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Kerchner v Obama- All Is Not Lost
http://giveusliberty1776.blogspot.com/2010/07/kerchner-v-obama-all-is-not-lost.html ^ | July 5, 2010 | Steve

Posted on 07/05/2010 10:32:33 PM PDT by jdirt

Mario Apuzzo from the beginning said this case is going all the way to the Supreme Court. As news of the Third Circuit Court of Appeals wears off, take heart in the knowledge, plaintiffs were not expecting a positive ruling. It wasn't too long ago the New Haven firefighters case was overturned after an appeals court voted 2 -1 against.

I woke up this morning with the nine justices names running through my mind, must have been the bbq sausage. BTW how was your 4th?

What is good and at the same time lamentable, is the out of hand dismissal of the Kerchner case. Mario Apuzzo has on his website, "A Place To Ask Questions" articles and essays discussing the pertinent facts of his case. On June 30, Apuzzo updated us with the news his case was in the hands of the 3rd Appeals Court in Philadelphia. Hardly had the ether dried on the pixels of his article, before news 2 days later, of the out right rejection of his appeal. What is good, is it only took 48 hours to get a decision, only two days were wasted, before the case can move up the ladder to the Supreme Court.

What was bad, besides the whole process of mucking around with this Usurper business, is the clownish Catch-22 the appeals court gave as their justification to dismiss. In essence they said we dismissed the Berg case for lack of standing, and this is just another identical case of "no standing". But if you read the ruling against Berg, you'll see the reason for dismissing his case was not related to the Kerchner case as stated Friday.

The Berg case was thrown out for lack of standing because the ruling stated "any person has a right to run for president, irregardless of their eligibility status, the test of eligibility cannot be applied unless and until that person actually wins the election and takes the oath. Therefore Berg was dismissed because he filed in October 2008, a month before the election. The appeals court wanted to ensure every jackalope and freak in the country weren't impinged upon in their efforts to be the prez.

Mario Appuzzo took that timing issue into account, he didn't file his case until January 20, 2009. His time stamp on his electronic filing indicates it was filed as Obama was actually taking the oath of office. Hmmm no standing as in Berg v Obama? It sure doesn't ring true. Not as written by the 3rd circuit appeal when you hold up both cases side by side.

A cute Catch-22 the 3rd circuit dreamed up. You can't be heard before someone is elected, but on the other hand once that person gets elected now you can't be heard because now the prior case's dismissal precludes it. Sounds like a case of judical PMS, one bitchy irrational thought, justified by another equally bitchy irrational thought.

We've got November and we've still got a future ruling from the Supreme Court due us. We also must press our state governments to pass eligibility legislation enforceable prior to the 2012 election. If these fail us then we must take up arms. In the mean time, if we see no meaningful representation after the November 2010 election, we must take to the streets. The time is waning for maintaining a peaceful posture in our protests and assemblies. We need to escalate the costs to the forces behind the usurpation of our government. Rioting and destroying property in Smallville, USA will only hurt the local people, most likely people who agree with us. But there are the 50 State Capitals and Washington DC itself. If we have no just government what do we need these buildings to house these scoundrels for, to mock us?

I've mentioned a couple of our hopes in this endeavor to wrest America from the hands of the Usurper, now I'll close by listing our greatest strength. We've got God.


TOPICS: Government; Politics
KEYWORDS: certifigate; naturalborncitizen; obamaeligibility
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To: rxsid

The question (or statement) isn’t weather or not the majority of the “feds” in the three branches have trampled upon our Constitution...the question is, what do “we” (who care about the Constitution) do about it?

Do we vote in a new round of politicians and hope that they uphold the Constitution? Do we demand that they right these wrongs? If so, does that include demanding that they expose Barry for the usurper he is? Or, do we allow him to go down in history as successfully usurping an entire 4 year term?

IMO, the issue must be pressed until it’s no longer ignored, or catch-22’d away.


A good place to start would be to find a plaintiff who has legal standing to sue if you’re going to use the civil lawsuit route or find a prosecuting attorney with subpoena power who wants to go down in history as the first to remove a sitting president if you want to go the grand jury/criminal investigation route.


