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TWO COMPROMISED JUSTICES FAILED TO RECUSE THEMSELVES AS THEY SHOULD HAVE TO ALLOW FOR A FAIR REVIEW

by Art Wehling

When the judicial, legislative and executive branches have abandoned it, who is left to defend it?

(Dec. 1, 2010) — How many times have you heard, “ The country has its faults, but it’s still the best country in the world” …… Oh, really? And what country would we be talking about?

The Supreme Court’s decision to deny the writ of certiorari in the Kerchner vs Obama & Congress case has my head spinning! I don’t know what to think anymore. I don’t know what to believe. As a veteran, I took a lifetime oath to protect and defend the Constitution, but now, I question myself as to whether or not I still want to do that! Why should I? This is no longer the same Constitution as envisioned by our Founding Fathers! It’s been hijacked, corrupted, twisted and translated into something I certainly no longer recognize, so why would I want to protect and defend something I no longer believe in?

I could have lived with the court’s decision simply to deny, but Justice Kagan’s and Sotomayor’s failure to recuse themselves once again just throws a great big middle-finger salute to Americans. How long can this arrogance continue? It’s quite obvious that we’re not getting any support from any form of media. And it doesn’t appear we have anybody in Congress who’s doing anything; after all, they’re all just trying to cover their own backsides. Did you notice that the only politicians who were threatening to challenge Obama’s eligibility were those who were running for office and none who were actually in office?

Ever since the Supreme Court’s decision, I can’t seem to get the words of JFK out of my head, “Those who make peaceful revolution impossible will make violent revolution inevitable.” I think we have just about reached the straw that broke the camel’s back. It’s rumored that Mr. Apuzzo and CDR Kerchner have spent over one million dollars attempting to resolve this issue peacefully, not to mention the costs incurred by Dr. Orly Taitz, Philip Berg and others who have relentlessly bulldozed litigation forward against every obstacle put in their path. How many peaceful resolutions are left? How much longer will the average American sleep before he’s awakened not by a subtle nudge of discontent, but the thunderous reality that America has slipped from Freedom’s shore and is sinking beneath the waves of Socialism while they were sleeping? Will it be too late? Is it already too late?

I must assume, and may God Bless them ALL, that Mr. Apuzzo and the others will continue the fight, and I pray that they do. I also pray that God knows exactly what he’s doing and this little misstep is really just backing Obama deeper into a corner. I have to believe that or else I’ll go crazy! The blatant disrespect for the rule of law has got me into such a dizzy I don’t know when I’ll recover.

All we can do is keep the faith and know that the judgment day is definitely coming. I have no idea in what form it will materialize, hopefully peacefully, but if it turns into a revolution, there is no one to blame but the Obama regime.

For God and Country

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NUTN2SAY
Thursday, December 2, 2010 12:38 PM

Just one question. Why does it seem to be so impossible for the people on this website to get mobilized and then organized to enact a CLASS ACTION PETITION FOR THE REDRESS OF GRIEVANCES?

Thursday, December 2, 2010 9:45 AM

When Mack and I were being seperated and questioned by the goons at the Pentagon the question was posed by my interviewer …”So what do you expect us to do about this”? (this was on June1st of 2009 when we were serving the American Grand Jury Presentments to the Joint Cheifs)
I reminded him about the recent action by the Military in Honduras (where the military removed the President for un/extra Constitutional acts).
I knew, at the time, there would be no redress allowed in any other venue so this would be our best shot. Now we find out that LTC Lakin is being denied discovery because it might “embarass the president”. The whole courts marshall process now has no civilian oversight and they, in turn, are more willing accomplices in this crime of the century.
So I ask, if the courts won’t resolve this, if CONgress won’t resolve this and if the Military won’t resolve this, whose shoulders will resolution be on? The answer is simply, YOU.

