Appeal Filed in Kerchner v. Obama


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.

Obama was born a British Subject to a British Subject father and Obama is still a British Subject/Citizen to this day since he has never renounced it. According to this lawsuit Obama was born a dual-citizen with dual allegiances, is not constitutionally eligible to be the President and Commander-in-Chief of our military. The founders of our country and framers of our Constitution required the President have sole allegiance to the USA at birth, which Obama does not have. Obama has multiple foreign allegiance claims on him because of his British birth. Obama’s father was not a U.S. Citizen or immigrant to the USA. The lawsuit seeks a trial on the merits to determine the true facts of Obama’s legal identity and exact citizenship status and requiring Obama to prove to the courts that he is eligible for the federal office he sits in per our Constitution, Article II, Section 1, Clause 5, which 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

The legal term of art, natural born citizen, is defined by the world renowned legal scholar Emmerich de Vattel in his pre-eminent legal treatise and enlightenment to the world of jurisprudence in the revolutionary period, The Law of Nations and Natural Law, published in 1758, and which was used by the founders during the Continental Congress formation of our country and by the framers of our U.S. Constitution, and whose definition of  natural born Citizen is incorporated in several U.S. Supreme Court decisions. Vattel and U.S. Supreme Court decisions agree that a natural born citizen is a person born in the country to two parents who are both citizens of the country. Obama’s father was not a citizen, nor even an immigrant to the USA. Thus Obama is not a natural born citizen of the USA, and that is the reason for the lawsuit.

The lawsuit was filed early in the morning of January 20, 2009, before Obama was sworn in.  The case was dragged out by delays by the government in addressing the case and deciding on whether the case would proceed to a fact finding trial on the merits or not. The court has decided that it will not go to the merits and has dismissed the case using technical and procedural tactics to keep the Plaintiffs from getting to the merits of the charges.

By the Court finding that plaintiffs do not have standing and that their claims present a political question, the Court was able to avoid having to address the underlying merits of the Kerchner case. With such a decision, the American People unfortunately still do not know where Obama was born and whether he is an Article II “natural born Citizen” and therefore constitutionally eligible to be President and Commander in Chief.

For more information about the lawsuit see these links:

For additional comments or information please contact Mario Apuzzo, Attorney at Law, 185 Gatzmer Avenue, Jamesburg, NJ, 08831, Tel: 732-521-1900, Fax: 732-521-3906, Email:

41 Responses to “Appeal Filed in Kerchner v. Obama”

  1. 1 foxyladi14 October 27, 2009 at 1:57 pm

    keep,s the American way

  2. 2 Mary October 27, 2009 at 2:14 pm

    The Third Circuit Court of Appeal in Philadelphia is the one that dismissed Phil Berg’s suit–the first NBC suit–for “lack of standing,” a bullshit excuse that has been used by every court since.

    • 3 drkate October 27, 2009 at 2:22 pm

      yes….and if they deny it again it will be appealed to the Supremes.

      If the Supremes duck a constitutional question, then we have every reason to conclude the coup is on and take our rightful steps to stop it. Don’t get me wrong…i believe the coup is here…but it might be the straw that breaks the camel’s back

      • 4 terminu October 27, 2009 at 8:21 pm

        We were agape when Obama met with the Supremes before the Berg decision, and they were altogether chummy. It really seems as Lame Cherry pronounces, that European powers install whomever they deem and the fix has always been in.
        With Kerchner – Apuzzo, seeing what’s happening, it’s like we’re brushing up against history of manifest proportions. I never wanted anything but stability prosperity and peace for the United States in my lifetime, but just as other generations did not ask for the fight, I suppose some level will be ours to bear too.

    • 5 drkate October 27, 2009 at 3:13 pm

      I agree with the comment below, that the Berg case is quantitatively different than the Kerchner case. The background materials in the links provided are excellent

  3. 6 Puzo1 October 27, 2009 at 3:09 pm

    The Berg case is different from the Kerchner case. Let’s hope that in the eyes of the appeals court it is a difference that makes a difference.

