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Kerchner case will test Third Circuit courtís adherence to the Constitution
the Post Email ^ | Feb 13, 2010 | John Charlton

Posted on 02/15/2010 7:30:56 AM PST by opentalk

Kerchner et al. vs. Obama & Congress is without doubt a case that will go down in the history books of law, and the Appellate Brief written by Attorney Mario Apuzzo, Esq., is a veritable treasure trove of Constitutional Law and interpretation on the rights of We the People to petition for redress in the most important matter in our form of government, the question of the eligibility of a putative sitting president.

Recently the attorneys representing Barack Hussein Obama and the U.S. Congress have admitted the formidability of the arguments mustered against their clients by requesting an extension on the deadline to file their reply. The court set that, now, for March 8. Apuzzo will then have two weeks to file his reply, defending his brief against their counter-arguments.

Without a doubt, Obama’s attorneys will not be able to muster a defense without a direct attack on the very U.S. Constitution and the rights protected by it which are the basis of the case.

(Excerpt) Read more at thepostemail.com ...


TOPICS: Chit/Chat; Conspiracy
KEYWORDS: birthcertificate; birthers; certifigate; constitutional; deception; eligibility; ineligible; kerchner; lawsuit; liar; marioapuzzo; obama; treason; usurper

1 posted on 02/15/2010 7:30:56 AM PST by opentalk
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To: opentalk

This is nuts, can anyone offer a plausible reason why he is fighting this? Really, who doesn’t get that he’s hiding something big?


2 posted on 02/15/2010 7:36:39 AM PST by DesertRhino (Dogs earn the title of "man's best friend", Muslims hate dogs,,add that up.)
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To: LucyT
ping...

“Without a doubt, Obama’s attorneys will not be able to muster a defense without a direct attack on the very U.S. Constitution and the rights protected by it which are the basis of the case.”

Apuzzo has got to get past the so-far insurmountable “standing” issue, but each time the DOJ or DOS has to reply they dig themselves in deeper defending Obama’s representations based on a “hearsay exception” COLB that has never been placed into evidence to be challenged.

3 posted on 02/15/2010 8:06:27 AM PST by Seizethecarp
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To: opentalk

John Charlton’s prose is one step below a romance novelist on the “overheated” scale.


4 posted on 02/15/2010 8:33:17 AM PST by MrRobertPlant2009
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To: Seizethecarp
(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

...4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.

This was interesting.

5 posted on 02/15/2010 8:38:53 AM PST by opentalk
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To: Seizethecarp

I’ve been chatting with a Freeper, back and forth, and we think that not only does Obummer not have a legitimate birth certificate, Obummer doesn’t have a legitimate SSAN. (He’s using the number from the dead guy in Connecticut...who was born in the 1880’s and got his SSAN in l935 and is now long dead. And Orly Taitz claims he has 29 different SSAN numbers???) Why doesn’t Obummer have a legitimate SSAN? Because he couldn’t produce a legitimate birth certificate. My fellow Freeper and I decided we should be asking this undocumented alien, “Where is your birth certificate and where is your green card?”


6 posted on 02/15/2010 8:56:12 AM PST by kiltie65
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To: kiltie65

7 posted on 02/15/2010 9:22:04 AM PST by opentalk
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To: opentalk
Apuzzo has that claimed that quo warranto jurisdiction is available to the Third Circuit, and that the Third Circuit has a remedy available for the failure to verify Obama’s original long form BC and failure to rule on the meaning of NBC as specifically applied to Obama.

Problem is no precedent for quo warranto against sitting US president in any district court and the DC court is the one with the best prospects, not the Third or any other non-DC circuit court. Judge Carter said as much. The Third Circuit can easily punt the quo wararnto part of this case, and I expect that they will.

Regarding failure to verify original BC and NBC status, I don't see a remedy available to the courts under separation of powers, now that Obama has been inaugurated.

8 posted on 02/15/2010 9:30:59 AM PST by Seizethecarp
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To: Seizethecarp
Regarding failure to verify original BC and NBC status, I don't see a remedy available to the courts under separation of powers, now that Obama has been inaugurated.

Where is that written in the Constitution?

