Kerchner V Obama & Congress Doc 39 - Inquiry Letter To Judge Simandle Filed 10-1-09
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Case 1:09-cv-00253-JBS-JS
Document 39
Filed 10/01/2009
Page 1 of 3
LAW OFFICES OF MARIO APUZZO 185 Gatzmer Avenue Jamesburg, New Jersey 08831 (732) 521-1900 FAX (732) 521-3906 Email [email protected]
October 1, 2009 Via Electronic Filing Hon. Jerome B. Simandle United States District Court District of New Jersey Mitchell H. Cohen U.S. Courthouse 1 John F. Gerry Plaza Camden, New Jersey 08101 Re: Kerchner et al. v. Obama et al. Civil Action No.: 09-253 Dear Judge Simandle: I am writing to the Court to express my client’s and my concern for the amount of time that has passed without the Court rendering a decision on the two motions currently pending before the Court. We allege in our amended complaint/petition that putative President, Barack Obama, is not eligible under Article II to be President and Commander in Chief. We allege that he failed to conclusively prove that he was born in Hawaii, and that he is also not an Article II “natural born Citizen” even if he proves that he was born in Hawaii. Defendants filed a motion to dismiss the complaint/petition which was scheduled on the court’s calendar for August 3, 2009. Plaintiffs filed a cross-motion for leave nunc pro tunc
Case 1:09-cv-00253-JBS-JS
Document 39
Filed 10/01/2009
Page 2 of 3
to file and serve their Second Amended Verified Complaint Petition, which was scheduled on the court’s calendar for August 17, 2009. It is now October 1, 2009, and the Court has not yet rendered its decision on these two motions. Whether or not the President of the United States is eligible for the Office he currently occupies is of critical importance to my clients, for his actions have a profound impact on their liberty and security. Every passing day Mr. Obama takes executive action that significantly impacts on their lives. Mr. Obama is now acting as the Commander in Chief and the Diplomat in Chief in addition to President. As such, Mr. Obama has power of life and death for millions of people in his sole hand, including that of my clients. He could conceivably end all life on earth in a single day. Every executive action that Mr. Obama takes jeopardizes the plaintiffs every passing day. The Court can take judicial notice of the following facts from daily news report in the national media: Obama is currently involved in protecting the United States and its allies from foreign attacks by international negotiations with world leaders. He is currently making daily decisions regarding America’s war on terrorism, which includes but is not limited to waging and managing the wars in Iraq and Afghanistan. He is currently making decisions on the spread of nuclear weapons, including preventing Iran and North Korea from obtaining such weapons. He is currently engaged in discussions with world leaders regarding working out a peace agreement between Israel and the Palestinians. He has and continues to make 2
Case 1:09-cv-00253-JBS-JS
Document 39
Filed 10/01/2009
Page 3 of 3
decisions affecting the American economy which have the potential impact to drastically change its free enterprise and capitalist nature. Plaintiffs filed the initial complaint at about 2:50 a.m. on January 20, 2009, when Obama was not yet the President but only the President Elect. It is now October 1, 2009, or 254 days later, and we have not yet had any decision to move this case forward one way or another. Given the dire potential consequences to plaintiffs’ liberty, safety, and tranquility, we are respectfully requesting that the Court render its decision on the two motions expeditiously.
Respectfully yours, /s Mario Apuzzo Mario Apuzzo MA Cc: Elizabeth A. Pascal, Esq. via electronic filing Plaintiff clients
3
Document 39
Filed 10/01/2009
Page 1 of 3
LAW OFFICES OF MARIO APUZZO 185 Gatzmer Avenue Jamesburg, New Jersey 08831 (732) 521-1900 FAX (732) 521-3906 Email [email protected]
October 1, 2009 Via Electronic Filing Hon. Jerome B. Simandle United States District Court District of New Jersey Mitchell H. Cohen U.S. Courthouse 1 John F. Gerry Plaza Camden, New Jersey 08101 Re: Kerchner et al. v. Obama et al. Civil Action No.: 09-253 Dear Judge Simandle: I am writing to the Court to express my client’s and my concern for the amount of time that has passed without the Court rendering a decision on the two motions currently pending before the Court. We allege in our amended complaint/petition that putative President, Barack Obama, is not eligible under Article II to be President and Commander in Chief. We allege that he failed to conclusively prove that he was born in Hawaii, and that he is also not an Article II “natural born Citizen” even if he proves that he was born in Hawaii. Defendants filed a motion to dismiss the complaint/petition which was scheduled on the court’s calendar for August 3, 2009. Plaintiffs filed a cross-motion for leave nunc pro tunc
Case 1:09-cv-00253-JBS-JS
Document 39
Filed 10/01/2009
Page 2 of 3
to file and serve their Second Amended Verified Complaint Petition, which was scheduled on the court’s calendar for August 17, 2009. It is now October 1, 2009, and the Court has not yet rendered its decision on these two motions. Whether or not the President of the United States is eligible for the Office he currently occupies is of critical importance to my clients, for his actions have a profound impact on their liberty and security. Every passing day Mr. Obama takes executive action that significantly impacts on their lives. Mr. Obama is now acting as the Commander in Chief and the Diplomat in Chief in addition to President. As such, Mr. Obama has power of life and death for millions of people in his sole hand, including that of my clients. He could conceivably end all life on earth in a single day. Every executive action that Mr. Obama takes jeopardizes the plaintiffs every passing day. The Court can take judicial notice of the following facts from daily news report in the national media: Obama is currently involved in protecting the United States and its allies from foreign attacks by international negotiations with world leaders. He is currently making daily decisions regarding America’s war on terrorism, which includes but is not limited to waging and managing the wars in Iraq and Afghanistan. He is currently making decisions on the spread of nuclear weapons, including preventing Iran and North Korea from obtaining such weapons. He is currently engaged in discussions with world leaders regarding working out a peace agreement between Israel and the Palestinians. He has and continues to make 2
Case 1:09-cv-00253-JBS-JS
Document 39
Filed 10/01/2009
Page 3 of 3
decisions affecting the American economy which have the potential impact to drastically change its free enterprise and capitalist nature. Plaintiffs filed the initial complaint at about 2:50 a.m. on January 20, 2009, when Obama was not yet the President but only the President Elect. It is now October 1, 2009, or 254 days later, and we have not yet had any decision to move this case forward one way or another. Given the dire potential consequences to plaintiffs’ liberty, safety, and tranquility, we are respectfully requesting that the Court render its decision on the two motions expeditiously.
Respectfully yours, /s Mario Apuzzo Mario Apuzzo MA Cc: Elizabeth A. Pascal, Esq. via electronic filing Plaintiff clients
3