  4. 7 Quantum Leap October 27, 2009 at 6:35 pm

    The Democrats are feuding with each other.
    The Stimulus didn’t/hasn’t/won’t work.
    TARP didn’t free up lending as intended.
    Saturn (the economy car) is dead after the govt. took over GM.
    Car sales are down 30% after the Cash for Clunkers.
    Deaths in Afghanistan are higher than ever.
    Iraq is starting to unravel again.
    We let down our allies in Poland by removing the missle defense system.
    Sarkozy won’t even talk to opie,
    Merkle is not returning his calls.
    IRAN is playing opie like a fiddle.
    opie is ineffective so he is doing the only thing he can do-campaigning for Governor Dems.
    The Healthcare Plan is hated by both sides.
    The Governor of Virginia will be Republican next week.
    The Governor of New Jersey will be Republican next week.
    The Independent in New York will beat the Rino next week.
    Harry Reid is dying in the polls in Nevada.
    Bela Pelosi’s approval rating in San Fran is 30%.
    Daniel Snyder is in a worse mess than the Dems.
    CNN has the lowest ratings while everything FOX is at the top.
    The Heads of foreign allies think Opie is as weak as we knew.
    The NY Times is all but out of business.
    The tea parties and the town halls were a total success.
    opie you are making 2010 too easy for the other side to win!
    opie is a failure.
    See ya’s on consitutional radio in 20 mins. I’ll be in as ‘guest, # who knows what.

    • 8 Ali October 27, 2009 at 8:57 pm

      that pretty much sums it up Quantum 🙂

    • 9 Delle October 28, 2009 at 3:53 am

      I hope you are right about those elections. I am hoping like crazy and even praying, but I won’t be able to believe it until it really happens.

      I’ve been disappointed too many times.

  5. 10 Quantum Leap October 27, 2009 at 7:34 pm

    Why’s jbjd dissing Dame? A tad bit of an ego huh? I’ll never forget when she chewed out Mary for an honest mistake. Can’t stand that. As if she is the only one who was on the front lines..
    Many people have complained about her rudeness. The suspected reason this blog has lost some commenters. I’m not surprised this happened to dame. Dame is better off with Chalice and that bunch.

    • 11 drkate October 27, 2009 at 9:27 pm

      Unfortunately, some mistakes have been made on all sides.

      • 12 drkate October 27, 2009 at 9:29 pm

        I hope that my blog is a place for discussion and information exchange. I don’t care about the numbers here..and we all have our days of rudeness!

        • 13 Quantum Leap October 28, 2009 at 12:52 am

          That’s right. But we should try harder to temper the rudeness by being sensitive to those around us. Attacking someone in the group in public who is trying to contribute is painful for the one who is attacked as well as the witnesses. Time to lighten up I guess.
          We are all bozo’s under the bus some days.

          Now for some news: Check out what we are up against these days.
          If you pay close attention to obamao’s strategies in office, everything falls under muslim beliefs and law. Soon, once he disbands our military and has an army that takes oath to him directly, America will be worse than the middle east!

          Organized as a coalition in Washington DC on Sept 12, 2009 with Resident obamao present, it will cost the tax payers over 117 million. This group pledges obamao youth and internal security to be 100 percent black. There is an organized march in DC on NOV 7 by them.
          google: Coalition for Social Justice, Peace and Reparations

          See how you too can get a free cell phone with minutes from obamao. Caucasians get freebies too. Yippie. Courtesy of the working taxpayer who gulps in shock 😯 when they see 1/3 of the chunk of their paychecks taken from their check now. Save? How?

          And spare me the racist meme please.

          • 14 drkate October 28, 2009 at 9:25 am

            Quantum, thanks for your comments. Yes, uncomfortable for all would I think describe last nite’s show! Anyway, we move on.

            The links you provided are extremely interesting “Reparations” says it all. They will not be funded by taxpayers.

            Oh, and I hope all 100 of them have a good time in DC. Course the media will probably report “a million” attended. lol.

    • 15 Mary October 28, 2009 at 1:01 am

      Not this Mary whom she chewed out.

    • 16 Shez ZK October 28, 2009 at 8:59 am

      Oh give me a break Quantum, I find this whole comment offensive, and off base of what is really going on. And Off Topic, it belonged in the show thread not this important thread topic.

      If you have to *ask* (the wrong question by the way) then it is showing you don’t understand the situation. I don’t blame jbjd one bit for cancelleing out, I would have done the same thing. Obviously there were things going on behind the scenes AND in the past, the ’cause and effect’, and I find it odd you didn’t notice drkate also refused to do her own show at the last minute, and it certainly wasn’t jbjd’s fault. Both of them had very good reasons for changing their minds and bowing out. The problem wasn’t drkate or jbjd in the least. They were correct in their assessment and judgment. Face that reality.

