Judges on the 3rd U.S. Circuit Court of Appeals have been told President Obama is a “security risk” and a “usurper” lacking constitutional authority since he admitted a dual citizenship at birth, thus making him ineligible for the office under the U.S. Constitution’s requirement that the president be a “natural born citizen.” 本科
The brief was filed in a case WND previously reported brought by lead plaintiff Charles F. Kerchner Jr. and others against Congress.
Attorney Mario Apuzzo filed the action in January 2009 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, former Vice President Dick Cheney and House Speaker Nancy Pelosi.
The case alleges Congress failed to follow the Constitution, which “provides that Congress must fully qualify the candidate ‘elected’ by the Electoral College Electors.”
The complaint also asserts “when Obama was born his father was a British subject/citizen and Obama himself was the same.” The case contends the framers of the U.S. Constitution, when they adopted the requirement that a president be a “natural born citizen,” excluded dual citizens.
“Plaintiffs allege that Obama has not conclusively proven that he was born in Hawaii. They also allege that even if he was so born, he cannot be an Article II ‘natural born citizen’ because his father was a British subject/citizen when Obama was born and Obama himself was born a British subject/citizen, all of which makes him ineligible to be president and commander in chief of the military,” the appeal said.
Further, it explains Obama acquired Kenyan citizenship when Kenya gained its independence from Britain. Further doubts are raised by his relationship with an Indonesian stepfather during his childhood and his travels to Pakistan in 1981.
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In an online commentary, Kerchner said, “This is not going to go away until Obama stops hiding ALL his hidden and sealed early life documents and provides original copies of them to a controlling legal authority and reveals his true legal identity from the time he was born until the time he ran for president.
“Obama at birth was born British and a dual citizen. He holds and has held multiple citizenship during his lifetime. He’s a citizenship chameleon as the moment and time in his life suited him and he is not a ‘natural born citizen’ with sole allegiance … to the USA as is required per the Constitution,” he said.
The appeal further challenges that not only might Obama not be a “natural born citizen,” he might not even be in the United States legally.
“If Obama was not born in the United States, there exists a possibility that Obama could be an illegal alien,” it states.
The brief notes Obama’s campaign website Fight the Smears documented his British citizenship through his father at his birth.
“Neither has the 14th Amendment nor any U.S. Supreme Court decision, nor any act of Congress, changed the original common law definition of an Article II natural born citizen (to be distinguished from a ‘citizen of the United States’) which is a child born in the country to a United States citizen mother and father,” the appeal said.
“Plaintiffs are requesting that the court enforce the United States Constitution, the supreme law of the land, and not allow Obama to amend the Constitution by usurpation,” the brief said.
The case had been dismissed at the district court level, based on the judge’s ruling that plaintiffs didn’t have “standing” to bring the complaint.
The brief challenged that position directly, citing former Vice President Dick Cheney’s assertion that Obama’s plan to bring terrorists to trial in civilian courts in New York City threatens national security.
Cheney said, “I think it’s likely to give encouragement, aid and comfort to the enemy.”
The appeal said,
“If Obama is not an Article II ‘natural born citizen,’ plaintiffs cannot trust him to protect them. In such a case, plaintiffs have a right under the Fifth Amendment to bring an action against Obama and Congress in which they seek to protect their own life, liberty, and property, including their safety, security and tranquility, and to have Obama removed from office because he is not a ‘natural born citizen.’ These are real and concrete life and death needs,
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