Sunday, July 4, 2010
Atty Apuzzo & Commander Kerchner Response to the 3rd Circuit Court of Appeals Ruling in Kerchner v. Obama/Congress - July 4th, 2010 -
Via Attorney Apuzzo and Commander Kerchner; - The Third Circuit Court of Appeals Affirms the Dismissal of the Kerchner v. Obama/Congress Case for Lack of Standing and Orders Attorney Apuzzo to Show Cause Why He Should Not Be Assessed Damages and Costs -
The Court did not find that the merits of our case are “frivolous.” Rather, it found “frivolous” my appealing to the Third Circuit Court of Appeals the Federal District Court’s finding that the plaintiffs do not have standing to ask that court to decide the merits of their claim that Putative President Obama is not an Article II “natural born Citizen,” that he has yet to conclusively prove that he was born in Hawaii, that Congress failed to exercise its constitutional duty to properly vet and investigate Obama’s “natural born Citizen” status, and that former Vice President and President of the Senate, Dick Cheney, and current Speaker of the House, Nancy Pelosi, were complicit in that Congressional failure.
On the standing issue, the Court found that the plaintiffs did not establish that they suffered an “injury in fact.” They said that the injury that plaintiffs allege is like that of Philip Berg’s and is not concrete or particularized enough to satisfy Article III standing. They found that these injuries are “too generalized” for Article III courts. They added that plaintiffs’ injuries are not “concrete and particularized” because they are “harms that are suffered by many or all of the American people.” Furthermore, the court said that plaintiffs’ injuries are “generalized grievances” which “are most appropriately handled by the legislative branch.” Like the District Court, the Court acknowledged plaintiffs’ “frustration with what they perceive as Congress’ inaction in this area…” But also like the District Court, the Court concluded that the plaintiffs’ “remedy may be found through their vote.” Finally, the Court stated that because plaintiffs failed to show they have standing, it need not address plaintiffs’ contention that “the original common law definition of an Article II ‘natural born Citizen’. . . is a child born in the country to a United States citizen mother and father.”
On why I need to show cause why I should not have to pay to Obama, Congress, and the United States damages and costs for filing a “frivolous” appeal, the Court found that “Appellants had ample notice that this appeal had no merit. They should have been aware that we rejected almost identical claims in Berg, as have courts in other jurisdictions.” They said that an examination of this precedent would have made it obvious to a reasonable attorney that an appeal from the District Court was frivolous since no law or facts could support a conclusion that the District Court erred. While the Court acknowledged that the Federal District Court did not “explicitly” state that our claims were frivolous, the Court believes that I had meaningful notice that the appeal was frivolous from the decisions of other courts which dealt with “similar legal theories” and imposed sanctions on those lawyers for bringing forth such claims.
I am now preparing my response to the Court’s show cause order which I will be filing before the deadline of July 16, 2010. As to what other action my clients may take regarding the underlying claims against Obama and Congress, we will be discussing that aspect and acting accordingly.
Mario Apuzzo, Esq.
July 4, 2010
Via Commander Kerchner; The court has presented us for the weekend celebrating the birth of our nation, and the liberty and freedom it once stood for as a shining beacon to the world, with a despicable example of what our government has turned into. Our branches of government no longer wish to hear from the People. We are to sit here and take it and just keep quiet. We will not.
The founders and all the men since who have sacrificed with their blood and even their very lives to gain and preserve our liberty and freedom will not have sacrificed in vain. We have lost a battle but not the war. We will stand to fight this battle to support and defend the Constitution. I took an oath to do so. And that oath was not just words to me. The battles will continue. And in the end the truth and the Constitution will win and the thugs and tyrants now controlling our government will face the justice of We the People who are the true sovereigns of this nation and government. These usurpers and thugs and their enablers will learn a lesson in the coming months and will be shown before the bar of justice of the People and in history for what they really are ... power hungry tyrants, thugs, and deceivers. This war will be won by We the People. So help me God.
CDR Charles Kerchner
Kerchner v. Obama/Congress decision and briefs ruled on embedded below...
Kerchner v Obama & Congress Appeal - Decision - July 2, 2010 - US 3rd Circuit Court of Appeals PA -
Kerchner v Obama Appeal - Appellant's Opening Brief - FILED 2010-01-19
Kerchner v Obama Appeal - Defendants' Opposition Brief - Filed 8 Mar 2010
Kerchner v Obama & Congress Appeal - Appellant's Reply Brief - filed 23 Mar 2010
Citizen v natural born Citizen-It's Don't Ask Don't Tell-20100426 Issue Wash Times Natl Wkly - pg 5
Hawaii Sr Election Clerk-Obama Was NOT Born in Hawaii-Wash Times Natl Wkly-20100628 Pg 5
HELP THE CAUSE: PROTECT OUR LIBERTY LEGAL ACTION PUBLICITY & EDUCATION FUND