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

June 30, 2010

The Third Circuit Court of Appeals Receives Kerchner v. Obama/Congress for Decision

As I have already reported, Charles F. Kerchner, Jr., Commander USNR (retired), Lowell T. Paterson, Darrell James LeNormand, and Donald H. Nelsen, Jr., have filed a legal action against Barack H. Obama II, in both his private and public capacity as putative President of the United States. They have included claims against Congress, former Vice-President, Dick Cheney, and current Speaker of the House, Nancy Pelosi.

First, they argue that the Founders’ and Framers’ definition of a “natural born Citizen” may be found in the law of nations as commented on by Emer de Vattel in his highly influential treatise, The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns (1758 French edition, 1759 first English edition) and not in the inapplicable English common law. The Framers adopted the “Law of Nations” as part of Article III’s “Laws of the United States” but did not so adopt the English common law. We also know that under Article VI, the “Laws of the United States” which are made in pursuance of the Constitution “shall be the supreme Law of the Land.” Under the law of nations, a “natural born citizen” was a child born in the country to citizen parents, meaning both mother and father. Vattel, Sections 212-33. The Kerchner plaintiffs maintain that under the law of nations, Obama is not eligible to be President and Commander in Chief of the military because, being born with conflicting allegiance to Great Britain which he inherited from his non-United States citizen father and possibly to the United States if he was born in Hawaii as he claims but has not shown, he cannot meet the Founders’ and Framers’ constitutional definition of an Article II “natural born Citizen,” which requires the President and Commander in Chief of the Military to have unity of citizenship and allegiance from birth only to the United States which status is acquired at birth only if the child is born in the United States (or its equivalent) to a citizen mother and father.

Second, they also argue that Obama has not conclusively proven that he was in fact born in Hawaii or any other place in the United States and that even if he were born in the United States, at most he is a Fourteenth Amendment born “citizen of the United States” but not an Article II “natural born Citizen.” At the time the Framers adopted the Constitution, they allowed persons who were “citizens of the United States” to be President, provided that they had that status as of the time the Constitution was adopted which we know was 1787. If a child did not have that status at that time, the Framers required that a would-be President be a “natural born Citizen.” There is no denying from a simple reading of its text that the Fourteenth Amendment only grants to individuals, who can acquire by either birth or naturalization in the United States and being “subject to the jurisdiction thereof,” the equal status of a “citizen of the United States.” The amendment makes no mention of a “natural born Citizen” and surely would not by implication equate a “citizen of the United States” with a “natural born Citizen” since the Framers in Article II were careful to make a distinction between the two types of citizens and we must give meaning to the words the Framers so chose and a naturalized citizen can be a “citizen of the United States” but cannot be a “natural born Citizen.” Hence, the Amendment only defined the Framers’ “citizen of the United States,” which status created doubts throughout our history but did not define the Framers’ “natural born Citizen” which never created any doubts as to its meaning and therefore needed no clarification through any constitutional amendment.

Hence, if Obama was born in Hawaii, he would fall under the Framers’ “citizen of the United States” status as later defined by the Fourteenth Amendment. But being a born “citizen of the United States” under the Fourteenth Amendment in 1961 is not sufficient to establish eligibility under Article II which now requires that Obama be a “natural born Citizen.” There is also no denying that being born in 1961, Obama was not a “citizen of the United States” at the time the Constitution was adopted in 1787. Hence, to be eligible to be President, he must be a “natural born Citizen.” But if Obama was born in Hawaii which we know was to a non-U.S. citizen father and U.S. citizen mother, he would be a born “citizen of the United States” under the Fourteenth Amendment but not a “natural born Citizen” under Article II. So even if Obama was born in Hawaii, he would not be eligible to be President under Article II.

I have already reported that the U.S. Third Circuit Court of Appeals which sits in Philadelphia decided it did not need oral arguments on the Kerchner appeal to that Court and that the Court would receive the case on Tuesday, June 29, 2010 for decision on the briefs. I have also been informed that the Third Circuit Panel that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman. See the latest 3rd Circuit Court of Appeals Summary Docket for this case here.

