Part 1: List of Law Cases, Updates, and Links, and Other Legal Developments See Links to Part 2 and Part 3 Last Modified: 10:02 PM, December 27, 2010 _________________________________________________________________________ Further information concerning relevant court cases, see http://www.thebirthers.org/ by clicking on “Court Cases”. _________________________________________________________________________ For a list of cases, see http://www.therightsideoflife.com/current-lawsuit-listing/eligibilitycase-archive/ and http://www.therightsideoflife.com/category/2008-election/kerchner-vobama/ . ________________________________________________________________________ For references and excerpted material bearing specifically on Natural Born Citizenship, see the "Natural Born Citizenship and Other Legal Questions" at http://eligibilityquestions.com. _________________________________________________________________ Some legal perspectives of Philip Berg: http://www.mofopolitics.com/2008/10/24/audio-philip-berg-with-michael-savage-discusseslawsuit/ _________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=103523 Eligibility claims attracting high-level interest Joint Chiefs counsel, Justice Department, now involved Posted: July 09, 2009 11:50 pm Eastern By Bob Unruh © 2009 WorldNetDaily ……California attorney Orly Taitz, who has pursued multiple legal challenges to Barack Obama's eligibility to be the president, is attracting some high-level attention, with the Justice Department trying to add itself onto one of her cases and the legal counsel for the Joint Chiefs of Staff being assigned to review another issue. Taitz has filed multiple legal actions around the country alleging Obama does not meet the constitutional requirements to occupy the Oval Office. One of her cases, filed against Obama as an individual for actions before he took office, is scheduled for a hearing in a California court on Monday. The hearing is on a request by Taitz for a default judgment, since she explains she notified the president of the action weeks ago, and his lawyers failed to respond. Taitz has told WND if her motion is granted she will immediately request access to Obama's birth records and other documentation that could determine his eligibility to occupy the Oval Office. _______________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=103918 Eligibility arguments to get court hearing 'For 1st time, we have a judge who's listening' Posted: July 13, 2009 9:52 pm Eastern By Bob Unruh © 2009 WorldNetDaily Excerpted highlights of the article: In what ultimately could prove to be a turning point in the legal challenges to Barack Obama's eligibility to be president, a federal judge in California has planned a hearing on the merits of a federal court case raising those questions. According to attorney Orly Taitz, who is working on multiple cases alleging Obama is a "usurper" because he doesn't meet the constitutional requirement that only a "natural born citizen" can be president, U.S. District Judge David O. Carter ruled in a hearing today that her case will move forward…………………. The case was filed on behalf of former U.S. Ambassador Alan Keyes, also a contestant in the 2008 presidential race in California, and others. Taitz said the case might have been confused with another Keyes vs. Obama case filed in the state's court system, which was thrown out and now is on appeal. "I will be asking for the release of his vital records," she has told WND. The case, which also includes Wiley S. Drake and Markham Robinson as plaintiffs, names as defendant "Barack H Obama also known as Barack Hussein Obama II also known as Barack H Obama II also known as Barry Obama also known as Barry Soetoro………….." She told WND that at today's hearing, the judge issued no orders, but promised that the case would be moved forward and he would address the merits of the dispute. He said there would be no dismissals based on "procedural issues." The judge said as a former Marine he recognizes the importance of having a constitutionally qualified president. While no attorneys appeared on Obama's behalf, several members of the U.S. Attorney's office in California were in attendance, and sought to intervene on behalf of Obama over his actions before becoming president. The judge ordered them to accept service of the lawsuit immediately and then continued the case to an unannounced date. Taitz told WND, "For first time, we have a judge who's listening…………." Keyes also is plaintiff in a separate case making its way through the California state court system. His opinions on the dispute have been captured on YouTube: [Available at http://www.wnd.com/index.php?fa=PAGE.view&pageId=103918 ] "We're either going to stop him, or the United States of America is going to cease to exist," he said. "That's not a laughing matter.' Taitz' complaint cites Obama individually for his acts before he took office, specifically his refusal to provide the documentation that would show his eligibility. (snip) [updated July 14, 2009] _________________________________________________________________________ July 13, 2009 Ad in the Washington Times National Weekly regarding the Kerchner v Obama lawsuit filed by attorney Mario Apuzzo. http://citizenwells.wordpress.com/2009/07/12/kerchner-v-obama-lawsuit-july-13-2009washington-times-mario-apuzzo-obama-not-natural-born-citizen/ for text of the ad: “Obama is NOT an Article II Natural Born Citizen and therefore is NOT Eligible to be President” _________________________________________________________________ Mario Apuzzo, Esq. Obama is not Article II Constitutionally eligible to be President. Q.E.D. Charles F. Kerchner, Jr., Lead Plaintiff Commander USNR Retired....... If you would like to help with this lawsuit, please contact Mario Apuzzo, Esq. Email: apuzzo@erols.com ......Paid for by: Concerned Americans contributing at ProtectOurLiberty.org in support of the Kerchner et al v Obama & Congress et al lawsuit. Charles F. Kerchner, Jr. CDR USNR Retired Lehigh Valley PA Lead Plaintiff, Kerchner v Obama & Congress _______________________________________________________________________ http://usjf.net/archives/1238 and http://www.usjf.net/wpcontent/themes/theme714/pdf/keyes1.pdf Notice of Appeal in the case of Keyes, Drake, and Robinson v. Bowen, Obama, Biden, et al. Filed June 19, 2009 in Ramona, California] __________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=103517 Hawaiian Supremes asked to take 'action' on WND report Story documented conflicting Obama birthplace claims Posted: July 09, 2009 11:50 pm Eastern By Bob Unruh © 2009 WorldNetDaily A Chicago activist who has asked the courts in Hawaii to unseal Barack Obama's birth certificate now is urging the state's Supreme Court to take action following a WND report documenting conflicting reports on the president's birth location. "This court should take decisive action before the court itself becomes a part of a questionable pattern of behavior concerning a document that is obviously relevant to American history," said a pleading posted on Andy Martin's website for submission to the state Supreme Court. [http://contrariancommentary.blogspot.com/ ] (snip) _________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=103626 U.S. officer demands answer: Is Army 'corps of chattel slaves?' Files federal court challenge over Obama's refusal to prove eligibility Posted: July 11, 2009 12:05 am Eastern By Bob Unruh © 2009 WorldNetDaily A U.S. Army Reserve major from Florida with orders to report for deployment to Afghanistan within days has filed a court demand to be classified as a "conscientious objector" because without proof of the commander-in-chief's eligibility for office, the entire army "becomes merely a corps of chattel slaves under the illegitimate control of a private citizen." A hearing on the questions raised by Maj. Stefan Frederick Cook, an engineer WND he wants to serve his country in Afghanistan, already