Attorney Apuzzo appeals Obama citizenship case to Federal 3rd Circuit

October 27, 1:32 PMPortland Civil Rights ExaminerDianna Cotter

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From the office of Mario Apuzzo Esq.
27 October 2009, 2:45 P.M. EDT


Kerchner et al vs. Obama & Congress et al Lawsuit Decision Appealed to Federal
3rd Circuit Court of Appeals in Philadelphia, PA

JAMESBURG, NJ – (Oct. 27, 2009) - Attorney Mario Apuzzo of Jamesburg, NJ, today
filed an appeal with the Federal Third Circuit Court of Appeals in Philadelphia,
PA, on behalf of plaintiffs Charles F. Kerchner, Jr., Lehigh County, PA; Lowell
T. Patterson, Burlington County, NJ; Darrell J. LeNormand, Middlesex County, NJ;
and Donald H. Nelsen, Jr., Middlesex County, NJ; challenging the recent decision
of Judge Jerome  Simandle, Federal District Court, Camden, NJ, dismissing the
lawsuit charging that Barack Hussein Obama, aka Barry Soetoro, has hidden all
his early life records including his original long-form birth certificate, early
school records, college records, travel and passport records, and has not
conclusively proven to any controlling legal authority that he is Article II,
Section 1, Clause 5 constitutionally eligible to serve as the President and
Commander-in-Chief of our military.

Obama was born a British Subject to a British Subject father and Obama is still
a British Subject/Citizen to this day since he has never renounced it. According
to this lawsuit Obama was born a dual-citizen with dual allegiances, is not
constitutionally eligible to be the President and Commander-in-Chief of our
military. 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.
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.
- more-
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.

For more information about the lawsuit see these links:

Second Amended Complaint
Feb 2009 Amended Complaint
Docket Report
http://puzo1.blogspot.com/

Kerchner v Obama & Congress - Table of Contents - 2nd Amended Complaint