Case 1:09-cv-00253-JBS-JS Document 39 Filed 10/01/2009 Page 1 of 3

LAW OFFICES OF
MARIO APUZZO
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
(732) 521-1900
FAX (732) 521-3906
Email apuzzo@erols.com

October 1, 2009

Via Electronic Filing

Hon. Jerome B. Simandle
United States District Court
District of New Jersey
Mitchell H. Cohen U.S. Courthouse
1 John F. Gerry Plaza
Camden, New Jersey 08101

Re: Kerchner et al. v. Obama et al.

Civil Action No.: 09-253

Dear Judge Simandle:

I am writing to the Court to express my client’s and my concern for the

amount of time that has passed without the Court rendering a decision on the two

motions currently pending before the Court. We allege in our amended

complaint/petition that putative President, Barack Obama, is not eligible under

Article II to be President and Commander in Chief. We allege that he failed to

conclusively 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. Defendants

filed a motion to dismiss the complaint/petition which was scheduled on the court’s

calendar 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 was

scheduled 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 he

currently 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 takes

executive action that significantly impacts on their lives. Mr. Obama is now acting

as 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 sole

hand, including that of my clients. He could conceivably end all life on earth in a

single 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 daily

news report in the national media: Obama is currently involved in protecting the

United States and its allies from foreign attacks by international negotiations with

world leaders. He is currently making daily decisions regarding America’s war on

terrorism, which includes but is not limited to waging and managing the wars in Iraq

and 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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decisions affecting the American economy which have the potential impact to

drastically change its free enterprise and capitalist nature.

Plaintiffs filed the initial complaint at about 2:50 a.m. on January 20, 2009,

when Obama was not yet the President but only the President Elect. It is now

October 1, 2009, or 254 days later, and we have not yet had any decision to move

this case forward one way or another. Given the dire potential consequences to

plaintiffs’ liberty, safety, and tranquility, we are respectfully requesting that the

Court render its decision on the two motions expeditiously.

Respectfully yours,

/s Mario Apuzzo
Mario Apuzzo
MA
Cc: Elizabeth A. Pascal, Esq. via electronic filing
Plaintiff clients