has been scheduled for July 16 at 9:30 a.m., according to California attorney Orly Taitz, who is handling the claim….. "As an officer in the armed forces of the United States, it is [my] duty to gain clarification on any order we may believe illegal. With that said, if President Obama is found not to be a 'natural-born citizen,' he is not eligible to be commander-in-chief," he told WND only hours after the case was filed. "[Then] any order coming out of the presidency or his chain of command is illegal. Should I deploy, I would essentially be following an illegal [order]. If I happened to be captured by the enemy in a foreign land, I would not be privy to the Geneva Convention protections," he said. The order for the hearing in the federal court for the Middle District of Georgia from U.S. District Judge Clay D. Land said the hearing on the request for a temporary restraining order will be held Thursday……….. Cook said without a legitimate president as commander-in-chief, members of the U.S. military in overseas actions could be determined to be "war criminals and subject to prosecution." He said the vast array of information about Obama that is not available to the public confirms to him that "something is amiss……….. According to the claim, "Plaintiff submits that it is implicit though not expressly stated that an officer is and should be subject to court-martial, because he will be derelict in the performance of his duties, if he does not inquire as to the lawfulness, the legality, the legitimacy of the orders which he has received, whether those orders are specific or general……. " "The issue or question raised by this suit is uniquely federal and properly (and in fact necessarily) subject to the exercise of federal power: the question whether the constitutional legitimacy of the chain of command under a constitutionally legitimate commander-in-chief pursuant to Article II, §§1-2 of the Constitution is essential to the maintenance of balance of powers and separation of powers under the constitution, and cannot be lightly dismissed in light of the plaintiff's evidence that the de facto president of the United States is not only constitutionally unqualified, but procured his election by fraudulent and illegitimate means which may constitute a pattern of racketeering utilizing the apparatus of corrupt organizations in violation of 18 U.S.C. §1961 et seq," [the claim] alleges. (snip) [updated July 11, 2009] _______________________________________________________________________ http://www.ledger-enquirer.com/news/v-print/story/776335.html Soldier balks at deploying; says Obama isn’t president By Lily Gordon July 14, 2009 U.S. Army Maj. Stefan Frederick Cook, set to deploy to Afghanistan, says he shouldn’t have to go. His reason? Barack Obama was never eligible to be president because he wasn’t born in the United States. Cook’s lawyer, Orly Taitz, who has also challenged the legitimacy of Obama’s presidency in other courts, filed a request last week in federal court seeking a temporary restraining order and status as a conscientious objector for her client. In the 20-page document — filed July 8 with the U.S. District Court for the Middle District of Georgia — the California-based Taitz asks the court to consider granting his client’s request based upon Cook’s belief that Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of the U.S. Armed Forces. Cook further states he “would be acting in violation of international law by engaging in military actions outside the United States under this President’s command. ... simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.” Cook, a reservist, received the orders mobilizing him to active duty on June 9. According to this document, which accompanies Cook’s July 8 application for a temporary restraining order, he has been ordered to report to MacDill Air Force Base in Tampa, Fla., on Wednesday. From there, the Florida resident would go to Fort Benning before deploying overseas. Documents show Obama was born in Hawaii in 1961, two years after it became a state. A hearing to discuss Cook’s requests will take place in federal court here Thursday [July 17, 2009] at 9:30 a.m. (Posted July 14, 2009) ________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=104009 Bombshell: Orders revoked for soldier challenging prez Major victory for Army warrior questioning Obama's birthplace Posted: July 14, 2009 © 2009 WorldNetDaily 9:53 pm Eastern By Chelsea Schilling U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after he argued that he should not be required to serve under a president who has not proven his legitimacy for office. His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders. "We won! We won before we even arrived," she said with excitement. "It means that the military has nothing to show for Obama. It means that the military has directly responded by saying Obama is illegitimate – and they cannot fight it. Therefore, they are revoking the order!" She continued, "They just said, 'Order revoked.' No explanation. No reasons – just revoked." A hearing on the questions raised by Maj. Stefan Frederick Cook, an engineer who told WND he wants to serve his country in Afghanistan, was scheduled for July 16 at 9:30 a.m. "As an officer in the armed forces of the United States, it is [my] duty to gain clarification on any order we may believe illegal. With that said, if President Obama is found not to be a 'natural-born citizen,' he is not eligible to be commander-in-chief," he told WND only hours after the case was filed. "[Then] any order coming out of the presidency or his chain of command is illegal. Should I deploy, I would essentially be following an illegal [order]. If I happened to be captured by the enemy in a foreign land, I would not be privy to the Geneva Convention protections," he said. The order for the hearing in the federal court for the Middle District of Georgia from U.S. District Judge Clay D. Land said the hearing on the request for a temporary restraining order would be held Thursday (July 17). (snip) ________________________________________________________________________ Also see coverage of the Major Cook case on July 16, 2009. The article by Lily Gordon is at http://www.ledger-enquirer.com/news/v-print/story/778482.html is entitled “Retired general, lieutenant colonel join reservist’s lawsuit over Obama's birth status.” http://www.wnd.com/index.php?fa=PAGE.view&pageId=104208 'Begone!' Georgia judge orders fired reservist Officer's orders jerked after challenge to prez' eligibility Posted: July 16, 2009 6:45 pm Eastern By Bob Unruh © 2009 WorldNetDaily A judge in Georgia has dismissed a case brought by a U.S. Army reservist whose orders to deploy to Afghanistan were jerked when he challenged President Obama's eligibility, telling the officer's lawyer the case would be handled better in Florida where the lawyer lives. According to Orly Taitz, an attorney for Maj. Stefan Frederick Cook, the instructions came at today's hearing scheduled in Georgia by U.S. District Judge Clay Land. The hearing was on a complaint originally challenging the legality of Cook's deployment orders, based on doubts about Obama's eligibility to be president. Cook was to report to Ft. Benning in Georgia this week to be deployed to Afghanistan. The complaint was amended after the Army suddenly rescinded Cook's orders, and his civilian employer reported being pressured by the government to fire the officer. (snip) ______________________________________________________________________ http://www.mofopolitics.com/2009/07/18/video-orly-taitz-explains-why-she-believespresident-obama-is-not-eligible-to-serve-as-commander-in-chief/ Video: Dr. Orly Taitz, Major Cook discuss Deployment-Obama eligibility case Posted by MP on July 18, 2009 ________________________________________________________________ http://www.blogtalkradio.com/ASKShow/2009/07/22/The-Andrea-Shea-King-Show Host Name: Andrea Shea King Show