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.
Another Court statement that shows they do not understand, appreciate, or take seriously the injury suffered by this injustice, is explained by attorney Apuzzo:
On the standing issue, the Court found that the plaintiffs did not establish that they suffered an “injury in fact.” They said that the injury that plaintiffs allege is like that of Philip Berg’s and is not concrete or particularized enough to satisfy Article III standing. They found that these injuries are “too generalized” for Article III courts. They added that plaintiffs’ injuries are not “concrete and particularized” because they are “harms that are suffered by many or all of the American people.”
What part of Article III jurisdiction do they not understand? And do they think we are stupid and don’t know that ‘standing’ is a judicial invention?
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. Article III, U.S. Constitution
Even giving a little room for Obama’s intimidation of judges and their families, or their political careers threatened, this obtuse reading of the case is unacceptable. And the use of standing to avoid the issue is also unacceptable. Adding the charge of ‘frivolous appeal’ is just plain arrogance.
Is it time yet for the “Jail for Judges” program? Or better yet, why should we keep paying these people to ignore the Constitution?
Not Off the Hook
These so-called ‘judges’ can now be legitimately chastised and publicly scorned for their obvious incompetence and inability to uphold their sworn oath. Their obtuseness threatens our country.
As we think about removing the usurper via the Stop them Cold action, I believe it important to organize action outside specific courts as well. Signage must be organized and effective to get the point across. These judges are entitled to no more respect than a fly on the wall, as their so called ‘objectivity’ is now clearly destroyed by their own hand.
Commander Kerchner is not done:
The court has presented us for the weekend celebrating the birth of our nation, and the liberty and freedom it once stood for as a shining beacon to the world, with a despicable example of what our government has turned into. Our branches of government no longer wish to hear from the People. We are to sit here and take it and just keep quiet. We will not.
The founders and all the men since who have sacrificed with their blood and even their very lives to gain and preserve our liberty and freedom will not have sacrificed in vain. We have lost a battle but not the war. We will stand to fight this battle to support and defend the Constitution. I took an oath to do so. And that oath was not just words to me. The battles will continue. And in the end the truth and the Constitution will win and the thugs and tyrants now controlling our government will face the justice of We the People who are the true sovereigns of this nation and government. These usurpers and thugs and their enablers will learn a lesson in the coming months and will be shown before the bar of justice of the People and in history for what they really are … power hungry tyrants, thugs, and deceivers. This war will be won by We the People. So help me God.
“Now is the time for all good men and women to come to the aid of their country.”
(this is not a typing exercise anymore!)