I still see many who are of the mind set that lawyers and legislators will resolve this issue and can’t begin to imagine how or why they remain so deluded.
The courts are corrupt, CONgress is inept and corrupt, The Military likes not having any oversight so they are corrupt and the money, from Banksters flows to all of them which means they are corrupt. Let’s not remove the complicit Media from all this since they and they alone could have resolved this from the very beginning but instead choose to continue the lie. Yes, they too are corrupt.
I have been interviewed/harassed by the Secret Service and the FBI and in the process gave them the crimes we all know have been committed. They too have ignored our request which makes them what? You got it, CORRUPT!!!
So there you have it. Every peaceful means of redress has been done and summarily dismissed.
MacPUBLIUS is 100% correct. Until and unless we use overwhelming force nothing will change and this foreign and alien form of government will continue, unabated, in its march toward the final destruction of this once great and proud Nation.
As a Gunny SGT once said:
You, you and you PANIC! The rest of you, come with me!

Reply to  Carl Swensson
Thursday, December 2, 2010 7:16 PM

Ask yourselves a couple of basic questions:

1) If the Citizens of our Republic “have no standing” in our legal system then what kind of government are we living under? A. Oligarchy B. Monarchy C. Dictatorship D. Democracy

2) If the Constitution of our Republic is repeatedly usurped and rendered impotent by the President of the United States and his minions then what kind of government are we living under? A. Oligarchy B. Monarchy C. Dictatorship D. Democracy

3) If the Legislative Branch of a Republic passes unconstitutional laws that are oppressive and unrepresentative of the Citizens they represent then what kind of government are you living under? A. Oligarchy B. Monarchy C. Dictatorship D. Democracy

One final question. Have you read the Declaration of Independence lately? If not, may I recommend that you do so.

http://www.archives.gov/exhibits/charters/declaration_transcript.html

NUTN2SAY
Reply to  MacPUBLIUS
Thursday, December 2, 2010 11:51 PM

revolution, Revolution, REVOLUTION! I say that people ought to get together and file the “CLASS ACTION PETITION FOR THE REDRESS OF GRIEVANCES” that is provided for us in the 1st Amendment. IT HAS NEVER BEEN TRIED BEFORE AND I AM GETTING SUSPICIOUS AS TO WHY THIS CONSTITUTIONALLY PROTECTED LEGAL PROCEDURE SEEMS TO BE DELIBERATELY AVOIDED! Then if that fails….revolution, Revolution, REVOLUTION!

jtx
Thursday, December 2, 2010 9:26 AM

For those not aware of the comparative track records of Mario Apuzzo and this character Sullivan who keeps disputing and attempting to disrupt on many of the Flying Monkey sites, Mario’s site is readily available and obviously supports the United States Constitution.

The Sullivan guy has been an attorney for the ACLU as well as the Gitmo detainees. Sort of makes ya’ proud to know that attacks are coming from those who defend the very terroriosts that attack us with serious weapons. Apparently Sullivan thinks that he should nor add words and disinformation to the explosive/overtly killing sort of weapons.

Is that your kind of guy??? Not mine!!!!!

AuntieMadder
Reply to  jtx
Thursday, December 2, 2010 1:12 PM

“The Sullivan guy has been an attorney for the ACLU as well as the Gitmo detainees.”

And now he spends his time trolling the ‘Net, disputing and disrupting discussions on Prezdint Jack***’ ineligibility and using his blog to spread disinformation (read: lies) on the issue and to attack Apuzzo and others who are fighting on the side of the US and the Constitution.

Hmmm…I’m not saying he is or isn’t one, but Sullivan certainly fits the profile of a paid propagandist and Internet troll.

