Archive for the 'Kerchner' Category

Court Rules Natural Born Citizenship Required for Presidency

©2012 drkate

Abdul Karim Hassan is a naturalized citizen who wishes to run for the Presidency of the United States. This even though the Constitution says “[n]o person except a natural born Citizen . . . shall be eligible to the Office of President.” Hassan v Scott Gessler,  Colorado SoS

Business Insider reported on September 5, 2012, Abdul Karim Hassan’s series of lawsuits claiming his right to run for the Presidency have been denied in the Second, Third, and now Tenth Circuit Court of Appeals.  A similar ruling was issued September 28, 2012 for the United States District Court for the District of Columbia.

The significance of these rulings cannot be underestimated as they affirm that the natural born citizen clause of Article II of the U.S. Constitution has not been trumped, abrogated, or implicitly repealed by the Equal Protection guarantee of the Fifth Amendment nor the citizenship clause of the Fourteenth Amendment.  These arguments are the same ones used by Obama’s lawyers in fending off the legitimate challenges to Barack Obama’s candidacy and presidency; by the secretaries of state to refute ballot challenges, and by the media, pundits, Congress and the academics to cover up the usurpation of the presidency by Obama/Soetoro.  Of course, the corrupt SCOTUS hears nothing, sees nothing, and says nothing.

Obama and his supporters, the Congressional eligibility deniers, and the media have been soundly defeated and Obama is still ineligible to hold or run for the office he seeks.  What is more interesting is that the legal rulings lend support to the charges of misprision of felony that all members of Congress, and all the secretaries of state face in contributing to the overthrow of the White House.

This article briefly reviews the history of this case and its rulings.

The FEC Filing 

Presidential Candidate Abdul Hassan ruled ineligible as he is not a natural born citizen

Hassan, a Guyana-born naturalized American citizen, filed papers with the Federal Election Commission to run for the presidency.  Astoundingly, the FEC ruled in September 2011 that Hassan could file papers and raise money to run for president of the United States:

But the agency also told the prospective candidate, Abdul Hassan, that his campaign may not receive federal matching funds because he was not born in America. However, the agency’s decision stopped short of addressing the constitutional issue of whether someone born outside the United States can be president.

Importantly, the FEC made clear that it was outside it’s jurisdiction to decide the constitutional merits of Mr. Hassan’s candidacy, saying that vetting was up to the States:

“This does not mean that he can go and say ‘look the FEC has said that I am a candidate, give me money, I’m official,’” said Republican Commissioner Donald McGahn. “That is not what we do here; we don’t certify you as a candidate. That’s what the states do.” (emphasis added)

Democratic FEC Commissioners had ‘trepidation’ in issuing this unanimous opinion because of how it might be perceived.  They attempted to qualify and explain their rationale:

“By saying that it is okay — it does give the impression that we don’t see a problem,” said Democratic Commissioner Steven Walther. “I think that we really need to be cognizant of how this could be misconstrued.”

To address this problem, one of the final sections added to approved opinion states:

“Notwithstanding this conclusion, the Commission expresses no opinion on Mr. Hassan’s potential liability arising out of his proposed activities under any other Federal or State law, including any laws concerning fraudulent misrepresentation. Any such issues are outside the Commission’s jurisdiction.”

“For us this is really all about what we are empowered to decide and what we are not empowered to decide,” said Democratic Commissioner Ellen Weintraub. “Nobody is saying that it is fine and nobody is saying it’s okay for this guy to be going out and raising funds.’

Ballot Access Denied in Colorado, New Hampshire

Hassan then proceeded to set up a website and attempted to get on the ballot in New Hampshire and Colorado.  When denied access by both Secretaries of State of each state, he sued.  He has filed five lawsuits which argued that:

… the Constitution’s natural-born-citizen requirement is a vestige of our less noble past, before we decided that discrimination based on national origin is a grievous wrong. (He points in his briefs to Dred Scott v. Sandford.)The lawsuits say the Constitution’s admonition that “[n]o person  except a natural born Citizen . . . shall be eligible to the Office of President” violates the Equal Protection Clause of the 14th Amendment.

Hassan’s lawsuits have already been denied in the First and Second U.S. court of appeals. And the Tenth Circuit rounded out the trio on Tuesday when it too shut down Hassan’s case.

