Appeals court: We're listening to eligibility case (re: Kerchner v. Obama)

"Appeals court: We're listening to eligibility case
Judges grant permission for lengthy filing in case challenging Obama

An appeals court has indicated it is listening to arguments in a case that challenges Barack Obama's occupancy in the Oval Office with a ruling that gives special permission for an extra-long document to be filed in the case.

WND has reported on the case brought by attorney Mario Apuzzo in January 2009 on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."

The complaint also asserts "when Obama was born his father was a British subject/citizen and Obama himself was the same." The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a "natural born citizen," excluded dual citizens."

"This ain’t that special. All the appelate court has allowed is an over long brief to be filed.

I wouldn't call it nothing special, in that the court easily could have followed with the same "mindset" as all the other courts, and simply denied their request. So, IMO, it's a "minor" victory for Kerchner because the could allowed them to file a much lengthier motion. Again, something the court didn't need to do with their 14,000 word rule in place.

However, your correct that what the court did was to allow them to submit their longer brief. From Mario's site (linked in the original post):

"Circuit Court of Appeals rules provide that an appellant’s opening brief is not to exceed 14,000 words. Because of the extraordinary nature and complexity of the question of whether putative President Barack Obama is an Article II “natural born Citizen” and therefore eligible to be President, whether my clients (the plaintiffs) have standing to bring an action against Obama and Congress in which they maintain that Obama is not a “natural born Citizen” and that Congress failed to meet its constitutional duty to protect my clients by assuring them that Obama is a “natural born Citizen,” and whether plaintiffs’ action presents a nonjusticiable political question which the courts cannot address, I was compelled to file a brief which contained 20,477 words. So that the Court would accept the overlength brief, I filed a motion with the Court for leave to file the overlength brief.

By order dated February 22, 2010, the Honorable Circuit Judge Michael A. Chagares on behalf of the Motion's Panel of the Third Circuit Court of Appeals granted plaintiffs’ motion for leave to file the overlength brief. This is great news because the case will now continue forward as scheduled. Obama’s and Congress’s opposition brief was initially due on February 22, 2010. The Department of Justice obtained a 14-day extension to file that brief, making the new due date March 8, 2010. After they file their opposition brief, I will then have 14 days within which to file a reply to that brief. All briefs will be posted at this blog and it is my hope that the public will read these briefs so as to stay fully informed on this issue that is critically important not only to my clients but also to our Constitutional Republic."

Proof of DNC Corruption ignored by DOJ and SCOTUS
=========================================

Altered voting certificates by Pelosi for election fraud for the DNC

Exhibit 1: (the original, but discarded) states:
”THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the
United States of America, held in Denver, Colorado on August 25 though 28, 2008, the
following were duly nominated as candidates of said Party for President and Vice
President of the United States respectively and that the following candidates for President
and Vice President of the United States are legally qualified to serve under the provisions
of the United States Constitution:”

Exhibit 2: specifically leaves out the qualifying requirement:
”THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the
United States of America, held in Denver, Colorado on August 25 though 28, 2008, the
following were duly nominated as candidates of said Party for President and Vice
President of the United States respectively:”

Exhibit 3: More altered documents where the natural born requirement
Check off box … was removed.

“D.C. Tech Official Is Accused of Bribery(Birth Certificate Forgery)
A D.C. government official and a business executive were arrested yesterday on bribery
charges involving city technology contracts that included "ghost" workers and
kickbacks, federal authorities said. Until recently, the technology office was headed
by Vivek Kundra, who has taken a job as President Obama's chief information officer.
A White House official confirmed last night that Kundra has taken a leave of absence.
“Yusuf Acar, 40, who has worked in the technology office since 2004, was charged with
bribery, conspiracy, money laundering and conflict of interest.
Assistant U.S. Attorney Thomas Hibarger told a federal judge that Acar is a flight risk because agents
seized $70,000 in cash in his house and because in recorded conversations, he boasted that he could easily flee to his native Turkey.
Acar also told the informant that he could use
computers to create fake D.C. birth certificates, Hibarger said. “

