Natural Born Citizen – A Place to Ask Questions and Get the Right Answers

February 23, 2010

Court Grants Motion for Leave to File Overlength Brief in Kerchner Appeal

On January 19, 2010, I filed the Appellants’ Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia. In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama’s alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question. In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents. We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth. Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.

We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate, a long-form birth certificate providing the name of the hospital in which he was born and other corroborating data which was generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which some unknown person posted on the internet in 2008, or other contemporaneous and objective documentation. At the bottom of Obama’s Certification of Live Birth (COLB), it states: “This copy serves as prima facie evidence of the fact of birth in any court proceeding.” Under the concept of prima facie evidence, the presumption that the fact exists fails when evidence contradicting that fact is presented and in such case the interested party needs to present other competent evidence to prove the existence of that alleged fact. If he fails to do so, the alleged fact is not proven, even if the opposing party produces no further evidence. There exists a considerable amount of evidence which puts serious doubt on Obama’s allegation that he was born in Hawaii. To date, Obama has presented no additional evidence other than the internet image of his Certification of Live Birth (COLB) and two unreliable newspaper announcements regarding where he was born. Hence, the prima facie validity of the Certification of Live Birth (COLB) must fail and Obama should be compelled to produce other objective, credible, and sufficient evidence of where he was born such as a contemporaneous birth certificate from 1961. Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept Obama as a “natural born Citizen.”

Circuit Court of Appeals rules provide that an appellant’s opening brief is not to exceed 14,000 words. Because of the extraordinary nature and complexity of the question of whether putative President Barack Obama is an Article II “natural born Citizen” and therefore eligible to be President, whether my clients (the plaintiffs) have standing to bring an action against Obama and Congress in which they maintain that Obama is not a “natural born Citizen” and that Congress failed to meet its constitutional duty to protect my clients by assuring them that Obama is a “natural born Citizen,” and whether plaintiffs’ action presents a nonjusticiable political question which the courts cannot address, I was compelled to file a brief which contained 20,477 words. So that the Court would accept the overlength brief, I filed a motion with the Court for leave to file the overlength brief.

By order dated February 22, 2010, the Honorable Circuit Judge Michael A. Chagares on behalf of the Motion’s Panel of the Third Circuit Court of Appeals granted plaintiffs’ motion for leave to file the overlength brief. This is great news because the case will now continue forward as scheduled. Obama’s and Congress’s opposition brief was initially due on February 22, 2010. The Department of Justice obtained a 14-day extension to file that brief, making the new due date March 8, 2010. After they file their opposition brief, I will then have 14 days within which to file a reply to that brief. All briefs will be posted at this blog and it is my hope that the public will read these briefs so as to stay fully informed on this issue that is critically important not only to my clients but also to our Constitutional Republic.

Mario Apuzzo, Esq.
February 22, 2010
http://puzo1.blogspot.com
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February 15, 2010

"Obama’s Constitutional Eligibility Question" – New Policy – "Don’t Ask, Don’t Tell" – Washington Times National Weekly – Monday 15 Feb 2010 – pg 5

Another New AD – “Obama’s Constitutional Eligibility Question” – New Policy – it’s “Don’t Ask, Don’t Tell” – Washington Times National Weekly – Monday 08 Feb 2015 Issue – pg 5:

Obama refuses to address the legal question about his Constitutional Eligibility to be sitting in the Oval Office. He has never conclusively proven to any controlling legal authority that he is a “natural born Citizen” of the USA to “constitutional standards” as is constitutionally required to be eligible for the office of President and Commander-in-Chief of the military.

http://www.scribd.com/doc/26885850/Citizen-v-natural-born-Citizen-It-s-Don-t-Ask-Don-t-Tell-20100215-Issue-Wash-Times-Natl-Wkly-pg-5

