Posted on 11/28/2010 11:46:15 PM PST by STARWISE
The US Court of Appeals for the Third Circuit of New Jersey affirmed the District Court’s dismissal, based on lack of standing and subject matter jurisdiction, of Kerchner v. Obama, calling the case “frivolous” and issuing a Precedential Opinion.
Not to be taken lightly:
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[W]hen a judge calls an argument “ridiculous” or “frivolous,” it is absolutely the worst thing the judge could say. It means that the person arguing the position has absolutely no idea of what he is doing, and has completely wasted everyone’s time.
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The case relied, belatedly, on the de Vattel theory of natural born citizenship, requiring two citizen parents for presidential eligibility; as opposed to birthplace, reflected in court rulings and historical precedent.
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It doesn’t mean that the case wasn’t well argued, or that judge simply decided for the other side, it means that there was no other side. The argument was absolutely, positively, incompetent. The judge is not telling you that you were “wrong.” The judge is telling you that you are out of your mind.
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Undeterred, Mario Apuzzo filed a Petition for a Writ of Certiorari, the outcome of which is expected to appear on today’s Orders List.
Apuzzo seems confident in a CAAFlog thread:
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I am optimistic that the Court will grant certification. *snip*
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However, Dwight Sullivan maintains that indications are that certification has already been denied:
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That order list doesn’t reflect the results of today’s conference; that list will come out on Monday. But we know cert was denied because the SG waived the United States’ right to respond to the cert petition and the Supremes didn’t call for a response before the conference. That means cert was denied.
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(Excerpt) Read more at ohforgoodnesssake.com ...
.. Ding!
If Apuzzo/Kerchner is denied, is SCOTUS the next step?
This case is going pretty well the way I imagined it would.
In other words, nowhere?
I pray there would be some kind of legal recourse.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
**Found other scheming from the scurrilous, dirty
Dem dogs:
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On October 21, 2010 at 8:23 pm undeadrevolution said:
The whole damn thing behind making birthers run all the way to Kenya and back looking for a birth certificate, as if that meant he was a citizen. It’s all been nothing but a scam so people would:
a) Declare, “YES! If you’re born here, you’re definitely a citizen and can run for president too!”
b) Take up all your time fishing in water that wouldn’t hook onto what they were really doing.
The historical research was fun and it’s been fedex’d. But that’s not what has been going on here. Not by a long shot. You guys have been duped.
Factcheck.org wasn’t behind putting that doc up either. It was given to them after someone else put them up to it. ZAP’s group will be posting that later on today.
These people are so connected it’s not even funny. What they wanted to do was put you on a wild goose-chase so that you wouldn’t bother with the rest of what they were up to – like destroying the country.
And then when they got done convincing the country that birthright citizenship was a reality, that didn’t hurt their cause either.
Adam -
Undead Revolution
*snip*
~ ~ ~ ~
For the rest of you, here’s one mad as hell chick you don’t wanna piss off right now
http://www.twitter/zapem ((dead link))
Some interesting links in that vent-off. I wonder if she’ll take the plunge and link the passworded URL. It’s all tied into The Daily KOS and she’s picking them off starting at the top. LOL!
Better hurry up and catch those before they scroll off her feed. What she’s saying is, you’ve been duped. The birth certificate appearance was planned. The Daily KOS was the first behind it. When you took the bait, the fix to label you as birthers was hooked.
It was only a matter of time before they just made you into nutballs. It was all part of the planned set up. It also gets everyone on the same page not to pay any attention to the founding documents that say just the opposite.
Read the Little Green Footballs article and you’ll see how they complained about certain things missing from the BC. That’s when Factcheck.org jumped in… to fix the flaws and give it credibility. They even captured the raised seal which was noted as missing among other things if you read the comment section.
Obama has been a diary writer there since 2005 when he was a Senator. The link to the Senate blogs where that piece was also stored is a “page not found”, but it’s in her links pointing to The Daily KOS where it originated.
The Daily KOS is associated with Net Roots Nation, among a lot of others. Obama showed up at that, too. So did all the progressives. He set the warning down in his post that their tone was repulsive, so put on a good act and get those votes.
That didn’t stop them with the Twittergate video as we all just saw. They just tried to cover that up with masks. So much for that advice, Obama. They can’t change. It’s in their blood. They suck at being anonymous too.
In order to win, they had to speak more like him….. the Master Manipulator. I’m sure that article was more of a teaching course from the little professor.
On the video with Olbermann, Markos makes a revealing statement. He not only knows about McCain’s predicament with being born in Panama, he comes right out and claims he’s not eligible to run for president. Not only is he well-versed in the subject, he knows what the real McCain’s BC says.
No doubt he was well prepared to pick him off had McCain won. Then he was ready to make the birthers out to be crazies if they scoffed at what he presented to the public. But then he goofs by laughing on the show and stating that McCain is not a natural born citizen. Notice how Olbermann brushes past the subject quick and ends the interview.
That’s because if McCain is ineligible or even ONE candidate is ineligible, the entire election is a fraud. And since Markos is the one to introduce the BC to the public, that makes him suspect #1.