July 21, 2009 Names: Orly Taitz, Esq. and US Army Maj. Stefan Cook US Army Major Stefan Cook explains why he feels it necessary to legally push the issue of Obama's Constitutional legitimacy to serve as the military's Commander in Chief. ________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=105172 Soldier's case against Obama to be class-action? Army major challenged orders based on questions about president's eligibility Posted: July 27, 2009 10:07 pm Eastern By Bob Unruh © 2009 WorldNetDaily A case brought by a military officer whose order to deploy to Afghanistan was revoked now has been refiled in a federal court in Florida, and it raises the specter of a class action claim among members of the military that their orders aren't valid because of Barack Obama's ineligibility to be president. The possibility already had been raised by WND columnist Vox Day, who wrote, "Not only every deployment order, but every order issued from an officer in the line of command can now be challenged in the knowledge that the top brass are afraid to respond for fear that their commander could be exposed for a fraud." His comments came after the military, in its attempt to resolve the questions raised by Maj. Stefan Cook in his original claim, simply revoked his orders to deploy. As a result, a federal judge in Georgia dismissed his case. It now has been refilled in Florida, where he lives. Now that scenario has been raised again in the new claim….. "It was already obvious that this case had and still has the potential to be converted into a class action on behalf of all military servicemen and women who require the means of establishing the legality of their orders with certainty," the document states. Cook said he hopes the case can be resolved soon. "And based on the merits of the arguments – not on the basis of procedural grounds," he said. "My expectations are that I shall ultimately be vindicated through either this injunction filed in Florida or through the case filed in California. I passionately want to restore faith in both the Constitution of the United States of America as well as its government.” The complaint was filed by attorney Orly Taitz on behalf of Cook in the U.S. District Court for the middle district of Florida. It seeks damages and a declaratory judgment. Named as defendants are Simtech, Cook's former civilian employer, and several officials, as well as Col. Louis B. Wingate, Secretary of Defense Robert Gates and others. WND previously reported a judge in Georgia dismissed Cook's case when the government suddenly revoked his orders to report to Ft. Benning for deployment to Afghanistan. WND reported when the case originally was filed that Cook's concern was that without proof that there is a legitimate commander-in-chief, the entire U.S. Army becomes "merely a corps of chattel slaves under the illegitimate control of a private citizen." Cook told WND he's ready, willing and able to carry out the military needs of the United States, but he raised the challenge to Obama's eligibility to be president because if he would be captured by enemy forces while serving overseas under the orders of an illegitimate president, he could be considered a "war criminal." (snip) ________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=103517 Hawaiian Supremes asked to take 'action' on WND report Story documented conflicting Obama birthplace claims Posted: July 09, 2009 11:50 pm Eastern By Bob Unruh © 2009 WorldNetDaily A Chicago activist who has asked the courts in Hawaii to unseal Barack Obama's birth certificate now is urging the state's Supreme Court to take action following a WND report documenting conflicting reports on the president's birth location. "This court should take decisive action before the court itself becomes a part of a questionable pattern of behavior concerning a document that is obviously relevant to American history," said a pleading posted on Andy Martin's website for submission to the state Supreme Court. [http://contrariancommentary.blogspot.com/ ] (snip) _______________________________________________________________ After Inauguration: (01/12/09) If all other actions fall through, Philip Berg plans on filing a Petition for Writ of Quo Warranto (be sure to read the linked wikipedia article], challenging the PresidentElect’s qualifications for President _______________________________________________________________ For information concerning a case brought by Philip Berg that has recently been unsealed, see the press release on his website dated 6/11/2009 at http://obamacrimes.com. The claim by Berg in that case was that Mr. Obama had illegally run for and held the U.S. Senate seat from Illinois because he was Constitutionally ineligible to be a U.S. Senator. Mr. Berg's case involved the False Claims Act. The following is from the press release: "A False Claims Act [FCA] case is when a person has knowledge that another party has obtained money from the Government based on a false claim. In this instance, in order to be a United States Senator, you must be a United States Citizen for nine [9] years. "] [Added Note 7/2/2009: “U.S. Attorney General Eric Holder; his Staff; and the United States Department of Justice to which he Over-Sees Violated the Code of Federal Regulations as well as Federal Criminal Laws Pertaining to their Conflict-of-Interest in Berg’s Qui Tam Case [False Claims Act] against Barry Soetoro a/k/a Barack H. Obama and Berg has filed a Motion for Reconsideration”(Washington, DC – 07/02/2009 Press Release http://obamacrimes.com ) - Philip J. Berg, Esquire ] _________________________________________________________________ Holder 'conflict' cited in eligibility case Lawyer says attorney general must enforce Constitution Posted: July 04, 2009 12:25 am Eastern By Bob Unruh © 2009 WorldNetDaily http://wnd.com/index.php?fa=PAGE.view&pageId=102969 A lawyer who has launched three cases challenging Barack Obama's eligibility to be president now is contesting the government's request that one of his cases – alleging Obama fraudulently held the position of Illinois' senator – be dismissed. Democrat Philip Berg has posted a critique of the government's request online, explaining it is a conflict of interest for Obama appointees to be demanding dismissal of a case questioning the president. (snip)] _______________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=105764 Is this really smoking gun of Obama's Kenyan birth? Attorney files motion for authentication of alleged 1960s certificate from Africa Posted: August 02, 2009 11:55 am Eastern © 2009 WorldNetDaily WASHINGTON – California attorney Orly Taitz, who has filed a number of lawsuits demanding proof of Barack Obama's eligibility to serve as president, has released a copy of what purports to be a Kenyan certification of birth and has filed a new motion in U.S. District Court for its authentication.