Many people do not know there is a difference between a “Citizen” and a “natural born Citizen.” Being a “Citizen” of any type, whether an Article II natural born Citizen, 14th Amendment born Citizen, 14th Amendment naturalized Citizen, or statutory born Citizen under a Congressional Act, means you are a member of the society and entitled to all its rights and privileges. But under our Constitution to serve in the singular most powerful office in our government, that is to be the President and Commander-in-Chief of our military under our Article II, Section 1, Clause 5, of our Constitution you need to be a “natural born Citizen.” Being a “natural born Citizen” cannot be conveyed by any laws of man and can only be conveyed by the facts of nature at the time of your birth and circumstances of your birth, i.e., being born in the country to two citizens of the country. (Legal Treatise “The Law of Nations – Principles of Natural Law” Section 212 by E. Vattel 1758, SCOTUS Decision Venus 1814, SCOTUS Decision Minor v Happersett 1874). This new advertorial is designed to help educate the public pictorially about the fact that Obama is NOT a Natural Born Citizen of the USA and thus is ineligible under our Constitution to the office he sits in. Obama is a Usurper who was allowed to be put there by millions in foreign money, a corruptly led Congress, and an enabling main stream media. This is a constitutional crisis and a national security concern that must be addressed by the U.S. Supreme Court or our Republic, Constitution, and Liberties are in great danger.
Obama is hiding the truth from the People with an enabling media and is refusing to answer questions on his Article II constitutional eligibility to be President and Commander in Chief of the military. In fact he said last week people should not even question him about it. With him his constitutional eligibility and exact citizenship status policy is, “Don’t Ask, Don’t Tell” … and hope it goes away. Well it is not going away. This is a constitutionally based legal eligibility question. Obama’s election fraud and cover up will be revealed. The truth and the Constitution will win the day in the end and We the People will constitutionally remove the Usurper from his illegally obtained office.
Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
http://puzo1.blogspot.com/ … help the cause: http://www.protectourliberty.org/
####

Atty Mario Apuzzo and CDR Kerchner on Les Naiman Show radio show, WGTK 970, Louisville KY, hosted by Les Naiman, Sunday 14 Feb 2010 10:30 PM EST

Atty Mario Apuzzo and CDR Kerchner were featured guests on the Les Naiman Show radio show, WGTK 970 in Louisville KY, hosted by Les Naiman, on Sunday, 14 Feb 2010, 10:30 PM EST. Topics discussed:

~Appellant’s Opening Brief filing with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA for the Kerchner v Obama & Congress lawsuit
~Recent filing to the federal court by the defendants Obama & Congress, et al, to delay filing their Opposition Brief. This is yet another example of the defense,, which has vast resources and numerous well paid lawyers at their disposal, continually stalling since the case was filed very early in the morning on Inauguration Day, 20 Jan 2009 against the then President-Elect Obama. As to available resources an manpower, this is a David vs. Goliath type case. And it appears that Goliath is chicken and doesn’t want this case heard on the merits in court.
~Continuing efforts by the Plaintiffs to educate the public and promote knowledge about the merits and issues involved in this lawsuit in the national print media via full page ads placed in the Washington Times National Weekly edition. See examples at: http://www.protectourliberty.org
~Other topics and questions by the host and/or the listening audience call-ins.

The direct link to the WGTK 970 Louisville KY is: http://www.970wgtk.com/

Listen to the complete show on podcast. The full show ran from 10:00 to 11:30 p.m.  The first 1/2 hour segment is on the recent revelations about the falsification of data by U.N. funded scientists to fool the world that global warming is happening, that it is a crisis, and that it is caused by the activities of man. Definitely worth listening to. The 2nd and 3rd 1/2 hour segments feature Atty Apuzzo and CDR Kerchner.  That 2nd segment starts about 28 minutes into the podcast.

http://lesnaimanshow.podbean.com/2010/02/15/the-les-naiman-show-21410/

Charles F. Kerchner, Jr., Commander USNR (Retired). Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see this site and help the cause: http://www.protectourliberty.org
####

February 13, 2010

Obama and Congress Request and Obtain Extension of Time to File Opposition Brief to Kerchner Appeal

On January 19, 2010, I filed Appellants’ Opening Brief in the appeal of Kerchner et al. v. Obama et al. which is currently pending in the Third Circuit Court of Appeals in Philadelphia. In that appeal, we maintain that the New Jersey Federal District Court erred in dismissing our case by ruling that plaintiffs do not have standing to challenge Obama’s alleged eligibility to be President and Commander in Chief of the Military and that our case presents a non-justiciable political question. In our case, we have provided the Founder’s and Framers’ definition of an Article II “natural born Citizen” which is a child born in the country to citizen parents. We maintain that Obama is not an Article II “natural born Citizen” because he lacks unity of citizenship and allegiance from birth which is obtained when a child is born in the United States to a mother and father who are both United States citizens at the time of birth. Obama’s father was only a temporary visitor to the United States when Obama was born and never even became a resident let alone a citizen. Not being an Article II “natural born Citizen,” Obama is not eligible to be President and Commander in Chief.