Complaint Against the FEC’s Presidential Election Campaign Fund Act

Hassan initiated other lawsuits aimed at the natural born citizen requirement based on these assumptions, and filed against the Presidential Election Campaign Fund Act  (26 U.S.C. §§ 9001-9013) which provides public funding to Presidential nominees of major or minor political parties after the FEC issued an advisory opinion that Hassan did not qualify for any matching funding because he was not a natural born citizen.  Hassan argues that the Presidential Campaign Fund Act is:

(1) unconstitutional and invalid, and (2) the natural born citizen clause of the Constitution1 is irreconcilable with, and has been“trumped, abrogated and implicitly repealed” by, the Equal Protection guarantee of the Fifth Amendment and the Citizenship Clause of the Fourteenth Amendment.

Now this is where it gets interesting.  The FEC as defendant submitted a motion to dismiss the case based on the same premises that have been used to try to defeat challenges to Obama’s eligibility.  That is,

Pending before the Court is Defendant’s Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1), or in the alternative, for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (emphasis added)

The FEC also argued that Defendant argued that this Court should deny Plaintiff’s Application because

the Complaint fails to present an Article III case or controversy, and alternatively, because it does not present a substantial constitutional question. (emphasis added)

The government moved to dismiss the case–using the same arguments it has used to dismiss other cases against Obama–(1) failure to present a claim upon which relief can be granted, (2) lack of jurisdiction, (3) failing to present an Article III case or controversy, and (4) failure to present a substantial constitutional question.

The one argument missing from the government’s defense?  STANDING.

American Jurisprudence and Constitutional Legal Thinking

The DC circuit court dismissed Abdul Hassan’s case. The judge’s ruling denying Abdul Hassans suit against the FEC is illustrative for the process the Judge followed in making its conclusions.  As opposed to ducking jurisdiction and ducking its Article III responsibility to hear cases involving constitutional questions, the court determined:

Because subject matter jurisdiction focuses on the court’s power to hear the claim, however, the court must give the plaintiff’s factual allegations closer scrutiny when resolving a Rule 12(b)(1) motion than would be required for a Rule 12(b)(6) motion. Macharia v. United States, 334 F.3d 61, 67-68 (D.C. Cir. 2003). Thus, to determine whether it has jurisdiction over a claim, the court may consider materials outside the pleadings where necessary to resolve disputed jurisdictional facts. Herbert v. Nat’l Acad. of Scis., 974 F.2d 192, 197 (D.C. Cir. 1992). (emphasis added)

Regarding FRCP Rule 12 (b), the court determined:

A court need not, however, “accept inferences drawn by plaintiffs if such inferences are unsupported by the facts set out in the complaint. Nor must the court accept legal conclusions cast in the form of factual allegations.” Id. In addition,“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” (emphasis added)

In other words, the Court actually took on the issue, was legally entitled to review additional information, and ruled it did not have to accept inferences or ‘legal conclusions cast in the form of factual allegations’.  Every one of the Obama challenge cases was thrown out first, on standing, and second, using the measly excuses such as failure to present a case, lack of Article III jurisdiction, or the ‘political question’.

Article II Still Stands

I hope everyone who has been involved in the eligibility movement can appreciate the significance of these rulings for the Constitution, the requirements of the Presidency, and all the work we have accomplished over the last several years.  It is critical to inform your friends who are skeptical of the ‘birthers’ or disappointed in the perceived failure of the 100+ cases challenging Obama that several courts have affirmed the natural born citizen requirement of the presidency–that it still stands, and that we are right and always have been on this issue.

Significantly the FEC believes the States are responsible for the determination of eligibility, just as the Article II Superpac, the Obama Ballot Challenge, the extensive legal work of many scholars, and manymany others have indicated.  The 2009 Continental Congress recommended vetting laws at the state level were required, and the Article II Superpac will continue its efforts after this election and into 2013 to ensure a vetting process is in place at multiple levels, to make sure the usurpation of the White House by an unknown, unvetted foreign national never happens again.

Please donate to the Article II Superpac to ensure its efforts continue through and beyond the 2012 election.  The national security of our Nation is at stake.