It’s The Daily KOS, guys. They’ve been in this from the beginning. Get to work and expose all that you find there. Oh, and this is all tied in with the Juan Williams firing. He was fired because he works for FOX. The Daily KOS is out to take FOX off the air next, especially Glenn Beck.
First it was the birthers, then it was the Tea Party, now it’s FOX. Oh and they want Justice Roberts impeached somewhere in there, too. It’s all a team effort. Neal Rauhauser knew about the plan.
He’s known to tip us off about these things firsthand. He can’t shut up to save his life. I think he wet his pants scheming up the racist label #whitetrashmedia. By the way, I’m black and I didn’t give him any points.
If you’re going to do something, blog that story first because we have an election in 9 days. If you need the private report, filled with all kinds of goodies, I may be able to get that too. The media knows about it. They call it “too toxic”.
Truth is never too toxic. My guess is they didn’t get an exclusive and some conspiracy nutbags who Michelle trusted stabbed her in the back while she patiently waited on the media and tried to investigate more. She wrote everyone in creation only to watch the great backstabbers blog it against her wishes and parade it around as their own exclusive, including to blogtalk radio, making a total mess out of what the ZAPEM group knows and wrote and the media called them “loose canons looking for credit”.
Our “friends” stabbed liberty in the back for an exclusive of their own when millions could have heard it if they didn’t have such big balls.
But let’s get one thing straight:
No matter how many idiots were encountered in this drama, it will never take away from the truth of what happened in Twittergate, a name which ZAPEM chose, not these poseurs, or what The Daily KOS has involved itself in.
Now you might understand why we are so cautious here. These matters aren’t meant for egos.
- Malgad @ UR
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Ah, what the hell, I have time and she seems to have stopped. You have to read these starting from the bottom. You’ll probably have questions even if you do Twitter, but the starter links are there.
Remember that you have 140 characters to type in this little box on Twitter, so the typos are shortening techniques to them. You also have to be careful how you formulate your sentences so people understand what you’re trying to say. I understand it because I understand what’s going on, but your mileage may vary.
Zapem ZAP EM
@markos and the media sits back and does NOTHING about a FRAUD election b/c you’re ALL in bed w/ each other http://bit.ly/cNxjuK #tcot
Zapem ZAP EM
U screwed yourself w/that 1MarKOS.. YOU planted that BC.. deliberately came up with #birthers TO changed THIS doc http://scr.bi/9yfLoX #tcot
Zapem ZAP EM
It was MarKOS Moulitsas that said McCain wasn’t a “natural born ctiizen” .. Then WTF was this last election for? http://bit.ly/dsoqM0 #tcot
Zapem ZAP EM
Want more proof?. here: Daily Kos Posts Obama ‘Birth Certificate’ – http://bit.ly/9qxebP – All PLANNED, including the #BIRTHER label #tcot
Zapem ZAP EM
@TCOT_Talk When I’m done I’ll give you a book to write and it’ll be the truth, not that conspiracy CRAP that some egos like to write.
Zapem ZAP EM
@RedState Here, u forgot this picture of Chris Bowers with Nancy Pelosi in March, 2010 doing the same damn thing! http://bit.ly/aTpz2g #tcot
Zapem ZAP EM
@RedState re: http://bit.ly/b1Yzp6 -It was Chris Bowers who sat w/Clinton at that meeting. SEO dir. for Daily KOS http://bit.ly/98BCrN #tcot
Zapem ZAP EM
Barack Obama instructed Progressive on the Daily KOS in 2005 how to manipulate the American people in elections! http://bit.ly/bJQHFc #tcot
Zapem ZAP EM
MarKOS Mouiltsas (from @thedailykos) FIRST planted that BC on the web, NOT Factcheck.. then SMEARED u with a #birther label on PURPOSE #tcot
Zapem ZAP EM
Hey #birthers.. wanna know who 1st planted that BC on the internet?.. It’s was MarKOS Moulitsas.. just to be ABLE to call u #birthers #tcot
Zapem ZAP EM
@KLSouth F’ING CRAZY PPL! YES, I’M P*SSED HOW THIS WAS HANDLED. cc: @ArlenWilliam (and don’t tell me to shut up either)
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Reply
On October 24, 2010 at 9:38 pm Erica said:
*snip*
Steve,
With reference to Juan Williams you said “If you’re going to do something, blog that story first because we have an election in 9 days. If you need the private report, filled with all kinds of goodies, I may be able to get that too. The media knows about it. They call it “too toxic”.
If you have access to my email, consider me interested. FYI, my home computer will be down for two days starting late this evening, but I will have my iPad to check mail, etc. in the interim.
~ ~ ~ ~
Reply
On October 25, 2010 at 1:03 am Erica said:
[Excellent job, Erica! You might want to make just two clarifications:
1. Twittergate - The Democrats Hire A Twitter-Thug, which details how the Democrats hired Daily Kos bloggers to paint the tea party movement as racist, homophobic, extremist and every other pejorative you can imagine.