tfb
Thursday, December 2, 2010 4:54 AM

Over 30 vetted sources state Obama was born in Kenya.
Kenyan Ministers Orengo & Khalwale say Obama “born in Kenya” – “not native American” – “should repatriate” himself to Kenya.
Printed in: 16 Aug 2010 issue Washington Times National Weekly – pg 5 Orengo and Khalwale are both presidential cabinet
level ministers of the Kenyan government. Further there are 6 published references in the Kenyan Parliamentary records (official)
that Obama was born in Kenya. Also, 13 vetted publications, including NPR state that Obama was born in Kenya. His wife
said so thrice, on camera, as did his grandmother, who said she was in the same room when he was born, and she said so at least
three times to interviewers, and so did Bill Richardson (said Obama was an “immigrant”) and so did the Ambassador from Kenya.
Hawaii has refused to verify the COLB published on factcheck per theirown laws (HRS §338-18 HDOH), they are
REQUIRED to verify ANY DOCUMENT purporting to be a vital document of Hawaii, obama’s isn’t private, it’s been published…
and if you don’t believe that call (808) 586-4304 or (808) 586-2702 and ask them if they verify that the factcheck and
fightthesmears COLB is legitimate. Cite the law, pay the fee — they haven’t and they won’t. They cannot use privacy as
any reason since the cOLB is already published. Further, the COLB is a proven forgery, proven so by court vetted forensics
document experts. The certificate number is out of sequence compared to known births. The COLB says father was “African”
but the only accepted terminology then was “Negro”. It’a a sloppy photoshop compilation using incorrect forms, borders,
fonts, language, certificate number. It has been altered nine times since first “revealed” The Hawaii Attorney General
refuses to corroborate the COLB or any statements about it. Linda Lingle deftly avoids saying she actually saw it herself.
Janice Okubo from DOH said she couldn’t be certain WHAT the COLB was. And Fukino said she’s seen records on file
verifying Obama was born in Hawaii, but what she is referring to Obama’s APPLICATION for a birth certificate that’s on file.
Fukino is Obama’s biggest liar in Hawaii, she states Obama was born at Kapiolani hospital, no Hawaii hospital has no record of
himself or his mother ever being patients there, and since she “revealed” this piece of information, Hawaii law says she had
to have had Obama’s permission to do so, so again there is no more privacy issues. The Hawaii Democratic Committee which
is required by Hawaii law to attest to candidate eligibility per the Constitution,refused to do so, that’s why Pelosi
stepped in to sign off for him, but she used zero documentation to do so. Go ahead, call Pelosi’s office and ask her
staff “what documents did Pelosi use to vet Obama’s qualifications?” (202) 225-4965 It’s hilarious what you’ll get,
either yelled at, screamed at, phone slammed, or transferred to voicemail comment line. And what’s 100% unchallengeable,
is that all COLBs in Hawaii that are legitimate state at the bottom they are “accepted by registrar”. What you
are looking at with Obama’s COLB is a digitized forgery of an APPLICATION, which has been “filed”! Tim Adams, Honolulu
Chief Elections Clerk testified that Obama has zero documents from Hawaii.
Now the Congressional Research Service in writing admits that Obama was never vetted by Congress, as was McCain. This
means Obama fails the 20th amendment and is not a legal president at all, just an installed usurper as Edwin Vieira, Ph.D.,J.D.
Full Constitutional Law Professor, Harvard Law School, wrote way back in August of 2008.
Obama is not even a US Citizen, AT ALL. Even though married to Michelle, he never naturalized, so he’s still an Indonesian,
and THAT’S IT. He was born British, in Kenya, and was snuck into the USA at various times, and became an Indonesian citizen.
That’s all he still is.
The US courts are goners
every american, even those killed by obama’s ineligibility, injured by it such as fellow candidates like alan keyes
have been deemed to have “NO STANDING” (except for keyes, he had standing but carter wimped out–corrupt or threatened)
you are foolish to rejoice over this even if you support leftwing obama
scotus admits evasion of their obligations, thomas admitted it on tv, roberts is a tool
this is maniacal
not never even under slavery or the worst gov’t on the planet, have every single citizen been denied standing
obama is in protective custody against the truth, for all of them know he’s failed article ii, 20th amendment, and he’s not even a us citizen
nothing in this nation’s history touches this
if obama remains, he will do so for his lifespan like kim jung il

Thursday, December 2, 2010 2:22 AM

I left the following comment for Col. Dwight Sullivan at his blog, http://www.caaflog.com/2010/11/28/this-week-in-military-justice-28-november-2010-edition/#comments

Col. Sullivan has taken some liking to attacking me for some unknown reason. I do not know him but nevertheless he feels as though he has to do what he does.