Inauguration isn't even explictly mentioned in the Constitution. Just a requirement to take the oath of office, along with being eligible, 35+ 14+ years resident and Natural Born Citizen, get majority of electoral vote. All requirements. Meet them all, you are President, even if you take the oath by signing a form filled in with your name. No requirement that the oath be oral, on bible, by Chief Justice, etc, etc. Inaguration is traditional not Constitutional.

When the Chief Justice does administer the oath, he is not acting under his Contitutional responsibilities. At least I don't see anything about doing that in Article III of the Constitution.

9 posted on 02/15/2010 10:12:24 AM PST by El Gato
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To: opentalk

I’ll bet the Third Circuit shoots him down. Any takers?


10 posted on 02/15/2010 10:15:13 AM PST by Non-Sequitur
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To: Non-Sequitur

Shoot down a veritable treasure trove of Constitutional Law and interpretation on the rights of We the People to petition for redress in the most important matter in our form of government?

Surely, you jest.

This Mario Apuzzo....famed constitutional scholar/DUI attorney.


11 posted on 02/15/2010 12:58:42 PM PST by MrRobertPlant2009
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To: Non-Sequitur

“I’ll bet the Third Circuit shoots him down. Any takers?”

I think that’s a given.


12 posted on 02/15/2010 1:15:35 PM PST by tired_old_conservative
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To: opentalk
Kerchner et al. vs. Obama & Congress is without doubt a case that will go down in the history books of law

I suspect the history books will record Kerchner et al. vs. Obama with little more than the following two words: Appeal Dismissed.

13 posted on 02/15/2010 1:21:30 PM PST by Drew68
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To: opentalk

bump


14 posted on 02/15/2010 2:00:56 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: Drew68
It seems to be important to American Courts circa 2010 that (1) Obama's popularity be well below 50% and (2) Obama makes a spectacularly huge mistake.

It's possible that (2) was met when Obama mocked the Supreme Court to their faces in front of the world at the State of the Union circus. If not, then the huge mistake would have to be almost certainly a great tragedy.

It this was a matter of law and justice there would have been a judicial hearing on the matter before the election. Instead it is simply a matter of moral courage.

15 posted on 02/15/2010 2:08:21 PM PST by bvw
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To: Non-Sequitur
Actually, such bets are much more entertaining with Orly.

The side action is where you want to be: how many run on sentences, how many direct insults at the judge, how many website citations in her case, the over under on a contempt citation, size of the fine (Price is Right rules—can't go over!).

16 posted on 02/15/2010 2:09:36 PM PST by tired_old_conservative
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To: bvw
“It seems to be important to American Courts circa 2010 that (1) Obama’s popularity be well below 50% and (2) Obama makes a spectacularly huge mistake.

It's possible that (2) was met when Obama mocked the Supreme Court to their faces in front of the world at the State of the Union circus. If not, then the huge mistake would have to be almost certainly a great tragedy.

It this was a matter of law and justice there would have been a judicial hearing on the matter before the election. Instead it is simply a matter of moral courage.”

Uh, no.

17 posted on 02/15/2010 2:10:55 PM PST by tired_old_conservative
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To: tired_old_conservative

To be clear, I meant that the courts in the US of 2008-2010 lack the moral fiber to hear such a hot potato of a case.


18 posted on 02/15/2010 2:20:21 PM PST by bvw
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To: MrRobertPlant2009
This Mario Apuzzo....famed constitutional scholar/DUI attorney

John Charlton’s prose is one step below a romance novelist on the “overheated” scale.

Alinsky rules for radicals- Tactic #5. "Ridicule is man's most potent weapon.

19 posted on 02/15/2010 2:23:45 PM PST by opentalk
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To: DesertRhino

Even his pneepadding sycophantic messiah worhship brigade working FR knows he’s hiding something. They don’t care. Their task is to obfuscate and divert until this affirmative action assassin of the Republic is finished with his work. They don’t care that he’s illegitimate, they don’t care if he is committing criminal fraud, they don’t care if they have to lie and deceive, so long as their half-black messiah is allowed to finish their dream for the old republic’s demise. They are of like mind with their affirmative action fraud-in-chief, the Constitution is a hindrance to their dreams of fascist utopia. Truth means not a thing to these scum. ... And they are busy don’tchaknow! Just watch them work this thread over the next two days.