“The Hippies Who "Certified" Obama (Get a look at the 2 child-hippies who certified our "president")”

Kenya Sunday Standard headline — “Kenyan-born Obama all set for US Senate”

The Nigerian Observer — “Americans will today go to the polls to elect their next President with Democratic Party candidate, Senator Barack Obama largely favoured to win. The Kenyan-born Senator will…”

USAfrica — “Kenyan-born OBAMA makes history…wins presidential nomination of U. S. Democratic party; eyes on White House…”

AllAfrica.com — ” Little wonder then why Kenyan-born Barack Obama, America’s first Black President…”

GraphicGhana.com — “For Ghana, Obama’s visit will be a celebration of another milestone in African history as it hosts the first-ever African-American President on this
presidential visit to the continent of his birth.” The same article, with the same quote, appeared in ModernGhana.com.

The Ghana Times — “So far, the odds favour the once underdog in American politics, Obama, the African-American Senator from Illinois state. A Congressional Quarterly
(CQ) politics monitored on BBC put the Kenyan born American ahead of his rivel, John McCain.”

From the comment section:
(”AmericanDaughter“) NPR.org — “…She also describes the stories that have been exciting, including the U.S. presidential race of Kenyan-born Sen. Barack Obama.”

(”AmericanDaughter“) AllAfrica.com — “Kampala — Ugandans have formed a group to mobilise support for Kenyan born-senator, Barack Obama for the US presidency.” "

“Kenyan Historian: It's Odd that Kenyan Luo Tribe Member (Obama) Elected President in US Before Kenya (Audio)
We already knew that Barack Obama's brother Malik was a Luo activist and a militant Muslim
who argued that the black man must "liberate himself from the poisoning influences of European culture."

“Article in Nairobi Paper June 2004 - Barack born in Africa
An ongoing poll by AOL News currently shows that 58% of Americans have doubts
about Obama’s citizenship. The poll was started on July 28 and continues — you can go
here to vote. And lest you think that this survey is being conducted in a very anti-Obama
venue, the title of the article is Birthers, Beer and Stuck on ‘Stupidly’ — it is an
environment contemptuous of skeptics. So we can conclude that the results of their poll
are not what they were hoping for.

A scant five years ago, Barack Obama was a little known Illinois state politician, aspiring
to move up to the United States Senate. Undoubtedly, the Marxist handlers behind this
Manchurian candidate had long range plans to capture the US presidency since he was
groomed as a youth by Frank Marshall Davis. But the general public and the press were
not privy to this information.

At that time, there would have been no reason to fabricate a story about Obama’s birth
that would disqualify him for the highest US office. This would be especially true for an
African paper that was simply proud of their native son. So it is reasonable to take the
press clippings of the day at face value. The following item has been on the web all
along, but apparently did not get much attention. It is a June 2004 article from the online
version of the East African Standard, an English-language paper published in Nairobi,
Kenya, titled Kenyan-born Obama all set for US Senate.“

Br> “US Presidential Polls:Obama, McCain slug it out today
WASHINGTON – Americans will today go to the polls to elect their next President with
Democratic Party candidate, Senator Barack Obama largely favoured to win.
The Kenyan-born Senator will, however, face a stiff competition from his Republican
counterpart, John McCain who has taken the presidential battle to the finishing line with
vigorous campaign strategies.”

“Americans Decide Today - go Obama (this site hasn't been scrubbed yet)
So far, the odds favour the once underdog in American politics, Obama, the African-American Senator from Illinois State .
A Congressional Quarterly (CQ) politics monitored on BBC put the Kenyan born American ahead of his rival, Senator McCain.”

