Posted on 01/22/2009 1:22:47 PM PST by dascallie
"Activism, Eligibility, Kerchner v. Obama, POTUS » Kerchner v. Obama: Complaint, Petition Filed in NJ Federal District Court Thu, Jan 22, 2009
Mario Apuzzo, a New Jersey attorney, filed a case early Tuesday morning, a Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto:
On early Tuesday morning, January 20, 2009, at about 3:00 a.m., I filed a Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto on behalf of my clients, Mr. Kerchner, Mr. Patterson, Mr. LeNormand, and Mr. Nelsen, against defendants, Barack Hussein Obama II, United States of America, United States Congress, United States Senate, United States House of Representatives, Richard B. Cheney, and Nancy Pelosi. I filed the complaint in the Federal District Court of New Jersey and is now pending in Camden. It bears Civil Action No. 1:09-cv-00253. The complaint seeks to learn the truth about whether Obama is an Article II “natural born Citizen” and eligible to be President and Commander in Chief. On January 21, 2009, I filed an Amended Complaint for Emergency Injunction, Declaratory Relief, Mandamus, and Petition for Quo Warranto. The Complaint and the Amended Complaint can be accessed and viewed at the District Court of New Jersey and Pacer web site. I will also be uploading a copy of the documents at this blog site as soon as possible so that they may be more easily viewed.
The defendants have not yet been served. I am now in the process of requesting that the Court issue to me the summonses so that I can then serve as soon as possible the Summons and Amended Complaint on the defendants.
As you know, the courts have refused to reach the underlying merits of the many lawsuits that have been filed on the question of whether Mr. Obama is an Article II “natural born Citizen” and eligible to be President and Commander in Chief. My clients and I hope that we will get a court to reach the underlying merits of this question so that the American people will be assured that Mr. Obama is their legitimate President and not an usurper. I will appreciate whatever comments anyone has on the merits of this lawsuit.
Mario Apuzzo, Esq."
Philip Berg named NObama, the DNC, and the Federal Election Committee FEC in the first lawsuit filed in August 2008.
How do they serve Obama? Knock on the front door of the White House? I’d love to see that.
These judges are supposed to be smart men...surely somebody in this country has ‘standing’ to verify eligibility requirements spelled out in the constitution...if nobody had standing, it would have been pointless to put the requirements in.
During the next presidential election, I am calling on illegal immigrants and high school students to run...who can stop ‘em.
I agree. The constitution is just so much frivolous stuff now days. He usurped fair and square.
If he’s qualified then he didn’t “usurp” and the Constitution has been observed.
(3.127)
Now THERE is the correct answer. If I were a criminal defense lawyer for someone charged with a crime committed under some law signed by Obama, the first defense that I would bring up is that there is no crime, since there was no law, since the bill in question was not signed by the President of the United States (who is Joseph Biden).
Why is that a problem? You simply request that the court subpoena records that would be dispositive of the key issue in the case. It is done all the time - does anyone think that this is the only time in history that one party to a lawsuit has tried to hide documentary evidence from the other side and/or the court?
I don’t get this. I expect to like very few of the things Obama will do as President, but Joe Biden would most likely be even worse. It’s like Nixon and Agnew—as long as Agnew was VP, even the most fanatic Nixon-haters shied away from the idea of trying to force Nixon out, if it would make Spiro the President.
Sure, but there is some minimal evidence you have to have (I’m not a lawyer) for the case to have merit. All I’ve seen on these threads is evidence that he hasn’t proven he’s qualified. Nothing that shows (IMO) that he isn’t.
I’d like to see Zobama sued by one of the WH staff for freezing their pay. Get this started right away.
If he was qualified, he would be able to show us. He cannot.
“Correct me if I am wrong, but I believe this is actually the first suit to name Obama as a defendant. All the others have been against various State officials or electors challenging their actions.”
I am afraid you are wrong. Obama was a defeddant in Berg vs. Obama; Civil Action No. 08-cv-4083; This case was filed in Federal court in PA.
WW-II declarations were about as straight up with the Constitution as you can get.
Roosevelt asked "that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, Dec. 7, a state of war has existed between the United States and the Japanese empire."
And they did, saying.
Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared;
You can listen to Roosevelt's speech here
Similar declarations of war against Germany and Italy were passed, when they declared war on the US, in support of their ally, Japan
“I would like to SUE for lots of dollars (would be will to take some of the bail out money if need be) the Federal Government for the mental anguish Pres. Obama is causing me for his failure to provide proof of his citizenship.”
Go for it. You may even get hundreds if not thousands to join you in a Class Action for mental anguish.
Actually it wasn't.
From the Supreme Court, (ORDER LIST: 555 U.S.), dated WEDNESDAY, JANUARY 21, 2009:
ORDERS IN PENDING CASES
...
BERG, PHILIP J. V. OBAMA, BARACK, ET AL. (08-570)
The application for stay addressed to Justice Scalia and referred to the Court is denied.
If they deny cert, they put them on the orders in a list entitled: CERTIORARI DENIED
Since this one was listed under "ORDERS IN PENDING CASES", it's still pending.
Obama having dual citizenship at birth doesn’t mean he isn’t a natural born citizen, I’m a natural born citizen who was also born with Irish citizenship (and I could get British if I wanted to fill out the paperwork), I’ve never been to either country and it hasn’t ever changed my U.S. citizenship status. You have to renounce your U.S. citizenship in order to lose it if you were born in the U.S.
So FReaking what? A President is not crowned, he takes office on January 20th at noon, after being duly elected. Taking the oath is a requirement, that must be accomplished *before* he can exercise the powers of that office, just as being a Natural born citizen, being 35 or over, and having resided in the US for 14 years are requirements. Taking that oath doesn't unbind him from the Constitutional requirements for holding his office. What if it was found that he was only 30 years old? Or had lived in the US for only 10 years? I'm not saying those things are true, but they would invalidate his election if proved in a court. The House couldn't impeach him because He would not be, or have ever been, President, since he did not meet the Constitutional requirements to hold that office.
Presidents can be affected by Courts while in office, President Clinton was compelled to testify in court, just like any other person may be, and he was later fined $25,000, and disbarred in Arkansas, all while still in office. (Although the initial disbarment, pursuant to a "plea bargin" came the day before he left office. The original disbarrment action had been brought by a committe of the Arkansas Supreme Court. Later, in October of 2001, he was disbarred by the US Supreme Court, probably based on the disbarment in Arkansas)
If he was that is.
If he wasn't their would be no case that despite his being born of a foreign father, he'd somehow still be Natural Born Citizen, because he wouldn't have been a citizen at all when he was born. Might still not be, unless he was naturalized along the way somewhere. But if he was, then that is disqualifier, too.
If he was that is.
If he wasn't their would be no case that despite his being born of a foreign father, he'd somehow still be Natural Born Citizen, because he wouldn't have been a citizen at all when he was born. Might still not be, unless he was naturalized along the way somewhere. But if he was, then that is disqualifier, too.
Wrong-- here's the full docket:
No. 08-570
Title: Philip J. Berg, Petitioner v. Barack Obama, et al.
Docketed: October 31, 2008
Lower Ct: United States Court of Appeals for the Third Circuit
Case Nos.: (08-4340)
Rule 11
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008 Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008)
Oct 31 2008 Application (08A391) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008 Application (08A391) denied by Justice Souter.
Nov 18 2008 Waiver of right of respondents Federal Election Commission, et al. to respond filed.
Dec 1 2008 Motion for leave to file amicus brief filed by Bill Anderson.
Dec 8 2008 Application (08A505) for an injunction pending the disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Dec 9 2008 Application (08A505) denied by Justice Souter.
Dec 15 2008 Application (08A505) refiled and submitted to Justice Kennedy.
Dec 17 2008 DISTRIBUTED for Conference of January 9, 2009.
Dec 17 2008 Application (08A505) denied by Justice Kennedy.
Dec 18 2008 Application (08A505) refiled and submitted to Justice Scalia.
Dec 23 2008 Application (08A505) referred to the Court.
Dec 23 2008 DISTRIBUTED for Conference of January 16, 2009.
Jan 12 2009 Motion for leave to file amicus brief filed by Bill Anderson GRANTED.
Jan 12 2009 Petition DENIED.
Jan 21 2009 Application (08A505) denied by the Court.
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