“Mr. Col. Sullivan,

You seem to have some special knowledge of how the Supreme Court decided the Kerchner Petition for Cert. Your opinion is that Justice Sotomayor and Justice Kagan did not have to recuse themselves because as you say the respondents waived their right to oppose the Petition and the Court did not ask for any response which you then say converts to the case never making it to any discuss list and therefore the Court not even discussing and voting on the case. You then add that all this means that there was no need for Justice Sotomayor and Justice Kagan to recuse themselves because they had no type of involvement in deciding the Kerchner case.

First, I find all your information rather interesting because what you are basically telling me is that none of the Supreme Court justice decided the Kerchner case but rather it was decided by the law clerks.

Second, may I ask you for your insight on how you would distinguish the Kerchner case from other cases decided by the Supreme Court and appearing on the same order list of 11-29-10 which had basically the same procedural posture as the Kerchner case (respondents waived their rights to oppose the petitions and there was no call for responses by the Court) except for Justice Kagan and/or Justice Sotomayor recusing herself/themselves in those cases. These cases are: 10-560 (Kagan), 10-7129 (Kagan), 10-7163 (Sotomayor and Kagan), 10-7231 (Kagan), and 10-7268 (Sotomayor). I will appreciate hearing from you.”

I will be anxiously waiting for Col. Sullivan’s response.

Mario Apuzzo, Esq. ”
+++++++++

To the Post & Email and Members,

Thank you to all who have supported and continue to support Commander Kerchner, the other plaintiffs, and me in our efforts to enforce and bring honor to our Constitution and Nation.

daverg
Wednesday, December 1, 2010 11:04 PM

mccain and palin
would have standing
but the former is a RINO wimp born in Panama and the latter wouldn’t know a natural born citizen if it fell in their lap.

We have just seen the constitution changed without the req’d 3/4 states approval.

Remember in 2012
vote the OBOTS out
then vote out ALL the judges they appointed.
After years of liberal judge appointments the road ahead is difficult.

AuntieMadder
Reply to  daverg
Thursday, December 2, 2010 8:02 AM

Palin knows what a NBC is. If you can think past your Palin Derangement Syndrome long enough, you may recall that the McCain campaign wouldn’t allow her to bring up any of the opposition’s many negatives and that since the election, Palin has at least gone on record saying that the eligibility discussion is valid (even if she hasn’t gone on to actually discuss it).

By the way, Alan Keyes, who was a nominee for the DNC, was the first to file suit. He was denied standing.

Wednesday, December 1, 2010 9:50 PM

We must restore our constitution and our judicial system or we will go the way of the Roman Empire. Once again, I can see only one remaining means of peaceful resolution to our grievances.

As a former war planner and bomber pilot for the USAF, I can tell you that the concept of “overwhelming force” is a tactic used to move the opponent off the offensive and put him on defense, thereby gaining a decisive advantage. Overwhelming force can also be defined as overwhelming numbers giving the appearance of overwhelming force i.e., tactical deception…a battalion of cardboard tanks from the air still looks like a battalion of real tanks from a distance until closer inspection, right?

So what if 5 to 10 million people descended on the federal cesspool we call Washington DC and committed to staying there until the problem leaves? A similar movement has already been done successfully in the Philippines to remove a tyrannical dictator by a movement they dubbed “people power”. Read about the EDSA Revolution of 1986 that removed Marcos from power after 14 years of martial law. At the very least if we do this it will slow down or stop our runaway government from doing more damage to the people. It would probably keep Barry off the basketball court and might even make Nancy P. cry some more. ;) But… (always a but) it must be peaceful! I therefore propose we call it Operation We Shall Overcome. Unlike narcissistic Barry and delusional Nancy, we know the words to the song.

Start here: http://en.wikipilipinas.org/index.php?title=EDSA_Revolution_of_1986

Remember, the lessons of history teach us what does work as well as what doesn’t. MP

Papoose
Wednesday, December 1, 2010 8:29 PM

Collusion in the first degree.

Its a sad State of Affairs.

At the very least, we know. We are aware. That in itself is a gift.

