Birther Attorney Mario Apuzzo continues to rack up the losses

New Jersey attorney Mario Apuzzo who seems to have made a legal career out of losing Birther cases has continued his perfect record into the 2016 election cycle. I first chronicled Apuzzo’s record back in 2012 with an article I wrote titled “Mario Apuzzo’s Mazing  Birther Legal Adventures”.  After losing 11 12 actions against first President Elect then President Barack Obama from 2009 – 2013 covering two presidential cycles he filed challenges against candidate Ted Cruz in 2016. He teamed up with a familiar name in Vermont, Brooke Paige, and new plaintiffs in New Jersey and Pennsylvania. [I updated the case list and added it at the end of this post.]

In Vermont as was the case in 2012 Mr. Paige filed pro se because Mario was not admitted to practice there but Mr. Apuzzo provided assistance in writing the complaint. Paige actually challenged four candidates. In addition to Canadian born Senator Ted Cruz he challenged Florida Senator Marco Rubio and two minor party candidates as being ineligible.  The case was filed against the Vermont Secretary of State to force him to remove the names from the primary ballot. Mr. Paige (and Mario) failed again.

In New Jersey on his home turf Mario teamed up with new plaintiffs to file a ballot challenge. Once again the challenge went before Administrative Law Judge Jeff Masin. Unlike the challenge in 2012 I have not been able to locate video of the hearing before Judge Masin. The 2012 hearing was memorable because we got to see Mario schooled by a quite young but capable attorney Ms. Alexandra Hill. Apuzzo’s case, Powers v Cruz was combined with a case brought by a write in candidate and attorney Victor Williams. Judge Masin dismissed the challenges and ruled that Ted Cruz was eligible.

Finally Mr. Apuzzo has signed on to write a appeal to the Supreme Court for a ballot challenge case from the Commonwealth of Pennsylvania. That case was filed by Pittsburgh resident Carmen Elliott. He lost in both district court and the state supreme court in Pennsylvania. The petition to the Supreme Court of the Untied States is pending. Most followers of these types of cases give it little chance of being heard.

For a full listing of the Birther cases see the prior article I linked above. Details of these cases are available on this blog, at the Fogbow forum, and at Obama Conspiracy Theories. Mario Apuzzo’s and Charles Kerchner’s blogs also have articles and case document. I believe the list is complete but I might have missed an appeal in Vermont or New Jersey. Cruz appeared on the ballot in both state primaries however.

The net effect of the 2016 election cycle is that the Birthers have managed to create a fairly sizable collection of decisions that anyone who is a citizen from birth regardless of birth location is a natural born citizen. It’s not what the Birthers intended but as is often the case with them the outcomes are not in line with their views and desires.

This is the updated list of Mario Apuzzo’s Birther cases and the outcomes:

 

Date Case Outcome
2009 Kerchner et al v. Obama et al Charles F. KerchnerD.N.J. (Federal) Dismissed
2010 Kerchner et al v. Obama et al Charles F. Kerchner 3rd Circuit Court of Appeals DISMISSAL AFFIRMED Published Opinion – Appeal ruled frivolous under FRAP 38. Show Cause (Sanctions) Order Issued
2010 Kerchner et al v. Obama et al Charles F. Kerchner Supreme Court of the US Writ for Certiorari Denied
2012 Kerchner et al v. Obama et al Charles F. Kerchner Dale A. Laudenslager – Pennsylvania State Commonwealth Court Apuzzo application for admission pro vice denied. Amended application for admission denied. Apuzzo filed a 199 page amicus brief. Case dismissed.
2012 Tisdale v Obama4th Circuit Court of Appeals (District court in VA dismissed sua sponte) Apuzzo unable to find sponsor for pro hac vice application. Filed 52 page amicus brief. Dismissal affirmed.
2012 Strunk v NY State Board of Elections et al
NY State Supreme Court Kings County, NY
Apuzzo filed Amicus brief. (It was actually a blog post by Appuzo that Strunk sent to the court and Judge Schack chose to treat is an amicus brief). Case dismissed. Sanctions and fees imposed on plaintiff Strunk
2012 Purpura et al v. Obama Nicholas E. Purpura Theodore T.Moran – New Jersey Ballot Challenge Apuzzo argued before ALJ Jeff Masin Challenge dismissed – “case without merit.”SoS Affirmed dismissal
2012 Purpura et al v. Obama Nicholas E. Purpura Theodore T.Moran – New Jersey Ballot Challenge – Appeal to New Jersey Superior Court Apuzzo argued before three judge panel. Appeal dismissed “case without merit”
2012 Purpura et al v. Obama Nicholas E. Purpura Theodore T.Moran – New Jersey Ballot Challenge – Appeal to New Jersey Supreme Court “Petition for certification denied with costs.”
2012 Paige v State of Vermont, SoS Condos, and Barack Obama – Vermont Ballot Challenge – Vermont Superior Court “Petition Denied”
2013 Paige v State of Vermont, SoS Condos, and Barack Obama – Vermont Ballot Challenge – Appeal to Vermont Supreme Court “Appeal dismissed as moot”
2014