Crime of the Century

©2012 drkate

The crime of the century has been committed on our watch, though it has its roots in the 20th century scoundrels that destroyed the U.S. dollar, enslaved and dumb-downed citizens through ‘government schools, and terrorized generations with war, terrorist attacks, economic depressions, poverty, and disease.

The stunning end result of 20th Century madness is the usurpation of the White House by the foreigner Barack Hussein Obama/Soetoro, in my view, a clear act of war against the United States.

From the Washington Times July 30 edition, the Article II SuperPac placed this stunning ad:

Congress’ fingerprints at the White House crime scene
The facts are in. We know, definitively, that the alleged Obama
birth certificate on the White House Website is fraudulent.
Congress must admit their culpability in this. They faced a
Presidential candidate with credentials based almost entirely
on two autobiographies full of composite characters, errors,
and outright fiction. Rather than step up and do their job, the
Democrat-controlled Congress failed to properly vet their
candidate’s fairytale narrative. Now the chickens have come
home to roost and Congress is desperately evading the issue
while trying to sustain the illusion of themselves as defenders
of the Constitution.

The shock of this usurpation turned to the finality of Congress’ participation in the cover up and to the useless, unconstitutional judiciary heeding instructions to ignore the constitution.  Yet the judiciary in particular is that crowd of  20th century lawyers who went to the ‘finest’ law schools that served only to undermine, avoid, diminish, and ridicule the constitution in favor of ‘case law’, made-up opinions with little or no founding in the principles of Constitutional law.  The death of Lady Liberty, brought to you by the politicians that scammed your vote while stabbing you in the back, all the time pretending to be defenders of the Constitution.

Representative Peter King shows us how:

And Commander Charles Kerchner reminds us how those two newspaper announcements prove absolutely nothing:

It is time for this charade to end, and for the pure truth to be revealed.  Do your constitutional duty and demand a full Congressional investigation…do not let them think we have ‘given up’.

Lock him out, lock him up

Open thread on the usurper, his crimes and cronies.

Defending our Defenders

©2010 drkate

In the midst of one of the greatest assaults on our Nation since its founding– the usurpation of the Presidency– We the People have turned to the Constitution as our guide to identifying and resolving the problem of Obama’s on-going violation of Article II, Section 1, Clause 5 and other Articles of the Constitution.

On the table in recent days are reports of Obama’s mental state as a disability and removal through the 25th Amendment, and with a hat tip to reader KM,  Article II of the Constitution itself.  Both avenues are worth considering and seem a reasonable way to remove a usurper, but many including me  are left with questions,

what about the civil and criminal charges against Obama, his ineligibility, and all the things done under his watch, and the court-martial of LTC Terry Lakin?

The answer to these questions is  still the Constitution as we defend our defenders:  those who have risen to defend our Constitution and are in the arena,  fighting for all of us:  Commander Charles Kerchner–with the brilliance of Mario Apuzzo, and LTC Terrence Lakin, having the integrity to obey his oath of office and ensure his orders are legal.   The love of country more than self, the absolute integrity of upholding the oath to protect and defend the constitution from all enemies, foreign and domestic, so help me God, has not failed.

Continue reading ‘Defending our Defenders’

A Test for the Supremes

©2010 drkate

This case is about whether our nation should allow a precedent created by a popular vote to stand that makes it possible for an individual who is born with dual and conflicting foreign allegiance to become President and Commander-in-Chief of the Military.  This case is about whether we should allow a critical question such as the meaning of a ‘natural born Citizen’ to be answered by the political parties and the people through their act of voting at the polls, or by the judicial branch of government…

On September 30 2010, a petition to the Supreme Court asking them to grant a Writ of Certiorari in the Kerchner v. Obama and Congress lawsuit was filed by Attorney Apuzzo for Commander Kerchner.  Painstakingly shepherding this case through the proper legal procedures for more than twenty (20) months, without legal error or misstep,  Commander Kerchner’s  case is finally ripe for judicial review.

The petition delineates in considerable detail the reasons why the Supreme Court should take the case, offering a slightly different perspective on the excellent pleadings that have characterized Kerchner’s effort since January 2009.

