Monday, July 26, 2010
Judges on the 3rd U.S. Circuit Court of Appeals suddenly have abandoned plans to assess damages against attorney Mario Apuzzo
The Daily Kos Obama Certification, which is on obama's fight the smears web site, is compared to a BLANK image that is of dramatically higher resolution and quality. I can see why obama does not want to show this as his proof of US citizenship in court. Story Reports
If obama was born outside of the US he became an illegal alien at birth and for 33 years until 1994 when he became a citizen because of The Immigration and Nationality Corrections Act (Public Law 103-416) on October 25, 1994 revised. Obama's only proof presented to the world indicates he was born outside of the US. BO's BC does not identify the Hawaiian Hospital he was born in nor the doctor name etc.
Judges on the 3rd U.S. Circuit Court of Appeals suddenly have abandoned plans to assess damages against attorney Mario Apuzzo.
The decision came from Judge Dolores Sloviter in the Kerchner vs. Obama case handled by attorney Mario Apuzzo. The court had ordered Apuzzo to explain why defense costs shouldn't be assessed against him for the "frivolous" appeal.
Attorney Mario Apuzzo argued that if there was to be punishment, he would have the right to know whether the defendants could have mitigated their injury by publicly releasing Obama's birth documentation.
Judge Dolores Sloviter in the Kerchner vs. Obama newest order denied Apuzzo's request to reconsider the case and stated "based on Mr. Apuzzo's explanation of his efforts to research the applicable law on standing, we hereby discharge the Order to Show Cause."
The case was filed against Obama, Congress and others just before Obama was sworn into office, arguing that Obama was a British subject and not a U.S. citizen.
"We further contend that Obama has failed to even conclusively prove that he is at least a 'citizen of the United States' under the Fourteenth Amendment as he claims by conclusively proving that he was born in Hawaii," the lawsuit claims.
Apuzzo is saying obama has not qualified under the fourteenth amendment. Apuzzo is correct. Obama has only prseented a "certification of live birth" on the web that is a flawed document. The "proof" obama has prsented to the world has not and cannot be verified by anyone in the United States.
The 14th Amendment to the U.S. Constitution reads in part:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside."
The 14th Amendment was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. It was written in a manner so as to prevent state governments from ever denying citizenship to blacks born in the United States. But in 1868, the United States had no formal immigration policy, and the authors therefore saw no need to address immigration explicitly in the amendment.
The United States did not limit immigration in 1868 when the Fourteenth Amendment was ratified. Thus there were, by definition, no illegal immigrants and the issue of citizenship for children of those here in violation of the law was nonexistent.
Granting of automatic citizenship to children of illegal alien mothers is a recent and totally inadvertent and unforeseen result of the amendment and the Reconstructionist period in which it was ratified.
My point is obama does not even qualify under the 14th amendment because he has failed to prove he was born or naturalized in the United States. Story Reports
The Immigration and Nationality Corrections Act (Public Law 103-416) on October 25, 1994 was revised.
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years.
Obama was an ILLEGAL ALIEN for 33 years until The Immigration and Nationality Corrections Act (Public Law 103-416) on October 25, 1994 was revised. On this date obama became a US citizen but not a NATURAL BORN CITIZEN.
Obama’s "American citizen parent", Ann Dunham, had to have been a resident of the United States for 10 years, at least five of which were over the age of 14. Dunham did not meet that requirement (of the Nationality Act of 1940, revised June, 1952) until her 19th birthday in late November of 1961, almost four months after Obama was born.
If 17 year old Ann Dunham gave birth to a child on foreign soil whose father was not an American citizen, then the Immigration and Nationality Act at that time denied Barack Obama any right to American citizenship of any kind. Obama's mother Stanley Ann Dunham was born Nov 29, 1942. Obama was born on Aug 4, 1961 as his undocumented "cerfication of live birth" shows. Obama was born 18 years 8 months after his mother was born.
The "certification of live birth" obama has presented to the world is issued to persons who are not born in hospitals and most likely were born outside of the US. This is why his "birth certification" does not list a hospital, doctor or registrar name.
Obama has FAILED to present proof he was born in an Hawaiian hospital. The "certification of live birth" he presnted on the web does not indicate this information. Obama has not presented ANY conclusive proof he is a US citizen!
Apuzzo case alleges Congress failed to follow the Constitution, which "provides that Congress must fully qualify the candidate 'elected' by the Electoral College Electors."
The district court rejected the case based on issues of "standing" and never addressed the core issues presented. The appellate court did the same.
"So that I may have a meaningful opportunity to present defenses to defendants' claim of damages and costs, including showing that defendants have failed to mitigate their claimed damages, I am requesting limited discovery of Obama's (certificate of live birth), his 1961 long-form birth certificate, and any documents that may be relevant in showing where Obama was born, along with a hearing on the record at which I will have a fair opportunity to present witnesses, evidence and defenses to the defendants' claim of damages and costs," he wrote.
The court's response was to drop the "Order to Show Cause" almost immediately, referencing only Apuzzo's "research."
(This part is what is interesting. The court would have had to require obama to prove his claim of damages and costs. Since obama CAN'T PROVE he is a citizen the court DROPPED the "Order to Show Cause" almost immediately. I think the court was really afraid of this. They really didn't want to risk Mr. Apuzzo having a legal reason to get BO's BC. This in itself is PROOF obama is a FRAUD!) Story Reports
If obama was born outside of the US he became an illegal alien at birth and for 33 years until 1994 when he became a citizen because of The Immigration and Nationality Corrections Act (Public Law 103-416) on October 25, 1994 revised
Original intent of the 14th Amendment
Blogger admits Hawaii birth certificate forgery, subverting Obama claims