21 posted on 07/06/2010 12:34:58 PM PDT by jamese777
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To: EternalVigilance

Nice!


22 posted on 07/06/2010 12:37:25 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: jamese777

Judge Carter is a Democrat and O’s boy. He is corrupt with the rest of them. Ditto McChrystal.


23 posted on 07/06/2010 1:28:27 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: Frantzie

Judge Carter is a Democrat and O’s boy. He is corrupt with the rest of them. Ditto McChrystal.


If you don’t like Judge Carter that’s fine. There are about sixty-nine other federal and state judges and appeallate court Justices to choose from who have rejected and/or dismissed Obama eligibility lawsuits.

Let’s get started with two conservatives:
Here’s what a Ronald Reagan appointed conservative federal judge had to say about a birther lawsuit:
“This is one of several such suits filed by Ms. Taitz in her quixotic attempt to prove that President Obama is not a natural born citizen as required by Constitution. See U.S. CONST. art. II, § 1. This Court is not willing to go tilting at windmills with her.”—Chief US District Court Judge Royce C. Lamberth in dismissing the Quo Warranto claim in “Taitz v Obama”—April 14, 2010

And here’s what US District Court Judge Clay Land, a former conservative Republican State legislator from Columbus, Georgia who was recommended for a federal judgeship by Senator Saxby Chambliss and who was appointed to the federal bench by George W. Bush had to say: “The Court observes that the President defeated seven opponents in a grueling campaign for his party’s nomination that lasted more than eighteen months and cost those opponents well over $300 million. See Federal Election Commission, Presidential Pre-Nomination Campaign Disbursements Dec. 31, 2008, http://www.fec.gov/press/press2009/
20090608Pres/3_2008PresPrimaryCmpgnDis.pdf.
Then the President faced a formidable opponent in the general election who received $84 million to conduct his general election campaign against the President. Press Release, Federal Election Commission, 2008 Presidential
Campaign Financial Activity Summarized (June 8, 2009), available at http://www.fec.gov/press/press2009/20090608PresStat.shtml. It would appear that ample opportunity existed for discovery of evidence that would support any contention that the President was not eligible for the office he sought.
Furthermore, Congress is apparently satisfied that the President is qualified to serve. Congress has not instituted impeachment proceedings, and in fact, the House of Representatives in a broad bipartisan manner has rejected the suggestion that the President is not eligible for office.
See H.R. Res. 593, 111th Cong. (2009) (commemorating, by vote of 378-0, the 50th anniversary of Hawaii’s statehood and stating, “the 44th President of the United States, Barack Obama, was born in Hawaii on August
4, 1961”).”
http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.77605.13.0.pdf

Judge Land called “birther lawsuits” “frivolous” and he imposed a $20,000 fine on Orly Taitz for violations of Rule 11 of the Federal Rules of Civil Procedure.


24 posted on 07/06/2010 4:18:57 PM PDT by jamese777
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To: jamese777

Judge Land is also another stooge as are the others. The judiciary is corrupt. Go back to your TV clicker.


25 posted on 07/06/2010 5:30:09 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: rxsid
IMO, the issue must be pressed until it's no longer ignored, or catch-22'd away.

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

Yes. Anyone advocating giving up is helping the evil leftists succeed.

26 posted on 07/06/2010 7:06:59 PM PDT by little jeremiah
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To: little jeremiah; rxsid; LucyT; Frantzie; hoosiermama; Candor7
IMO, the issue must be pressed until it's no longer ignored, or catch-22'd away.

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

Yes. Anyone advocating giving up is helping the evil leftists succeed.

Dear friends,

We are within sight of the Emerald City. Take heart! Do not fall asleep in the fields of poppies which bar the way!


27 posted on 07/06/2010 7:17:25 PM PDT by thecodont
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To: thecodont

Is that Chicago in the background? ;-)


28 posted on 07/06/2010 7:32:56 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: thecodont

Yes!


29 posted on 07/06/2010 7:45:52 PM PDT by little jeremiah
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To: jamese777
As I’m sure that you are aware, the Supreme Court only hears appeals.

Iirc, the court has primary jurisdiction in some cases. Matters between states and the Federal Government, for instance.