      Drkate was too kind and very modest in her response. But then she doesn’t go around airing dirty laundry in public either, and surely not on air. I’m looking forward to her new show.

      “The suspected reason this blog has lost some commenters.”
      I have one word for that: Bullcrap.

      • 17 drkate October 28, 2009 at 9:26 am

        Thank you Shez. It was a rough evening for all. But tonight will be good.

        • 18 Shez ZK October 28, 2009 at 11:43 am

          Another point I should have made is that things have been slow all over the blogosphere lately. For many different reasons. It’s also the natural ebb and flow of the universe. Plus we need to factor in that a lot of people are burned out and depressed. But I can’t be quiet when I see it implied or to have jbjd unfairly blamed for everything anything when I have an entirely different perspective on things. I sit back and observe, I do my best to keep up. This piling on jbjd has gotten past old, and she has a right to defend herself. Like anybody would or should under the same circumstances. She also deserves some props for her hard and complex work, which is a hell of a lot more than most people are accomplishing other than complaining or attacking.

          I can be just as no nonsense. I find it amazing they don’t want to her to do what they freely *allow* themselves to do. That pertains to whether it’s expressing, defending, or running mouths. Right or wrong. Most of her critics are the same people that drive me up a wall and have for ages. You want to know one blog that I have stopped bothering to dip into the comments? Citizen Wells. It doesn’t stop me from checking out his posts though.

          The adage holds true: when you point a finger you have 3 pointing right back at yourself. For that matter people need to understand that every single one of us are going to say things, and have, that irritate others. We can’t please everybody. We all perceive things differently. I’ll stop now before I speak a few truths, excuse me my opinion, about ‘ego’ or ‘Chalice’. It wasn’t my plan to fisk a comment that I totally disagree with.

          My apologies drkate for continuing to be OT in this thread. I took a break for the last couple months or so from commenting at any blogs but recently I’ve come out of my fugue to dive back into the fray and trenches. We have a Constitutional Republic to salvage. My money is on Apuzzo, Donofrio, and jbjd to make brilliant headway.

          • 19 Ali October 28, 2009 at 1:34 pm

            No need to jump on Quantum for having an opinion!!

          • 20 d2i October 28, 2009 at 1:53 pm

            Shez ZK – it’s nice to see you back. All of us need a break from this from time to time for sure. It can get a little intense.

            As to those that wish to pile on to jbjd I can’t understand their motivation. Here are a few ideas I’ve kicked around – jbjd’s work threatens them in some way or jbjd’s work may put an end to the money making nativity story. Have you noticed that the few who are piling on are women? Could they be intimidated by her? Are they insecure? Or are they easily led astray by others? Who knows. I find their behavior odd and disconcerting.

            I also find it hypocritical when these same folks say “we should all be working together” all the while they diss jbjd for not being a team player which she is. It just so happens jbjd has boundaries and protects them. Therefore, respect her rules and she’s more than willing to work with folks. So rather than respecting her requests were told she’s not a team player. Whatever!

            Lastly, I’ve been thinking about this and have arrived at a tentative place. That is, I’m coming to believe the whole nativity story was a set up so as to distract us Hillary voters from the real story – stealing the election from Hillary and then committing election fraud. jbjd is the only individual in the blogosphere who has been focused solely on the election fraud angle. She’s been at it for more than 12 months. Now ask yourself why so few “pilers” “team players” and “attorneys” haven’t honed in on and reported on election fraud? Why is that? Make’s one wonder, doesn’t it?

      • 21 Quantum Leap October 28, 2009 at 1:43 pm

        I place no judgement on what occured since I do not have the facts nor do I wish to take it on. It’s non of my business. I only know what I and others have witnessed in the past. I do not lie. drkate is popular because she is kind. Try modeling her.
        Let’s move on and stop attacking me for asking for some sensitivity towards others. We could all use more kindness and less hate.

        • 22 d2i October 28, 2009 at 2:08 pm

          QL – I couldn’t agree w/you more. However, I concur w/Shez ZK when she states she see’s things differently than others do. I do as well. Doesn’t mean I’m right and you’re wrong. It only means we have a different take on her words and what they mean to us.

          For nearly 18 months I hung onto every word she wrote b/c her take was always so different from mine. I found that remarkable. I’ve never seen her being mean or disrespectful toward another blogger. What I have witnessed is that when jbjd makes a comment or replies to a legal question her response style is to provide the cold hard facts which is often not what people want to hear. A good majority of folks aren’t accustomed to this type of lawyerly response but that doesn’t make her mean or disrespectful. It’s the way she is trained. I’ve worked with more lawyers than I care to admit, love them or hate them, if they are worth their salt then they don’t bullshit you. They are direct and factual and trust me, you always want the best legal advice money can pay for. We’re fortunate enough to have one that freely gives of her skill at great expense to herself and her family.

