It’s Deja Vu All Over Again with Chief Justice Roberts — A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision

With “CINO” (Conservative in Name Only) Chief Justice Roberts and his Neville Chamberlain leadership of the Supreme Court it is Deja Vu all over again.  Roberts has been the problem all along in allowing our Constitution to be trampled by Obama – in particular Article II Section 1 Clause 5.  Now Roberts has done it again — siding with the liberal wing of the court to “Move Forward” Obama’s fascist and socialist agenda to socialize America and ignore our  constitutional republic system of government to help Obama “Move Forward” to a dictatorial federal fascist socialist form of government.  See below post from the fall of 2010.

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Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Monday, November 29, 2010 @ 2:57 PM

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

For Immediate Release – 29 November 2010 2:30 p.m. EST

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

The “Roberts Court” of the U.S. Supreme Court in my opinion will be known in history as the “Neville Chamberlain Supreme Court”, the great Obama appeaser court. http://en.wikipedia.org/wiki/Neville_Chamberlain
Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left socialists and Saul Alinsky goons, tyrants and bullies, and thus not doing the right thing early on to support the rule of law and the Constitution, ultimately leads to much bigger problems later. History has shown us that over and over. The Obama eligibility matter should have been fully and thoroughly addressed and openly investigated by the investigative reporters in the major media and political parties early in the spring of 2008 during the primaries to get all of Obama’s documents released to the public as part of the vetting process. It wasn’t done.
 
Congress should have addressed this when asked by 100s of thousands of constituent letters and petitions sent to them and when constitutionally it was required to so under the 20th Amendment. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t. Everyone in our system of government chose ignoring the problem and appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law. Our constitutional republic and legal system is now compromised and broken top to bottom and bottom to top. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way more and more to appeasement of bullies and tyrants in waiting such as Obama and his far left Marxist cronies and puppet masters. Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and grow and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a much bolder way and attempts to take away all our protections to our unalienable rights and liberty. Neville Chamberlain tactics never work with bullies, alinskyites, tyrants, and national socialists.
The U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who in my opinion had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36 with the relevant U.S. Code cited. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward. For information on the Rule of 3 see:  Supreme Court Practices, 9th edition, by Eugene Cressman, et al, page 324. The lawsuit Pryor v United States (1971) is an example case of the Rule of 3 being used.  I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 … financial conflict of interest and ethics be damned by those two justices. JMHO.

10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted.
The petition for a writ of certiorari is denied.
http://www.scribd.com/doc/44359775/U-S-Supreme-Court-Order-List-562-U-S-dated-2010-11-29-Kerchner-v-Obama-Petition-Decison-on-Pg-15

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
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A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Monday, November 29, 2010 @ 2:57 PM

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

For Immediate Release – 29 November 2010 2:30 p.m. EST

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

The “Roberts Court” of the U.S. Supreme Court in my opinion will be known in history as the “Neville Chamberlain Supreme Court”, the great Obama appeaser court. http://en.wikipedia.org/wiki/Neville_Chamberlain
Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left socialists and Saul Alinsky goons, tyrants and bullies, and thus not doing the right thing early on to support the rule of law and the Constitution, ultimately leads to much bigger problems later. History has shown us that over and over. The Obama eligibility matter should have been fully and thoroughly addressed and openly investigated by the investigative reporters in the major media and political parties early in the spring of 2008 during the primaries to get all of Obama’s documents released to the public as part of the vetting process. It wasn’t done.
 
Congress should have addressed this when asked by 100s of thousands of constituent letters and petitions sent to them and when constitutionally it was required to so under the 20th Amendment. It didn’t. The courts should have addressed the merits of the questions when appealed to early on. They didn’t. Everyone in our system of government chose ignoring the problem and appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law. Our constitutional republic and legal system is now compromised and broken top to bottom and bottom to top. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way more and more to appeasement of bullies and tyrants in waiting such as Obama and his far left Marxist cronies and puppet masters. Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and grow and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a much bolder way and attempts to take away all our protections to our unalienable rights and liberty. Neville Chamberlain tactics never work with bullies, alinskyites, tyrants, and national socialists.
The U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who in my opinion had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36 with the relevant U.S. Code cited. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it’s the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it’s then the rule/vote of 3 to grant certiorari to move the case forward. For information on the Rule of 3 see:  Supreme Court Practices, 9th edition, by Eugene Cressman, et al, page 324. The lawsuit Pryor v United States (1971) is an example case of the Rule of 3 being used.  I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 … financial conflict of interest and ethics be damned by those two justices. JMHO.

