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Posts Tagged ‘3rd U.S. Circuit Court of Appeals’

WorldNetDaily informs us that the 3rd U.S. Circuit Court of Appeals has scheduled the Obama eligibility case brought by Mario Apuzzo for June 29, 2010.

3rd Circuit picks June 29 for eligibility case

Argument alleges Obama probably not even American citizen


Posted: April 08, 2010
12:35 am Eastern
By Bob Unruh
© 2010 WorldNetDaily

A federal court case that argues President Obama probably is not even a U.S. citizen, much less a “natural born citizen” as required by the U.S. Constitution of the chief executive officer, has been scheduled by the 3rd U.S. Circuit Court of Appeals for June 29.

In a letter dated yesterday to Mario Apuzzo, the attorney representing plaintiff Charles Kerchner and others, the clerk of the court said the case has been “tentatively listed on the merits on Tuesday, June 29, 2010.”

The notice said there is a possibility the case would have to be moved, and the court “will determine whether there will be oral argument and if so, the amount of time allocated for each side.”

Those decisions would be announced later if necessary, the notification said.

On a blog dealing with the case, lead plaintiff Kerchner wrote that the case will be addressed by three members of the 3rd Circuit, but those names have not yet been announced.

WND previously has reported on the case that was filed against Obama, Congress and others, just before Obama was sworn into office. Sign the petition that asks state officials to validate Barack Obama’s constitutional eligibility.

It has argued that, “Under the British Nationality Act of 1948 his father was a British subject/citizen and not a United States citizen and Obama himself was a British subject/citizen at the time Obama was born.”

“We further contend that Obama has failed to even conclusively prove that he is at least a ‘citizen of the United States’ under the Fourteenth Amendment as he claims by conclusively proving that he was born in Hawaii, the arguments have claimed.

Those claims from Apuzzo came in opposition to government demands that the case be dismissed for lack of “standing” on the part of the plaintiffs.

See the movie Obama does not want you to see: Own the DVD that probes this unprecedented presidential eligibility mystery!

Apuzzo has argued that standing should be a simple decision.

“How can you deny he’s affecting me?” Apuzzo told WND during a recent interview. “He wants to have terror trials in New York. He published the CIA interrogation techniques. On and on. He goes around bowing and doing all these different things. His statements we’re not a Christian nation; we’re one of the largest Muslim nations. It’s all there.”

The case was brought by Apuzzo in January 2009 on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Named as defendants are Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which “provides that Congress must fully qualify the candidate ‘elected’ by the Electoral College Electors.”

The complaint also asserts “when Obama was born his father was a British subject/citizen and Obama himself was the same.” The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a “natural born citizen,” excluded dual citizens.

Apuzzo’s latest filing has been posted online.

It argues that Obama’s arguments “are nothing more than presentations of general statements on the law of standing which do not address the specific factual and legal content of plaintiffs’ claims. … The defendants in much of their brief basically tell the court that the Kerchner case should be dismissed because all other Obama cases have been dismissed.”

Apuzzo said it is “self-evident” under the Constitution that “anyone aspiring to be president has to conclusively prove that he or she is eligible to hold that office. Part of that burden is conclusively showing that one is a ‘natural born citizen.’ Hence, the citizenship status of Obama is critical to the question of whether plaintiffs having standing, for it is that very statute which is the basis of their injury in fact.”

He noted the case was filed before Obama became president.

“At this time he was still a private individual who had the burden of proving that he satisfied each and every element of Article II, Section 1, Clause 5. That plaintiffs filed their action at this time is important for it not only sets the time by which we are to judge when their standing attached to their action against Obama, Congress and the other defendants … but also to show that Obama has the burden of proof to show that he is a ‘natural born citizen’ and satisfied the other requirements of Article II,” Apuzzo wrote.

“At no time in these proceedings or in any other of the many cases that have been filed against him throughout the country has Obama produced a 1961 contemporaneous birth certificate from the state of Hawaii showing that he was born there … We must conclude for purposes of defendants’ motion that since Obama is not a 14th Amendment ‘Citizen of the United States’ let alone an Article II ‘natural born citizen,’ he is not eligible to be president and commander in chief. Not being eligible to be president and commander in chief he is currently acting as such without constitutional authority. It is Obama’s exercising the singular and great powers of the president and commander in chief without constitutional authority which is causing plaintiffs’ injury in fact.”

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born. And still others contend he holds Indonesian citizenship from his childhood living there.

Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers and the appointment – at a cost confirmed to be at least $1.7 million – of myriad lawyers to defend against all requests for his documentation. While his supporters cite an online version of a “Certification of Live Birth” from Hawaii as his birth verification, critics point out such documents actually were issued for children not born in the state.

WND also has reported that among the documentation not yet available for Obama includes his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records and his adoption records.

