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Kerchner v Obama & Congress - U.S. 3rd Circuit Appeal - Appellant's Opening Brief - Filed 1/19/10
Scribd ^ | 1/20/2010 | Charles F. Kerchner, Jr.

Posted on 01/20/2010 12:16:07 PM PST by rxsid

Kerchner v Obama & Congress - U.S. 3rd Circuit Appeal - Appellant's Opening Brief - Filed 19 Jan 2010

Attorney Mario Apuzzo has filed the Appellant's Opening Brief in the Kerchner et al v Obama et al lawsuit appeal. The Brief was filed with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. See this link to download and read it: http://www.scribd.com/doc/25461132/Kerchner-v-Obama-Appeal-Appellant-s-Opening-Brief-FILED-2010-01-19

We look forward to the U.S. 3rd Circuit Court of Appeals reviewing this matter and ordering a trial on the merits as to the Article II Constitutional eligibility of Obama to serve as President and Commander-in-Chief of the military.

We say Obama is not a "natural born Citizen" of the USA and thus is not eligible to serve in the Oval Office. Obama is a Usurper and must be removed to preserve the integrity and fundamental law of our Constitution and our Republic.

"We the People" will be heard on this matter! As the People in Massachusetts have demonstrated, "We the People" are the Sovereigns in this country and the Constitution is the fundamental law of our nation, not Obama or Congress. We will not be silenced. The chair Obama sits in in the Oval Office is not his throne. It is the People's seat too. And Obama despite all his obfuscations to date must prove to Constitutional standards that he is eligible to sit in that seat.

This is not going to go away until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for President. Obama at birth was born British and a dual-citizen. He holds and has held multiple citizenship during his life-time. He's a Citizenship chameleon as the moment and time in his life suited him and he is not a "natural born Citizen" with sole allegiance and Unity of Citizenship at Birth to the USA as is required per the Constitution per the intent of our founders and the meaning of the term "natural born Citizen" to Constitutional standards.

Attorney Apuzzo will comment more on this Appellant's Brief in the next few days.

Charles F. Kerchner, Jr.
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http://www.protectourliberty.org

http://puzo1.blogspot.com/2010/01/kerchner-v-obama-appeal-appellants.html


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: apuzzo; kerchner; obama; soetoro
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I would add...

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

 

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
http://fightthesmears.com/articles/5/birthcertificate.html

 

 

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate.

1 posted on 01/20/2010 12:16:10 PM PST by rxsid
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To: LucyT; BP2; STARWISE; Red Steel; pissant; hoosiermama; null and void; Amityschild; Calpernia; ...
Ping!

"Kerchner v Obama & Congress - U.S. 3rd Circuit Appeal - Appellant's Opening Brief - Filed 1/19/10"

2 posted on 01/20/2010 12:17:37 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Maybe he’s in enough political trouble now that he will be considered unuseful, and someone will decide to let this go forward.


3 posted on 01/20/2010 12:18:23 PM PST by Genoa (Luke 12:2)
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To: Genoa
Certainly possible. Prior to 1/20/09, and even shortly thereafter...nobody in a position of power wanted to touch this "hot potato." Now? Tides could be turning!
4 posted on 01/20/2010 12:20:50 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid
You can get a pretty nice Hut in Kenya on Obama’s retirement salary.
5 posted on 01/20/2010 12:22:56 PM PST by faucetman (Just the facts ma'am, just the facts)
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To: rxsid; Danae
Excellent letter by Charles Kerchner. I hope Wall Street Journal or Fox News will report this. Great news on top of Brown Massachusetts massacre. Now's the time to pile on and squash Obama like a bug. He must be outed and removed. Quo warranto, baby.

Waiting for Donofrio to join the party. The tide is turning.

6 posted on 01/20/2010 12:26:57 PM PST by circumbendibus (Obama is an unconstitutional illegal putative president. Quo Warranto in 2010)
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To: rxsid; penelopesire; seekthetruth; television is just wrong; jcsjcm; Pablo Mac; April Lexington; ...

~~PING!


7 posted on 01/20/2010 12:28:10 PM PST by STARWISE (They (LIBS-STILL) think of this WOT as Bush's war, not America's war- Richard Miniter)
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To: faucetman

From Queen to hut living; I don’t think Michelle is going to go for it. Where would she wear all of her finery?


8 posted on 01/20/2010 12:29:16 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: rxsid

“When Barack Obama Jr. was born on Aug. 4,1961, ...”