20 posted on 02/15/2010 2:25:54 PM PST by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: opentalk
Without a doubt, Obama’s attorneys will not be able to muster a defense without a direct attack on the very U.S. Constitution and the rights protected by it which are the basis of the case.

Without a doubt ---

21 posted on 02/15/2010 2:30:28 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: DesertRhino
can anyone offer a plausible reason why he is fighting this?

So it doesn't happen again.

Some people are trying to force the courts to define "natural born citizen" once and for all so future generations don't have to go through this again.

Of course, the timing for "why now" is to set up a higher hurdle for Obama should he run again in 2012. He may be forced to provide documents for a second run that he was not made to produce on a first run.

-PJ

22 posted on 02/15/2010 2:33:11 PM PST by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: opentalk

Oh yeh — I like that one much better.


23 posted on 02/15/2010 2:34:35 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: opentalk

I don’t know if ridicule is a potent weapon. I just see it as fun.

Come on...do you really think that Apuzzo’s brief is going to be studied for generations?


24 posted on 02/15/2010 2:35:54 PM PST by MrRobertPlant2009
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To: MrRobertPlant2009; tired_old_conservative; Non-Sequitur; Drew68

Did a staff meeting just let out or were you guys just all in the same head together????


25 posted on 02/15/2010 2:39:13 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: MHGinTN
Well, there's a number of socio-political dynamic forces at work against We the People having a real hearing and discovery here.
  1. The Obama supporters paid and unpaid.

  2. The RINO type go-along-to-get-alongers, and country clubbers which include MANY judges. Some if not many Judges tend towards that type of social climbing vanity which makes them country-clubbers. They like looking good.

  3. The political opportunists who see in the continuance of Obama's failures a great opportunity for GOP and personal political gain. They like winning at any cost.

  4. The seekers of Saudi oil money.
It's interesting that the second group truly sees Birthers as ignorant racist redneck low-castes. The first group does too -- but that's expected.
26 posted on 02/15/2010 2:39:44 PM PST by bvw
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To: MrRobertPlant2009

Your post on this thread and others indicate you are either move-on ,Organize for America, some other pro-obama agenda org.


27 posted on 02/15/2010 2:40:50 PM PST by opentalk
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To: MHGinTN
Honestly, do you believe that stuff?

Are Fox, Beck, O’Reilly, Limbaugh, Red State, etc. all secretly hoping for the establishment of Obama’s fascist utopia? I would say no. They simply look at the facts as they lay and don't see a real issue. I guess they could all be wrong, but when “everyone” is wrong but you, it's generally a sign that one should reexamine ones own assumptions.

You seem to have fundamentally melded your dislike for Obama and his policies with this issue. That is, anything that would derail him simply must be true because you cannot accept him as president. We don't buy into that precisely because truth does mean something to us.

We don't think he's hiding his place of birth. We don't think he's illegitimate, for the reasons Red State just articulated. We don't think he's trying to destroy this country. We just think his philosophical predispositions are generally incorrect, which means he should be opposed on the battlefield of ideas and at the ballot box. That's what will get results, not fuming that everyone who doesn’t buy every wild accusation floating on the Internet is a traitor.

28 posted on 02/15/2010 2:41:41 PM PST by tired_old_conservative
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To: MHGinTN
Even his pneepadding sycophantic messiah worhship brigade working FR knows he’s hiding something. They don’t care. Their task is to obfuscate and divert until this affirmative action assassin of the Republic is finished with his work. They don’t care that he’s illegitimate, they don’t care if he is committing criminal fraud, they don’t care if they have to lie and deceive, so long as their half-black messiah is allowed to finish their dream for the old republic’s demise. They are of like mind with their affirmative action fraud-in-chief, the Constitution is a hindrance to their dreams of fascist utopia. Truth means not a thing to these scum. ... And they are busy don’tchaknow! Just watch them work this thread over the next two days.

YEP ---

29 posted on 02/15/2010 2:41:53 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: opentalk

Hireling.


30 posted on 02/15/2010 2:47:44 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: MrRobertPlant2009
Come on...do you really think that Apuzzo’s brief is going to be studied for generations?

