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Plaintiffs Obtain Extension of Time to Answer Obama/Congress Motion to Dismiss (cont -eligibility)
A Place to Ask Questions To Get the Right Answers ^ | 7-8-09 | Mario Apuzzo

Posted on 07/09/2009 8:08:33 AM PDT by STARWISE

Defendants, Obama, USA, Congress, Senate, House, Cheney, and Pelosi have filed a motion to dismiss plaintiffs' complaint/petition.

Their main argument is that the plaintiffs do not have standing and that all the defendants have immunity from all of plaintiffs' constitutional claims.

The current defense motion to dismiss the complaint/petition was returnable Friday, July 20, 2009. Plaintiffs’ opposition was due by Monday, July 6, 2009.

The defendants took over 4 months to file their motion. I was only given 2 weeks to respond.

Given the critical importance of this case, the complexity and novelty of the constitutional issues, and the need to do a thorough job, I sought fit to request a 2-week extension of time to answer the defendants' motion to dismiss.

I realize that by the extension we are losing two weeks, but winning the motion is more important than not losing the two weeks.

The new motion day is Monday, August 3, 2009.

I will file our opposition papers at least 14 days prior to the new motion day, and the defendants shall file their reply papers, if any, at least seven calendar days prior to August 3, 2009.

I know that many of you have been posting on this blog your thoughts and analysis on how we can defeat the defendants' motion.

Your input is highly appreciated. I am asking that you continue to give me your ideas in this public blog. I encourage the open exchange of ideas so that we may all arrive at the best answer.

Only strategy and personal matters will be treated confidentially. I will appreciate that if you do have a point you want to make, you provide a citation to support what you are saying, if a citation exists.

If you do not have a citation, still make your argument. I will consider all comments and choose which points to incorporate into our opposition brief.

The points to research and comment on are standing and immunity. For a full reading of how the defendants are using these defenses to try to convince the judicial branch of government not to address the issue of Obama's Article II "natural born Citizen" eligibility, you may clique on the link in this blog and view the defendants' brief that they filed in support of their motion to dismiss.

Mario Apuzzo, Esq.


TOPICS: Conspiracy; Government; History; Politics
KEYWORDS: apuzzo; article2section1; birthcertificate; birthers; certifigate; cheney; congress; eligibility; house; obama; obamanoncitizenissue; obamatruthfile; pelosi; senate
Defendants' Brief

Kerchner et al v Obama & Congress et al Advertorial in 20090706 Issue Wash Times

New publicity fund

1 posted on 07/09/2009 8:08:33 AM PDT by STARWISE
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To: STARWISE

What is this about?


2 posted on 07/09/2009 8:13:22 AM PDT by TBP
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To: STARWISE

I assume this is involving the birth certificate?


3 posted on 07/09/2009 8:14:28 AM PDT by Humal
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To: STARWISE

This is going to be a long thread.


4 posted on 07/09/2009 8:15:50 AM PDT by taxtruth
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To: Humal; TBP

Kerchner et al v Obama & Congress et al filed at 2:50 am 20 Jan 2009. 2nd Amendment filed 09 Feb 2009.

http://www.scribd.com/doc/11317148/


5 posted on 07/09/2009 8:17:33 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: STARWISE

Concerning?


6 posted on 07/09/2009 8:17:58 AM PDT by TBP
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To: TBP
O’s birth certificate.O and the boys say they are exempt from law and want to dismiss the case.
7 posted on 07/09/2009 8:19:06 AM PDT by taxtruth
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To: taxtruth

Not with that title and confusing first paragraph. I’d be surprised if people take the time to translate it.


8 posted on 07/09/2009 8:31:34 AM PDT by Cherokee Conservative (We have enough youth. How about a fountain of smart?)
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To: taxtruth

What birth certificate? He doesn’t have one.


9 posted on 07/09/2009 8:33:26 AM PDT by TBP
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To: hoosiermama

~~PING!


10 posted on 07/09/2009 8:43:43 AM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
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To: TBP
Yep,try to convince the court that issue.BO argues he is immune from prosecution along with the rest of the pack of criminals in government.
11 posted on 07/09/2009 8:49:12 AM PDT by taxtruth
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To: STARWISE
Thanks! I remember this case now. I hope they find in favor of Kerchner. The concept that the military’s actions *could* be illegal if they follow Obama’s orders is quite possible. It can't be determined “yes” or “no” until it is proven he is a natural born citizen.
12 posted on 07/09/2009 8:57:22 AM PDT by Humal
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To: STARWISE
I'm not a lawyer, but I would attack the presumed connection between procedure and standing. I would also argue that the absence of legal/legistlative recourse is not a valid excuse and permission slip for continued violation of the law. The courts should be made to understand that our system of checks and balances were established primarily for this reason... to prevent one or more branches of government from overreaching.

By placing procedure over compliance, the courts by law would be implicating itself in the continued violation of the law.

As citizens, we ALL have "standing", because we can all be affected by the defendant's violation of the law.

As for immunity, NOBODY is immune from our laws except those who are not citizens... and even then, there are limits.

Does a private citizen who witnesses a crime against another have the authority to execute a citizen's arrest if the victim is incapacitated as a result of the crime?

What are the "procedures" for a citizens arrest? Any? Or is it simply the authority for one person to detain another when a violation of the law is observed until the proper authorities can take charge?

Are there any examples in our constitution or laws that illustrate the premise that only those with legal standing are authorized to report/pursue the violation of a law?

The court should be made to understand that by ruling for the defendants, they will be setting a precedent that only those who are directly affected by a crime, or are in a position of authority to "PREVENT" the crime are allowed to report/pursue violations.

What would such a precedence do to crime prevention/prosecution efforts such as Crime Stoppers... or Neighborhood Watch programs... etc.????

When a potential violation of the law is brought to the attention of our executive and judicial authorities, they are first bound by law and oath to ensure that the violation of law itself is NOT OCCURRING or IS STOPPED.
Prosecution of the offender(s) is a separate matter!


13 posted on 07/09/2009 9:30:18 AM PDT by Safrguns
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To: taxtruth

If he had one, it would be a very simple act to write to teh Secretary of State of Hawaii and ask for its release, thus putting the issue to rest once and for all. It would take five minutes of the President’s time. Taht he doesn’t do it lends credibility to these charges.


14 posted on 07/09/2009 10:20:49 AM PDT by TBP
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To: taxtruth

Orly Taitz case in California:
http://www.freerepublic.com/focus/f-chat/2288343/posts

Andy Martin case in Hawaii:
http://www.freerepublic.com/focus/f-chat/2288792/posts


15 posted on 07/09/2009 11:30:25 AM PDT by real_patriotic_american
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