Posted on 02/24/2010 1:03:52 PM PST by rxsid
"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."
More here:http://www.wnd.com/index.php?fa=PAGE.view&pageId=125985
Attorney Apuzzo also has info on this, on his site:
http://puzo1.blogspot.com/2010/02/court-grants-motion-for-leave-to-file.html
(Excerpt) Read more at wnd.com ...
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 appellants 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. Obamas and Congresss 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."
bump
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.
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, Americas first Black President
GraphicGhana.com For Ghana, Obamas 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. "
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.
Thank you all for your replies....I had no idea this had happened!
COMPARE:
Cheney Declares Obama President To Standing Ovation in Joint House Session + 8 Years Back!
http://www.youtube.com/watch?v=OQrs_5KOIRc
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.
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 Kingdoms 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.
To the contrary, it probably telegraphs that the Court will dismiss the appeal upon receipt of the brief.
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.
You need a new girlfriend.
My suspicion as well. Like I said kind of like letting a pro se defendant latitude
1. Some trees wil die to provide paper for the briefs.
2. Birther hopes will soar.
3. Birther's will denounce as a Troll/Obot/Fool anyone who predicts that nothing will come of it.
4. Birther's hopes will be dashed when nothing comes of it.
5. Birthers will see the failure of this court case to remove Obama from office, not as evidence that they have no case, but as evidence that the CONSPIRACY is even older, larger, and more far reaching than they had feared.
6. Birthers will move on to the next Fake-Kanyan-Birth-Certificate, or Orly lawsuit, or allegation that a perceived blur in a JR High yearbook photo is proof that Obama isn't even a Kenyan, but a Soviet plant, or whatever.
7. 2-6 will repeat endlessly, until the last Birther dies of old age.
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?
Yes, I did read about a difference depending on whether the parents were married. I can’t remember the exact details now, but I think the unwed mother only had to be in the US for the 1 year prior to the birth for the child to be a citizen.
Actually, the boxes were removed by Pelosi
in a conspiracy against the people of the United States
of America. The actual document is in post #23.
You mean the doc in post #23 that says, “I am a natural born citizen of the United States, am at least 35 years of age, and have been a resident within the United States for at least 14 years.”
That one? I think it claims natural born citizen status with or without a check mark box.
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