 

Paige v State of Vermont, SoS Condos, and Barack Obama – Vermont Ballot Challenge -Petition to the Supreme Court of the United States “Petition DENIED”
2016

 

Paige v Condos – Vermont Superior Court, Ballot Challenge against Cruz, Rubio and Two Other Candidates. (Paige pro se but with assistance from Apuzzo) “Challenge DENIED”
2016

 

Powers v Cruz (Combined with Williams v Cruz) – New Jersey Ballot Challenge “Challenge DENIED. Ted Cruz is eligible and meets the requirements of Article II”
2016

 

Elliott v Cruz – Petition to the Supreme Court of the United States (appeal of denial of Pennsylvania ballot challenge, Apuzzo wrote petition) Petition for Writ for Certiorari pending
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81 Responses to Birther Attorney Mario Apuzzo continues to rack up the losses

  1. Dave B. says:

    Speaking for myself– and I’m sure it’s true for many of us– I owe birthers some debt of gratitude for bringing me to a point where I’ve learned more about certain aspects of the law than I ever even imagined existed. It was never good enough to just say they were wrong, and morons, however wrong and moronic they have been– I had to go see exactly what they were wrong about, and how. And in so doing I have come far from where I started.
    But can you imagine how much more we could’ve learned from interacting with them if they hadn’t been such a pack of idiots?

  2. stevor says:

    Just because the CORRUPT courts won’t let a legitimate case doesn’t mean the matter is wrong. Take shillary and her emails, that Comey said were irresponsible for and how shillary PERJURED herself about the matter but Lynch won’t do anything because o’bama is likely to have directed her to do that (because he’s complicit in the emails AND Benghazi)
    PS: some while back you guys posted how you were going to do whatever to make me look stupid because I think o’bama is a FRAUD. Well, I’m still waiting!)

  3. Hey, Stevor… Does it hurt to be that stupid? Because plainly, you are. Seriously, do you ever wonder how it must feel to live in the world of facts, instead of blindly swallowing whatever bullshit Fox Noise, Glenn Beck, etc. spew from their hind ends? Just checking.

    Oh, and if you want to blame somebody for the deaths at Benghazi— and bear in mind, every President since Kennedy has had more overseas diplomatic and embassy personnel killed than Obama has— blame the Republican Congress that cut $300M from the embassy security budget.

    Exactly zero Americans were harmed by Sec. Clinton’s email sloppiness, which was absolutely legal anyway. Arguably, her server was MORE secure than the outdated State Dept. system. Colin Powell and Donald Rumsfeld let 4000 Americans get killed on 9/11 in the Bush disaster because they ignored plain, repeated warnings. And then they got 3000 more killed and 10x that maimed in a trumped-up unnecessary war in Iraq, one that created the power vacuum that led to ISIS and cost $1 Trillion.

    Checkmate. Clinton and Obama did a great National Security job by all objective measures.

    And what kind of a name is Stevor anyway? Your mom wanted Steve and your dad wanted Trevor? Heh. Dumb shit loser.

    • stevor says:

      more delusions!
      shillary server was HACKED by several people. Huma Abedeeen (shillary’s lesbian lover) even wrote an email to shillary warning her of that. Geez, are ALL the regular readers to this site as delusional as you?
      You’re so ignorant that you think there’s any real difference between the GOP and dumbocraps at the top layers. They’re just two cheeks on the same BUTT (and you love to take in their crap)

  4. Thanks to a comment by bob at Obama Conspiracy Theories I updated the table to include the loss by H. Brooke Paige in 2012 in Vermont Superior Court. I believe it is safe to assume that Mr. Paige was assisted by Mario Apuzzo in the initial filings as well as the appeals.

    That makes Mario’s record a 0 for 14. 0 for 15 is pending.

  5. The sad thing is that had he been a better advocate he could have won the Cruz eligibility cases since Cruz is ineligible. But Apuzzo has another 4 years to practice his craft to get ready for Cruz’s big run in 2020.

  6. There is an update on Supreme Court case #16-13 Carmon Elliott v Ted Cruz:

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Jun 28 2016 Petition for a writ of certiorari filed. (Response due August 1, 2016)
    Jul 14 2016 Waiver of right of respondent Ted Cruz to respond filed.

    As you know if you follow a few Supreme Court cases this waiver usually is the kiss of death for a petition. It means the case didn’t make the first cut and it will be denied at the first regular conference in the Fall term, which this year happens on October 7th. .

  7. Elliott v Cruz went to conference at SCOTUS today along with probably a hundred or so other petitions that have accumulated over the summer recess. It will certainly be denied since no response was requested from the attorneys representing Ted Cruz.

    Meanwhile Ted Cruz grovelled and endorsed the guy who accused his father of being part of a conspiracy to assassinate President Kennedy and said his wife was ugly. Some people have no principles even though they might be natural born citizens.