Now we have to wait for the Court to render its decision. We do not know how long it will take to do so. We can only presume that the Court is aware of the critical importance of this issue and that my clients need to know as soon as possible where they stand. Hence, I believe that we can expect that the Court will provide us with its decision in the not too distant future.

If the Third Circuit Court of Appeals reverses the Federal District Court’s dismissal of the Kerchner case, the case will most likely return to that lower court for discovery and trial. On the other hand, if the Court affirms the lower court because of standing and/or political question, we will then file a petition for certiorari with the United States Supreme Court which will in any event provide the final judicial word on Obama’s eligibility to be President and Commander in Chief of the Military.

Mario Apuzzo, Esq.
June 30, 2010


The Kerchner et al v. Obama/Congress et al Appeal to Third Circuit ‘Submitted for Decision’ 29 June 2010 on the Written Briefs with No Oral Argument

The U.S. Third Circuit Court of Appeals which sits in Philadelphia PA decided to not allow any Oral Argument on the Kerchner v Obama & Congress appeal to that Court. The case was officially “submitted for decision” on the written briefs on Tuesday, June 29, 2010. Our presence at the courthouse was not required.

The U.S. Third Circuit Panel of the Court that will decide the appeal will be comprised of Circuit Judges Sloviter, Barry, and Hardiman.  See the latest Appeal Court Docket entry here.

As we know in the lower court, the Federal District Court, Judge Simandle granted Obama’s/Congress’s motion to dismiss the plaintiffs’ complaint/petition for lack of standing and political question. The Kerchner plaintiffs thus appealed that decision to the U.S. Third Circuit Court of Appeals. Legally, on a motion to dismiss the complaint on its face for lack of standing and political question, both the trial and the appeals courts are supposed to accept the facts alleged in the complaint/petition as true and in a light most favorable to the non-movant. We have alleged and shown the facts that Obama is not and cannot be an Article II “natural born Citizen” because he was born a subject of Great Britain through descent from his British subject/citizen father who was never a U.S. citizen, making Obama born with dual citizenship and conflicting allegiances if he was actually born in the U.S., or with sole allegiance to Great Britain if he was born in Kenya. We have also alleged and shown the facts that Obama has not conclusively proven that he was even born in Hawaii. Obama and Congress have presented no evidence or argument to the Federal District Court in Camden NJ or to the Court of Appeals in Philadelphia PA contesting these arguments. The issues of standing and political question are well briefed in the written briefs presented to both courts. We have presented in our briefs how the Kerchner plaintiffs have standing and how the Obama eligibility issue does not present any objectionable political question for the Court.

Of course, it is our hope that the U.S. Third Circuit Court of Appeals reverses the decision of the Federal District Court which dismissed the complaint/petition for lack of standing and political question and returns the Kerchner case to the District Court in Camden NJ for discovery and trial. If the Third Circuit Court affirms the District Court, thus denying our appeal, we will then be filing a Petition for Certiorari with the United States Supreme Court which will have the final word on this matter in any event.

Attorney Mario Apuzzo will likely post a statement on this matter later.

Charles Kerchner, Commander USNR (Retired)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
June 30, 2010

June 28, 2010

Two Questions to Ask Putative President Obama’s Enablers, aka Obots, Regarding Where Obama Was Born

We have seen the responses we get from Putative President Obama’s enablers, aka Obots, when we ask to see Obama’s long-form birth certificate (not the Certification of Live Birth or COLB someone posted on the internet) and when we say that Obama has yet to conclusively prove that he was born in Hawaii. Here is a typical one:

“These arguments have been debunked numerous times by media investigations, every judicial forum that has addressed the matter, and Hawaiian government officials, a consensus of whom have concluded that the certificate released by the Obama campaign is indeed his official birth certificate. Asked about this, Hawaiian Department of Health spokeswoman Janice Okubo stated that Hawaii “does not have a short-form or long-form certificate.” Moreover, the director of her Department has confirmed that the state “has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”

Apart from identifying and commenting on the many outright lies contained in this answer, we need to ask these enablers the following two questions and caution them that they are not to evade answering them as they have done so far. Here are the questions and accompanying instructions:

If what you say is all true, then please answer for me two questions:

1. Where specifically in Honolulu, Hawaii was Obama born? Do not just tell me in Honolulu. We are talking about the President of the United States. Hence, I want to know the exact address in Honolulu where he first saw the light of day. We are only dealing with 1961 and such information is readily available, especially since Obama says he was born in a hospital. Also, do not simply say that he was born in some-named hospital, for you will have to provide me with credible and sufficient evidence from such an institution to support your answer. Also, some unconfirmed letter that Obama allegedly wrote on January 24, 2009 to Kapi’olani Medical Center is not such evidence, for Obama never confirmed that he wrote it and the letter is not from the hospital.

