CDR Kerchner (Ret)'s Blog

April 10, 2012

NJ Obama Ballot Access Challenge Hearing Initial Report

Click on flag to link to Attorney Apuzzo's blog for his recap on today's hearing

NJ Obama Ballot Access Challenge Hearing Initial Report

I just returned from the hearing.   It was a two hour drive each way and I’m tired.  The hearing got off to a late start circa 9:30 a.m. and lasted about 3 1/2 hours.  The judge asked a lot of questions on the natural born Citizen issue repeatedly interrupting the presentation by Attorney Mario Apuzzo.  On the issues of the  forged Obama documents, the judge did not wish to hear anything about that matter and refused to allow any evidence to be entered on those forgery issues since Obama had not presented his birth certificate or draft registration documents in any form to the Secretary of State of NJ or that judge.  Thus he said those issues of alleged forgery are not before his court.   His reasoning was that the only legal matters before him is whether Obama has to provide any documentation such as a certified copy of his birth certificate with a raised seal on it to the state of New Jersey to try to prove his qualifications as to place of birth in the USA and also as to whether Obama’s father being a foreign national and non-U.S. Citizen impacts whether  Obama is a natural born Citizen or not.  He seems to place a lot of weight on prior cases that the Obama for America campaign defense counsel brought up such as the Ankeny case and Wong King Ark.  But the judge did listen very attentively to Mario’s arguments as how those cases are being misinterpreted, misrepresented, and misstated by many as to what they determined. But one could see the judge was reading more into those cases than really was there.  The judge’s ears did perk up at one point when Mario pointed out that both of the parents of WKA were legally domiciled, i.e., had established permanent residency in the USA.  It is well known that Obama’s father in addition to not being a U.S. Citizen was never even legally domiciled in the USA, i.e., established permanent residency in the USA.  Obama’s father was only sojourning here in the USA on a student visa. Thus WKA’s father had a greater legal attachment to the USA than Obama’s father ever did.  That point seemed to interest the judge.  The judge said he would go back and re-read WKA after listening to Mario’s argument and debate with him on that case

The judge ended the hearing saying he would issue an oral YES on NO decision later today to the Secretary of State of NJ and the two counsels as to whether he recommends to the Secretary of State of NJ to allow Obama  being placed on the ballot in NJ.  The written decision to back up his oral decision will be issued tomorrow at 10 a.m.

More later.

Update:  Additional details on the hearing are now available and can be read at Attorney Apuzzo’s blog:  http://puzo1.blogspot.com/2012/04/update-on-purpura-and-moran-new-jersey.html

Update:  Some video from the hearing can be viewed at this link:  http://obamareleaseyourrecords.blogspot.com/2012/04/video-from-nj-ballot-hearing-obama.html

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
http://cdrkerchner.wordpress.com/
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/

“The American people will never knowingly adopt Socialism. But under the name of liberalism they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” Ronald Reagan alerting us to Norman Thomas’ and the socialist/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government

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7 Comments

  1. PRAY PRAY PRAY!!! I hate how they keep bringing in this damn Ankeny case. It says right in Ankeny in footnotes:

    “14 We note the fact that the Court in Wong Kim Ark did not actually pronounce the plaintiff a “natural born Citizen” using the Constitution‟s Article II language is immaterial. For all but forty-four people in our nation‟s history (the forty-four Presidents), the dichotomy between who is a natural born citizen and who is a naturalized citizen under the Fourteenth Amendment is irrelevant. The issue addressed in Wong Kim Ark was whether Mr. Wong Kim Ark was a citizen of the United States on the basis that he was born in the United States. Wong Kim Ark, 169 U.S. at 705, 18 S. Ct. at 478.

    15 We reiterate that we do not address the question of natural born citizen status for persons who became United States citizens at birth by virtue of being born of United States citizen parents”

    Comment by KenyanBornObamAcorn (@KenyanBornObama) — April 10, 2012 @ 3:46 pm

  2. The judge seemed to be amused at the whole proceeding overall. He asked a few pointed questions which suggested to me he was interested in the information presented by Mario. At one point the judge made a comment to suggest he had already made up his mind about how he would rule, BUT he wanted to review the evidence and the NJ law and that he could “..change (his) mind..”. Wong seemed to be the case he was most relying on, and the case in Indiana was important in his questions. On the two issues brought up, NJ ballot requirement to prove eligibility and the definition of “natural-born citizen”, my guess is it will be a split decision with the judge misinterpreting the later. IMHO

