Obama Citizenship

Kerchner v. Obama: Plaintiffs Request Additional Time to Respond to Dismissal Motion

By Phil

Mario Apuzzo, attorney for Plaintiffs in Kerchner v. Obama, reports that he has asked the Court for additional time during which to respond to the Defendant’s Motion to Dismiss:

Defendants, Obama, USA, Congress, Senate, House, Cheney, and Pelosi have filed a motion to dismiss plaintiffs’ complaint/petition. Their main argument is that the plaintiffs do not have standing and that all the defendants have immunity from all of plaintiffs’ constitutional claims.

The current defense motion to dismiss the complaint/petition was returnable Friday, July 20, 2009. Plaintiffs? opposition was due by Monday, July 6, 2009.

The defendants took over 4 months to file their motion. I was only given 2 weeks to respond. Given the critical importance of this case, the complexity and novelty of the constitutional issues, and the need to do a thorough job, I sought fit to request a 2-week extension of time to answer the defendants’ motion to dismiss.

I realize that by the extension we are losing two weeks, but winning the motion is more important than not losing the two weeks.

The new motion day is Friday, August 3, 2009. I will file our opposition papers at least 14 days prior to the new motion day, and the defendants shall file their reply papers, if any, at least seven calendar days prior to August 3, 2009.

I know that many of you have been posting on this blog your thoughts and analysis on how we can defeat the defendants’ motion. Your input is highly appreciated. I am asking that you continue to give me your ideas in this public blog. I encourage the open exhange of ideas so that we may all arrive at the best answer. Only stategy and personal matters will be treated confidentially. I will appreciate that if you do have a point you want to make, you provide a citation to support what you are saying, if a citation exists. If you do not have a citation, still make your argument. I will consider all comments and choose which points to incorporate into our opposition brief.

The points to research and comment on are standing and immunity. For a full reading of how the defendants are using these defenses to try to convince the judicial branch of government not to address the issue of Obama’s Article II “natural born Citizen” eligibility, you may clique on the link in this blog and view the defendants’ brief that they filed in support of their motion to dismiss.

The letter requesting a time extension follows…

Kerchner v Obama DOC 30 Ltr Request Ext Return Date to Aug 3rd 2009. Filed 20090706

See the following links regarding the eligibility saga:

• Obama?s Presidential Eligibility: What You Need to Know
• Obama’s Sealed Background Documentation
• What’s the Difference Between a Birth Certification Versus a Birth Certificate?
• Obama Citizenship Facts
• The State Department and Sen. Patrick Leahy’s (D-VT) Natural Born Citizen Resolution (April 10, 2008)
• Citizen Grand Jury Updates and Eligibility Lawsuit Listing

-Phil

Full post as published by The Right Side of Life on July 06, 2009 (boomark / email).