2. Who was physically present when Obama was born? I doubt that in 1961 an 18-year-old girl could give birth to a baby all alone. Hence, since as you claim Obama’s birth has been confirmed by all these authorities, then you or at least one of these authorities should be able to tell me who was present to witness baby Obama come out of his mother’s womb. Also, we can assume that the person who was present would be the person who would have “officially” reported Obama’s birth to the Hawaiian health department authorities, for surely neither Nancy Pelosi nor any past or present Hawaiian authority of whom you so glowingly speak claims to have been personally present during his alleged birth in Honolulu or to otherwise have personal knowledge of how, when, and where Obama was born. In your answer, please provide the name of the person that was present during and actually witnessed the alleged birth and his/her function at that time. Please do not whine that my question is burdensome or otherwise unreasonable given the time lapse. Again, we are only talking about 1961 and we are told that Obama’s birth was in a modern hospital. Hence, the answer to my question should be rather easy to obtain from the medical file that is in the possession of the alleged birth hospital.

Please do not answer my questions by telling me that the burden of proof is on me and not Obama or that my questions are intrusive of Obama’s privacy. After all, we are talking about Obama wanting to be the President and Commander in Chief of the Military of the United States of America and leader of the free world and our Constitution requires that in order to be eligible for those powerful and singular civilian and military offices he produce such information for the people he is supposed to serve and protect in that capacity.

Please do not answer my questions by telling me that the courts have already answered these questions, for we know that they dismissed eligibility cases because of standing, political question, or some other threshold ground, and have yet to rule on the question of where Obama was born.

Please do not answer my questions by telling me that Obama has already released to the public his birth certificate (which is really a Certification of Live Birth or COLB and not a Certificate of Live Birth) by posting it on the internet and that the state of Hawaii has confirmed the existence of Obama’s birth certificate which is in the Hawaii Department of Health file, for the only birth certificate the public has seen so far is a questionable 2008 computer image of an alleged 2007 COLB which someone posted on the internet, we know that the state of Hawaii has yet to confirm that internet image, and the alleged COLB that appears on the internet does not in any event tell us where in Honolulu Obama was born or who was present when he was so born.

Please do not answer my questions by telling me about what we all learned in some high school government class or that the people already voted in the 2008 election, for you should know that what we learn in any such class or what occurs in the polling booth is neither sufficient nor indicated in our constitutional republic as a means to answer constitutional questions.

Please do not answer my questions by telling me that the people who want answers to my questions should not be taken to be rational people because they also believe the JFK assassination was a grand conspiracy, the earth is flat, the moon landing was made on some Hollywood stage, or the 9/11 attack was preplanned by our own government.

Please do not answer my questions by accusing me and the people who want answers to my questions of posting on the internet false Obama birth certificates or other fabricated Obama life stories, for we know that you yourself probably posted those things to make it look like we did.

Please do not answer my questions with a question, or with otherwise evasive answers, or with personal attacks on me, my motives, my politics, my patriotism, my religion, my views on race, my work, my ancestors, or my pets.

And finally, please do not answer my questions by telling me that the questions and answers have already been generously twittered by our smart populace.

Mario Apuzzo, Esq.
June 27, 2010

June 27, 2010

Atty Mario Apuzzo & CDR Kerchner on Les Naiman Show, WGTK 970, Louisville KY, hosted by Les Naiman, Sunday 27 June 2010 7 PM EST

Filed under: Apuzzo,Kerchner,KY,lawsuit,Les Naiman Show,Obama,WGTK 970 — puzo1 @ 6:24 pm

Atty Mario Apuzzo and CDR Kerchner featured guests on the Les Naiman radio show, WGTK 970 in Louisville KY, hosted by Les Naiman, on Sunday, 27 June 2010, 7 PM EST.

