All Videos Tagged RULING (REAL CONSERVATIVES) - REAL CONSERVATIVES 2024-05-20T18:12:36Z http://tpartyus2010.ning.com/video/video/listTagged?tag=RULING&rss=yes&xn_auth=no SUPRESSED HISTORY tag:tpartyus2010.ning.com,2009-10-25:3180617:Video:14944 2009-10-25T03:30:37.575Z Your Uncle Sam http://tpartyus2010.ning.com/profile/YourUncleSam <a href="http://tpartyus2010.ning.com/video/supressed-history"><br /> <img alt="Thumbnail" height="180" src="http://storage.ning.com/topology/rest/1.0/file/get/58917475?profile=original&amp;width=240&amp;height=180" width="240"></img><br /> </a> <br></br>INFORMATIVE<br></br> <br></br> Kerchner v Obama Motion To Dismiss GRANTED<br></br> October 21, 2009<br></br> DOJ notifies Judge Carter re: Kerchner ruling<br></br> <br></br> Judge Jerome B. Simandle has GRANTED the defense’s MOTION to DISMISS due to LACK OF STANDING.<br></br> <br></br> Surprise.<br></br> <br></br> Quick summary.<br></br> <br></br> Case brought by Mario Apuzzo on behalf of Charles Kerchner, Jr and 3 others… <a href="http://tpartyus2010.ning.com/video/supressed-history"><br /> <img src="http://storage.ning.com/topology/rest/1.0/file/get/58917475?profile=original&amp;width=240&amp;height=180" width="240" height="180" alt="Thumbnail" /><br /> </a><br />INFORMATIVE<br /> <br /> Kerchner v Obama Motion To Dismiss GRANTED<br /> October 21, 2009<br /> DOJ notifies Judge Carter re: Kerchner ruling<br /> <br /> Judge Jerome B. Simandle has GRANTED the defense’s MOTION to DISMISS due to LACK OF STANDING.<br /> <br /> Surprise.<br /> <br /> Quick summary.<br /> <br /> Case brought by Mario Apuzzo on behalf of Charles Kerchner, Jr and 3 others against barry, Congress, Nancy Pelois and Dick Cheney.<br /> <br /> Initially filed on 1-20-09 and amended 2-9 and 6-26.<br /> <br /> Claimed violations of First, Fifth, Ninth, Tenth and Twentieth Amendments and sought declaratory and injunctive relief, as well as writ of mandamus and quo warranto.<br /> <br /> First Amendment violation: ignored requests to have barry investigated.<br /> <br /> Fifth and Twentieth Amendment violation: Congress, Pelosi, Cheney refused to investigate.<br /> <br /> Fifth Amendment violation: barry because he did not prove he was eligible and Congress has allowed him to hold office.<br /> <br /> Fifth Amendment violation: Congress held hering about Sen McCain’s eligibility but not barry’s.<br /> <br /> Ninth and Tenth Amendment violations: rights to compel barry to prove and under the Twentieth Congress must investigate.<br /> <br /> Harm: deprived of right to know if barry is a NBC and the right to have a president who is a NBC.<br /> <br /> Defendants Motion To Dismiss: Lack of subject matter jurisdiction under Rule 12 (b) (1), lack Article III standing, as well as prudential standing and just in case – defendants are covered by immunity. barry, Congress, Pelosi and Cheney sovereign immunity; Pelosi, Cheney legislative immunity; and barry, Cheney and Pelosi have qualified immunity.<br /> <br /> JUDGE SIMANDLE RULING:<br /> <br /> Claimed harm not a cognizable Constitutional injury — plaintiffs have no right to force the government to listen to their views.<br /> Harm not specific to them but to all Americans.<br /> Harm of potential Navy recall hypothetical – not an ‘injury in fact’ as required for standing.<br /> Without standing, Court cannot exercise jurisdiction<br /> MTD granted due to lack of subject matter jurisdiction.