When an article or brief starts out FACTUALLY WRONG, I tend to discount anything else that is written. Hawaii in fact became a US STATE in August of 1959 TWO YEARS before Obama was born ( wherever that may have occured)


9 posted on 01/20/2010 12:30:31 PM PST by the long march
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To: rxsid

bump


10 posted on 01/20/2010 12:30:51 PM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: rxsid
(the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate.

NO ONE has (to my knowledge) ever asked WHY HAWAII would set such a law.

Laws do not just 'happen'. There is always a reason.

What good purpose would such a law serve? What was the reasoning behind that law?

11 posted on 01/20/2010 12:32:18 PM PST by UCANSEE2
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To: rxsid
until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for President.

Who is the controlling legal authority? We trusted the DNC to present an eligible candidate and we relied on the GOP to vet the opposition, yet no one stepped up to the duty or fudged documentation.

12 posted on 01/20/2010 12:49:22 PM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: the long march

What is factually wrong???

NOTHING.. He never said Hawaii wasn’t a state.. Move along Obot.


13 posted on 01/20/2010 12:53:15 PM PST by barnieca (www.theobamafile.com)
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To: UCANSEE2

It’s my understanding that Hawaii issued “Certificates of Live Birth” NOT a Birth Certificate. One would only need to present a living breathing baby to be able to be issued the Certificate of Live Birth. These two things aren’t the same as I understand it. CO


14 posted on 01/20/2010 12:55:45 PM PST by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: UCANSEE2; BIGLOOK; Red Steel; El Gato; LucyT; BP2; STARWISE; pissant; Fred Nerks; hoosiermama; ...
"(the law in effect in 1961) allowed baby's born anywhere in the world to be eligible to apply for a Hawaii birth certificate.

NO ONE has (to my knowledge) ever asked WHY HAWAII would set such a law.

Laws do not just 'happen'. There is always a reason.

What good purpose would such a law serve? What was the reasoning behind that law?"

--------------------------------------------------

For a very simple, "in a nutshell" start...FOLLOW THE MONEY!

For further reading...an excellent reason can be found here. Other reasons have been discussed by many other FReepers as well. The reason's abound.

Bottom line, any and all reasons aside, the fact remains...HI did have such a law in place in 1961 (specifically), and long before that as well.

15 posted on 01/20/2010 12:56:15 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: barnieca

You bet anyone who doesn’t agree with your viewpoint has to be an Obot.

I know all you folks get really excited about Obama being born somewhere else but I will say again it makes no difference at this point. We can try and pass legislation at the state level to prevent it from ever happening again but SCOTUS is NEVER going to agree with you


16 posted on 01/20/2010 1:01:13 PM PST by the long march
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To: rxsid

This has been discussed before. Hawaii is a welfare state. They loaded the state up with people from other countries in the 1960s to get govt money. Probably lots of illegals for agriculture too. It was really a plantation for liberal white elites.

Send the Haitians there.


17 posted on 01/20/2010 1:05:20 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: Canadian Outrage
"It’s my understanding that Hawaii issued “Certificates of Live Birth” NOT a Birth Certificate"

They actually issued birth certificates...check it out:

Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I"

18 posted on 01/20/2010 1:06:54 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: the long march
"“When Barack Obama Jr. was born on Aug. 4,1961, ...”

When an article or brief starts out FACTUALLY WRONG, I tend to discount anything else that is written. Hawaii in fact became a US STATE in August of 1959 TWO YEARS before Obama was born ( wherever that may have occured)"

----------------------------------------

Where's the "factual" inaccuracy in that article (or brief) regarding the time-line you mention?

19 posted on 01/20/2010 1:11:10 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: faucetman

He won’t be going to Kenya when he gets booted out. My prediction, he’ll have to go to somewhere (Rio?) where he can’t be extradited.


20 posted on 01/20/2010 1:12:35 PM PST by kiltie65
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To: Frantzie

Exactly!


21 posted on 01/20/2010 1:18:24 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Genoa

There may be a disgruntled CIA agent somewhere who might let something leak???


22 posted on 01/20/2010 1:25:29 PM PST by screaminsunshine
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To: rxsid

Also see Bishop Estate set up in 1884 in the will of the great granddaughter of King Kamehameha. He husband was Charles Bishop a banker. At least $10 billion in assets and lots of real estate and rotten to the core like the state of HI.


23 posted on 01/20/2010 1:25:33 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: rxsid

There was something on The Long Thread about Hawaii getting more federal money for each newly minted Hawaiian by birth. IIRC enabled new Hawaiian occupants to get federal welfare payments instantly.


