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Judges evade Obama birth-certificate query
WND ^ | July 25, 2010 | Bob Unruh

Posted on 07/25/2010 5:29:54 PM PDT by RobinMasters

Judges on the 3rd U.S. Circuit Court of Appeals suddenly have abandoned plans to assess damages against an attorney whose clients are challenging Barack Obama's eligibility to be president after he argued that if there was to be punishment, he would have the right to know whether the defendants could have mitigated their injury by publicly releasing Obama's birth documentation.

The decision came from Judge Dolores Sloviter in the Kerchner vs. Obama case handled by attorney Mario Apuzzo. The court had ordered Apuzzo to explain why defense costs shouldn't be assessed against him for the "frivolous" appeal.

However, her newest order denied Apuzzo's request to reconsider the case and stated "based on Mr. Apuzzo's explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause."

The case was filed against Obama, Congress and others just before Obama was sworn into office, arguing that Obama was a British subject and not a U.S. citizen.

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: certifigate; judges; marioapuzzo; naturalborncitizen; obama
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To: chicken head; cameraeye; combat_boots
wow, so the second swear in wasnt leagal

No, that is incorrect. The Constitution only requires that the oath be said. It does not require that oath be taken on a Bible, or any other religious book.

The Bible is usually present due to a tradition started by George Washington. However that tradition has no force of law.

The second swearing in met the Constitutional requirements for the oath. The lack of a Bible was only a matter of bad taste. It had no legal effect on the oath.

41 posted on 07/25/2010 7:34:34 PM PDT by GreenLanternCorps ("Barack Obama" is Swahili for "Jimmy Carter".)
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To: GreenLanternCorps

read post 12 and 21


42 posted on 07/25/2010 7:38:13 PM PDT by chicken head
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To: skookum55
This would have been taken care of before the election if the democraps cared even a little about the welfare of this country. The scum of the earth only cared about obtaining power and enriching themselves. We have traitors in our government who should be put on trial and be sentenced to death when convicted.
43 posted on 07/25/2010 7:39:05 PM PDT by peeps36 (Obama Wants To Make White People A Minority In America)
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To: Maximum Leader

The father was known. Sorry, your theory of paternal influence being nugatory shot down in flames.

Only when the father is UNKNOWN does the law of ‘natural born citizen’ work only through the mother.


44 posted on 07/25/2010 7:46:15 PM PDT by bvw
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To: RobinMasters

Unfortunately this won’t be covered anywhere but it actually speaks volumes to the truth of the matter.

They know they can’t let the birth certificate out in the open because it can’t be proved that he is a natural born citizen.

This is truly amazing...


45 posted on 07/25/2010 7:49:26 PM PDT by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: cameraeye

he has a koran in his coat pocket...


46 posted on 07/25/2010 8:11:20 PM PDT by Stayfree (god help u)
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To: Paladin2
...The court has decided to vote “Present”, just like the role model, Zer0.

WAKE UP AMERICA




47 posted on 07/25/2010 8:23:46 PM PDT by BobP (The piss-stream media - Never to be watched again in my house)
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To: The Magical Mischief Tour

uhhhh, no Bible at his “real” inaugural oath taking, was there?


48 posted on 07/25/2010 8:35:35 PM PDT by silverleaf (Those who can make you believe absurdities can make you commit atrocities.)
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To: bvw

Are you just making up stuff up as you go along?, the Immigration Code doesn’t distinguish between Known or Unknown Father, but instead looks at the mother’s marital status. Since as you pointed out Obama’s father was already married to someone else, so the President’s birth as out of wedlock.

7 FAM 1133.4-3 Birth Out of Wedlock to American Mother (TL:CON-68; 04-01-1998) a. Section 309 (c) INA: A child born abroad out of wedlock after December 24, 1952, to a U.S. citizen mother acquires U.S. citizenship if the mother was physically present continuously for 1 year in the United States or its outlying possessions at any time prior to the child’s birth.


