LAW OFFICES OF MARIO APUZZO
October 1, 2009Via Electronic FilingHon. Jerome B. SimandleUnited States District CourtDistrict of New JerseyMitchell H. Cohen U.S. Courthouse1 John F. Gerry PlazaCamden, New Jersey 08101Re: Kerchner et al. v. Obama et al.Civil Action No.: 09-253Dear Judge Simandle:I am writing to the Court to express my client’s and my concern for theamount of time that has passed without the Court rendering a decision on the twomotions currently pending before the Court. We allege in our amendedcomplaint/petition that putative President, Barack Obama, is not eligible under Article II to be President and Commander in Chief. We allege that he failed toconclusively 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. Defendantsfiled a motion to dismiss the complaint/petition which was scheduled on the court’scalendar for August 3, 2009. Plaintiffs filed a cross-motion for leave nunc pro tunc
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to file and serve their Second Amended Verified Complaint Petition, which wasscheduled 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 hecurrently 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 takesexecutive action that significantly impacts on their lives. Mr. Obama is now actingas 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 solehand, including that of my clients. He could conceivably end all life on earth in asingle 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 dailynews report in the national media: Obama is currently involved in protecting theUnited States and its allies from foreign attacks by international negotiations withworld leaders. He is currently making daily decisions regarding America’s war onterrorism, which includes but is not limited to waging and managing the wars in Iraqand 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
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