NATIONAL SECURITY DEMANDS A HEARING ON THE MERITS!
by John Charlton
(Oct. 27, 2009) — Attorney Mario Apuzzo, esq., announced this afternoon at 2:45 PM ET that the Plaintiffs in Kerchner et al. v. Obama & Congress et al.. have appealed their case to the 3rd Circuit Court in Philadelphia, Pennsylvania.
The Plaintiffs in the case are Commander Charles F. Kerchner, Jr., of Lehigh County, PA; Lowell T. Patterson, of Burlington County, NJ; Darrell J. LeNormand, of Middlesex County, NJ; and Donald H. Nelsen, Jr., Middlesex County, NJ.
The Appeal challenges the recent ruling of Judge Jerome B. Simandle, of the Federal District Court, in Camden, New Jersy, who recently dismissed the case which was brought against Barack Hussein Obama, aka Barry Soetero and the U.S. Congress., to force them to prove that he is constitutionally eligible to serve as President of the United States and Commander-in-Chief of the U.S. Military, as an Article II “natural born citizen.”
The suit specifically sought the publication of his original, vital records proving his citizenship and “natural born” citizenship status.
As many Americans already know, the Plaintiffs recognized that Obama was born a British Subject to a British Subject father; they further contended that Obama is still a British Subject/Citizen to this day since he has never renounced it.
Nevertheless his dual citizenship at birth renders him ineligible for office, since, as Apuzzo’s news release says:
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.
In his press release Attorney Apuzzo explained this important Constitutional issue:
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.
Finally Attorny Apuzzo described briefly the history of the case, and the ruling of Simandle:
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.
Attorney Mario Apuzzo can be reached at his blog: http://puzo1.blogspot.com/