Will we be the munchkins dancing in the streets when the house falls from the sky on top of the wicked Witch of the East? Is there really such a thing as a pair of ruby slippers?

We are the extras in an Epic of colossal historic proportions. We have seen it all before. And now here we are begging for justice.

Why? To what end? Who will defend the “youth” when we are gone?

NUTN2SAY
Wednesday, December 1, 2010 7:19 PM

The people who read and right on this website know what the Founding Fathers meant by Natural Born Citizen. But your three branches of government continues to deliberately refuse and disallow you to just merely talk about this sad situation with them. Your three branches of government have turned a deaf ear to you and your U.S. Constitution! I would suggest that they are saying to you …..you are not worthy! It is us, your three branches of government who decides who is and who is not to be worthy around here! You ain’t it! Obama! We like Obama who has the non-citizen father! We will talk to him. But you….nope! Who in the hell do you think you are?

Can we talk “CLASS ACTION FOR THE REDRESS OF GRIEVANCES” now? You know, that thing that the Founding Fathers gave for us to use in cases like this. It’s Constitutionally Protected you know? A “Class Action” redress for grievances has yet to be tried! If there are people who are true to their words about this out of control government machine then I would think it’s time to start talking about a genuine “CLASS ACTION PETITION FOR THE REDRESS OF GRIEVANCES” because if you are unable to participate in a discussion of this nature then you are just blowing hot air when you say you care about the future of America!

kenneth
Wednesday, December 1, 2010 6:51 PM

Not sure but since it seems that there will be no justice for US citizens and the courts are apparently closed to them I am getting close to the opinion that revolution is the only way left to us.
Congress has already more or less extended their collective middle fingers and now supreme court what is left?
I do not think the Republicans taking over is going to help, to many that were in office and done nothing are still in office!

Jedi Pauly
Wednesday, December 1, 2010 6:43 PM

Once everyone wakes up and realizes that the office of President is a political right and our political rights are Natural Rights that come from the Laws of Nature as an endowment called LIBERTY that our founding fathers declared was a self evident truth and that the war of 1776 was fought and won so that our fathers could create sovereign citizen children and hand down to their children American FREEDOM as U.S. citizens, then everyone will realize what “natural born Citizen” means. It only means a native SOVEREIGN Son who was created by a citizen father. That is why “Citizen” is capitalized as a PROPER NOUN, and later daughters were added with the 19th Amendment. “natural born” just means that your father was a citizen. It makes no difference about your mother or where you are born because those issues are decided by statutes, not Natural Laws, and Article II takes care of any allegiance issues due to your mother or foreign soil by requiring you to move back to the U.S. and claim your U.S. citizenship rights guaranteed by your father and you must live in the U.S. for 14 years. That severs your foreign allegiances and reestablishes your loyalty to America. WAKE UP PEOPLE!

It does not require a statute to adjudicate the natural political rights and citizenship when you have a citizen father. We inherit our sovereign freedoms and political rights from our citizen fathers, not our mothers and you don’t even inherit natural rights from soil at all, you get them from other humans. Your mother and U.S. soil can not be used as a pathway to the office of President because neither one can prevent foreign titles of nobility from attaining the office of President and thusly open up the office of President to foreigners and Royals who could then create a Monarchy form of government. Read the Declaration of Independence and Vattel. They support only your father and soil and your mom are irrelevant. Once you wake up to this fact of law then it should be a simple matter to sue all those who conspire to enslave you into involuntary servitude (that means slavery in case you do not understand what involuntary servitude means) to Congress and the Courts with false laws signed by a false President. Just use Title 42 section 1983 and the related sections to remove those individuals that are committing fraud and crimes and who are creating a personal injury to you. No one has yet done this. People are willing slaves to ignorance and apathy. Americans like their slavery.

As soon as you are all serious and are ready to follow my lead and free yourselves then contact me and we will get the job done together. Jedipauly@gmail.com

hapaa
Wednesday, December 1, 2010 6:12 PM

None of the Justices recused themselves for Bush vs. Gore either……and they were appointed by his daddy…….this is not unusual………now every court in the land has agreed that the court system is not the place to determine presidential elligibility…congress is….ACCORDING TO THE CONSTITUTION. If you believe in the rule of law and the Constitution, you’d agree.