10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted.
The petition for a writ of certiorari is denied.
http://www.scribd.com/doc/44359775/U-S-Supreme-Court-Order-List-562-U-S-dated-2010-11-29-Kerchner-v-Obama-Petition-Decison-on-Pg-15

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
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Washington Times – Kerchner v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Sunday, November 21, 2010 @ 12:39 PM

Washington Times – Kerchner v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Washington Times – Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Update: No Decision Released Until Monday 29 Nov 2010
per SCOTUSblogSupreme Court Orders Will be Posted Here at 10 a.m.
http://www.supremecourt.gov/orders/ordersofthecourt.aspx

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org

We are living through history in the making. Please read or re-read this historic Petition to the U.S. Supreme Court asking them to support and defend the Constitution … in particular Article II, Section 1, Clause 5, the presidential constitutional eligibility clause. Read or re-read the Petition then read this ad. Then meditate on the words in both and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. See the ad linked to below and via the image at the left for an overview of the Petition and the issues.

Washington Times — Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court – Washington Times National Weekly edition – 22 Nov 2010 issue, page 5: http://www.scribd.com/doc/43541103/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-on-Tues-Nov-23-2010-WTNW-pg-5

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446
1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”
4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.————————————————————-Further comments by CDR Kerchner (Ret):Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards. Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.

Albert Gallatin [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin

James Shields [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Again, please take the time to read or re-read the Petition then read this ad. The questions and the main brief are only 36 succinctly written and easy to read pages. Then meditate on the words therein and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. May God help us save our liberty and republic and protect us in the days ahead.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
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Atty Apuzzo & CDR Kerchner will be on the Revolution Radio Show hosted by Dr. Kate – Wed, 17 Nov 2010, 9:00 p.m. EST

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Tuesday, November 16, 2010 @ 8:33 PM

Atty Apuzzo & CDR Kerchner will be on the Revolution Radio Show hosted by Dr. Kate – Wed, 17 Nov 2010, 9:00 p.m. EST

Atty Mario Apuzzo and CDR Charles Kerchner (Ret) will be guests on the Revolution Radio Show hosted by Dr. Kate on Wednesday, 17 Nov 2010, at 9:00 p.m. EST. The subject will be the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court including review of the four questions presented in the Petition. Two Justices, Sotomayer and Kagan, have been requested in the Petition to recuse themselves from this case in that they have a direct financial conflict of interest in the outcome of this case, i.e., their very appointments to the court were made by Obama. We have also asked the Justices in our Petition to take judicial notice of the Lt Col Lakin court martial in process and the Affidavit filed in that military trial by Lt Gen McInerney as to the impact that the uncertainty of the constitutional eligibility of Obama is having on our military whose members have all sworn an oath to support and defend the Constitution against all enemies foreign and domestic. Recent activity in the case includes an Amicus Curiae Brief which was filed by the Western Center of Journalism in support of the Kerchner et al v Obama et al Petition for Writ of Certiorari before the U.S. Supreme Court. The uncovering and initial release to the public by this blog on 5 Nov 2010 of the Congressional Research Service (CRS)internal memorandum to members of Congress will also be discussed.Listen to podcast replay at this link:
http://www.blogtalkradio.com/drkate/2010/11/18/revolution-radio-kerchner-obama-the-constitution

Also stop by and read Dr. Kate’s post-show blog on the show and the comments at:
http://drkatesview.wordpress.com/2010/11/18/kerchner-and-apuzzo-interview-on-revolution-radio/

The Petition to the U.S. Supreme Court was filed on 30 Sep 2010 and is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on Tuesday, 23 Nov 2010. To read the Petition see this link: http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446

1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”

4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.

————–

P.S. A special request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano “Freedom Watch” TV show to be a discussion of the legal term of art, “natural born Citizenship”. Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano “Freedom Watch” TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be “natural born Citizenship”. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano’s Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see the protectourliberty.org site and help the cause with a donation:
http://www.protectourliberty.org
http://puzo1.blogspot.com
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