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

WND ^ | February 23, 2010 | Bob Unruh

[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

[parsifal]

Well, with the birthers reading my posts, I didn’t want to come right out and say “slam dunk near certainty”. Some of them are real touchy right now and you say the least little thing and they just go ballistic! Start typing in all caps, and colored writing, and big letters. I think it is the equivalent of a primal scream thing.

parsy, who tries to hold back a little bit

[rxsid]

Well, of course, your going to believe what your going to believe. And vice-versa.

[greeneyes]

Well I think we are actually in agreement. I agree that many Americans do not really pay much attention. And were not really aware.

However, I knew it, and enough people made an issue that his campaign posted the COLB, so this gives cover for Obama supporters to say the knowledge was available. It also gives the court cover to dodge the issue the same way.

Personally, I think the entire TV media (FOX too) does a very poor job providing relevant information to their audience. Yet, the information is available if a person is inclined to seek it out.

[rxsid]

Indeed.

[El Gato]

. All the appelate court has allowed is an over long brief to be filed. That says NOTHING about how they will rule or what aguments they will find useful

That's what trials, briefs and oral arguments are for. Nothing is preordained. But at least those briefs will be read, the arguments heard, and a judgment rendered.

[Candor7]

He was supposed to read it out loud and then call for any objections , why didn’t he do it?

[Candor7]

Watch the entire video and compare the two motion presentations:

http://www.youtube.com/watch?v=OQrs_5KOIRc

[rxsid]

"Whoa, Yorick!!! Do we really want Biden’s aneurism or Pelosi’s botox running the White House?"

If Barry were found to be a usurper, Pelosi would undoutably has issues of her own. Namely, she stated on official DNC election records, that Barry was a "Natural Born Citizen." And, since this would be uncharted territory (i.e. an "acting" POTUS determined to be unqualified from the beginning), would Biden's selection (by someone unqualified) as VP be called into question?

At the very least, we would know that the Commander in Chief is Constitutionally qualified.

[sometime lurker]

We know that he went by Barry Soetero in Indonesia and we know that the government did not allow duel citizenship, forcing his mother to give up her citizenship along with little Barry’s...

What does an adoption do for/to the “natural born” citizenship?

Many good questions, but these two points have been clarified on these threads many times. The U.S. State Department is very clear on a few points:

A parent can not give up citizenship for a minor.

In order for a minor to give up citizenship, the consular official must be convinced the minor fully understands the consequences and implications of the renunciation.

Marriage to or adoption by a foreign national does not affect US citizenship.

Indonesian law as to dual citizenship does not affect US law. Unless the US citizen formally renounces US citizenship in front of a consular official, or commits treason, or a very few other circumstances, the person remains a US citizen.

You can see all this here.

[Kenny Bunk]

If it turns out that Barry was indeed born in Hawaii, which is entirely possible, of course, there is nothing his mother could have done to have his citizenship removed or altered. Even if he became an Indonesian citizen as a minor, and then returned, he would still have a claim to US Citizenship. Just the way it is. Even if he neglected to take certain legal steps, etc. etc., the citizenship would be his.

Barry has spent a mint of Soros'money, and tax payer money on legal fees, but bottom line, the actions were brought in all the wrong courts by all the wrong lawyers on behalf of all the wrong defendants.

Legally speaking, the Orly Taitz escapades, etc. never had a shot. Now, thanks to Judge Carter instructing everyone on the proper jurisdiction for these cases, i.e., The Federal District Court in DC, and the work of Apuzzo and Donofrio, we are finally getting somewwhere on the most easily proven aspects of the case against Obama's eligibility.

Remember, Obama has NEVER claimed to be a Natural Born Citizen. All he claims is Native Born Citizenship. What ALL of this is about is his attempt to confuse the two for as long as possible. I think he'll succeed until 2012.

It has worked very well for him. The varuious fraudulent escapades, i.e., collecting funds for being a "foreign student" while possibly true just mean he is a fraudulent citizen!

No matter what, the only way he can be removed from office is by Impeachment and Conviction. He is, IMHO, POTUS de facto, even if not de jure.

[SeaHawkFan]

You need to read Dr. Laura's "10 Stupid Things Men do to Mess Up Their Lives.