Continue reading ‘A Test for the Supremes’

Kerchner, Apuzzo, and the Supreme Court

©2010 drkate

Its been nearly two years since my first blog post ever, The Trojan Candidate, which began with the simple question–why does Obama hate America so much?  If you recall, that post began with a song quoted by Billy Ayers, the terrorist punk:

“The end of an empire is messy at best
And this empire is ending
Like all the rest
Like the Spanish Armada adrift on the sea
We’re adrift in the land of the brave
And the home of the free
Goodbye. Goodbye. Goodbye.”

We now know that Ayers, as well as others who hopefully wish for the destruction of America, knew the finishing touches of the end would be to place a usurper into the White House, a radical bent on ‘fundamentally transforming America’. Nothing Soebarkah did, said, or promised changed this fundamental goal: the destruction of the United States as we know it.

The steady march of the left, that took the long, if misguided view, to erode fundamental principles of our Nation took a subtle path: attack through political correctness, undermine people’s will through the judiciary with its fake promise to uphold the Constitution, and dumb-down the American public with education infused to confuse and undermine the thinking, individual sovereign.

Continue reading ‘Kerchner, Apuzzo, and the Supreme Court’

Soebarkah, Who Are You?

©2010 drkate

[Update: "Soetoro, Barak Hussein" is probably the translation. The silver lining here is that everything that Obama has signed under his name is invalid!]

Here is an interesting discussion from Commander Kerchner and TeoBear, of ‘The Birthers’, regarding Obama from a FOIA request on Stanley Ann Dunham’s passport:

From Commander Charles Kerchner:

CDR Kerchner (Ret) in his 31 Jul 2010 post in the Atty Apuzzo blog on the Dunham FOIA passport records release:

http://puzo1.blogspot.com/2010/07/some-of-stanley-ann-dunham-obama.html

and …

Re. by Dr. Corsi in his August 1 article on the Dunham FOIA passport records release

I noticed in the WND.com article Dr. Corsi  has spelled the new name found for Barack Hussein Obama (BHO) as ‘Saebarkah’.

Continue reading ‘Soebarkah, Who Are You?’

Judges Impeach Themselves

©2010 drkate

America in Distress

In a not unexpected decision, the Third Circuit Court of Appeals affirmed the lower court’s ruling in Kerchner v Obama et al, denying the appeal and refusing to consider the facts of the case, based on Article III standing and the political question. The case will now go to the Supreme Court.

What was unexpected was the charge against Attorney Apuzzo that this was a ‘frivolous appeal’ (but not tfrivolous facts). But in that charge, the Judges reveal their (willful) inability to read the case and understand it, and thus impeach themselves as competent arbitrators of the law.  To wit:

…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.”

No, the claims were not ‘almost identical’, they were not even similar at all, as explained here, here, and here.  Moreover, the timing of the filing of the  Kerchner v. Obama case enabled the proper presentation of the facts before the Court, whereas all the other cases were not yet ripe for consideration.

Continue reading ‘Judges Impeach Themselves’

A Conspiracy of 12

©2010 drkate

The Foundry, Pouring the Crucible 1923

We are in the crucible now of our struggle to articulate and lawfully act on the violations of the Constitution by our elected officials.  While the Congress can escape for a while by claiming flexibility is allowed with the 18 enumerated powers we allowed them, Obama cannot escape his direct violation of Article II of the Constitution for the United States of America.

This blatant violation of the Constitution, for highest office in the United States and arguably the world, could not have been possible without other constitutional violations long-entrenched within the political class, cooperation of key government officials at every level, and the operations of government hacks, party operatives, and the media.

The one case that exposes this truth is the Kerchner v Obama & Congress lawsuit, currently on appeal before the  Third Circuit Appeals Court in Philadelphia.   The Kerchner filings contain the most comprehensive case law history of this subject ever compiled and analyzed. They also expose  the shocking, true depth of deception and fraud that enabled the coup resulting in installation of Barack Obama.

Continue reading ‘A Conspiracy of 12′

Kerchner’s Stand

©2010 drkate

How appropriate that on the day that Obama pretends to sign into law an unconstitutional, hostile take over of America, his Achilles heel snaps up right in front of him.   With that weak heel, he may be able to run with an obvious limp, but he will not be able to hide.  These charges will follow him the rest of his days.