Because of the dearth of information about Obama’s eligibility, WND founder Joseph Farah has launched a campaign to raise contributions to post billboards asking a simple question: “Where’s the birth certificate?”


“Where’s The Birth Certificate?” billboard at the Mandalay Bay resort on the Las Vegas Strip

The campaign followed a petition that has collected more than 499,000 signatures demanding proof of his eligibility, the availability of yard signs raising the question and the production of permanent, detachable magnetic bumper stickers asking the question.

The “certification of live birth” posted online and widely touted as “Obama’s birth certificate” does not in any way prove he was born in Hawaii, since the same “short-form” document is easily obtainable for children not born in Hawaii. The true “long-form” birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

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WorldNetDaily brings us news that the 3rd U.S. Circuit Court of Appeals is listening to the eligibility case brought by attorney Mario Apuzzo on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Appeals court: We’re listening to eligibility case

Judges grant permission for lengthy filing in case challenging Obama


Posted: February 23, 2010
11:08 pm Eastern

By Bob Unruh
© 2010 WorldNetDaily

An appeals court has indicated it is listening to arguments in a case that challenges Barack Obama’s occupancy in the Oval Office with a ruling that gives special permission for an extra-long document to be filed in the case.

WND has reported on the case brought by attorney Mario Apuzzo in January 2009 on behalf of Charles F. Kerchner Jr., Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr.

Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives, former Vice President Dick Cheney and House Speaker Nancy Pelosi.

The case alleges Congress failed to follow the Constitution, which “provides that Congress must fully qualify the candidate ‘elected’ by the Electoral College Electors.”

The complaint also asserts “when Obama was born his father was a British subject/citizen and Obama himself was the same.” The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a “natural born citizen,” excluded dual citizens.

According to a posting on Apuzzo’s website, the rules of procedure for the 3rd U.S. Circuit Court of Appeals provide that an appellant’s opening brief is not to exceed 14,000 words.See the movie Obama does not want you to see: Own the DVD that probes this unprecedented presidential eligibility mystery!

However, Apuzzo wrote, “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 … 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…’ I was compelled to file a brief which contained 20,477 words.”

“By order dated February 22, 2010, the Honorable Circuit Judge Michael A. Chagares on behalf of the Motion’s Panel of the 3rd 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,” he said. “Obama’s and Congress’s opposition brief was initially due on Feb. 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,” he said.

He said his background information in the case confirms that two U.S. Supreme Court decisions reveal the definition for “natural born citizen” is found not in the Constitution but in common law.

“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,” he said.

“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,” he said.

He also argues that Obama has failed to prove that he was born in Hawaii by revealing his documentation.

“If he fails to do so, the alleged fact is not proven, even if the opposing party produces no further evidence,” he said.

On Apuzzo’s website, a forum page participant said, “It will be interesting to see how Mr. Obama’s legal team stretches, ‘We have nada!’ into 14,000 words.”

The lead plaintiff, Kerchner, has posted an online statement: “This is not going to go away until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for president.

“Obama at birth was born British and a dual citizen. He holds and has held multiple citizenship during his lifetime. He’s a citizenship chameleon as the moment and time in his life suited him and he is not a ‘natural born citizen’ with sole allegiance … to the USA as is required per the Constitution,” he said.

The appeal further challenges that not only might Obama not be a “natural born citizen,” he might not even be in the United States legally.

“If Obama was not born in the United States, there exists a possibility that Obama could be an illegal alien,” it states.

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Demand the truth by joining the petition campaign to make President Obama reveal his long-form, hospital-generated birth certificate!

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born. And still others contend he holds Indonesian citizenship from his childhood living there.

Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers and the appointment – at a cost confirmed to be at least $1.7 million – of myriad lawyers to defend against all requests for his documentation. While his supporters cite an online version of a “Certification of Live Birth” from Hawaii as his birth verification, critics point out such documents actually were issued for children not born in the state.

WND also has reported that among the documentation not yet available for Obama includes his kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records and his adoption records.

Because of the dearth of information about Obama’s eligibility, WND founder Joseph Farah has launched a campaign to raise contributions to post billboards asking a simple question: “Where’s the birth certificate?”


“Where’s The Birth Certificate?” billboard at the Mandalay Bay resort on the Las Vegas Strip

The campaign followed a petition that has collected more than 490,000 signatures demanding proof of his eligibility, the availability of yard signs raising the question and the production of permanent, detachable magnetic bumper stickers asking the question.

The “certification of live birth” posted online and widely touted as “Obama’s birth certificate” does not in any way prove he was born in Hawaii, since the same “short-form” document is easily obtainable for children not born in Hawaii. The true “long-form” birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a “natural born citizen,” no controlling legal authority ever sought to verify Obama’s claim to a Hawaiian birth.

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If you are a member of the media and would like to interview Joseph Farah about this campaign, e-mail WND.

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