All Videos Tagged SIMANDLE (REAL CONSERVATIVES) - REAL CONSERVATIVES2024-05-20T19:18:51Zhttp://tpartyus2010.ning.com/video/video/listTagged?tag=SIMANDLE&rss=yes&xn_auth=noSUPRESSED HISTORYtag:tpartyus2010.ning.com,2009-10-25:3180617:Video:149442009-10-25T03:30:37.575ZYour Uncle Samhttp://tpartyus2010.ning.com/profile/YourUncleSam
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</a> <br></br>INFORMATIVE<br></br>
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Kerchner v Obama Motion To Dismiss GRANTED<br></br>
October 21, 2009<br></br>
DOJ notifies Judge Carter re: Kerchner ruling<br></br>
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Judge Jerome B. Simandle has GRANTED the defense’s MOTION to DISMISS due to LACK OF STANDING.<br></br>
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Surprise.<br></br>
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Quick summary.<br></br>
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Case brought by Mario Apuzzo on behalf of Charles Kerchner, Jr and 3 others…
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</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 />
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Initially filed on 1-20-09 and amended 2-9 and 6-26.<br />
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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 />
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First Amendment violation: ignored requests to have barry investigated.<br />
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Fifth and Twentieth Amendment violation: Congress, Pelosi, Cheney refused to investigate.<br />
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Fifth Amendment violation: barry because he did not prove he was eligible and Congress has allowed him to hold office.<br />
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Fifth Amendment violation: Congress held hering about Sen McCain’s eligibility but not barry’s.<br />
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Ninth and Tenth Amendment violations: rights to compel barry to prove and under the Twentieth Congress must investigate.<br />
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Harm: deprived of right to know if barry is a NBC and the right to have a president who is a NBC.<br />
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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 />
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JUDGE SIMANDLE RULING:<br />
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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.