24 posted on 01/20/2010 1:28:26 PM PST by null and void (We are now in day 364 of our national holiday from reality. - 0bama really isn't one of US.)
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To: circumbendibus

Leo & attorney Steve Pidgeon are running the Chrysler dealers lawsuit for Quo Warranto. Quo Warranto through the DC District Court is believed to be the right venue. To have standing - someone has to have been harmed by Hussein. Who was harmed? Chrysler dealers.


25 posted on 01/20/2010 1:30:59 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: rxsid
Hawai's federal grant money for illegals and immigrants
26 posted on 01/20/2010 1:31:29 PM PST by null and void (We are now in day 364 of our national holiday from reality. - 0bama really isn't one of US.)
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To: faucetman
You can get a pretty nice Hut in Kenya on Obama’s retirement salary.

He won't get a retirement salary because he never was legally the president.

27 posted on 01/20/2010 1:42:49 PM PST by BubbaBasher ("Liberty will not long survive the total extinction of morals" - Sam Adams)
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To: null and void

Right, and great memory!


28 posted on 01/20/2010 1:50:56 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

Naaaah.

A GREAT memory would at least let me know who posted it on The Long Thread soes I could find it!


29 posted on 01/20/2010 1:53:39 PM PST by null and void (We are now in day 364 of our national holiday from reality. - 0bama really isn't one of US.)
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To: the long march

Ah, a modern Nostradamus that can see the future!

I say it does make a difference.

You’re an Eeyore.


30 posted on 01/20/2010 1:55:05 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: the long march

A wet blanket.

A defeatist.

Waving the white flag before the battle even starts.

Is your family motto “Surrender at all costs!”


31 posted on 01/20/2010 1:55:50 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: rxsid

It should have said something like “When Barack Hussein Obama Jr was purportedly born...etc”.


32 posted on 01/20/2010 1:57:14 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: UCANSEE2

I can see the need for labor .. Hawaii growing
as a tourism location.


33 posted on 01/20/2010 2:06:58 PM PST by STARWISE (They (LIBS-STILL) think of this WOT as Bush's war, not America's war- Richard Miniter)
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To: STARWISE

Pineapple plantation etc also needed manual labor. No mechanical back then.


34 posted on 01/20/2010 2:23:39 PM PST by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: little jeremiah

Be sure and hold your breath while you wait.

I prefer to get active and make sure folks get elected to office who will defeat these proposals


35 posted on 01/20/2010 2:52:57 PM PST by the long march
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To: the long march; little jeremiah
"I prefer to get active and make sure folks get elected to office who will defeat these proposals"

Why in the world would you want to try and defeat a proposal that seeks to get the answer of weather or not Barry is Constitutionally qualified? Do the requirements matter to you?

By the way:

Just 51% of Americans believe Obama eligible
"As he loses public support for his agenda, the risk grows that this unaddressed issue could come back to haunt Obama, perhaps at a time when he can least afford it."

36 posted on 01/20/2010 3:42:13 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: the long march

Maybe you’re not aware of this fact, but many people can focus on various tasks at once. It is not an “either/or” situation.

You seem strangely opposed to the vetting 0bama to determine whether he is actually eligible to hold the office of the Presidency. I wonder why. Wouldn’t you like to have the light of truth shine on his status?

I sure would.


37 posted on 01/20/2010 5:41:57 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: rxsid

Still, he issued a “Certificate of Live Birth”. It was not entitled a Birth Certificate. My birth certificate is a long yellow form with all sorts of information. Maiden name of the mother, name of the father, place of birth, doctor, date, etc. etc. You know what I mean. And then it even has a big red seal on it. Obama’s was not anything of the sort. NO information was contained or very little. Nothing much about the parents. Did you know that Isreal is the only place on earth that requires a child to be named after the mother? All other places require the name of the father. IF the father is unknown, it states that. CO


38 posted on 01/20/2010 8:12:13 PM PST by Canadian Outrage (Conservatism is to a country what medicine is to a wound - HEALING!!)
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To: the long march

This might not be a first call by the SCOTUS. Our Founding Fathers wisely, intentionally and explicitly set the requirement and thus the definition of a natural born citizen into the Constitution by means of Article I Section 8 sentence number 9. With this they gave Congress the duty “To define and punish..... Offenses against the Law of Nations”. It is the Law of Nations that specifies a natural born citizen as one ‘born in the country of parentS who are it’s citizenS’. So Congress has a constitutional obligation to punish usurpers the like of BHO who offend(violate) the Law of Nations and as such the Constitution.Because BHO has admitted in his writigs that his father was a Kenyan as such subject to British rule at time of birth he admits to not meeting eligibility requirements. Indeed BHO is good to go if Congress will do it’s sworn duty to honor and defend the Constitution which FFs so thoroughly crafted.