(snip) ________________________________________________________________________ 8/31/09 article by Pam Brink at http://www.newschannel10.com/Global/story.asp?S=11023507 Posted: Aug 31, 2009 11:24 PM EDT Dr. Penny Kelso of Lubbock and other members of the Patriot's Heart Media Group Lubbock woman file a suit claiming that Mr. Obama is an Indonesian citizen and ineligible to be President For a copy of the law suit filing see http://69.66.218.3/public/patriotsHeartVsObama/PatriotsHeartVsSoetoro.pdf Court document swears Kenyan birth cert legit Owner risks perjury in high-profile case to insist Barack Obama born in Africa http://www.wnd.com/index.php?fa=PAGE.view&pageId=109113 Posted: September 06, 2009 7:20 pm Eastern Zahn © 2009 WorldNetDaily By Drew With a scheduled hearing date looming Tuesday, Lucas Smith, the man who tried to sell an alleged Barack Obama Kenyan birth certificate on eBay, has filed court papers in a high-profile eligibility case insisting – under threat of perjury – that the Obama birth certificate in his possession is the genuine article. Smith filed his affidavit through California attorney Orly Taitz, who has spearheaded several lawsuits challenging Barack Obama's constitutional eligibility to serve as president, as part of a case that includes as plaintiff former presidential candidate Alan Keyes. Taitz posted on her blog Smith's declaration, which claims he obtained the alleged birth certificate from Coast General Hospital in Mombasa, Kenya, and insists it's real. "The true and correct photocopy of the birth certificate obtained is attached to this affidavit as Exhibit A," the declaration reads. "I declare, certify, verify, state and affirm under penalty of perjury under the laws of the United States of America that the foregoing statements of fact and descriptions of circumstances and events are true and correct." _________________________________________________________________________ Shocker! Judge orders trial on eligibility issue Arguments planned Jan. 11 for major Obama challenge http://www.wnd.com/index.php?fa=PAGE.view&pageId=109242 Posted: September 08, 2009 © 2009 WorldNetDaily 4:42 pm Eastern By Jerome R. Corsi A California judge today tentatively scheduled a trial for Jan. 26, 2010, for a case that challenges Barack Obama's eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution. If the case actually goes to arguments before U.S. District Judge David Carter, it will be the first time the merits of the dispute have been argued in open court, according to one of the attorneys working on the issue. In a highly anticipated hearing today before Carter, several motions were heard, including a resolution to long-standing questions about whether attorney Orly Taitz properly served notice on the defendants, which she had. In a second ruling, Carter ordered that attorney Gary Kreep of the United States Justice Foundation can be added to the case to represent plaintiffs Wiley Drake and Markham Robinson, who had been removed by an earlier court order. Drake, the vice presidential candidate for the American Independent Party, and Robinson, the party's chairman, also were restored to the case. But the judge did not immediately rule on Taitz' motion to be granted discovery – that is the right to see the president's still-concealed records. Nor did Carter rule immediately on a motion to dismiss the case, submitted by the U.S. government, following discussion over Taitz' challenge to the work of a magistrate in the case. The judge did comment that if there are legitimate constitutional questions regarding Obama's eligibility, they need to be addressed and resolved. Carter ordered a hearing Oct. 5 on the motion to dismiss and ordered arguments submitted on the issue of discovery. If the case survives that challenge, a pretrial hearing has been scheduled for Jan. 11 and the trial for two weeks later. The case would be the first time, according to Kreep, that the actual merits of the dispute will have been heard in open court. A multitude of such disputes have been rejected out of hand by various state and federal courts. Even the U.S. Supreme Court repeatedly has rejected urgent appeals to hear the evidence. (snip) _________________________________________________________________________ September 8, 2009 posting at http://americangrandjury.org/orly-taitz-lucas-smith-fromthe-courtroom-the-latest For a first hand account of court room coverage of a case that challenges Barack Obama’s eligibility to be president based on questions over his qualifications under the requirements of the U.S. Constitution, see the following posting by Jeff Schwilk of the San Diego Minutemen, see http://americangrandjury.org/orly-taitz-lucas-smith-from-the-courtroomthe-latest : “The expedited trial has been set for Jan. 26, 2010…. I and many other concerned veterans and citizens attended the hearing today in Federal Court in Santa Ana in the lawsuit against Barack Obama to determine his eligibility to be President and Commander in Chief. About 150 people showed up, almost all in support of the lawsuit to demand that Obama release his birth certificate and other records that he has hidden from the American people. Judge David Carter refused to hear Obama’s request for dismissal today, instead setting a hearing date for Oct. 5, since Obama’s attorneys had just filed the motion on Friday. He indicated there was almost no chance that this case would be dismissed. Obama is arguing this lawsuit was filed in the wrong court if you can believe that. I guess Obama would prefer a “kangaroo court” instead of a Federal court! Assuming Judge Carter denies Obama’s motion for dismissal, he will likely then order expedited discovery which will force Obama to release his birth certificate in a timely manner (if he has one). The judge, who is a former U.S. Marine, repeated several times that this is a very serious case which must be resolved quickly so that the troops know that their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war. He basically said Obama must prove his eligibility to the court! He said Americans deserve to know the truth about their President! The two U.S. Attorneys representing Barack Obama tried everything they could to sway the judge that this case was frivolous, but Carter would have none of it and cut them off several times. Obama’s attorneys left the courtroom after about the 90 minute hearing looking defeated and nervous.(snip) Jeff Schwilk, Founder www.SanDiegoMinutemen.com" End of quoted material _________________________________________________________________________ http://www.wtvm.com/global/story.asp?s=11116825 Another Soldier Challenging Orders Posted: Sep 11, 2009 6:24 PM EDT Friday, September 11, 2009 6:24 PM EST News By Lindsey Connell – COLUMBUS, GA (WTVM) - A soldier set to deploy overseas is challenging her orders, arguing President Obama is not a natural-born U.S. citizen. Captain Connie Rhodes' lawyer and army officials were set to face off in federal court in Columbus Friday but the proceedings stalled.(snip) ________________________________________________________________________ http://www.theobamafile.com/ObamaLatest.htm 9/14/2009 New Hampshire To Investigate Obama's Eligibility New Hampshire State Representative, Lawrence M. Rappaport paid a visit to Mr. William Gardner, the NH Secretary of State, on Thursday, Sept. 10th. His stunning request: an investigation of Barack Hussein Obama’s presence on the NH 2008 Ballot. Gardner’s stunning response: "an investigation will commence." John Charlton interviewed Mr. Rappaport by email, and asked him, on what basis did he make his complaint; he responded, "The basis for all of this is possible fraud. I don’t know what penalties will be assessed if fraud is proven." Rappaport’s action follows stunning revelations that Nancy Pelosi deliberately signed two different forms certifying Barack Hussein Obama was the Democratic National Party candidate for the presidency. While these forms have been known to exist for some time, it was J.B. Williams, writing for the Canadian Free Press who brought them national notoriety, earlier this week. It is unclear, if, in the eventuality that New Hampshire determines fraud was committed, on the grounds that Barack Hussein Obama is not a natural born citizen of the United States, if the State will move, through its governor, to take some sort of action on the national scene, or who would be liable in law for the crime committed in-state. _________________________________________________________________________ http://www.theobamafile.com/ObamaLatest.htm 9/14/2009 Consul General Of Kenya Subpoenaed On September 9, 2009, a subpoena was issued by the District Court of the United States, 3rd Circuit, and has been served via registered mail (#RE184168898US) on the Consulate General of Kenya in Los Angeles. The subpoena commands him to produce and permit the inspection and copying of the Certificate of Birth of Barack Hussein Obama II. Source contains large graphic images and it's a