NUTN2SAY
Reply to  hapaa
Wednesday, December 1, 2010 8:15 PM

Yes! But no other case in the past was specifically directed at the president’s eligibility. Those judges should have had the decency to recuse themselves! But it doesn’t matter….serving justice to the people was not on the SCOTUS agenda!

IONU
Reply to  hapaa
Wednesday, December 1, 2010 11:27 PM

Even if Sotomayor and Kagan had recused themselves, it wouldn’t have mattered. We all know how Kennedy, Breyer, Ginsburg voted, that leaves Roberts, Thomas, Alito and Scalia to vote for cert. One of these four voted Nay. Thomas made the “we are punting the eligibility issue” comment but my money is on Roberts. I think he’s “dirty”- remember the private meeting with Obama 6 days before the inauguration? That had an air of impropriety to it, since there were lawsuits with Obama as defendant pending before SCOTUS. Even though it was dismissed as a traditional “courtesy call” it didn’t pass the sniff test. And then came the oath of office goof which led to the repeat oath administered privately in the WH.

All three branches of government are complicit in the greatest fraud in our nation’s history.

AuntieMadder
Wednesday, December 1, 2010 4:45 PM

“I could have lived with the court’s decision simply to deny, but Justice Kagan’s and Sotomayor’s failure to recuse themselves once again just throws a great big middle-finger salute to Americans.”

Well, I would have been every bit as upset as I am over the denial if Kagan and Sotomayor had recused themselves. As it is, I’m upset over the denial and, to add insult to injury, have been flipped off by the two radical newbies of the SCOTUS.

“Did you notice that the only politicians who were threatening to challenge Obama’s eligibility were those who were running for office and none who were actually in office?”

Weren’t they all running as Independents as well, with not one running as a Demonrat or Republican? In other words, they weren’t part of either political establishment party, of which members from either stay clear of the ineligibility issue.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I am sickened and saddened over the SCOTUS’ denial to hear Kerchner’s case. I want Kerchner and Apuzzo to know that I’ve been following their case for at least the last year and have been rooting for them.

I read at the Apuzzo site daily but never comment there because, while they’ve much to teach me and the rest of us, I’ve nothing to offer in return; their knowledge of the topic is light years ahead of mine.

Still, of what I’ve read and understood about all the cases, theirs had the most potential to be heard on its merits. It was so well put together and so well stated by Apuzzo, I believed it would be heard, even if I did suspect that it was in the fix by The Powers That Be to lose.

I’m in a state of disbelief, still not having wrapped my head around the SCOTUS’ denial to hear it. Dismayed and sad…How, in this country, could Kerchner, with such a strong and well stated case, not have at least the opportunity to be heard? Wehling is right; our country is gone. Dismayal, sadness and disbelief…

California Birther/Dualer/Doubter
Wednesday, December 1, 2010 4:32 PM

Well said, Art. It sure is bewildering what is going on, as if it’s suddenly passe to abide by the Constitution. Not having Kagan and Sotomayor recuse themselves from deciding this matter when they clearly had a vested interest in the outcome of it is a blatant slap to the senses. Hopefully what is happening is that this whole thing is snowballing into something that is going to smash this whole racket into little bitty pieces. Then, and only then, will the usurper go back to the roots of his mother, in Fort Leavenworth, Kan., home of one of the finest incarceration facilities in the nation.

Larry M. Meyer
Wednesday, December 1, 2010 4:22 PM

So, Patriots. Ponder this: As the result of POTUS Puking on the Constitution and issuing a “NO Opinion”, thereby Ignoring and Dismissing Article I and the Clauses create one of the Following: An OLIGARCHY, A TOTALITARIAN STATE, A Monarchy or an ANARCHY??!!
IF the Highest Court of the land Cannot/will not follow the “Law of the Land” that is 234 yrs. old~~Then the above question deserves an Answer!!