39 posted on 01/20/2010 9:00:14 PM PST by noinfringers
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To: Canadian Outrage

What he “released” to the public isn’t what he would have been given in 1961. That law of 57, actually afforded foreign born baby’s an actual birth certificate. It’s right there in the law itself. Now...what would be stated on it as far as hospital and/or delivering Dr. (etc)? Who knows. That, is one of the 2 million dollar (spent) questions.


40 posted on 01/21/2010 10:11:23 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: little jeremiah
"but many people can focus on various tasks at once. It is not an “either/or” situation."

True indeed!

41 posted on 01/21/2010 10:13:32 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: rxsid

weather??? as in whether....at any rate. you have deliberately twisted any and all argunmentation. Fact is yes I care about the constitution but I also understand which battles can be won and which cannot. Go ahead and bang you drum slowly. Let us all know when the lights have been turned out.


42 posted on 01/21/2010 1:15:53 PM PST by the long march
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To: little jeremiah

you seem strangely obsessed with a losing position

when I find that I have fallen into a hole, I find it best to FIRST stop diggin


43 posted on 01/21/2010 1:16:44 PM PST by the long march
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To: noinfringers

Yeah good luck with that argument.


44 posted on 01/21/2010 1:18:09 PM PST by the long march
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To: the long march

Your purpose is to throw cold water on the topic of 0bama’s constitutional eligibility to hold the post of President.

I am wondering why.

Solid trustworthy freepers I know who think it’s more important to elect conservatives and vote 0bama out, and not worry about his eligibility, don’t even post on these threads.

They’re busy doing the things they deem worthwhile.

Yet you and your ilk, hang out on these threads dissing everyone who is concerned, and your excuse is that other aveneues are better to puruse.

Why the hell aren’t you busy pursuing other avenues? You’re wasting your time on a “losing” issue (trying to make it a losing issue is more like it).

You and the others like you are contradicting your very arguments by even posting on these threads.

Your very purpose is to paint those concerned with Constitutional eligibility as nuts and kooks.

I wonder why, it is obviously not because you want to further the conservative cause, or you’d be busy doing that.


45 posted on 01/21/2010 1:33:08 PM PST by little jeremiah (Asato Ma Sad Gamaya Tamaso Ma Jyotir Gamaya)
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To: All
FYI - Mario and Charles have been on blogtalk radio recently:

Wednesday, January 20, 2010
Atty Apuzzo & CDR Kerchner on Revolution Radio Show hosted by Dr. Kate - Wed, 20 Jan 2010, 9:30 p.m. EST
http://www.blogtalkradio.com/drkate/2010/01/21/revolution-radio-the-unconstitutional-obama

 

Thursday, January 21, 2010
Atty Apuzzo & CDR Kerchner on Let's Talk Liberty Radio Show hosted by Chalice Jackson - Thurs, 21 Jan 2010, 9:15 p.m. EST
http://www.blogtalkradio.com/patriotsheartnetwork/2010/01/22/lets-talk-liberty

46 posted on 01/21/2010 1:36:57 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: the long march
yeah, i certainly have never been accused of being the worlds best speller (or even close to it). Guess that's what I get for relying on my "spell checker" far too much. Unfortunately, it doesn't have a grammar check, or an "intent" check. Guess when that's about all you've got to joust with...you go with it.

And yeah, I will continue to bang [that] drum slowly. I'm capable of multitasking.

"Let us all know when the lights have been turned out.

On Barry currently usurping the Constitution? Will do.

47 posted on 01/21/2010 2:00:51 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: little jeremiah; the long march

Excellent points! Great post.


48 posted on 01/21/2010 2:02:40 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: little jeremiah

Presumptive on your part. I am throwing cold water on nothing. I am stating what will inevitably happen to this ‘case’. Discuss it all you wish but do not delude yourself.

I and my ilk -— I guess that means you too since here you are posting-— oh but you only mean the folks who disagree with you. Okay so be it. Since it is FR I was under the silly notion that I was allowed to post my opinion even if it disagrees with yours


49 posted on 01/21/2010 2:15:18 PM PST by the long march
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To: rxsid

See post #49


50 posted on 01/21/2010 2:16:13 PM PST by the long march
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