Posted on 01/22/2009 1:22:47 PM PST by dascallie
"Activism, Eligibility, Kerchner v. Obama, POTUS » Kerchner v. Obama: Complaint, Petition Filed in NJ Federal District Court Thu, Jan 22, 2009
Mario Apuzzo, a New Jersey attorney, filed a case early Tuesday morning, a Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto:
On early Tuesday morning, January 20, 2009, at about 3:00 a.m., I filed a Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto on behalf of my clients, Mr. Kerchner, Mr. Patterson, Mr. LeNormand, and Mr. Nelsen, against defendants, Barack Hussein Obama II, United States of America, United States Congress, United States Senate, United States House of Representatives, Richard B. Cheney, and Nancy Pelosi. I filed the complaint in the Federal District Court of New Jersey and is now pending in Camden. It bears Civil Action No. 1:09-cv-00253. The complaint seeks to learn the truth about whether Obama is an Article II “natural born Citizen” and eligible to be President and Commander in Chief. On January 21, 2009, I filed an Amended Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto. The Complaint and the Amended Complaint can be accessed and viewed at the District Court of New Jersey and Pacer web site. I will also be uploading a copy of the documents at this blog site as soon as possible so that they may be more easily viewed.
The defendants have not yet been served. I am now in the process of requesting that the Court issue to me the summonses so that I can then serve as soon as possible the Summons and Amended Complaint on the defendants.
As you know, the courts have refused to reach the underlying merits of the many lawsuits that have been filed on the question of whether Mr. Obama is an Article II “natural born Citizen” and eligible to be President and Commander in Chief. My clients and I hope that we will get a court to reach the underlying merits of this question so that the American people will be assured that Mr. Obama is their legitimate President and not an usurper. I will appreciate whatever comments anyone has on the merits of this lawsuit.
Mario Apuzzo, Esq."
El Gato: But who says *they* would remove him from office? They would just declare that he was not eligible. (#120)
I'm astonished at the number of "move-on, done, over" arguments-- no, make that arguers-- that seem to assume that the removal of Obama from the white house by the government is the only goal that the so-called "birthers" consider or would accept.
As messy as it might be, a ruling that Obama is ineligible, or a crook or fraud, with fallout and revelations, would be much more instructive to the populace than 12 years of publick school. Heck, it might even disillusion a demonicrat or two. In the meantime, while Obama is still in office, expect harm. Bring on the suits.
El Gato's scenario is important to keep in mind as a worthwhile goal. Don't forget that the eligibility "concerns" could be used as a wedge to pave the way to a heightened interest in what, to my mind at least, were some very questionable politickings by the Obama campaign & others.
Oh yes, I almost forgot. Every day that Marxist stays in office is dangerous. Just wanted to make sure I wasn't mistaken for a glass-half-full collectivist.
It is very simple really. If the SC ruled he was ineligible, then anyone could bring a suit against anything he did and the courts would just rule his actions “Null and Void”..In a truthful universe, that is what would happen. In the current fantasy land that we live that would never happen. At least, some people woke up to the fact that sacred oaths and the Constitution protect nothing. They are worth zero when you have Alice in Wonderland being performed 24 hours a day.
very interesting
Do Federal Rules allow the filing of an initial Complaint to be done electronically?
Not likely. They are not getting paid and often are paying to work.
You are wrong about this. A Natural Born citizen is born on U.S. soil to two citizen parents. You can not have dual citizenship if both parents are U.S. citizens. If one parent is a citizen or neither are citizens but you are born on U.S. soil that makes you a Native Born citizen. Two different things
It seems many pro-Obama people on the internet say that the new, very strict federal medical privacy laws, HIPAA, prohibit any Hawaii hospital---even if Obama's mother was never a patient in that hospital---from revealing to reporters that Obama’s mother was or was not a patient on Aug. 4, 1961, even though she died in the 1990s.
It is all very confusing to me.
However, I did some research on HIPAA, and I came across this passage in an article about myths about HIPAA.
I post it here for discussion sake.
“Myth #13: The press can no longer access vital public information from hospitals about accident or crime victims.