slow-loading site -- be patient. _________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=110000 'Congress satisfied president qualified to serve' (The Capt. Connie Rhodes law suit) Judge trashes soldier's eligibility complaint, compares merits to 'Alice in Wonderland' Posted: September 16, 2009 2:09 am Eastern By Chelsea Schilling © 2009 WorldNetDaily Judge Clay Land – the same judge who earlier dismissed a similar case filed by Maj. Stefan Frederick Cook – has rejected another request for restraining order from a medical doctor and Army officer and threatened sanctions against attorney Orly Taitz if she files any future "frivolous" actions with his court. As WND reported, Capt. Connie Rhodes, a medical doctor and Army officer, filed suit in U.S. District Court in Columbus, Ga., earlier this month, requesting a restraining order preventing her deployment overseas on the basis that the top of the chain of command, President Barack Obama, has not demonstrated himself to be a natural-born citizen under the U.S. Constitution. Land rejected Rhodes' request for a temporary restraining order today. (snip) _________________________________________________________________________ For further information on the Capt. Connie Rhodes law suit, see http://www.mcclatchydc.com/256/story/75523.html posted on Wednesday, September 16, 2009 Judge throws out 'birther' complaint in Georgia, puts lawyer on notice By Alan Riquelmy | The Columbus (Ga.) Ledger-Enquirer _________________________________________________________________________ For further information on the Capt. Connie Rhodes law suit, also see the 9-16-2009 Order by Judge Clay D. Land Excerpts from http://ia311028.us.archive.org/1/items/gov.uscourts.gamd.77605/gov.uscourts.gamd.7760 5.13.0.pdf Case 4:09-cv-00106-CDL Document 13 Filed 09/16/2009 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION CONNIE RHODES, Plaintiff, vs. THOMAS D. MACDONALD, Colonel, Garrison Commander, Fort Benning; et al., Defendants. CASE NO. 4:09-CV-106 (CDL) ORDER Plaintiff, a Captain in the United States Army, seeks a temporary restraining order to prevent the Army from deploying her to Iraq in support of Operation Iraqi Freedom. Plaintiff alleges that her deployment orders are unconstitutional and unenforceable because President Barack Obama is not constitutionally eligible to act as Commander in Chief of the United States armed forces. After conducting a hearing on Plaintiff’s motion, the Court finds that Plaintiff’s claims are frivolous. Accordingly, her application for a temporary restraining order (Doc. 3) is denied, and her Complaint is dismissed in its entirety. Furthermore, Plaintiff’s counsel is hereby notified that the filing of any future actions in this Court, which are similarly frivolous, shall subject counsel to sanctions. See Fed. R. Civ. P. 11(c). (snip) For the reasons previously stated, Plaintiff’s motion for a temporary restraining order is denied and Plaintiff’s complaint is dismissed in its entirety. Defendants shall recover their costs from Plaintiff. See Fed. R. Civ. P. 54(d). IT IS SO ORDERED, this 16th day of September, 2009. S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE End of quoted material ________________________________________________________________________ New case to demand evidence of Hawaiian birth Health department chief has affirmed Obama's records on file http://www.wnd.com/index.php?fa=PAGE.view&pageId=110654 Posted: September 22, 2009 © 2009 WorldNetDaily 9:34 pm Eastern By Bob Unruh The chief of Hawaii's Department of Health twice has issued statements trying to convince doubters that President Obama was born in the state, and now those words may backfire if a new legal challenge comes to fruition. Leo Donofrio, who brought one of the first legal challenges to Obama's eligibility to be president and unsuccessfully tried to get the U.S. Supreme Court to get involved at the time of the election, is reporting on his website that Hawaiian state law requires "information collected and maintained for the purpose of making information available to the general public" be released. (snip) _________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=111640 Obama eligibility to see its day in court? Pivotal hearing decides whether 'birther' case will be trashed, heard on merits Posted: October 02, 2009 1:00 am Eastern By Chelsea Schilling © 2009 WorldNetDaily A hearing Monday is set to determine whether the U.S. Justice Department will get its motion to dismiss a lawsuit challenging the constitutional eligibility of Barack Obama to hold the office of president or whether the case will move forward to be heard on its merits. California judge David Carter scheduled a tentative trial date for the case for Jan. 26, 2010. But, to meet that trial date, the case must survive an Oct. 5 hearing on the Department of Justice motion to dismiss. The California lawsuit is brought by several political candidates and party officials, including former U.S. ambassador Alan Keyes and Wiley Drake and Markham Robinson of the American Independent Party. They are suing Obama alleging that he was not and is not eligible to be president under the U.S. Constitution's demand for a "natural born" citizen in the Oval Office. Forty-six of the plaintiffs are represented by Orly Taitz, who has worked on a multitude of lawsuits over Obama's eligibility, and two – Wiley Drake and Markham Robinson – are represented by Gary Kreep of the United States Justice Foundation. Kreep told WND one of three things will happen Monday: 1) the judge will make no decision and choose to issue a decision later, 2) the judge could grant the Department of Justice's motion and dismiss the case, or 3) all or part of the case will move forward. (snip) ________________________________________________________________________ http://thepostnemail.wordpress.com/ Lady Liberty before Carter’s Bench October 5, 2009 by John Charlton DR. ORLY TAITZ TO DEFEND OUR FREEDOMS TODAY IN SANTA ANA ATTORNEY KREEP VALIANTLY DEFENDS STANDING OF POLITICAL CANDIDATES TAITZ AND KREEP TOGETHER CONVINCE JUDGE NOT TO RULE IN FAVOR OF MOTION TO DISMISS TODAY REPORT ON HEARING RESULTS AT BOTTOM OF THIS PAGE by John Charlton (Oct. 5, 2009) — At 8:30 AM Pacific Daylight Savings Time, Dr. Orly Taitz, esq. went before Judge David O. Carter in the Federal Court House in Santa Ana, California, USA, to defend the rights of her plaintiffs to standing in the case Captain Pamela Barnett et al. vs. Obama et al.. (For the article and a summary of what took place at the hearing, see http://thepostnemail.wordpress.com/ .) _____________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=112015 Obama eligibility case survives 1st court test Judge hears arguments, refuses immediate dismissal demand Posted: October 05, 2009 4:29 pm Eastern By Bob Unruh © 2009 WorldNetDaily A federal judge in California today listened to government lawyers argue that a lawsuit over President Obama's eligibility should be immediately dismissed but refused to grant their request, saying he would make his decision and announce it later. The result came this morning from U.S. District Judge David Carter, who already has set a tentative trial date for the dispute Jan. 26, 2010. The judge also already had lawyers draw up a tentative schedule for hearings and deadlines in preparation for the trial. (snip) _____________________________________________________________________ http://thepostnemail.wordpress.com/2009/10/05/oct-5-hearing-mr-charles-lincoln-speaksto-the-post-email/ October 5 Hearing: Mr. Charles Lincoln speaks to the Post & Email. [Mr. Lincoln assists Dr. Orly Taitz.] October 5, 2009 EXCLUSIVE INTERVIEW ON THE MOTION HEARING IN SANTA ANA FEDERAL COURT, OCT 5 by John Charlton © 2009 The Post & Email _________________________________________________________________________ Questions Concerning the Legal Veracity of Mr. Obama’s Certification of Live Birth The research findings of “TerriK” are reported on at this website: http://misstickly.wordpress.com/2009/10/04/our-worst-nightmare-confirmed/#comment153 See especially OUR WORST NIGHTMARE CONFIRMED: Obama’s COLB Lacks Legal Veracity. What Now? 10/04/2009 By MissTickly (aka ‘TerriK’) Also posted October 4, 2009 on New Page at http://eligibilityquestions.com : Questions Concerning the Legal Veracity of Mr. Obama’s Certification of Live Birth The following is excerpted and quoted from this http://misstickly.wordpress.com/2009/10/04/our-worst-nightmare-confirmed/#comment153: “On July 27, 2009, Obama was not verified as ‘Constitutionally Qualified to be U.S. President’ by the standards of Hawaii’s Department of Health and Vital Statistics Registrar. Any assertions by Nancy Pelosi or anyone else must be reexamined under the following LIGHT: THE KEY: ‘FILED by Local Registrar’ vs. ‘ACCEPTED by State Registrar’ We have two statements about two sets of vital records belonging to the President issued from Hawaii. An “original birth certificate” that is “on record in accordance to state policies and procedures” in October, 2008, AND “original vital records” that are “maintained on file,” on July 27, 2009.”