June 26, 2009

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Eligibility Dispute Is Serious A judge hearing one of the cases challenging Barack Obama's eligibility to be president has taken the unusual step of describing the dispute as a serious constitutional issue and further has begun adding letters of comment from the public to the court record.

Word of the action by U.S. Magistrate Judge Joel Schneider in Camden, N.J., comes from attorney Mario Apuzzo, who is handling the Kerchner vs. Obama case, which Apuzzo filed in January on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Named as defendants are Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi.

The case focuses on the alleged failure in Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

The Constitution provides, the lawsuit said, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified."

"There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified," the case explained.

"Congress is the elected representative of the American people and the people speak and act through them," the lawsuit said.

The defendants "violated" the 20th Amendment by failing to assure that Obama meets the eligibility requirements," the lawsuit said.

Update from Mario Apuzzo: Activity in Kerchner et al v Obama & Congress et al Lawsuit


The defendants’ motion to dismiss the lawsuit was filed today and is posted on the PACER system as Document 27.  A copy of defendants’ motion and supporting brief are available in the right frame of this blog.


We all know that we have seen months of stalling from the defendants. We fully expected this dismissal motion which Obama has previously used when he was a mere candidate.


The difference now is that Obama is the putative President and not simply a candidate with a 1st Amendment right to run for political office.


As the putative President, Obama must show that he is qualified under Article II of our Constitution. We also know that Congress failed to exercise its Constitutional duty to properly vet Obama prior to confirming him as President at the Joint Session.


The motion return date is July 20, 2009. We, of course, will file opposition to their dismissal motion prior to that date.

I will comment more later after I have had a chance to fully study the motion and supporting brief in greater detail.


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. Also, 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 U.S. Constitution by here:



NBC Affiliate Asks "The Question" Tyler, Texas -- KETKnbc.com is running KTBB's Question of the Day: "Is There Enough Proof President Obama is a U.S. citizen?"

Charlotte Huffman / KETK News -- June 24, 2009 - 8:12am

The editor of the popular Web site, World Net Daily, Joseph Farah, is offering a $10,000 reward to anyone who can prove they were present at the birth of President Barack Obama.

KTBB news anchor Garth Maier, asks East Texans if they think there is a lack of proof that Obama was born in Hawaii.

Interesting video and 316 comments here . . .

Once again, the question is posed incorrectly -- "Is There Enough Proof President Obama is a U.S. citizen?"

No one is questioning Obama's citizenship.  The correct question seeks to answer Obama's eligibility under the U. S. Constitution's Article II, Section 1's "natural born" requirements.

How can a self-admitted British subject and citizen of Kenya ever be considered a "natural born" American citizen?
Obama Doesn’t Listen Flopping Aces says Obama talked for 45 minutes during ABC’s "Health Care" infomercial!

It’s clear to anyone who has ever dozed through an Obama speech that the man likes the sound of his own voice.  He’s known for rambling, long winded speechifying even in press conferences.

ABC’s all Obama all day long extravaganza Wednesday was no different.  Obama answered one question from the handpicked crew of supporters attending the Town Hall style event on health care with a vague monologue that went on for four minutes and thirty three seconds.  No doubt leaving many viewers scrambling for the remote or praying for a commercial break.


It’s also noteworthy that nowhere in what was billed as a "dialogue" on health care did Obama face any Republican critics.  Even critical advertising was banned.

Obama possesses the rare gift of being able to say so much and so little all at the same time.  The only question is: when will voters decide they’ve heard too much?
Obama Urged To Appoint Envoy To Islam Buoyed by the presence in the White House of a president who wants to prioritize relations with the world’s Muslims, the head of the Organization of the Islamic Conference (OIC) visited both Washington and Brussels this week, and urged the U.S. to quickly appoint an envoy to the Islamic bloc.

OIC secretary-general Ekmeleddin Ihsanoglu was in Washington on Tuesday when the State Department, in an internal memo, announced that it has selected a "special representative to Muslim communities."

The OIC, a 57-member bloc of Muslim majority states that wields increasing clout at the United Nations, already has permanent missions in the U.N. cities of New York and Geneva, and "OIC groups" in Washington, Vienna and Paris.

Headquartered in the Saudi city of Jeddah, the OIC has existed for 40 years, but in recent times has become much more visible in the West, largely as a result of its controversial campaign against the "defamation" of Islam.

The department chose not to announce the move publicly, but State Department spokesman Ian Kelly on Thursday acknowledged that Farah Pandith has been chosen for the position.  Pandith, a Muslim of Kashmiri origin, previously served as "senior advisor for Muslim engagement to the assistant secretary for European and Eurasian affairs."

Continue reading here . . .

My favorite line: "Islam is maybe the most democratic religion because there is nobody between you and God."

Except for Sharia law, and the Quran and the Hadiths, and the mullahs, and the mams, and al Qaeda, and the Taliban, and the sheiks, and this fatwah, or that fatwah, or this insult, or that insult -- Islam is the epitome of democratic principles -- just ask the women.
Obama Says Pull The Plug With the advent of ObamaCare, there will be a lot more of this:

Obama said at a town hall event Wednesday night that one way to shave medical costs is to stop expensive and ultimately futile procedures performed on people who are about to die and don't stand to gain from the extra care.

In a nationally televised event at the White House, Obama said families need better information so they don't unthinkingly approve "additional tests or additional drugs that the evidence shows is not necessarily going to improve care."

He added: "Maybe you're better off not having the surgery, but taking the painkiller."

Obama’s Politicized Global Warming Agenda Michelle Malkin's slams the EPA for suppressing inconvenient truths about Obama’s politicized global warming agenda. As she blogged early Wednesday afternoon, the Competitive Enterprise Institute released e-mails detailing how eco-bureaucrats stifled a senior researcher who challenged the agency’s reliance on outdated data to support its greenhouse gas "public endangerment" finding.

Breaking late tonight, CEI has released the draft version of the censored study that the EPA doesn’t want you to see.  You can read the entire 98-page document here.

Here is the preface, which begins, "We have become increasingly concerned that EPA and many other agencies and countries have paid too little attention to the science of global warming.  EPA and others have tended to accept the findings reached by outside groups…as being correct without a careful and critical examination of their conclusions and documentation."  No wonder they tried to shut up senior researcher Alan Carlin.

Continue reading here . . .
Blacks Say Race Relations No Better With Obama African-Americans really like Obama, but more and more feel that race relations have not gotten better since he took office, a new national poll found.

Ninety-six percent of African-Americans approve of how Obama is handling his presidency, according to a CNN/Essence Magazine/Opinion Research Corp. poll released Thursday.

During the 2008 election, 38 percent of blacks surveyed thought racial discrimination was a serious problem. In the new survey, 55 percent of blacks surveyed believed it was a serious problem, which is about the same level as it was in 2000.

The poll was conducted May 16-18, in telephone interviews with 505 African-Americans and 501 whites.

Full story . . .

Race relations will never be better.  The reverends will see to that.

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