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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
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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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