49 posted on 07/25/2010 8:46:30 PM PDT by Maximum Leader (run from a knife, close on a gun)
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To: chicken head

Obama used a Bible at the official inaugural on January 20th, but the Chief Justice messed up the words. Obama repeated the messed up words. So that oath was not valid. It did not have the Constitutionally required text.

Obama retook the oath on January 21st, with the correct words, but no Bible. That oath was valid because it matched the text in the Constitution.


50 posted on 07/25/2010 9:30:33 PM PDT by GreenLanternCorps ("Barack Obama" is Swahili for "Jimmy Carter".)
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To: chicken head

I think you can trust Chief Justice Roberts that he did it the second time.


51 posted on 07/25/2010 9:36:23 PM PDT by Defiant (2010 is pretty much it, folks. Send them packing, or start packing.)
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To: tpmintx
Mario Apuzzo’s case is probably the best because he sued him before he won and after he won. Something is suspicious about Roberts swearing in. There is no way Roberts screwed it up by mistake. The guy is smart.

From the day it was filed, I knew Apuzzo’s case was the sleeper. Mario has been quietly working away like a little church mouse gnawing away at the ropes tieing up the box filled with Obama’s fraud and lies.

52 posted on 07/25/2010 9:43:11 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: CommieCutter
Please..don’t you know that a Xerox copy of a newspaper birth announcement is all you need for proof of natural born citizenship??

----------------------------------

Correction:

Please..don’t you know that a Xerox copy of a newspaper birth announcement that was copied from the internet and than printed out since no one has seen an actual paper copy is all you need for proof of natural born citizenship??

53 posted on 07/25/2010 9:48:33 PM PDT by little jeremiah
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To: Michael Barnes

“What is it about discovery that is so frightening to so many judges?”
Ask Donald Young.


54 posted on 07/25/2010 9:50:11 PM PDT by virgin (Don't screw with me.)
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To: Michael Barnes

“What is it about discovery that is so frightening to so many judges?”
Ask Donald Young.


55 posted on 07/25/2010 9:50:17 PM PDT by virgin (Don't screw with me.)
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To: GreenLanternCorps

It was valid either way (you think any judge would take the case of the screwed up oath, knowing that it’d embarrass the Chief Justice for making an innocent mistake). Chief Justice Roberts felt so bad about it though (it was his first of what I’m sure will be many inaugurations), he wanted a do over and the President agreed.

Besides, there’s an old legal maxim— equity regards as done that which ought to have been done. If the Chief Justice meant to give the right words and the President meant to repeat the right words... then that’s good enough for government work (to quote an old NASA saying).

Finally, George Washington set the precedent that the President takes power the moment his term begin, GW didn’t take the oath until more than a month after he was on the job.
http://www.law.cornell.edu/anncon/html/art2frag6_user.html


56 posted on 07/25/2010 9:50:51 PM PDT by Maximum Leader (run from a knife, close on a gun)
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To: Michael Barnes

“What is it about discovery that is so frightening to so many judges?”
Ask Donald Young.


57 posted on 07/25/2010 9:51:29 PM PDT by virgin (Don't screw with me.)
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To: Maximum Leader

A natural born citizen is one who is born ON US SOIL to TWO PARENTS WHO ARE CITIZENS.

His father was not a US citizen. He is not a NBC. Even if he was born in the US which he probably was not.


58 posted on 07/25/2010 9:53:09 PM PDT by little jeremiah
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To: syc1959

The idiots in America who watch TV are easily brainwased. I cancelled Tv a year ago to turn off the Matrix.

F Hollywood and the TV networks


59 posted on 07/25/2010 9:59:03 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: kingu

Apuzzo sued Obama before he was elected and after he was elected.


60 posted on 07/25/2010 10:07:02 PM PDT by Frantzie (Democrats = Party of I*lam)
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