(snip) (End of excerpted and quoted material from http://misstickly.wordpress.com/2009/10/04/our-worst-nightmare-confirmed/#comment153 . See this URL for the very extensive posting.) _________________________________________________________________________ Updates on Three Pending Cases Brought by Philip J. Berg, Esq. The following is quoted directly from http://www.obamacrimes.com/new/news1.htm : Berg v. Obama, et al U.S. District Court, Eastern District of PA Case No. 08-cv-04083 U.S. Court of Appeals for the Third Circuit Case No. 08-4340 This case was dismissed by Judge Surrick on the issue of “Standing”. This Case is currently on appeal with the United States Court of Appeals for the Third Circuit. Oral Argument has been scheduled for October 26, 2009 in the Court of Appeals ______________________________________________________________________ From http://obamacrimes.com “3rd Circuit Hearing – October 26, 2009 Cancelled The 3rd Circuit has advised that the Oral Argument scheduled for October 26, 2009 has been cancelled as the three [3] Judge panel has decided to review our case on the Briefs that have been filed. This method on Appeal is done in many cases, so do not take this as personal against us.” _______________________________________________________________________ From http://obamacrimes.com Berg as Relator v. Obama, et al U.S. District Court, District of Columbia Case No. 08-cv-01933 This is the False Claims Act (qui tam) Case which was under seal until June 2009. We are currently awaiting a hearing date on my Motion for Reconsideration on the basis of the Conflict-Of-Interest the Government has with this particular Case. Hollister v. Soetoro, et al U.S. District Court, District of Columbia Case No. 08-cv-02254 U.S. Court of Appeals for the District of Columbia Case No. 09-5080 This is the Case regarding Gregory S. Hollister who is a retired Colonel and subject to recall by the President. Mr. Hollister questions the validity of any Orders issued by Soetoro and has asked the Court to resolve the issues regarding Soetoro’s legality as President and who he should take his Orders from, in the case he is recalled into active status. This Case was dismissed by Judge Robertson in March 2009 and Sanctions issued against John D. Hemenway, Esquire. This Case is currently on Appeal with the United States Court of Appeals for the District of Columbia. Philip J. Berg, Esquire 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Cell (610) 662-3005 (610) 825-3134 (800) 993-PHIL [7445] Fax (610) 834-7659 Email philjberg@obamacrimes.com (end of quoted material from http://www.obamacrimes.com/new/news1.htm) _________________________________________________________________________ http://thepostnemail.wordpress.com/tag/judge-david-o-carter/ Judge Carter Denies Motion to Dismiss, in Barnett vs. Obama! Court Order Finalizes Schedule for Trial! by John Charlton (Oct. 7, 2009) — Today was published the Court order resulting from the Oct. 5th hearing in Barnett vs. Obama, issued by federal judge, David O. Carter, in the Southern Division of California. The order, reads as follows: On September 8, 2009, the Court previously set tentative case management dates. The Court now orders those dates be made final. (snip) [NOTE: See the file section of http://eligibilityquestions.com for a copy of the October 7, 2009 court document.] _________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=112225 Judge sets 'final' calendar for eligibility challenge Ruling suggests there will be a trial, but doesn't confirm it Posted: October 07, 2009 6:30 pm Eastern By Bob Unruh © 2009 WorldNetDaily U.S. District Judge David Carter today issued a final schedule of deadlines for progress in the California lawsuit challenging Barack Obama's eligibility to be president, leaving some of the president's critics gleeful over the "confirmation" of a trial and others wondering exactly what the judge meant. A spokesman for the U.S. attorney's office defending Obama said the order was no more than confirmation of what the judge previously had scheduled for the calendar, but it still was conditional on the judge's still-coming ruling on the government's motion to dismiss the entire case. The ruling from Carter cited his hearing on Monday on the government's motion to dismiss, explaining, "Argument by counsel. Motion taken under submission………." One of her assistants immediately contacted the Department of Justice, asking whether the attorneys are "are willing to stipulate that … it is now time for us to begin discovery. We need to start sending out notices of deposition…" But Tom Mrozek, a spokesman for the Department of Justice, said the order specifically states the judge is considering the motion to dismiss. With the schedule, the judge appeared to want to "just memorialize" that there was a hearing. "There was no ruling," he told WND. "I think for anybody to say there's a trial is way premature. The judge hasn't decided." Another attorney representing a few of the plaintiffs in the case, Gary Kreep of the United States Justice Foundation, said that was how he read the court document. Multiple calls by WND to the judge's clerk did not generate a response to the question of clarification. But Taitz agreed with the perspective of cautious optimism. (snip) _________________________________________________________________________ http://thepostnemail.wordpress.com/ Taitz files Motion for Relief, in Barnett vs. Obama ACTION FOLLOWS MINUTE ORDER FINALIZING DATES, DISAGREEMENT WITH DEFENSE ON PROCEEDING IN DISCOVERY — Captain Barnett gives her reaction by John Charlton ( See http://thepostnemail.wordpress.com/ for the remainder of the article.) ______________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=112707 Plaintiff: Courts must hear eligibility arguments Cites Marshall opinion that to refuse is treason Posted: October 12, 2009 10:20 pm Eastern By Bob Unruh © 2009 WorldNetDaily A plaintiff in one of the cases challenging Barack Obama's eligibility to be president says federal courts must hear the challenges, because to do otherwise would be treason. The claim comes from Charles F. Kerchner Jr., a lead plaintiff in the Kerchner vs. Obama & Congress lawsuit handled by attorney Mario Apuzzo. Apuzzo filed suit in January on behalf of Kerchner, Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. Named as defendants are Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi. The case focuses on the alleged failure of Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors." The Constitution provides, the lawsuit says, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified." "There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified," the case explained. "Congress is the elected representative of the