Just when Mario Apuzzo thought he had found the proper case to get back into the game of creating legal mischief for the Democrats and the President our second or third favorite Birther Attorney had his hopes dashed in Pennsylvania. Mario had filed an application to become co-counsel for his best bud Charlie Kerchner in his ballot challenge case in Pennsylvania. He even had a local sponsor. Attorney Karen Kiefer, who appeared with Charlie at the
news conference small gathering of fellow kooks held in the Pennsylvania state Capitol last week had signed the application. Unfortunately, Apuzzo made the strategic blunder of the year and submitted a 200 page “brief” outlining his kooky two citizen parent natural born citizen theory nonsense before the judge had ruled on his pro hac vice application. Pro hac vice is one of those Latin terms lawyers love to use to look smarter than the average Joe when something more mundane like”specifically admitted for practice in this case” would suffice. Pro hac vice sounds a lot more impressive and makes it more palatable when the attorney sends the client the bill for being a high powered out of state attorney.
Why did I say Mario made a blunder? Well if you are a Birther attorney who already has had three judges in the United States Court of Appeals call your filings “frivolous” and threaten to dip into your wallet he last thing you want to do is give a judge a sneak preview of those same frivolous arguments. You want to play it low key and not give the judge any reason to look at your work. Well Mario not only gave the judge a sneak peek he did the full Monty. It was like asking a friend to put you up for the night and telling him “Oh, by the way I cannot control my bowels at night and it will get messy.” The judge told Mario to take his Birther side show back to New Jersey and his blog.
So Commodore Kerchner will have to do this one with out his faithful sidekick Mario. It won’t last long though. The Pennsylvania ballot challenge could be history by the time I finish writing this article. The hearing is being held today at 10 AM EST, and the Democratic Party hired a kick ass lawyer who filed the successful opposition to Mario’s PHV application.
Maybe Mr. Apuzzo should have taken my previous advice to jump in the Tisdale v Obama case instead of this one?
[Updated 3/1/2012, 1:25 PM EST]
As expected Judge Keith B. Quigley ruled in favor of arguments brought by President’s attorney John P. Lavelle of Philadelphia that the state appellate court only had jurisdiction to hear arguments on defects in nominating petitions. In other words he granted the motion to dismis[s.
[Updated 3/4/2012, 9:00 AM EST]
Poor Charles Kerchner is not a happy camper:
There is also nothing posted on Mario’s blog about either the PHV denial or the dismissal except for a comment by Kerchner on the dismissal.