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."
I don't believe those were all dismissed on ground of "Standing" or other legal technicalities. Some were heard and argued on the merits, at least at the Circuit court level. and it was determined that Johnson and Nixon *did* have that power as Commander-in-Chief when supported by Congressional Appropriations and the Gulf of Tonkin Resolution which authorized the use of military forces. See Orlando vs. Laird
President Clinton was subpoenaed in the Paula Jones case. He then perjured himself, for which he was later disbarred by the Arkansas Supreme Court and fined $25,000. Both the testimony and the punishment occurred while he was still in office.
The Secret Service's job is to protect the President's person, not shield him from the law.
Hmm, maybe a Secret Service agent should be added to one of these cases.
We need a court to subpoena Obama’s original birth certificate. I believe this document will prove him ineligible to serve as President.
An Obama birthplace memorial in Kenya?
I will not be silent until I see proof that Obama is natural born. And, NO, I do not buy that BS COLB. I want a thorough investigation. In no way when I processed TSN security clearances coud Obama obtain a TSN clearance. Call me a racist. I do not care. We are dealing with the future of this nation. Surely this man can explain where he was born and his associations.
You could pre-announce the issue to the Secret Service before serving Obama. How did Paula Jones serve it to Billy Clinton? The template.
You are most certainly a citizen, but the courts have never really defined "natural born citizen", except in dicta, which doesn't really count. It may mean "citizen at birth", but there is much evidence to indicate that it means a bit more than that. Of course the only time it matters is if the person wants to become President, otherwise, natural born or not, citizens all have the same rights, powers, and priveleges. Although there are some requirements for office based on being a citizen for some number of years. For example a Senator must have been a citizen for at least 9 years, but since they also have to be 30 years old, that's not a problem for any but recently naturalized folks.
I said "means", but what counts is what it meant in 1787 when the Constitution was written.
Then why is it listed under pending cases? What was was denied on Jan 12th was a petion for a writ of certiorari *before judgment*.
While on the 21st a stay was denied as I posted above.
Besides jamese777 said "It was denied a Writ of Certiorari once again at the Supreme Court just yesterday."
Not just anytime, but yesterday. It was denied a writ of ceriorari on the 12th, but only as procedural matter.
Then why is it listed under pending cases? What was was denied on Jan 12th was a petion for a writ of certiorari *before judgment*.
While on the 21st a stay was denied as I posted above.
Besides jamese777 said "It was denied a Writ of Certiorari once again at the Supreme Court just yesterday."
Not just anytime, but yesterday. It was denied a writ of ceriorari on the 12th, but only as procedural matter.
Berg filed only one Petition for Certiorari, and it was denied (you're correct that it wasn't denied yesterday). It was called a "Petition for Certiorari Before Judgment" because the 3d Circuit hasn't ruled on his appeal yet.
No criminal or civil action can touch a president? Paula Jones took Clinton to court where Bubba committed perjury.
And Berg's case below is still alive:
Jan 12, 2009
"08-570
BERG, PHILIP J. V. OBAMA, BARACK, ET AL.
The motion of Bill Anderson for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari before judgment is denied."
Berg filed again 2 days ago in the 3rd circuit. It's going back up the court food chain.
The Supremes must be playing drinking games with these things by now. You know, every time a suit mentions the word "birth certificate" or quotes Vittel, they take a shot of something. I suspect that absent a drinking game, the tedium of having to dismiss virtually the same lawsuit over and over and over again would drive them insane.
My parents were just in Honolulu, and they reported to me that the state is already working on one.
This may have been brought up before, but ...
When my son was five years old, my husband of three years adopted him. This adoption caused the birth certificate to be changed — changed to show my husband as the birth father! The original birth certificate is no longer - it’s as though it were destroyed. Even though I didn’t know my husband when my son was born, the adoption shows as though I did and he is named the father. If Lolo Soetoro adopted Barack, his name was probably changed to Barack Soetoro - and that is what is on the birth certificate - not Barack Obama. And he would have become an Indonesian citizen as well.
Paula Jones filed suit for acts committed before Clinton was President. Clinton had one article of impeachment related to statements made to the Jones Grand Jury while he was President.
You are correct that Berg v Obama was denied a stay on Wednesday but it was already twice denied a Writ of Certiorari under Justices Souter and Kennedy.
If Obama committed an actionable act, that act began at noon on January 20th when he assumed the Presidency. Therefore impeachment is the remedy. The Constitution is mute on running for President and not being a natural born citizen. The Constitution says that the President must be a natural born citizen.
However the only legal action that could effect Clinton’s PRESIDENCY was impeachment. One article of impeachment was related to allegedly perjurious statements made in the Paula Jones case. Clinton was found not guilty on that article. The other article was related to obstruction of justice in the investigation of the Monica Lewinsky affair, again found not guilty.
I think we are talking about removing Obama from the office of President for not being a natural born citizen. He assumed that office at noon on Tuesday therefore impeachment is the only remedy if he is found to be ineligibile.
If a district attorney or a state Attorney General charges Obama with fraud or forgery related to his short form Certification of Live Birth then his original vault copy, long form Certification of Live Birth could be subpoenaed and compared to the copy that is on Obama’s Fight the Smears website.
If the document that he has used to qualify as natural born is proven in a court of law to be forged or fraudulent then impeachment charges for high crimes and misdeameanors could be initiated against him.
Anything he is doing now is null and void, we just no longer have a legal system to hold him accountable. Heck, with the fraudulent passage of the 17th amendment, we have not had a legally sitting Senate for many years and those laws should all be null and void also. It does not much matter anymore what the words say. You can make them say anything you want with the right appointees to the court.
When my son was five years old, my husband of three years adopted him. This adoption caused the birth certificate to be changed — changed to show my husband as the birth father! The original birth certificate is no longer - it’s as though it were destroyed. Even though I didn’t know my husband when my son was born, the adoption shows as though I did and he is named the father. If Lolo Soetoro adopted Barack, his name was probably changed to Barack Soetoro - and that is what is on the birth certificate - not Barack Obama. And he would have become an Indonesian citizen as well.
Then the amended vault copy of the birth certificate should read "Barack Soetoro." This means that the copy of the COLB on the FightTheSmears Web site, the copy that apparently was generated in June 2007, is a fake, because the COLB would have to be computer-generated from the vault copy, and the COLB reads "Barack Hussein Obama II" and has "Barack Hussein Obama" as the birth father, not "Lolo (or whatever his full first name is) Soetoro".
Didn't Michelle O say something unguarded in an interview a few years ago, something along the lines of "We're not going to let a little thing like an adoption get in the way" and "There's no law that can stop him [BO] from becoming President"?
She must have known there was a problem.
On a related subject: Why is Michelle O no longer practicing law?
What makes you think he adopted him?
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