          • 23 Ali October 28, 2009 at 3:12 pm

            I don’t think Quantum takes issue with the cold hard facts. jbjd, has on several occasions, come across as rude — I, in the past, took issue with her regarding her dismissive remarks against Leo Donofrio. Look, my brother thinks I’m rude/difficult lol, so nobody is perfect. I agree that jbjd has a sharp noggin on her shoulders, and I often agree with (many) of her comments — but she can get carried away at times.

            • 24 jbjd October 28, 2009 at 4:51 pm

              Absent any evidence that would tend to support your meme about me, I can only interject that when I make dismissive remarks, these are generally directed to the work and not the person, a distinction I strive to maintain. (Which conduct do you characterize as being more “dismissive,” superimposing the word “WUSSY” over a photograph of the Justices of the U.S. Supreme Court posted at the top of a blog after the blog owner lost an appeal of a legally infirm case; or characterizing the work of the losing attorney as based on a faulty cause of action, doomed to fail from the start? And is your opinion as to which conduct is dismissive independent of the gender of the critic or, the the nature of the criticism?)

              • 25 Quantum Leap October 28, 2009 at 5:07 pm

                This is not productive and tends to cause people who used to be friends to get angry with each other.
                Let’s move on to the job at hand please.

              • 26 Ali October 28, 2009 at 5:24 pm

                “…And is your opinion as to which conduct is dismissive independent of the gender of the critic or, the the nature of the criticism?)”
                lol you’ve got to be kidding

              • 28 d2i October 28, 2009 at 5:50 pm

                Ali – what is your point w/Leo’s exchange w/jbjd? Where was she rude as you claim. Moreover, where was her argument wrong?

                Have you heard anything in six weeks about this complaint? No. Do you know why? B/c Leo and friends don’t get jbjd’s point and it’s obvious you don’t either. That is, each state governs their election process differently. Thus, NH does not have language in their state code that states a POTUS candidate must be “qualified” “eligible” “federally qualified” or whatever. Their code lacks all such language. Therefore, the Secretary serves in a ministerial position which is to place the nominees name on the ballot and then oversee the general election.

                What about this don’t you understand? Please let me know and I’ll be happy to provide you with the accurate information.

              • 29 d2i October 28, 2009 at 6:05 pm

                QL – We’d all love to move on BUT you are the one that threw out the accusation. And I agree with you, it serves no purpose, but it gets us somewhere.

                That somewhere is an honest and candid dialogue about hidden agendas and how they effect the cause. My mission in life since May 31, 2008 has been all about exposing the truth of the dastardly deeds my party did to the candidate that truly won the general election! I don’t know about you and your mission, but I’ve gone to great lengths and made personal monetary sacrifice to get here.

                To learn that others not only rip off others hard work but then dares to malign that individual through their surrogates is wrong and serves no purpose. Hint – last night’s show.

                Just b/c some of us are standing up to this extremely destructive force does not mean we are wrong in the battle. All we want, truly, is the truth. Why is that so hard and more importantly why are people fighting so hard to keep that truth muffled or side lined? Don’t you get it? jbjd is the ONLY ONE IN THE BLOGOSPHERE who has not lead you down the path of a lawsuit. Instead she is empowering you the citizen to learn your own state laws and then to take action by filing a Memorandum of Complaint to your state AG which costs you, the taxpayer, nothing more than time. I honestly don’t get the fact that you can throw out such a deragotory statement and not expect feedback from those of us who have filed and learned our state code.

            • 30 d2i October 28, 2009 at 6:14 pm

              Ali – jbjd’s last comment in her reply is something you may wish to take sometime to mull over.

              Exactly what has Leo accomplished? Moreover, why does he disappear, come back, disappear, come back and disappear again? Think about it. You’re a smart cookie.

              Ask yourself why Miss Tickly went her own way? What about his public persona don’t you get? He’s given you plenty of clues. Read them. Understand them.

              As for jbjd, she’s been consistent and steady for over a year regarding her argument about election fraud. Not once has she lead you or anyone down a path of “this one is it” or “we’re going to get em now”. She’s never participated or added to the roller coaster ride, so why would you ever place Leo on such a pedestal and jbjd on the ground? Like I said take a look at her last statement and go ponder. You’ll be doing yourself a big favor.

