Judge Who Attempted to Sanction Obama Eligibility Attorney on List of Supreme Court Nominees


by Sharon Rondeau

Third Circuit Court of Appeals Judge Thomas Hardiman

(Jun. 27, 2018) — On Wednesday’s “Hannity” opening monologue, a list of judges on President Trump’s list to replace retiring Associate Justice Anthony Kennedy was presented in a fast-running backdrop.  A complete list can be found here.

Kennedy’s retirement, announced earlier on Wednesday, immediately spurred discussion as to who Trump might nominate to his seat.  Constitutionally, all potential cabinet members and federal court nominees must be confirmed by a majority of the U.S. Senate.

The Senate currently consists of 51 Republicans, 47 Democrats, and two Independents.  In November, one-third of the chamber will face re-election or replacement.

Sen. John McCain (R-AZ) is unlikely to cast a vote, as he has been absent from the Senate for several months due to serious illness.

At present, minus Kennedy, the Supreme Court contains what many view as four “liberal” justices and four “conservative” justices.  Kennedy was often referred to as “the swing vote,” as the way he would opine on any given issue could not always be discerned in advance.

Early last year, Trump nominated Tenth Circuit Court of Appeals Justice Neil Gorsuch to the high court.  Gorsuch’s seating has been touted by Trump as one of his greatest accomplishments thus far.

One of the names on the list of potential picks is Sen. Mike Lee (R) of Utah, while another is Thomas Hardiman, who was reportedly on Trump’s “short list” of contenders when Gorsuch was chosen.

Hardiman currently sits on the Third Circuit Court of Appeals and was one of a three-judge panel which rejected as “frivolous” an appeal in a case dealing with the issue of presidential eligibility stemming from the election of Barack Hussein Obama in 2008.

The appeal, submitted by plaintiffs’ attorney Mario Apuzzo of New Jersey, consisted of a 95-page brief challenging a lower court’s finding that the question of presidential eligibility is a “political” one.  The U.S. District Court had also found that the plaintiffs in the case, Kerchner, et al v Obama & Congress, et al, did not have legal “standing” to demand that Obama prove his eligibility to hold office.

Article II, Section 1, clause 5 of the U.S. Constitution imposes three requirements for the president:  that he have resided in the country for 14 years; that he be 35 years of age or older; and that he be a “natural born Citizen.”

In an interview in February 2017, Apuzzo told The Post & Email that the three-judge appellate panel’s opinion was shocking in that “neither the lower court nor opposing counsel had argued that the plaintiffs’ position on what gave them standing was frivolous.”  The panel further ordered that Apuzzo submit a brief responsive to the court’s Order to Show Cause as to why he should not incur financial sanctions for having filed the alleged “frivolous appeal.”

On July 22, 2010, Apuzzo reported that the panel abruptly withdrew its Order to Show Cause on the basis of “Mr. Apuzzo’s explanation of his efforts to research the applicable law on standing.”

An appeal to the U.S. Supreme Court for a hearing on the merits was ultimately unsuccessful, as occurred with dozens of lawsuits challenging Obama’s eligibility during his first term in the White House.

Questions as to Obama’s “natural born” status arose in 2007, shortly after he announced his presidential candidacy and in light of a number of mainstream media reports stating that he was born in Kenya or Indonesia.  The origins and  bases of those reports, many of which were later changed to say Obama was “born in Hawaii,” have never been explained.

At the time Apuzzo’s case was active, a “Certification of Live Birth” posted on several websites in June 2008 was said to be the only available proof of Obama’s alleged birth in Hawaii.  However, in April 2011, after months of public pressure from Donald Trump, the White House released what it said was a scan of a certified copy of Obama’s “long-form,” or more detailed, birth certificate.

Within hours, the image was declared a forgery by experts, and an ensuing five-year criminal investigation carried out by a former detective concurred with those findings.  Further, in December 2016, investigator Mike Zullo declared at a press conference that two forensic analysts, each approaching the long-form birth certificate image from a different discipline, reached the same conclusion.

Another question regarding whether or not Obama is a “natural born Citizen” involves his claim to a father who  was never a U.S. citizen.

The Obama eligibility issue remains untouched by the courts, while the origin of the birth certificate forgery has never been probed by Congress, the FBI or the Secret Service to the public’s knowledge.

This story was updated at 7:32 a.m. on June 28, 2018.

11 Responses to "Judge Who Attempted to Sanction Obama Eligibility Attorney on List of Supreme Court Nominees"

  1. JONATHAN DAVID MOOERS   Sunday, July 1, 2018 at 8:44 PM


    On Hannity Show 6-29-18, at about12:25 mark, Judge Jeanine asks, “WHEN ARE WE GOING TO SEE JUSTICE?”


    STOP the fail time VENTERTAINMENT >< START the jail time JUSTICE!