Commander Kerchner’s comments on the Appellant’s Reply Brief filed today by Atty Apuzzo in the Kerchner v Obama & Congress Lawsuit Appeal

By now many of you have likely had time to read Attorney Mario Apuzzo’s outstanding Appellant’s Reply Brief filed today with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The closing two paragraphs sum up the issues and consequences and the duty of the federal court’s role in resolving the core constitutional legal question of this lawsuit very well. Imo, Atty Apuzzo’s words will live in history. The federal courts must take this case or our Constitutional Republic is doomed and on its way to the scrap heaps of history.

Atty Apuzzo writes on pages 29 & 30:

Continue reading ‘Kerchner’s Stand’

The President’s Disability under the 25th Amendment-Update

(Posted on Texasdarlin Blog August 12, 2009)

©2009 drkate/drkate4justice

Update:  I am reposting this article in response to the following activities of Barack Hussein Obama, which reveal not only what I consider to be profound disloyalty to the United States, but disability by reason of mental defect:

  • Failure to exhibit any empathy at all with soldiers killed in the worst terrorist event since 911 inside the United States;
  • Evidence that the accused killer was a member of Barack Hussein Obama’s transition team and that special privilege may have led to the inability of base Commanders to remove Hasan;
  • Apparent evidence of sickness;
  • Continued failure to prove his citizenship and eligibility for the office of the Presidency.
Of course I believe he is committing treason as I write this and already has.  But this  mayalso be stopped if he is constitutionally removed by disability as a result of mental defect and continued failure to prove his citizenship.

Continue reading ‘The President’s Disability under the 25th Amendment-Update’

Department of Justice–Keystone Cops

©2009 drkate

The “Justice Department”, who should be defending the American People and the Constitution from usurper Obama, may have made a critical error in judgment when they filed ‘notice of Judge Simandle’s ruling in Kerchner v. Obama‘ into the California case of Barnett v. Obama.

Here is the press release from Charles F. Kerchner,  lead plaintiff in the Kerchner v.  Obama case:

Continue reading ‘Department of Justice–Keystone Cops’

Appeal Filed in Kerchner v. Obama

FOR IMMEDIATE RELEASE

Kerchner et al vs. Obama & Congress et al Lawsuit Decision Appealed to Federal 3rd Circuit Court of Appeals in Philadelphia, PA

JAMESBURG, NJ – (Oct. 27, 2009) – Attorney Mario Apuzzo of Jamesburg, NJ, today filed an appeal with the Federal Third Circuit Court of Appeals in Philadelphia, PA, on behalf of plaintiffs Charles F. Kerchner, Jr., Lehigh County, PA; Lowell T. Patterson, Burlington County, NJ; Darrell J. LeNormand, Middlesex County, NJ; and Donald H. Nelsen, Jr., Middlesex County, NJ; challenging the recent decision of Judge Jerome  Simandle, Federal District Court, Camden, NJ, dismissing the lawsuit charging that Barack Hussein Obama, aka Barry Soetoro, has hidden all his early life records including his original long-form birth certificate, early school records, college records, travel and passport records, and has not conclusively proven to any controlling legal authority that he is Article II, Section 1, Clause 5 constitutionally eligible to serve as the President and Commander-in-Chief of our military.

Continue reading ‘Appeal Filed in Kerchner v. Obama’


September 2014
M T W T F S S
« Aug    
1234567
891011121314
15161718192021
22232425262728
2930  

PROTECT OUR LIBERTY HERE!

Get Your Copy at drkatesview@gmail.com

Blog Archive

Just follow copyright law and nobody gets hurt!

The contents of this blog are protected under U.S. Copyright Law, United States Code, Title 17. Requests for use of active and archived articles in this blog must be presented in writing in the comment section, and proper attribution is expected. Thank you in advance.

drkatesview thanks you!

Donate to DrKatesView!

Donate Now!

Since 8/15/09

  • 1,684,509 views

Listen to drkate’s Revolution Radio

RSS Atlas Shrugs

  • An error has occurred; the feed is probably down. Try again later.

RSS American Spectator

  • An error has occurred; the feed is probably down. Try again later.
Button 1 120 by 90
Site Build It!

Follow

Get every new post delivered to your Inbox.

Join 605 other followers