We also maintain that Obama has failed to conclusively prove that he was born in Hawaii by publicly presenting a copy of a contemporaneous birth certificate (a long-form birth certificate generated when he was born in 1961 and not simply a digital image of computer generated Certification of Live Birth [COLB] allegedly obtained from the Hawaii Department of Health in 2007 which was posted on the internet by some unknown person in 2008) or through other contemporaneous and objective documentation. Having failed to meet his constitutional burden of proof under Article II, Section 1, Clause 5, we cannot accept him as a “natural born Citizen.”

The defendants had 30 days within which to file their opposition brief. Defendants have requested and obtained from the Court an extension of time to file their brief. The Court has granted them until March 8, 2010 to file it. After that filing, I will then have a chance to file a reply brief within the next 14 days.

You may obtain a copy of my brief at this site . We will be posting here the defendants’ opposition brief after it is filed along with my reply brief. I hope that many of you will take the time to read these briefs so that you may learn first hand what the legal issues and arguments are regarding whether the plaintiffs have standing and/or are precluded by the political question doctrine to challenge Obama on his eligibility to be President and Commander in Chief, and what the meaning of an Article II “natural born Citizen” is.

Mario Apuzzo, Esq.
February 12, 2010
http://puzo1.blogspot.com

If you can, help the cause.
CDR Kerchner, Lead Plaintiff
http://www.protectourliberty.org

February 8, 2010

New AD-"Citizen vs Natural Born Citizen"- it’s "Don’t Ask, Don’t Tell" with Obama’s Exact Citizenship Status-Wash Times Natl Wkly-Mon 08 Feb 2010-pg 15


New AD – “Citizen vs. Natural Born Citizen” –  it’s “Don’t Ask, Don’t Tell” with Obama’s Exact Citizenship Status – Washington Times National Weekly – Monday 08 Feb 2010 Issue – pg 15:

http://www.scribd.com/doc/26563415/Citizen-v-natural-born-Citizen-It-s-Don-t-Ask-Don-t-Tell-20100208-Issue-Wash-Times-Natl-Wkly-pg-15 

Many people do not know there is a difference between a “Citizen” and a “natural born Citizen.” Being a “Citizen” of any type, whether an Article II natural born Citizen, 14th Amendment born Citizen, 14th Amendment naturalized Citizen, or statutory born Citizen under a Congressional Act, means you are a member of the society and entitled to all its rights and privileges. But under our Constitution to serve in the singular most powerful office in our government, that is to be the President and Commander-in-Chief of our military under our Article II, Section 1, Clause 5, of our Constitution you need to be a “natural born Citizen.” Being a “natural born Citizen” cannot be conveyed by any laws of man and can only be conveyed by the facts of nature at the time of your birth and circumstances of your birth, i.e., being born in the country to two citizens of the country. (Legal Treatise “The Law of Nations – Principles of Natural Law” Section 212 by E. Vattel 1758, SCOTUS Decision Venus 1814, SCOTUS Decision Minor v Happersett 1874). This new advertorial is designed to help educate the public pictorially about the fact that Obama is NOT a Natural Born Citizen of the USA and thus is ineligible under our Constitution to the office he sits in. Obama is a Usurper who was allowed to be put there by millions in foreign money, a corruptly led Congress, and an enabling main stream media. This is a constitutional crisis and a national security concern that must be addressed by the U.S. Supreme Court or our Republic, Constitution, and Liberties are in great danger.

Obama is hiding the truth from the People with an enabling media and is refusing to answer questions on his Article II constitutional eligibility to be President and Commander in Chief of the military. In fact he said last week people should not even question him about it. With him his exact citizenship status policy is, “don’t ask, don’t tell” and hope it goes away. Well it is not going away. This is a constitutionally based legal eligibility question. Obama’s election fraud and cover up will be revealed. The truth and the Constitution will win the day in the end and We the People will constitutionally remove the Usurper from his illegally obtained office.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
http://puzo1.blogspot.com/ … help the cause: http://www.protectourliberty.org/
####

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