Correction: The Democrats Hire a Twitter-Thug which details how the Democrats hired Neal Rauhauser, a Daily KOS blogger, to paint the tea party ... etc., etc. Neal Rauhauser owns a company co-Founded with Beth Becker named Progressive PST.
2. TeaPartyTracker.org was funded by George Soros and was created for the purpose of proving that tea partiers are extremists.
Correction: TeaPartyTracker.org is a domain registered by Blue State Digital, LLC, the makers who helped create MyBarackObama.com and is funded by ...
I believe Judge Napolitano was the one who first stated that the TeaPartyTracker.org was funded by George Soros, although I didn’t verify that myself. I did verify the Blue State Digital, LLC. information. You may have verified something different and that’s fine.
3. You might want to add that PJTV.com (here’s the link for that - http://www.pjtv.com/?cmd=mpg&mpid=175&load=4259) did a follow up story presented by Dana Loesch, who is the new editor-in-chief of Andrew Breitbart’s Big Journalism website.
http://www.breitbart.tv/live-interview-dana-loesch-big-journalisms-new-editor-in-chief-12-am-et/
That additional url may let people view another source piece for clarification and also let them know about Dana’s new position with Big Journalism.
I also suggested to ZAPEM’s group they should tag that piece with all the Democrat names listed including stuff like “teaparty, teapartytracker.org, teaparty racism, Neal Rauhauser, Beth Becker, Twittergate, Youtube: Democrats Hire Twitter-Thug”. Especially since we have another piece for you on their strategy to dominate SEO marketing.
Thanks and great job! It’s a really cool example of how people should be working together because this is exactly how the left is going to be doing it. I like the extra work you put into it, too. Thank you! - Steve]
I have attempted to explain Zapem’s Twittergate article and video on my blog.
The Daily Kos, Twittergate & Obama’s Birth Certificate Controversy
http://jeffersonsrebels.blogspot.com/2010/10/daily-kos-twittergate-obamas-birth.html
http://undeadrevolution.wordpress.com/2009/09/06/the-meaning-of-natural-born-citizen/#comments
Which would just show that millions of USA citizens have been shut off from answers by servants of the people. The issues raised cannot in a truely democratic social debate be dismissed as without societal standing. Granted there are also many who do not want the issue debated the argument that we have a democratic functioning republic will have taken a negative hit. I believe there were warnings by the Founding Fathers about the possibility of such situations.
how do we know if it isn’t YOUR post that is the “dupe”?
Its now an international job, open to all comers if their Mother was smart enough to give birth in America and create an anchor baby. Neither parent need be a citizen, the constitution be damned.
Looks like it.....Just in time for the new congress and Speaker of the House.
ping
WHEN will people figure out that SCOTUS is part of the fraud?
The fact that the court in effect calls Apuzzo “out of his mind” is another red flag. The judge doth protest too much. There is no way that a person is “out of their mind” for making this case.
I wonder when this court’s claim was made in relation to the poll that came out saying that 60% of the American public doesn’t necessarily believe the lie we’ve been fed about Obama’s origins. What judge in his right mind would say that 60% of the public is insane?
Sullivan would have “justified” the entire Holocaust. He may be accurately predicting what will happen in this banana republic/Obama coup/Fourth Reich mentality, but even I could predict that. Just figure out the opposite of justice and that is what any lawless coup will do. Like clockwork.
Haven’t you heard, everyone is in on the conspiracy: every sitting member of Congress, SCOTUS, the judges involved in the 72 failed cases (still counting), the former Vice President, the Electoral College, both political parties, and all 50 states. This has to be the biggest fraud ever committed.
Oh I don't know about that....
of course it is being dismissed...if they allow it the majority of our government will end up in jail...IT WILL NEVER HAPPEN.
We have witnessed an internal coup d’tat over the past few decades...slowly but surely they have overthrown our Republic. It is gone.
10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to
file a brief as amicus curiae is granted. The petition for a
writ of certiorari is denied.
http://www.supremecourt.gov/orders/courtorders/112910zor.pdf
“This has to be the biggest fraud ever committed”
I wouldn’t call it fraud or conspiracy. I would call in cowardice or partisanship. Why doen’t Mr. Obama just produce a vault copy of his BC. The other issue, regarding his father, well that needs to be addressed by the SCOTUS in an affirmative manner...not by silence. IF it is their opinion that Mr. Obama is constitutionally qualified they should say so. The precident is fully set then. If not, they should say that as well. Dodging the issue is just wrong.
Or perhaps the birther argument is completely without merit. SCOTUS just denied Certiorari
“SCOTUS just denied Certiorari”
Same ole, same ole. I stopped following these, except for today, because it was apparent to me the SCOTUS was either: (1) Of the opinion it had no merit
(2) Afraid to deal with it for some reason
I WOULD still like to see the original of Mr. Obama’s BC. I think he was born in Hawaii, but he is hiding something, and it makes me curious what.
On the NBC status. I believe the original intent of the COTUS should be followed. I “think” original intent would preclude Mr. Obama from being considered a NBC because of his father. However, that is for the SCOTUS to decide....which apparently they have by not acting.
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