    Comment by justafly — April 10, 2012 @ 4:55 pm

  3. This may be lengthy but it is important. I would like to know if there are no requirements to be a “natural born citizen” in order to be the President, why has it been as issue since 1975
    with evidence in Congressional records. It is fact that, there have been so many attempts to have the clause “natural born citizen” taken out of the Constitution.
    1st time: 1975, Jonathon B. Bringham (NY-22), Amendment H.J.R. 33, change Article 11 of the U.S. Constitution to read, “citizen of U.S”, take out “natural born citizen”. (It failed

    2nd. time: 1977, Bringham tried again with Amendment H.J.R.38 (it failed again)

    3rd time: June 11, 2003, (D) Vic Snyder (AR-2) Amendment H.J.R. 59 in 108th Congress wanted it to say, 35 years as a citizen, and 14 yrs. as a resident. He had 6 co-sponsors.
    1. Rep. Conyors, John Jr. (MI-14
    2.Rep. William D. Delahunt (MA-10)
    3.Rep. Frank Barney (MA-4)
    4.Rep. Darrell E. Issa (CA-49)
    5. Rep. Ray Lahood (IL-18)
    6. Rep. Christopher Shays (CT-4)
    IT FAILED AGAIN

    4th time: 9/3/03 Rep. John Conyers (MI-14) tried again with Amendment H.J.R. 67 To read, 20 yrs citizen
    Co-Sponsor: Rep Brad Sherman (CA-27)
    IT FAILED AGAIN

    5th time: 2/15/04 Senator (R)Don Nickles (OK)
    “Natural Born Citizen Act” S.2128 He got it wrong. But with 2 Co-Sponsors:
    1. Sen. James Inhofe (OK)
    2. Sen. Mary L. Landriese (LA)
    IT FAILED AGAIN

    6th time: 9/15/04 Rep. Dana Rohrabacker (CA-46) Amendment H.J.R. 104 To read; 20 yrs a citizen. She had no co-sponsors (it failed)

    7th time: 1/4/05 Rep. John Conyers (MI-14)
    Amendment H.J.R. 2 to 109th Congres To read: 20 yrs citizen.
    1. Co-Sponsor: Rep. Brad Sherman (CA-27)
    IT FAILED AGAIN

    8th time: 2/1/05 Rep. Dana Rohrabacker (CA-46) Amendment H.J.R. 15 To read: 20 yrs. citizen No Sponsors
    FAILED AGAIN

    9th time: 4/14/05 Rep. Vic Snyder (AR-2)
    Amendment H.J.R. 42 To read: 35 yrs citizen and 14 yrs resident. No co-sponsors
    FAILED AGAIN

    10th time: 4/10/08 Making McCain prove eligibility. S.R. 511 passed 99-0 Although it stayed “Natural Born Citizen”, it was a coup to get any focus off Obama for citizenship.
    Co-Sponsors:
    1. DNC Pres. candidate Hillary R. Clinton (NY)
    2. DNC Pres. candidate Sen. Barrack Obama (IL)
    3. Senator Patrick J. Leahy (VT)
    4. Senator Jim Webb (VA)
    5. Senator Tom Coburn (OK)
    NOTE: On Sept. 15, 2004 Obama joined the
    DNC. He was decided who was to be 2008 President. They made certain McCain ran against him. Dirty tricks started within the Gov.,,, mostly Democrats, but Republicans did nothing so they are also to blame. There were 8 attempts within 22 months to redefine “Natural Born” to accommodate Obama. Evidence is in Congressional Records.

    Comment by Patricia Brittell — April 10, 2012 @ 9:47 pm

  4. A decision has already been made on natural born Citizenship, by the SUPREME COURT. It is called “Minor v Happersett and trumps whatever these tin horn lower court judges think. Ankeny is deeply flawed. Wong Kim Ark is not really relevant. See you in appeals court.

    Comment by George Miller — April 10, 2012 @ 9:49 pm

  5. There’s also the small matter of the forged birth certificate and other docs either missing or bogus. If the judge will not insist on those, then this country has a major problem, because then any Manchurian candidate can walk right in with the full support of courts, Congress, AG’s, SOS’ etc., as happened in 2008.

    Comment by George Miller — April 10, 2012 @ 9:53 pm

  6. Thank you so much for doing all the leg work to bring us this update on this issue.. God bless you!!

    Comment by Lee Gasparro — April 11, 2012 @ 6:55 pm


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