FACT: HIPAA allows hospitals to continue to make public (including to the press) certain patient directory information - including the patient’s location in the facility and condition in general terms - unless the patient has specifically opted out of having such information publicly available.
Thus, if a patient has not opted out of being listed in a hospital directory, and a reporter knows the name of an accident or crime victim, the reporter can request directory information from a hospital, including the condition of the patient.
HIPAA does prohibit the hospital from releasing anything more than directory information, without the patient’s authorization.
This HIPAA provision, however, is not a change from most existing state laws, which protect the confidentiality of patient information to varying degrees.
Further, the HIPAA Privacy Rule does not directly cover the media, so once a reporter obtains patient information, from any source, he or she is not restricted by HIPAA in how the information is used or disclosed.”
I understand there are no hospital records for Obama or his mother at any point in time anywhere in Honolulu
From the web:
>>Hospitals you can check yourself (Hint on the process: Most of the following Hospitals didn’t exist in Honolulu County at time of Obama’s birth so this was an academic exercise) The main two hospitals claimed that definitely existed are above and both have no record of Obama or Mother Ann in either of them.
The Queen’s Medical Center - Honolulu, Hawaii Obama claims as his birth hospital, no record of Obama or mom
Kapi’ olani Medical Center Obama’s sister claims Barack Obama born here—no record of Obama or mom
Honolulu Shriners Hospital Never a patient Mom or Obama
Straub Clinic & Hospital Never a patient Mom or Obama
Hawaii Health Systems Corporation - Honolulu, Hawaii Never a patient Mom or Obama
Cancer Institute of Maui - Wailuku, Hawaii No Comment ???
Kuakini Hospital - Honolulu, Hawaii Never a patient Mom or Obama
Rehabilitation Hospital of the Pacific - Honolulu, Hawaii Never a patient Mom or Obama
St. Francis Healthcare System of Hawaii - Hawaii Never a patient Mom or Obama
Straub Heatlh - Honolulu, Hawaii Never a patient Mom or Obama
Tripler Medical Center - Honolulu, Hawaii Never a patient Mom or Obama
Wahiawa General Hospital - Wahiawa, Hawaii Never a patient Mom or Obama
Wilcox Memorial Hospital - Lihue, Kauai, Hawaii Never a patient Mom or Obama
bookmark
Under the 10th Amendment, if Congress has failed to designate the states or a department or agency of the federal gov’t. as being responsible for verifying presidential eligibility, and the states refuse to do so, then that power is reserved to the people.
~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~ * ~
Steve Pidgeon, plaintiff attorney in Broe v. Reed, says the Washington SoS asserts that it is the voters’ responsibility to determine a candidate’s eligibility.
Rejection of a citizens standing on this complaint is a violation of the people’s right to redress of grievances under the 1st Amendment and a violation of the people’s right at assert the powers reserved to them under the 10th Amendment.
You make a great point. Make him spend time defending himself so he can’t continue the destruction of the country.
Broe vs. Reed sounds like it should be presented to SCOTUS (if it hasn’t been already).
Mario Apuzzo, the lawyer in the case Kerschner v. Obama, will be on BlogTalk Radio tonight, 2/13/09 at 10PM EST.
His blog is located at: http://puzo1.blogspot.com/
Here’s his post:
BlogTalkRadio MommaE Radio Rebels Show 13 Feb 09 - Case Update & Q&A
Hi all,
I am pleased to announce that I and the lead plaintiff, Mr. Charles Kerchner, in the ‘Kerchner et al v Obama et al’ case, will be on the MommaE Radio Rebels talk radio show tonight, Friday, 13 Feb 2009, from 8:30 to 10:00 p.m. EST. The show is on the BlogTalkRadio.com network which is broadcast via the internet. I will be providing an overview and update for the case. Mr. Kerchner and I will then take Q&A from the host MommaE and via phone calls from the listening audience. There is also a chat room which the listeners can participate in live while the show is on the air. Feel free to spread this announcement to people interested in this case. I hope to hear from you tonight on the radio show.
BlogTalkRadio.com URL link for this show:
http://www.blogtalkradio.com/mommaEradioRebels/2009/02/14/Momma-E-and-the-Radio-Rebels
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