American people and the people speak and act through them," the lawsuit said. The defendants "violated" the 20th Amendment by failing to assure that Obama meets the eligibility requirements, the lawsuit said. (snip) ________________________________________________________________________ 10/13/2009 NOTE regarding Kerchner vs. Obama & Congress Lawsuit: The 2nd Amended complaint of the Kerchner vs. Obama & Congress lawsuit handled by attorney Mario Apuzzo can be accessed at http://www.scribd.com/doc/19914488/Kerchner-v-Obama-CongressTable-of-Contents-2nd-Amended-Complaint . _______________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=113651 Judge tosses eligibility case against Congress 'We've lost a skirmish. Now on with the war in the higher courts!' Posted: October 21, 2009 11:55 pm Eastern By Bob Unruh © 2009 WorldNetDaily "A federal judge has dismissed a lawsuit filed by Charles F. Kerchner Jr. and others against Congress, alleging members of that institution failed in their constitutionally-specified responsibility to evaluate Barack Obama and make sure of his eligibility to occupy the Oval Office. Attorney Mario Apuzzo had filed the action in January on behalf of Kerchner, Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi. (snip) On his blog, Apuzzo confirmed Judge Jerome Simandle in New Jersey dismissed the case. "Judge Simandle ruled that the plaintiffs do not have Article III standing and that therefore the court does not have subject matter jurisdiction," he explained. "The court found that the plaintiffs failed to show that they suffered an 'injury in fact.' It added that plaintiffs' alleged injury is 'only a generally available grievance about government' and 'is one they share with all United States citizens.' Finally, it said that plaintiffs' 'motivations do not alter the nature of the injury alleged," Apuzzo wrote. "By way of footnote, the court said that even if the plaintiffs could show that the court had Article III standing, they would not be able to show that the court should exercise jurisdiction because prudential standing concerns would prevent it from doing so," he added. "Finally, the court again in a footnote said that it cannot take jurisdiction of the issue of whether Obama is a 'natural born citizen' and whether Congress has acted constitutionally in its confirmation of Obama for president because the matter is a 'political question' which needs to be resolved by Congress." (snip) A appeal will be filed with the 3rd Circuit Court of Appeals in Philadelphia, he said. " (snip) _________________________________________________________________ (http://thepostnemail.wordpress.com/2009/10/21/kerchner-on-simandles-ruling/ ) Kerchner on Simandle’s Ruling October 21, 2009 by John Charlton LEAD PLAINTIFF DECRIES OVERTHROW OF CONSTITUTION Also see: http://puzo1.blogspot.com/2009/10/judge-simandle-has-granted-dojsmotion.html and http://puzo1.blogspot.com/2009/10/court-dismisses-kerchner.html .] ______________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=114256 Appeal filed in Obama eligibility argument 'Court cannot refuse to hear a case because it prefers not' Posted: October 27, 2009 8:43 pm Eastern © 2009 WorldNetDaily A case alleging Congress failed in its constitutional duties by refusing to investigate the eligibility of Barack Obama to be president has been sent on appeal to the 3rd U.S. Circuit Court of Appeals. Attorney Mario Apuzzo filed the action in January on behalf of Kerchner, Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi. The case focuses on the alleged failure of Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors." The case asserts "when Obama was born his father was a British subject/citizen and Obama himself was the same. The Constitution provides, the lawsuit says, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified." "There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified," the case explained. The attorney now has posted online a notice of his appeal to the 3rd Circuit in Philadelphia. "Through his dismissal, Judge Simandle avoided having to reach the merits of the question of whether Obama is an Article II 'natural born citizen' and eligible for the office of president and commander in chief," Apuzzo said. "We allege that Obama has not conclusively proven that he was born in Hawaii. More importantly, we also allege that he is not an Article II 'natural born Citizen' because when Obama was born his father was a British subject/citizen and Obama himself was the same." The lawyer said it is important that the court did not rule Obama was born in Hawaii, nor did it rule that the claim was frivolous. It simply said the case was dismissed because of a jurisdiction issue. (snip) ________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=114202 Obama law tab up to $1.7 million 'Grassroots army' contributions used to crush eligibility lawsuits? Posted: October 27, 2009 © 2009 WorldNetDaily 8:42 pm Eastern By Chelsea Schilling President Obama he has paid nearly $1.7 million to his top eligibility lawyer since the election. Obama for America, Obama's 2008 political campaign, merged with the Democratic National Committee in January and is now known as Organizing for America. The grassroots army that some refer to as "Obama 2.0" is still collecting financial contributions. Federal Election Commission records for "Obama for America" show that the lobby organization has paid international law firm Perkins Coie exactly $1,666,397.01 since the 2008 election. The most recent sum, $314,018.06, was listed in Obama for America's October Quarterly report filed with the FEC. (snip) The FEC shows Obama's campaign has made regular payments to Perkins Coie since Jan. 1, 2007 – the month he formed a presidential exploratory committee and only weeks before he formally announced his candidacy for president. In total, Obama has paid Perkins Coie, a single law firm, $2.6 million since he announced his campaign for presidency. By contrast, a cumulative total of all of Sen. John McCain's legal consulting fees, from Jan. 1, 2007, to October 2009, amounts to $1.6 million. As WND reported, Robert Bauer of Perkins Coie – top lawyer for Obama, Obama's presidential campaign, the Democratic National Committee and Obama's Organizing for America – is the same Washington, D.C., lawyer who defended President Obama in lawsuits challenging his eligibility to be president. WND also reported that Bauer sent a letter to plaintiff Gregory Hollister, a retired Air Force colonel, of Hollister v. Soetoro, threatening sanctions if he didn't withdraw his appeal of the eligibility case that earlier was tossed by a district judge because the issue already had been "twittered." Bauer's warning was dated April 3 and delivered via letter to the plaintiff's attorney, John D. Hemenway. It is not the first such warning issued. Lawyers trying to kill a similar California lawsuit filed on behalf of Ambassador Alan Keyes also said they would seek sanctions against the plaintiff's attorneys in that case unless they left the issue of the president's eligibility alone. "For the reasons stated in Judge Robertson's ruling, the suit is frivolous and should not be pursued," Bauer's letter warned. "Should you decline to withdraw this frivolous appeal, please be informed that we intend to pursue sanctions, including costs, expenses and attorneys' fees, pursuant to Federal Rule of Appellate Procedure 38 and D.C. Circuit Rule 38." Bauer also represented Obama and the DNC in Philip Berg's eligibility lawsuit and various other legal challenges. The White House has not responded to WND's request for comment on the legal fees. (snip) _________________________________________________________________________ http://thepostnemail.wordpress.com/2009/10/29/judge-david-o-carter-betrays-the-nation/ Judge David O. Carter betrays the Nation! RULES THAT MASSIVE ELECTION FRAUD GIVES NO ONE STANDING! by John Charlton (Oct. 29, 