Obama Citizenship

Kerchner v. Obama: ?Significant Issues? Cause Judge to Accept Public Commentary

By Phil

In a fascinating turn of ongoing events in the eligibility saga, Mario Apuzzo, attorney for Plaintiffs in Kerchner v. Obama, recently shared with WorldNetDaily that US Magistrate Judge Joel Schneider has begun officially recording letters of public commentary regarding this case:

Apuzzo told WND that while the judge recently granted the government extra time to line up defense counsel for the named defendants, his ruling described the issue as a serious constitutional question.

“Plaintiffs’ complaint raises significant issues necessitating that the named defendants engage competent counsel to represent their interests. Given the high ranking positions of the defendants, the decision as to who will represent them in this case is not simple and straightforward,” the judge said.

But as soon as attorneys are lined up, “the case will proceed expeditiously,” he said.

The case has attracted numerous public comments directed at and delivered to the judge, who has started adding them to the case file, Apuzzo noted.

“It’s unbelievable,” he said. “The court put the letters on Pacer.”

Pacer is a fee-based court website through which interested parties can research cases and their documentation.

“This is really strange,” said the attorney, noting that judges typically do not accept or even acknowledge public commentary on cases that are pending before them.

“The point is the letters are there in the docket,” he said.

The site FamilySecurityMatters.org provided further details of the Judge’s move:

Judge Joel Schneider is accepting letters in the Kerchner vs. Obama birth certificate case and will include them in the file if received by Monday, June 29th.

If you?re concerned about the Constitutional issues surrounding the birth certificate controversy, this is your chance to let your opinions be known. Security for families and for all Americans rests on the principles of law, and subversion of the Constitution is not in anyone?s best interests.

Send your letters to:

Hon. U.S. Magistrate Judge Joel Schneider
U.S. District Court
401 Market Street
Camden, NJ 08102-1568

FAX 856-757-5370

Further links can be found in the posting at the referenced link.

Mr. Apuzzo also mentioned that the Defendants have filed a motion to dismiss:

The defendants’ motion to dismiss the lawsuit was received today and is posted on the PACER system as Document 27. A copy of the motion and the supporting brief from the defendants’ attorney is available in the right frame of this blog. After months of stalling, this was the next expected tactic and has been the typical tactic used by Obama when he was just a candidate. But when he became the President Elect, and then was sworn in as the President, his position changed from being a mere candidate exerting his 1st Amendment political right to run, to becoming the President Elect and thus having to prove he is eligible under Article II of our Constitution. And the Congress failed us all by not vetting Obama as was their duty. Knowing their tactics, it was expected that they would try to move for a dismissal in this case too and we have been preparing for it. The motion return date is July 20, 2009. We of course will file a document opposing their dismissal motion prior to that date.

The following is the actual Motion:

Kerchner v Obama & Congress DOC 27-1 & 27-2 Defendants Motion & Brief to Dismiss

It is definitely worth a read. Basically, the Defense moves according to the following:

• The Court does not have jurisdiction over matters pertaining to this case;
• The Plaintiffs have no standing to bring this case;
• Federal officials have immunity against cases such as this;
• The Second Amended Complaint should be stricken because, essentially, it’s too long (and, hence, an unreasonable burden is placed on the Defendants to give an answer) and wasn’t filed properly

I’ll be looking forward to seeing how Mr. Apuzzo responds to the above.

See the following links regarding the eligibility saga:

• Obama?s Presidential Eligibility: What You Need to Know
• Obama’s Sealed Background Documentation
• Obama Citizenship Facts
• Sen. Patrick Leahy’s (D-VT) Natural Born Citizen Resolution (April 10, 2008)
• Citizen Grand Jury Updates and Eligibility Lawsuit Listing

-Phil

Note: Having just come back from vacation, it will be some time before I’m able to get to comments that have been posted during the past week. Rest assured, however, they will be moderated accordingly. Also, there’s plenty more news to be covered that I hope to eventually get to as well. Thanks again for everyone’s readership and emails helping all of us stay up to date with the goings-on concerning eligibility.

Full post as published by The Right Side of Life on June 27, 2009 (boomark / email).