is Washington DC and the main stream media and national talking heads types and why. Read these essays.

    Read this ...
    http://puzo1.blogspot.com/2010/01/i-believe-fix-was-in-for-2008-election.html
    And this ....
    http://puzo1.blogspot.com/search?q=Open+Letter+to+John+McCain
    And this ....
    http://puzo1.blogspot.com/2010/08/republicans-want-review-of-birthright.html

    CDR Charles Kerchner (Ret)
    www.protectourliberty.org

    ReplyDelete

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