              • 31 Quantum Leap October 28, 2009 at 8:34 pm

                We were all a witness to the fraud. It was May 31 and we all experienced it. Even I upchucked in the john when I saw it. I couldn’t stomach it. But I have seen good people fighting each other starting with Marty in Chicago dogging Berg, on down the line. Everyone is led to do what they can in their own way. Every little bit helps.
                Yes we are happy of what jbjd has accomplished and others as well. Of course we were grateful for her help towards the delegates and all. I do alot too. If I hadn’t had my life threatened at the start of the primaries before anyone realized this could be occuring, perhaps I would be more in the limelight too. You sound like we don’t appreciate her work. We appreciate everyone who has been a part of this. Everyone counts and that doesn’t mean if someone counts that jbjd doesn’t. I’m not influenced or knowledgeable about what this infighing is about except I just learned it may be based in copyright issues. If people stole her work, then that’s wrong but please don’t take it out on innocent bystanders. No one said this was going to be easy so expect roller coasters.

              • 32 Ali October 31, 2009 at 1:08 am

                We just disagree.
                Truce d2. Truce jbjd.

    • 33 drkate October 28, 2009 at 9:31 am

      Quantum…just started this blog in August…have never had any more than 1,200 hits per day and those are articles on Obama, and my readership is growing. So to ‘lose’ numbers for me here is more about what is written in the blog (articles v caption contests) than any perceived ‘rudeness’ on the part of me or anyone else. It is still interesting to me that the articles that draw the greatest crowds are always articles about Obama. Most of the time, there is a lot of research in here that probably puts many to sleep! Having said that, I greatly appreciate your contributions to this blog, and thank you for your honesty.

  6. 34 alforhill50 October 27, 2009 at 9:53 pm

    I don’t care much for O’Reilly on FOX but watched tonight and had a clip where Orly was termed a birther and fined an outrageous amount by the judge $20,000 or something for wasting his and court’s time and dismissed it. The two Fox legal contributors (can’t remember their names, mind is blank) said the birther thing was rediculous and they agreed that she should be fined. Whisses me off that they can dismiss it so nonchalantly that the usurper is not A USURPER…. I want to scream at my t.v. but it would only give me the headache. I so want the tide of backlash to hurry and grab OB by his scrawney neck and put him back under his rock in Chicago. I would love to turn on my t.v. and not have to see his bigearred face again or hear that voice. When GW Bush looks and sounds good to you, you know it’s bad.

    • 35 drkate October 28, 2009 at 9:21 am

      wow, isn’t that the truth. I think O’Reilly has his own problems, but all the media are bought it seems. But they know.

      the most astounding thing for me is learning that when information requests for the DNC legal counsel were sent, to find out who obama is, they responded “i don’t have to tell you anything’

      So these idiots ALL know. We have a usurper in office

  7. 36 madeleine7 October 28, 2009 at 2:32 am

    I also watched O`Reilly´s take on Orly Taitz. O`Reilly used to be good, not any more…… I think he is “running scared” – have always felt that alcohol ( he doesn´t drink now) got him into sexual escapades , and, that he is being black-mailed. In any case , he is giving Obama a “free ride….!!” The one to watch is Glenn Beck – he is quite fearless. Dr. Kate, I cannot thank you enough for this blog. I check in a couple of times a day. God bless – and God help America in what lies ahead.

    • 37 drkate October 28, 2009 at 9:23 am

      Thank you Madeline for your comments and support. I agree, and although Beck is fearless, he won’t touch the eligibility issue. That’s ok with me though, we have to get at this from so many different angles, we will all do our part.

  8. 38 alforhill50 October 28, 2009 at 1:37 pm

    drkate to me it’s like eating one of those tootsie pops. You have to chip away a piece at a time before you get to the good ole tootsie pop tootsie roll center. Um, Um, Um. Maybe soon we’ll all get there.

    • 39 Ali October 28, 2009 at 3:00 pm

      ugh, I’ve been pavloved. Whenever, I hear/see/read “um,um,um” — I hear “barack hussein obama, um, um, um” UGH — their programming seems to have worked lol.

      • 40 drkate October 28, 2009 at 5:40 pm

        lol. i can’t stand to see/hear anything about him. Notice how few pics I put of him in this blog? 😮

        lol, and those pics I do put in are probably photo shopped lolol

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