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.
Kerchner argues that because the lower courts have dismissed the case without ever considering the underlying merits and facts, they have in fact decided important matters of federal and constitutional law that can only be settled by the Supreme Court.
Noting that the facts in Kerchner’s filings have never been disputed throughout the proceedings, Attorney Apuzzo points out that by law Kerchner’s arguments legally must be accepted as true. Recall that the only ‘defense’ Obama put up was to invent a strawman case to argue about standing and jurisdiction–thus there is no substantive legal argument refute any of the allegations made in the Kerchner lawsuit. The Obama ‘defense’ is an empty suit, just like the man-child himself.
National Security of the United States
Of the many fine arguments in this petition, I will focus on the national security argument for Attorney Apuzzo has deftly linked the case of LTC Terrence Lakin to the necessity of the Supreme Court’s review.
Petitioners’ claims involve the national security of the United States which is now vitally at risk. Because both the District Court and the Court of Appeals found that petitioners do not have Article III standing, those courts never decided the underlying merits of petitioners case.
Citing the lower Courts’ refusal to address the merits of the case, and its frivolous recommendation that Kerchner seek a legislative or political solution, the filings delineate that the 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
The answer to this question has direct implication not only for the protection of life, liberty, and property…but also for the national security of the United States…for who is allowed to wield the all and singular powers of the President and Commander-in-Chief of the Military is of vital importance to the preservation and survival of the constitutional republic…
Delineating once again the Framers intent, and citing John Jay and other historic information, the petition asserts that the reason for a ‘natural born Citizen’ as President was to provide a ‘strong check” on foreign influence making its way into our government and specifically in the Office of the President and Commander-in-Chief of the Military.
If the President and Commander-in-Chief is ineligible for those offices, both our civilian and military sectors need to know that as soon as possible. Whether he is legitimate is also vital in maintaining the proper chain of command in our military and in giving legality to all military orders that emanate from him.
Kerchner asks the Court
to take judicial notice of an affidavit filed by Lt. General Thomas G. McInerney in the court-martial proceeding of Lt. Col. Terrence Lakin who is currently in court-martial proceedings for his refusal to obey orders …on the grounds that Obama has yet to show that he is a ‘natural born Citizen’.
I am grateful to Commander Kerchner for inclusion of the Terry Lakin case in these filings, as it will help bring high level attention to this case of a soldier simply trying to honor his oath to protect and defend the Constitution from all enemies, foreign and domestic.
Some Final Surprises
The filings contain some additional reasons for the Supreme Court to grant the writ of certiorari, underscoring the extremely important and urgent need to address the issue of Obama’s eligibility:
- The impact of an ineligible President on the legitimacy and integrity of U.S. foreign policy;
- The need for the Court to take the case to maintain the proper balance of power among the branches of government;
- The need to protect the rule of law
- In the context of non-citizen permanent residence in the U.S., the number of illegal aliens, and the number of children in the United States born to alien (one or two) parents, the Nation needs a definition of ‘natural born Citizen’ for future presidential and vice presidential elections.
And the best surprise of all? Try this:
We respectfully request that pursuant to 28 U.S.C. Sec. 455 (a) and (b), Justice Sonia Sotomayor and Justice Elena Kagan should recuse themselves from having any involvement or deciding any issues in petitioners’ petition to the Supreme Court in which they are challenging the legitimacy of the putative President Obama, the government official who appointed them to their offices. The validity of their appointments can be questioned should Mr. Obama be found not eligible to be President which could cause them to lose their appointment in which they have a financial interest.
Stay tuned. This is the hour we have been waiting for, as all of our other efforts are beginning to culminate in a massive push to expose and remove the usurper. The outcome of this case, and the LTC Lakin court-martial, will be signals for our next steps.