30 posted on 07/06/2010 7:49:01 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: thecodont

Liars and tyrants and bares ...Oh my


31 posted on 07/06/2010 7:50:53 PM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: jamese777
It has original jurisdiction over cases involving two or more states, a state and the federal government, foreign ambassadors and other diplomats, and a state and a citizen of a different state.link
32 posted on 07/06/2010 7:55:45 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: thecodont

Only problem is the Emerald City was a fakery, right? (Never saw the movie...)

But other than that the analogy is apt.


33 posted on 07/06/2010 8:11:44 PM PDT by little jeremiah
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To: little jeremiah

Yeah, I thought about that after I posted. I’m thinking of a “real” Emerald City, not a fake one.

(In Baum’s book, everything looked “emerald” because everyone wore green glasses, yes, even the horses!)


34 posted on 07/06/2010 8:15:06 PM PDT by thecodont
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To: jdirt
BOzo always was a dolt, lives an illegal dolt life as president, thinks dolt thoughts daily and will always be a dolt.
35 posted on 07/06/2010 8:15:46 PM PDT by jetson
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To: thecodont

Ah, that rings a bell. I didn’t read the books either, although my kids did.


36 posted on 07/06/2010 8:25:22 PM PDT by little jeremiah
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To: thecodont; Polarik; Frantzie; little jeremiah; Smokin' Joe; hoosiermama; jetson; Beckwith; ...
I don't give a sweet eff what your or anyone's personal opinion is about the issue, as long as THE PEOPLE continue to drain Obama and his minions of resources with the hundreds of law suits and election complaints being filed on the issue;which is what Obama tried to do with Palin in Alaska on ethics complaints but she dodged that bullet, Obama will not. So Why have a truculent approach to a junta which is nationalist socialist? They are sworn enemies of liberty for ALL Americas,to be given no quarter...NONE!

Soon it will be apparent that the cap is off the bottle, despite all the propaganda contrariwise from Obama Campaign Inc., and his servile ,masked, supporters here on FR.

For example much of it is being filed by Democrats! Glory BE!:

Photobucket

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Helen Tanseys Complaint

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TOTO WINS!

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37 posted on 07/06/2010 8:40:39 PM PDT by Candor7 (Obama .......yes.......is fascist... ...He meets every diagnostic of history)
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To: Candor7

Good luck on that. The probability that Baker will act on that is 0%. Maybe in January when we get a new AG.


38 posted on 07/06/2010 8:44:45 PM PDT by Hoodat (.For the weapons of our warfare are mighty in God for pulling down strongholds.)
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To: Candor7; Polarik; Frantzie; little jeremiah; Smokin' Joe; hoosiermama; jetson; Beckwith; BP2; ...
For example much of it is being filed by Democrats! Glory BE!:

You'd think that some people with a "D" after their name would be plenty P.O.'d that they'd been CHEATED -- yes

CHEATED

-- out of voting for a Constitutionally eligible President.

Well, everyone has been cheated.

39 posted on 07/06/2010 8:54:19 PM PDT by thecodont
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To: Candor7
The cases have been brought forth, some long before Mr Soetoro was the nominee. At every turn, the cases have been refused on matters of 'standing', inability to show damage, etc. With our economy in shambles, people losing jobs in the Gulf and elsewhere by Obamoid edict, there should be a class action suit, there should be that many with 'standing'. This issue has been a seminal issue since before the votes were counted, and will remain so. The very foundations of our government are at stake, and those who willfully obstruct the pursuit of answers in this matter, through misfeasance, are accessories to any crime proven, including treason.

Despite attempts to decry the issue and those of us who have carried it forward, it persists, it has not been laid to rest only shoved aside.

That has its detrimental effects, the beginnings for many not so inclined to reasonably doubt the validity of the administration and further scrutinize the actions thereof--actions sufficiently damning in themselves.

This is not a partisan issue, it is an American issue which transcends the relatively petty disagreements of partisan politics and divides instead those who love this country and revere its Constitution from those who loot it with traitorous intent in the quest for lucre and power.

May God help preserve the Republic, and may we be worthy to keep it.

40 posted on 07/06/2010 9:08:44 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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