[tutstar]

I loved this from the article....LOL

On Apuzzo’s website, a forum page participant said, “It will be interesting to see how Mr. Obama’s legal team stretches, ‘We have nada!’ into 14,000 words.”

[SeaHawkFan]

No one said anything about dumping your friends over political differences. It’s just not wise to be dating someone with whom you have such a different outlook on life.

[ODDITHER]

You forgot two aspects of this.
1. You failed to talk about adoption, once the birth certificate is sealed, it is as if it had not existed. What happens then, how could he prove he was natural born?

2. What about the fraud, if he used his “foreign student” status, how could he be a natural born citizen and a foreign student?

[Kenny Bunk]

I truly believe the only way to insure this does not happen again, is for the states to address it in their election rules. The secretary of state for each state should certify the eligibility of candidates.
The legislatures of each state should specify by statute what the necessary documentation is, and what their interpretation of the term natural born means. Court challenges to the state laws might wind up in the Supreme Court, but at least the issue would have been determined.
Another way would be to amend the constitution to define the term, and have the states ratify. Passing a statute is not sufficient. Congress has the power to specify naturalization laws, but not to determine what is constitutional.
I find the legal issue to be interesting, and so I like to follow whats happening, but the main goal we all need is to make sure conservatives replace liberals and socialists in 2010.

Rational approach. Actually, I believe that if just 3 or 4 states got with the program, that would be enough. Right now, the issue is a waste of our time in many ways.

Our problem is not Obama, but the total absence of leadership and planning for the Republican takeover, which is rapidly degenerating into a "business as usual" RINO deal. Be a damn shame if all the Tea Party did was make a seat safe for a bozo like McCain.

Let's put aside the minutia and concentrate on the main event. Saving the country, hobbling Obama in his last 2 years, and picking a great candidate for 2012.

[Canadian Outrage]

I am sure you are quite happy that this is such a struggle. You obviously come from Maine, so you must be a pure bred liberal. Anyway, your country is screwed under THIS administration of commie b@stards. Hope you like the outcome. CO

[Kenny Bunk]

...once the birth certificate is sealed, it is as if it had not existed. What happens then, how could he prove he was natural born?

Not exactly so. All amendments are recorded. The State of Hawaii said he is a "Natural Born Citizen." Now, they are required by Hawaii's Uniform Information Practices Act to show ALL documentation that led them to make that statement.

What about the fraud, if he used his “foreign student” status, how could he be a natural born citizen and a foreign student?

Any sort of citizen ... or non-citizen ... can commit fraud. This is neither here nor there.

[greeneyes]

Yes I agree 3 or 4 states are enough, but the more states that do it, the less their actions can be marginalized and dismissed as “bowing to the radical right”.

The conservative members of the Republican Party need to get on the primary ballot for the precinct captain. It only takes 10 signatures in my state to run. Many states still have one half to one third of the slots open, and you could run unopposed. This is an effective way to take back the Republican Party.

Only ELECTED precinct captains can vote for party leadership. They also get to have input on the party platform.

Since many Americans do not pay much attention to politics, the precinct often votes for the candidate endorsed by the precinct captain. It only takes about 3 hours per month to do the job.

The T parties need to keep up their activities outside the party, and everyone keep calling their Congresscritters, and thank them for their support or chastise them for not acting in the interests of their constituents.

Democrats attending the T parties need to do the same. Take the control out of the hands of the Big State Liberals. If you agree, help spread the word. JMHO

[Kenny Bunk]

I am not happy about it, just realistic.

No matter what happens in what court, we are more than likely stuck with e Son of a Foreigner until 2012, IMHO. Under our Constitution, only Congress can remove a sitting President, even this phony. If this comes to a head in late 2011, if even by then, Congress would not Impeach, never mind Convict.

we have bigger fish to fry. What,o what, is the Republican Master Plan for getting the country back on track after they sweep in next year?

We ain't got a plan, Stan, for when Obama slips out the back, Jack..

[Kenny Bunk]

Obama himself has never claimed to be a Natural Born Citizen, as required by Article II.
Not true. He signed a document stating so to get on the AZ ballot.

Now that, that is strange. On fightthesmears.com, all he claims to be is a native born citizen.

Did he sign, or did the DNC representatives sign?