Not by your generations, but generations of American patriots might.

And we wait with baited breath the Obamabot March 8th response. Please don't disappoint us. I'm sure it will be one for the ages ------ and the commode.

31 posted on 02/15/2010 2:49:19 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Uncle Chip
Did a staff meeting just let out or were you guys just all in the same head together????

Nope. The moron alarm went off alerting us to yet another Birther thread. And bingo! Here you are.

32 posted on 02/15/2010 2:53:54 PM PST by Non-Sequitur
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To: MrRobertPlant2009
Shoot down a veritable treasure trove of Constitutional Law and interpretation on the rights of We the People to petition for redress in the most important matter in our form of government?

No, shoot down the appeal of a Birther case that has been tossed out of court once already.

33 posted on 02/15/2010 2:55:08 PM PST by Non-Sequitur
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To: little jeremiah

Yep


34 posted on 02/15/2010 2:59:58 PM PST by opentalk
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To: Uncle Chip
I admire that they are pursuing this. It is not normal for the president of the United states to hide his whole background. The truth will prevail.
35 posted on 02/15/2010 3:03:35 PM PST by opentalk
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To: opentalk

You spoke to a potted plant.


36 posted on 02/15/2010 8:09:17 PM PST by Red Steel
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To: DesertRhino
This is nuts, can anyone offer a plausible reason why he is fighting this? Really, who doesn’t get that he’s hiding something big?

*******

Who is Obama's birth doctor? Is that such a hard question for the President of the United States to answer?

1. Right now, I would just be satisfied with Obama coming out and announcing to all the world the name of his 1961 birth doctor so that the good doctor and his family can rightfully enjoy all the public glory and public rewards that a doctor who delivered a president of the united States should receive.

2. But surprisingly, dear old Obama has been conspicuously silent when it comes to publicly giving us his 1961 birth doctor's name.

3. Why is dear old Obama denying his 1961 birth doctor and his family all the public praise and rewards that a doctor who delivered the sitting President of the United States should be entitled to?

4. For instance, the doctor and his family could appear all over the television on such shows as Larry King, Hannity, O'Reilly, and Beck.

5. The good doctor could write a best-selling book about his experiences as a doctor at Kapiolani Hospital, the hospital where Obama says that he was born.

6. The good doctor could have a TV-movie made of his life, and he and his family could become rich and famous from books and movies.

7. The good doctor's family could have members who are important or not so important people today, people who could use the financial rewards and publicity that would come to them when Obama publicly announced the name of his 1961 Hawaii birth doctor.

8. But poor Obama, he is so silent about the name of his birth doctor.

9. So, again, why is the President of the United States behaving in such a terrible way and setting such a poor example to the people of the United States?

10. Could this be the reason: There is NO doctor name or hospital name on Obama's 1961 long form birth certificate?

11. Yes, that is the reason, in my opinion.

37 posted on 02/15/2010 11:03:13 PM PST by john mirse
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To: tired_old_conservative
" That is, anything that would derail him simply must be true because you cannot accept him as president. "

Can you clarify what you mean " Accept "
Are you hinting or assuming that some who oppose Obama for his policies are .. well ? opposing him because he is black ? and those who oppose him are racists ?

38 posted on 02/15/2010 11:57:23 PM PST by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: American Constitutionalist

Read the post I was responding to. Do you sense anything rational there? It’s a vulgar, juvenile diatribe expressing fairly broad rage against anyone who hasn’t bought into the poster’s point of view. That kind of thing doesn’t come from the rational mind. It’s generally driven by internal issues seeking some sense of validation. What those issues may be I specifically did not speculate.


39 posted on 02/16/2010 9:38:24 AM PST by tired_old_conservative
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To: john mirse
Maybe I'm wrong, but when was the last time a doctor who delivered a president became famous and had a made-for-TV movie made of his life?
40 posted on 02/16/2010 9:39:32 AM PST by tired_old_conservative
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To: opentalk
related article , Obama response to brief

Obama’s Straw Man Defense - Kerchner v. Obama, Article II, eligibility

link

41 posted on 03/19/2010 5:27:06 AM PDT by opentalk
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