2009) _________________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=114411 Judge dismisses California eligibility challenge Plaintiffs promise appeal of ruling protecting Obama Posted: October 29, 2009 2:02 pm Eastern By Bob Unruh © 2009 WorldNetDaily A California judge has dismissed a complaint challenging President Obama's eligibility to be president citing the "birth certificate from the state of Hawaii" that apparently refers to an Internet image of a "Certification of Live Birth" released during Obama's campaign. The ruling came this morning from Judge David Carter who as WND reported last night apparently recently hired a law clerk out of the law firm that has been paid nearly $1.7 million to defend Obama from such eligibility challenges. A Wikipedia page has been cited by dozens of bloggers after it listed Siddarth Velamoor as one of the newest law clerks for Carter – who today released his ruling dismissing the complaint in the Barnett v. Obama case in the Central District, Southern Division Court in Santa Ana, Calif. Velamoor is also listed in the Martindale lawyer database as an associate of international law firm Perkins Coie, the same law firm of Robert Bauer – top lawyer for Obama, Obama's presidential campaign, the Democratic National Committee and Obama's Organizing for America – and the same Washington, D.C., lawyer who defended President Obama in lawsuits challenging his eligibility to be president. As WND has reported, Federal Election Commission records for "Obama for America" show that the lobby organization has paid Perkins Coie exactly $1,666,397.01 since the 2008 _________________________________________________________________________ http://thepostnemail.wordpress.com/ Carter’s not yet given a final Judgment October 30, 2009 by John Charlton HAS FAILED TO IMPLEMENT RULES 54 AND 58 _____________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=116305 9th Circuit asked: Do courts enforce Constitution? Challenge to Obama's eligibility moves to appeals panel Posted: November 18, 2009 12:51 am Eastern By Bob Unruh © 2009 WorldNetDaily The stage is being set for a major ruling from the 9th Circuit Court of Appeals on whether the U.S. judiciary actually can enforce the provisions of the Constitution. The basic question is being raised in an appeal of a district judge's decision to dismiss a legal challenge to Barack Obama's constitutional eligibility to be president. WND previously reported U.S. District Judge David Carter's decision to dismiss the complaint that listed several dozen plaintiffs. Gary Kreep of the United States Justice Foundation has filed a notice of appeal to the 9th Circuit in the case. Because of the unusual circumstances in which some of the plaintiffs are represented by another lawyer , attorney Orly Taitz also has filed a motion for reconsideration. Kreep, who represents plaintiffs Wiley Drake and Markham Robinson, posed the question at the center of the case: "Whether the court may make a determination of whether the president has met the eligibility requirements for office, whether the 'natural born citizen' clause of the United States Constitution may be enforced by the courts, whether the 'natural born citizen' clause of the U.S. Constitution is a nonpolitical question, whether the court may remove from office a president that was not elected in accordance with the U.S. Constitution." (snip) _______________________________________________________________________ http://puzo1.blogspot.com/2009/11/kerchner-v-obama-congress-3rd-circuit.html Wednesday, November 25, 2009 Kerchner v Obama & Congress - 3rd Circuit Court of Appeals Briefing Notice Issued 24 Nov 2009: BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Charles F. Kerchner Jr., Appellant Darrell James Lenormand, Appellant Donald H. Nelsen Jr. and Appellant Lowell T. Patterson due on or before 01/04/2010. Appendix due on or before 01/04/2010. (TMK) Charles F. Kerchner, Jr., CDR USNR (Retired) Lead Plaintiff, Kerchner v Obama & Congress http://puzo1.blogspot.com/ http://www.protectourliberty.org/ [ In Attorney Apuzzo’s words, the “briefing notice” means that “a brief and appendix are due on or before January 4, 2010.”] _________________________________________________________________ http://canadafreepress.com/index.php/article/17303 Obama Treason Charges Advance In Tennessee Grand Jury By JB Williams Saturday, November 28, 2009 …… On Tuesday December 1st 2009, Retired Navy Commander Walter Fitzpatrick III will present the evidence behind his treason complaint against Obama/Soetoro to all thirteen members of a Tennessee Grand Jury in Monroe County Tennessee….. …..The Monroe County Grand Jury will hear these and other charges Tuesday December 1 st. God help this nation if they lack the courage to take a stand with the citizenry of this great nation.¬† The future of American justice hangs in the balance! The people deserve much more than a simple birth certificate. They deserve a legitimate government - limited to its constitutional authority - and they deserve a justice system willing to uphold those foundational principles and values. _________________________________________________________________ http://www.wnd.com/index.php?fa=PAGE.view&pageId=117141 Appeals briefs scheduled in Obama eligibility challenge 'We look forward to moving ahead with this very important constitutional case' Posted: November 29, 2009 9:17 pm Eastern By Bob Unruh © 2009 WorldNetDaily A briefing schedule has been announced by the 3rd U.S. Circuit Court of Appeals in a case alleging Congress failed in its constitutional duties by refusing to investigate the eligibility of Barack Obama to be president, according to an attorney handling the challenge. Attorney Mario Apuzzo filed the action in January on behalf of Kerchner, Lowell T. Patterson, Darrell James Lenormand and Donald H. Nelson Jr. Named as defendants were Barack Hussein Obama II, the U.S., Congress, the Senate, House of Representatives and former Vice President Dick Cheney along with House Speaker Nancy Pelosi. The case focuses on the alleged failure of Congress to follow the Constitution. That document, the lawsuit states, "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors." The case asserts "when Obama was born his father was a British subject/citizen and Obama himself was the same. The Constitution also provides, the lawsuit says, "If the president-elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified." "There existed significant public doubt and grievances from plaintiffs and other concerned Americans regarding Obama's eligibility to be president and defendants had the sworn duty to protect and preserve the Constitution and specifically under the 20th Amendment, Section 3, a Constitutional obligation to confirm whether Obama, once the electors elected him, was qualified," the case explained. Now the attorney has posted an online statement that the brief on behalf of the appellants is due Jan. 4, 2010. In an e-mail announcing the schedule, Kerchner wrote, "We look forward to moving ahead with this very important constitutional case along the legal pathway to the ultimate decision maker for this historic and precedence setting lawsuit, the U.S. Supreme Court." He continued. "They will determine the answer to the pressing legal question of what is a 'natural born citizen' of the USA per Article II constitutional standards and did Obama and the U.S. Congress violate the Constitution and statutory laws and my constitutional rights during the 2008 election cycle." (snip) _________________________________________________________________________ Judge Carter Denies Motion for Reconsideration in Barnett v. Obama on December 4, 2009 Here is the order: http://www.scribd.com/doc/23695421/KEYES-BARNETT-v-OBAMA-101-MINUTES-INCHAMBERS-ORDER-Denying-Plaintiffs-Amended-Motion-for-Reconsideration-gov-uscourtscacd-435591-101-0 _________________________________________________________________________