"Security Breach May Lead To Obama Natural Born Status
A series of 2008 security breaches at the US State Department may indicate that someone knows Barack Obama’s true status as a natural born citizen - and is waiting for the right time to reveal it. The breaches, which occurred on January 9, February 21 and March 14 of 2008, were done by two “low level” contractors and another in a mid-level position with no management role.
... An investigation of the incidents revealed that all three major presidential candidates - Barack Obama, Hillary Clinton, and John McCain - had their passport files compromised.
... News of the security breaches prompted a statement from then-Senator Joseph Biden, who had not yet been chosen as Obama’s running mate. Biden, who was chairman of the Senate Foreign Relations Committee, had oversight of the Foreign Service and the passport office.

“I am deeply troubled that State Department contract employees sought access to Sen. Barack Obama’s passport files,” the statement from Biden read. “Firing or disciplining those responsible is an important first step. But we need to understand why these employees had access to this information in the first place, why they sought the information, and why it took over two months for this matter to come to light. I urge the Secretary of State to promptly refer this matter to the State Department Inspector General for investigation.”
... On April 5, 2008, Deputy Assistant Secretary for Passport Services Ann Barrett resigned from her post after a credit card scheme using US passport date was uncovered by the security probe. State Department Spokesman Tom Casey told The Washington Times that 24-year-old Lieutenant Quarles Harris Jr. told federal authorities he obtained “passport information from a co-conspirator who works for the U.S. Department of State.”

From The Washington Times report:
The investigation began after Metropolitan Police on March 25 pulled over Mr. Harris in Southeast on suspicion that the windows of his vehicle were tinted too darkly.
After searching Mr. Harris and his vehicle, police found marijuana and 21 credit cards that were not issued in his name or the name of a female passenger with him. Police also found eight printouts of State Department passport applications, and four of the names on the applications matched four of the credit cards.
Upon questioning by agents from the U.S. Secret Service, U.S. Postal Service and State Department, Mr. Harris “admitted he obtained the passport information” from a State Department employee, court documents say.

Mr. Harris also said the fraud ring submitted credit-card applications using the names and “identifying information” of the persons listed on the passport applications, and that a postal service employee then would intercept the cards before they were delivered to the appropriate residences.
Then, on April 17, 2008, Lt. Harris was found fatally shot dead slumped over the steering wheel of his car in front of the Judah House Praise Baptist Church in Northeast DC."

Key Witness in Presidential Passport Tampering Case Murdered in 2008, No Arrests
On April 8, 2008, Obama confessed to having taken a trip to Pakistan in 1981. Here is what Obama said - Jake Tapper was there:
"So when I speak about having lived in Indonesia for four years, having family that is impoverished in small villages in Africa --knowing the leaders is not important -- what I know is the people...I traveled to Pakistan when I was in college -- I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee."
... Much speculation has been made about what national passport Obama used when he traveled to Pakistan in 1981.
So Obama confessed to this trip two weeks after his passport was tampered with.

.... A key witness in a federal probe into passport information stolen from the State Department was fatally shot in front of a District church, the Metropolitan Police Department said yesterday. Lt. Quarles Harris Jr., 24, who had been cooperating with a federal investigators, was found late Thursday night slumped dead inside a car, in front of the Judah House Praise Baptist Church in Northeast, said Cmdr. Michael Anzallo, head of the department's Criminal Investigations Division.
Cmdr. Anzallo said a police officer was patrolling the neighborhood when gunshots were heard, then Lt. Harris was found dead inside the vehicle, which investigators would describe only as a blue car."

"Mysterious Dead Person Connected To 2008 Elections
The Washington Times reported April 5 that contractors for the State Department had improperly accessed passport information
for presidential candidates Sens. Hillary Rodham Clinton, Barack Obama and John McCain, which resulted in a series of firings that reached into the agency's top ranks."

Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report
"The Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii
In the State of Hawaii, back in 1961, there were four different ways to get an “original birth certificate” on record.
BC1. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).

governor, or his secretary, or such other person as he may designate or appoint from his office” §338-41 [in 1961]).

In 1982, the vital records law was amended to create a fifth kind of “original birth certificate”. Under Act 182 H.B. NO. 3016-82, “Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that the proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.”
In this way “state policies and procedures” accommodate even “children born out of State” (this is the actual language of Act 182) with an “original birth certificate on record.”

