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by John Charlton

(Oct. 21, 2009) — Moments ago, Commander Charles F. Kerchner, U.S. Naval Reserve (Ret.) issued the following statement — exclusive to The Post & Email — in response to Judge Jerome B. Simandle’s dismissal of his case:

The monarchy/federal government has now spoken, with the complicity of the Main Stream Media and the major political parties and their respective party leaders — but especially the Progressive Caucus members of the DNC and their cohorts and sycophants and other Marxist supporters of Obama — has now placed “We the People” in the proverbial Catch 22 position.

Congress told the People it was up to the Courts.  Now the Federal Court system which is supposed to be the guardian of the Constitution tells the We the People it is up to the Congress. And even worse, the federal court in my case just told the People that as long as the Congress and the Executive Branch usurp and ignore the Constitution in such a way as to injure all Citizens and everyone in this nation equally, it is quite OK with them and they will not intervene to protect the Constitution or We the People.

What a disgraceful point of view and decision!

What’s next, for Obama or the DNC-led Congress to usurp the 1st Amendment and 2nd Amendment rights of We the People? and then the Courts will tell us that we were all injured equally so we have no standing to redress it and we lose our freedom of speech and our right to bear arms?

This is unbearable to hear these words from the court. As the arguably greatest U.S. Supreme Court Chief Justice John Marshall’s word said in the past, to not hear these constitutional questions is treason to the Constitution. http://www.scribd.com/doc/21219344/

We need to throw everyone in the Congress out in 2010 who is enabling this travesty to continue. And as to the Main Stream Media and the Courts, they should be ashamed of themselves for what they are doing to this our Constitutional Republic and nation.

We’ve lost a skirmish or battle.  Now on with the war in the higher courts! We are absolutely going to appeal this disgraceful and cowardly decision by our federal trial court in NJ.

Charles F. Kerchner, Jr.

Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress

Subsequently, at about 7 PM ET, Kerchner released this press release:

21 Oct 2009

Kerchner v Obama & Congress lawsuit update and today’s decision to be discussed tonight on the — The MommaE Radio Rebels Talk Radio Show – BlogTalkRadio – 8:30 PM EDT, Wednesday, 21 Oct 2009.  See this link for more details and a direct link to the show to listen live or later via pod cast.


The decision issued today by Judge Simandle of the federal court in Camden NJ was a disgrace and a usurpation of the inalienable rights of We the People to hold our government accountable. We the People are the Sovereign and we retain the inalienable right to demand our government follow the Constitution under the 9th and 10th Amendments. But the courts have chosen to not listen and take the case. According to this Judge’s ruling today if the Executive or Legislative branch does something that injures all the People and that usurps the Constitution and violates it and injures all the People in common, there is nothing any one citizen or one group of citizens can do about it until the next election. So in effect he is saying throw the Constitutional rules out and let the rule of the simple majority in an election rule the day as to what is Constitutional and what is not. This is a disgrace and in the words from the past from Chief Justice Marshall, treason to the Constitution.


If this decision holds on appeal we have lost our Constitutional Republic and the Sovereignty of We the People. The USA as we have known it for more than 200 years will be history. And even worse, we may be in the final days of a Marxist take over of our country via the DNC leadership held by the Progressive Caucus in Congress totally ignoring normal parliamentary procedures and the U.S. Constitution to railroad through socialist agendas under the leadership of their Usurper Putative President Messiah, Obama, with the willing complicity of the Main Stream Media.

More on my view of the Sovereignty of We the People.

More discussions and my opinion about this disgraceful and cowardly decision today by the federal court in NJ will be made during tonight’s show interview. Please stop by and join us and ask questions of both myself and my attorney.

Charles Kerchner
Lead Plaintiff
Kerchner v Obama & Congress

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  1. Where are Leo D. and Teri K?

    Their blogs have been dormant since the 19th and 18th respectively?
    Mr. Charlton replies: Terry’s blog was attacked by Hawaiian nationalists, and Leo is preparing a lawsuit and needs to do that in silence.

  2. We don’t need a court to inform us that O is not a natural born citizen. We already know that by his own admission.

    What we do need are lawyers to go after the real person responsible for this crisis:

    Nancy Pelosi.

    Is Nancy Pelosi, who was running the DNC when this fraud was placed on the ballot, the de facto president?

    Obama cares about graft, and running around trying to get the Olympics at a huge shady profit. Does he care about socialized health care, which BTW is destroying his mystique and credibility?

    Or does a flower power San Francisco radical congresswoman care?

    What a position Mrs. Pelosi has placed herself in. If her stooge doesn’t do her bidding, she, as Speaker of the House, has it fully in her power (with evidence in tow) to impeach, disgrace, destroy, and incarcerate him.

    Think about that. That is all in her power. She has that power.

    Here was a woman who after the 2006 elections was put in the Speaker’s chair. But to what effect? With Bush in office, and the likely prospect of her enemy Hillary Clinton as President, she was going nowhere fast. Then lo and behold, here comes this nobody. A total zero. Who isn’t qualified. She signs the papers that makes him “qualified”. She makes him speak before congress to promote the unpopular health care bill. Joe Wilson screams “you lie”—and she punishes him. Obama didn’t care about Wilson. He was lying! But Mrs. Pelosi cared deeply.

    It’s all about Mrs. Pelosi. It’s all about election fraud. Birth certificate is irrelevant. It’s public knowledge that he is not qualified.

  3. It is apparant all the judges at the District level don’t have the guts to take this on so they kick the can upstairs to the Appellate and Supreme Courts should Plaintiffs decide to appeal.

    On another note regarding subject matter jurisdiction, why doesn’t Kerchner, along with their appeal, file a quo warranto action in DC?

    According to Donofrio, there are no standing issues in DC.

  4. Maybe we should put out a “want ad” for a US district court judge willing to live up to the oath they took to protect the Constitution instead of protecting the usuper.

    Did you all see Bo Dietle on the Imus show go ballistic? He had a copy of the story from The Standard news paper from Kenya from 2004 declaring Obama Kenyan. He was vibrating he was so upset. Hard to believe he just now found out Obama is a foreigner after more than a year of this being litigated. He owns an private investigation business in New York City area. I hope he investigates Obama.

  5. The Judge’s logic smells putrid: since Obuma’s fraudulent election hurts everyone, no one can petition for redress of grievance? Maybe that is a sound legal position–Leo Donofrio would probably agree with it–but it seems absurd on its face and entirely contrary to the plain intent of the Constitution. But it appears our Founders’ intent has no relevance in Wonderland.

  6. Thank you for this exclusive.

    I am writing a post on this as we speak and would like to quote the first two paragraphs of Mr. Kerchner’s remarks, with full attribution to you and this blog as an ‘exclusive’. My blog is


    Thank you for your consideration.
    Mr. Charlton replies: Go ahead Dr. Kate, and likewise to any other patiot blogger.

  7. Paulajal “Court admits it is powerless against politicians!”
    which makes it totally useless. Think of the money the government could save by just doing away with the courts completely. Is that the governments/politicians next move?