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Third Circuit to Apuzzo: YOU WIN!

by Dr. Conspiracy on 27. Jul, 2010 in Mario Apuzzo

Apart from the sensationally misleading but technically accurate title to this article, the rest is straight and not intended to be sarcastic.

Certainly readers here have seen criticism from the bully pulpit of the Obama Conspiracy Theories blog of the filings in the Kerchner v Obama lawsuit, filings submitted under the signature of Mario Apuzzo, Esq. You have also seen criticism of articles on his blog, and of comments he made here.

Readers will also have seen criticism of Mr. Apuzzo personally, although I hope not by me. Comments have been made against his law practice (DWI lawyer) and his career in general (mediocre). I don’t hold with such ad hominem attacks both because they include biased reporting lacking proper citation, and further because they are irrelevant to the conspiracy theories which are the subject matter of this blog.

This brings me to the subject of this article, Mr. Apuzzo’s win. I have no idea how many if any DWI cases Apuzzo has defended, but he has also represented plaintiffs in immigration cases, one of which was the case of Guedes-Munoz v Atty Gen USA that was heard by the Third Circuit Court of Appeals. I can’t judge the complexity of the case, or the brilliance of Apuzzo’s filings, but it looks like he won.

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Mario’s Masterful Missive (Updated)

by Dr. Conspiracy on 22. Jul, 2010 in Lawsuits, Lounge, Mario Apuzzo

Dr. Conspiracy

Editorial

I’ve seen some disparaging remarks from the attorneys that post here and elsewhere about the response to the Order to Show Cause in the case of Kerchner v Obama filed by Mario Apuzzo. With all due respect to these learned persons, I think Apuzzo’s response was masterfully done and I think that these critical attorneys just say what they do because they think like lawyers. To fully appreciate what Mr. Apuzzo has accomplished with his argument and his cases, it’s necessary do a little thinking outside of the box (or perhaps beyond the bar).

Appreciation of the response requires review of the background in the Kerchner case which is hardly an ordinary lawsuit. I wrote about Apuzzo’s second amended complaint in a series of articles, Kerchner v. Obama and the WHOLE COUNTRY and Kerchner v. Obama and the WHOLE COUNTRY, Part 2. (more…)

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Apuzzo strikes back

by Dr. Conspiracy on 20. Jul, 2010 in Lawsuits, Mario Apuzzo

The choice that I face is between reading Apuzzo’s response to the appeals court’s order to show cause why he shouldn’t be punished for filing a frivolous lawsuit, and getting a haircut.

I choose the haircut. You make your own choice. (more…)

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Obama made me do it!

by Dr. Conspiracy on 09. Jul, 2010 in Charles Kerchner, Lawsuits, Mario Apuzzo, WorldNetDaily

Is attorney Mario Apuzzo trying to snatch victory from the jaws of defeat? Perhaps, according to an article in WorldNetDaily yesterday (July 8, 2010).

The Third Circuit Court of Appeals denied Apuzzo’s appeal in the case of Kercher et al v Obama et al, going so far as to order Apuzzo to show cause why he shouldn’t face penalties for filing a “frivolous appeal” (in a case where his clients lacked standing to bring suit in the first place).

However, when life gives you lemons, make lemonade. In this case Apuzzo wants to turn the penalties themselves into an individual cause of action because of the particularized harm to Apuzzo from the penalties. Says WorldNetDaily:

He told WND he definitely will explore the issue of “standing” now because of the possible penalties, which might be considered an “injury.”

So what’s wrong with this picture? First, Apuzzo is not a party to this lawsuit and any harm to him doesn’t give Kerchner standing. Second, he can’t bring up something in the appeal that was not part of the original suit. The more important issue, however, is that there is no causal link between Obama’s actions and Apuzzo’s pending penalties unless Apuzzo is going to say of his filing the appeal:

Obama made me do it!

PS: if you think you’ve heard this before, perhaps you have. Orly Taitz tried the same gambit in Taitz v. Obama (Page 3).

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Appeals court shows Apuzzo the “red card”

by Dr. Conspiracy on 02. Jul, 2010 in Charles Kerchner, Lawsuits, Mario Apuzzo

Kerchner v Obama

The demonization of President Obama takes many forms, from eschatological views that Obama is ending life as we know it to the “birther movement” that seeks to get around the constitutional process by which we elect presidents to undo the last election in the courts. The courts are having nothing of it and have once again rejected this ploy.

In honor of the World Cup, I use the soccer/football analogy of a red card to characterize rulings by the Third Circuit Court of Appeals regarding attorney Mario Apuzzo’s appeal in the case of Kerchner v. Obama which the court characterized as frivolous. Apparently beating a dead horse is against federal court rules.

Thanks to commenter Rickey for the links and I take this opportunity to again thank many other commenters here for their valuable contributions.

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One question for Mario Apuzzo regarding where Obama was born

by Dr. Conspiracy on 28. Jun, 2010 in Birth Location, Mario Apuzzo

A new article has appeared over at Mr. Apuzzo’s blog, Two Questions to Ask Putative President Obama’s Enablers Regarding Where Obama Was Born. His questions were something about naming the location of the building and the  people in the room when President Obama was born. I’m not going to get an answer any time soon, I fear, because the only way to fully put the answer in to context is to start with our first 43 presidents and work forward to Obama and I think the task is going to prove extremely difficult to complete, if not impossible. (I don’t know if the Washingtons had a long form or a short form family Bible.)

I have a more interesting challenge

Let’s go back to Apuzzo’s “Catalog of doubts.” I would suggest that either the Catalog is a smear, pure and simple–full of intentionally misleading statements, lies and prejudicial verbal trickery, or it is a sincerely presented collection of what is believed to be trustworthy information, contextually accurate, and fairly interpreted. Let’s assume for the rest of this discussion that the latter is the case. (more…)

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Kerchner appeal scheduled for next week

by Dr. Conspiracy on 27. Jun, 2010 in Charles Kerchner, Lawsuits, Mario Apuzzo

Snowball's chance in hell

June 15, 2010
Mario Apuzzo Esq.
Eric Fleisig-Greene Esq.
RE: Charles Kerchner, Jr., et al v. Barack Obama, et al
Case Number: 09-4209
District Case Number: 1-09-cv-00253
Dear Counsel:
The Court has directed me to advise counsel that the above-entitled case(s) will be submitted on the briefs on Tuesday, June 29, 2010 pursuant to 3rd Cir. LAR 34.1(a). Since there will be no oral argument, your presence will not be required.
Very truly yours,
Marcia M. Waldron, Clerk
By:
Tiffany Washington, Calendar Clerk

MMW/TLW
Pursuant to IOP Chapter 2, you are hereby advised that your appeal will be submitted before the following panel: SLOVITER, BARRY and HARDIMAN, Circuit Judges

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