"So EITHER a NBC or Citizen of US is eligible to become President? Does this mean even if Obama SR was NOT an American citizen, MAO-bama is elgible since his mother was a citizen & he was born in HI? And the latter is another BIG question mark! "

No. The POTUS requirements read:

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States."
http://topics.law.cornell.edu/constitution/articleii

Since there is nobody alive today (or for a very long time) that was a "citizen" at the time of the adoption of this Constitution, then everybody else going forward needs to be a "natural born citizen." The framers put that in there because none of them were "natural born" citizens. They were, citizens of the country after the adoption of the Constitution. Citizens of independent states prior to that going back to the Deceleration of Independence. They grandfathered themselves into the requirement because of the blood, sweet and tears they had just given to gain our Independence. That, and without the grandfather clause, there would not have been an eligible NBC of the United States until at least 1822 (1787 + 35 y.o.), the year the country of the United States of America was born.

"One of the main issue, IMO, is whether the parents are married or not. I don’t know about American law, but in many countries a child born of unmarried parents is more likely to follow the mother’s citizenship."

Right. It's weather or not Sr. is his real father...and weather or not Sr. and SADO were legally married in HI.

However, at this point, we have Barry's word (for whatever it's worth) that Sr. was his father...and we have court documents from the state of Hawaii that state they were legally married.

Barry's Parents Divorce
The 1964 divorce record from the Circuit Court of the First Judicial Circuit State of Hawaii, states that Stanley Ann D. Obama and Barack H. Obama "were lawfully married in Wailuku, Maui, State of Hawaii, on February 2, 1961, by a person duly authorized to perform marriage cerimonies and ever since that date have been and are now husband and wife." http://www.scribd.com/doc/18130289/Obama-1964-Divorce-Papers-13-Pages-Missing-Pg-11

So until it's proven in a court of law, that his parents weren't who he say's they were, or that they weren't legally married...this is what we have at this point. They were legally married in HI.

I hear ya. And 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

It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born).
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!

http://www.jeffersonsrebels.blogspot.com

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 based on the word of 1 relative. That is how a foreign born baby could get a HI BC on record, which in turn generates the "birth announcements" in the newspapers.

I think this is the only way that the USofA will be rid of the Marxist destruction of our Country and the Judges know this.

Don't for a second think that Chief Justice Roberts did not know that 0bama wasn't eligible to be POTUS. He was so nervous he couldn't administer the oath of office correctly at the inauguration.

There won't be any ‘riots’ as Bush told all the Media to give them a reason to put the quash on any of their employees who might be interested in going after the birth story. Why else would the FoxNews entertainers make jokes about birthers being ‘crazy?’

The Alphabet Soup Media will attempt to raise up riots as will the faux-colored people's groups. But it's always the down-towns of cities where many blacks have businesses that get destroyed. Conservatives should advertise who's responsible for the fake in the White House and use it to replace those Democrats and some Republicans in Congress in November.

Well at least he writes like an attorney. I think he is stretching the point on Learned Treatises. Vattel’s work is no more incorporated into our law than AmJurs or Prosser on Torts. Vattel’s work is secondary authority and of persuasive value only.

On the other hand, English common law, or judge made law, at the time of the founding, was incorporated by statute into most, if not all of the state’s common law unless over-ruled by some new holding. That is why law students still study English cases, although the impact has mostly been superceded by American holdings.

That is why frontier lawyers always had Blackstone’s Commentaries in their saddle bag, even if the Americanized annotated versions thereof.

Not having an actual federal “common law” I am not sure what value Vattel has, period outside of framing the founders intent. I think the appeal is going to splat.

FWIW, I found this site, which has a lot of info.

http://www.obamaconspiracy.org/2009/01/the-great-mother-of-all-natural-born-citizen-quotation-pages/

parsy, who is sure the birthers will mis-interpret this ruling. BTW, did you see where Orly has filed to the U N for protection?

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