Link to WGTK 970 in Louisville KY:

A podcast of the show is available at this link:

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and donate to help the cause:


June 25, 2010

Obama’s Long-Form Birth Certificate: A Quick $10,000.00 for Dr. Conspiracy

It appears that I gave Dr. Conspiracy a tough math problem to tackle. I have published a Catalog of Evidence that details evidence pro and con for a Hawaiian birth for putative President Obama. The catalog which is entitled, A Catalog of Evidence – Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii, may be read at Dr. Conspiracy tells us he has a masters in mathematics and that he has calculated using his vast knowledge of mathematical formulas that my Catalog of Evidence equals 0. He arrives at that by multiplying the 35 (the then-number of paragraphs in the Catalog) by 0 (Dr. Conspiracy’s assigned value to each one of my paragraphs) which he so artfully explains equals 0. Calling his complex calculation, “Multiplication by zero,” Dr. Conspiracy explains how he solved the problem: “This one may yet see the light of day. I was inspired by the posting of Mario Apuzzo’s 35th entry in his catalog of Obama smears. While I’m not a real doctor, I do have in [sic] Masters Degree in mathematics and one of the things you learn pretty early on is that any number multiplied by zero is still zero. The point of the article is that Mario may have 35 things in his catalog, but if they are all worthless, then the value of them all is 35 times 0.” Indeed, Archimedes would be pleased.

Well, now that I have found someone who is a world-renowned mathematician working on my Obama problems, I figured that I would give Dr. Conspiracy another math problem. Bill Keller, leader of, an internet ministry that has over 2.4 million subscribers worldwide and who is seen daily on Comcast’s MyTV8, has issued a $10,000 reward to MSNBC host Rachel Maddow to produce Obama’s Hawaiian long-form birth certificate. Late last year, Keller was hired to produce and host an infomercial that was seen in markets around the country. He asked the simple question, where was Obama really born? Maddow used her MSNBC program to mock and demean Keller and others who simply request that Obama produce his long-form birth certificate. Keller contacted Maddow’s producers and offered to appear with her on her program, but she declined his offer. As a result, Keller has made his $10,000 offer to Maddow to produce Obama’s Hawaiian long-form birth certificate. One would think that if Obama has released his birth certificate like his enablers tell the world, the $10,000.00 should be easy money for Maddow to earn. But let us see if she is able to produce the birth certificate and take her cash.

What I need to know from Dr. Conspiracy is not anything about who Keller is, who his great-grandfather was, whether he goes to church on Sundays, whether he practices a true religion, what version of the Bible he reads, how many dogs he has, and whether they are full bred. And I surely am not interested in hearing from Dr. Conspiracy how Keller can himself obtain the birth certificate or some other variant such as a Certification of Live Birth (COLB). Keller would not be making this offer if he could have done any of that himself. Rather, what I need to know from Dr. Conspiracy is how do we calculate the true value of $10,000.00? Does the number have a true value or is it just illusionary? I need to know this information so that I can determine whether Maddow will accept this $10,000.00 challenge. If Dr. Conspiracy determines, after applying his mathematical skills to solve this complex math problem that the $10,000.00 number does really offer true value, may I suggest to him that he investigate whether Maddow will be accepting this challenge. If she is not, may I then recommend to Dr. Conspiracy that he himself accept the challenge. I am sure that it will be an easy challenge for him to overcome since he has been for almost 2 years vociferously and zealously defending at his conspiracy blog Obama’s claim that he was born in Hawaii and ridiculing the efforts of anyone investigating Obama’s claim. He should therefore have the necessary long-form birth certificate and additional paperwork to easily overcome this challenge and collect the cash.

May we all wish Dr. Conspiracy great success on making this fast $10,000.00.

Mario Apuzzo, Esq.
June 25, 2010

P.S.  Here’s a report of an offer to pay $25,000,000 if Obama provides to them a copy of his “real” long-form Birth Certificate, if one exists, which would show the name of the doctor or mid-wife who delivered him and the name of the hospital.

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