  2. Kevin J Lankford   Sunday, July 1, 2018 at 3:12 PM

    I firmly believe the 14 year residency requirement stipulated in section I of Article II was actually intended as part of the qualification for “Citizen of the United States, at the time of the Adoption of this Constitution”. As the clause is written it may be misconstrued, but it makes more sense that a real Natural Born U.S. Citizen would rarely not meet such a residency period, and if he did not, would surely be just as suspect as any non citizen.

    As it has played out, there can be no doubt the fraud obama was protected on all sides from all sides, proving he was not actually voted into office, and all who defend this fraud are still there, meaning there are no truly worthy nominees. I have even read on other sites people proposing canadian anchor baby ted cruz. Not caring that cruz has proven his lack of character and contempt for our Constitution by attempting to ride in on obama’s tail to illegally occupy our White house in the same disgusting fashion as obama. Proving he is unfit for any office of trust.

    Only the ignorant, traitorous liars, or cowards,…..referred to obama as president.

  3. Virginia Harlow   Friday, June 29, 2018 at 8:55 AM

    OK, scratch Hardiman. Also scratch Kavanaugh for his part in the Starr OIC report that whitewashed and covered up the Foster death. Really. Does anyone believe Foster committed suicide in Ft. Marcy Park when his car wasn’t even there? Or there is no evidence that it was?

  4. CDR Kerchner (Ret)   Thursday, June 28, 2018 at 9:39 PM

    See Chief Justice Marshall’s statements about the duty of federal judges when it comes to constitutional questions which are being attempted to be brought to the federal courts for adjudication: https://www.scribd.com/doc/21575466/Chief-Justice-John-Marshall-Quote-20091026-Issue-Wash-Times-National-Weekly-pg-15

  5. CDR Kerchner (Ret)   Thursday, June 28, 2018 at 9:08 PM

    The fix was in by the major political parties and their respective candidates in the 2008 presidential election. And the various federal judges performed in the interest of the political parties desires in that election cycle rather than in the interest of Article II Section 1 Clause 5, the presidential eligibility clause in the U.S. Constitution.This federal judge should not be on the list to be nominated to SCOTUS. His significant moment in history to show courage and stand-up for his oath to the Constitution came, his prime directive, and he ducked. And not only did he duck the issue, he decided to go along with attempting to punish others who did stand up for their oath and tried and failed to sanction an attorney bringing the questions before him. This country got into the mess it did under the defacto pres Obama because of judges like this one. So called constitutional judges like this one, plus extremely self-serving politicians like John McCain and the two major political parties, enabled Obama to get as far as Obama did in destroying and corrupting American institutions. See: https://cdrkerchner.wordpress.com/2010/01/24/i-believe-the-fix-was-in-for-the-2008-election-and-the-cover-up-is-still-going-strong-the-perfect-storm-for-a-constitutional-crisis/

  6. David Farrar   Thursday, June 28, 2018 at 9:01 PM

    I can’t see that Sen. Lee would be any better. In fact, I am not surprised at all Sen. Cruz is supporting Lee. With Lee sitting on the SCOTUS, Sen. Cruz may not run against Pres. Trump in 2020, but he will try again.

    I have recommended Judge Emmet Sullivan for what it’s worth.

  7. Kandy   Thursday, June 28, 2018 at 8:40 PM

    I think WE THE PEOPLE who know the absolute truth about Obama’s ineligibility MUST do everything we can to let President Trump know what this judge did when Mario Apuzzo’s case was brought before him. It was disgustingly unconstitutional, and our President must be alerted to this fact!

  8. Ed Sunderland   Thursday, June 28, 2018 at 11:27 AM

    Well,that isn’t good. This would go against what the president already believes and knows. Apparently, he’s a little short on the constitution.

  9. JONATHAN DAVID MOOERS   Thursday, June 28, 2018 at 11:20 AM

    The CO$T:


    The Old PLAN (use 100% nationally syndicated fake law):

    NEVER-ID NEVER-presIDent SOETORO-OBAMA II 08-28-08 – 2018http://tesibria.typepad.com/whats_your_evidence/birther%20case%20list.pdf

    The New PLAN (use prescribed law fully and truthfully in 2018):

    TRUMP and MAGA-Supporters >>> GO MONA 2018!
    * MONA = Make Obama Nothing Again

    Obamacrats (Brennan, Barry, Valerie, Lunancy Pelosi, Comey. RICO Clintons et al) can hide in their celebrity-criminal perches, BUT THEY CAN NOT HIDE IN THEIR CONSCIENCES.

  10. Nobarack08   Thursday, June 28, 2018 at 11:03 AM

    I have provided Congress and my rep’s irrefutable documented evidence and proof that the COLB is a manufactured counterfeit document. Period. One rep has lost his seat and because he ignored the people, the people have ignored him. Fact.


Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.