  8. Jim Buzzell says:

    Is Obama our first illegal alien president?
    Who is Obama, does anyone other than his dead mother and grandmother really know for certain?
    Why did his handlers need to photo shop his BC?
    Was Obama registered Occidental, Columbia and Harvard as a foreign student?
    Whose passport did Obama use to return to the US for Indonesia, and where is that passport?
    Where is the passport Obama used to travel to Pakistan, India and Indonesia when he was in college, what was its country of origin?
    When was his name officially changed from Indonesian “Barry Soetoro” to “Barrack Obama”?
    Why does Obama use a SSN issued to another?
    Why are Obama’s Federal and State tax returns filed with a SSN (042-68-4425) that belongs to someone else?
    Did Bill Ayers teach Obama how to hide his past by using false IDs?
    Why does Obama continues to keep all his vital and not so vital records sealed?
    How did Obama get a fraudulently back dated Selective Service Card and Selective Service Registration form?
    Can anyone forensically prove Obama’s nationality, country of origin, paternal parentage?

    Where are Obama’s documents, period?

    Is Obama truly a man without a country?

    https://www.scribd.com/collections/3166684/Birth-Certificate-Other-Obama-ID-Docs-Forged-Expert-Reports

    • stevor says:

      wow, Jim. Somebody else at this site actually asks pertinent questions. Of course, “Reality check” can’t answer with anything other than “Complete bullshit”.

      • No, complete bullshit is the appropriate reply. Every one of the claims made by Jim Buzzell has been debunked many times over. See http://www.obamaconspiracy.org/ and here of course. Every single one of Jim’s claims is addressed at the OCT site.

        Wake me up when one of the certifying authorities (In this case the Hawaii Department of Health, Selective Service, and Social Security Administration) involved issues a statement saying that his birth certificate, selective service records, or social security number are bogus. In fact the opposite is true.

        • stevor says:

          I glanced at that web site. I saw no concise list of “proof” of claims (and it wasn’t worth my time to search).
          It reminded me of how Snopes claims to have proven that the o’bamas loss of their law licenses is nothing to remark on because they “voluntarily” gave them up. But, of course being leftist Snopes, they neglected the other half of the FACTS that the court demanded that they “voluntarily” give up their licenses.
          Yeah, it’s amazing at how half truths can “prove” all kinds of stuff (as is “proved” on DailyKos daily)

          • Dave B. says:

            So where does one find evidence of this “other half of the FACTS” in the form of a record of any court making such a demand?

          • No court “demanded” that the Obama’s give up their law licenses. That is also nonsense.

            • Jim Buzzell says:

              Then why do neither Obama’s have a law license to practice law, anywhere?

              • Northland10 says:

                To continue a law license, you have to regular pay various amounts to funds and such and take continuing education courses on a regular basis. Since it is highly unlikely that either Obama will practice law again (i.e. represent clients and do work for clients) since the President’s position would make it extremely difficult for either to continue to practice, there is no reason to go through the fees and education requirements when you are not going to use the license again. Therefore, they made a choice to voluntarily gave up their license.

                I should note that after Apuzzo’s cases for the 2008 election were complete, he stopped paying into a fund and was placed on the administratively ineligible list. That made sense if he was not intending to practice. When the next election neared, he paid into the fund and was released. Apuzzo being ineligible was not a big deal or any deal.

                You all are making much ado about a simple, logical choice the Obama’s made given their current and future situations. Your desperate search to find every wrong with the Obamas makes you quite the fool. Obama owns you now. Without lifting a finger, he has been given free room in board in your head.

            • stevor says:

              and we’re supposed to believe something published by the “obamaconspiracy” site? Geez, that seems to prove how gullible you are.

              • Stevor

                If you want to see what the report for a disbarred attorney looks like go to the Illinois Attorney Registration and Discipline web site and type in last name “Radmer” and choose “Phillip” from the results.

                https://www.iardc.org/lawyersearch.asp

                You can check the Obamas and see what going voluntarily inactive looks like. Also the ARDC put out a statement on Michelle Obama in an email in response to a public inquiry:

                Michelle Obama holds a valid license to practice law in Illinois, has never been disciplined or the subject of a disciplinary proceeding in Illinois and is on voluntary inactive status as an Illinois lawyer. Voluntary inactive status is simply a lawyer registration category for lawyers who are not currently practicing law. Attorneys on voluntary inactive status may resume active status at any time as a matter of course.

                So I will now expect a public apology from you for libeling both the President and First Lady if you expect to continue to comment here. You have 24 hours to issue that apology.

                • Jim Buzzell says:

                  Prove that she hold al license to practice law in IL; it was revoked to unethical conduct as an attorney. Obama’s was revoke because he lied on is application for his license. Both are criminals…

                  RC: Please provide the details of the unethical conduct or issue an apology to the First Lady. You cannot get away with unfounded allegations here.

                  Unless you can provide substantive links to back up your claims within 24 hours you are banned.

              • Northland10 says:

                RC, I’m looking forward to Jim’s evidence that Michele Obama’s license was revoked due to unethical conduct. He could not possibly just have made it up or repeated some fact free claim he read elsewhere. All I got is her motion to the court to on inactive status, pursuant to Rule 770 (the rule 770 at that time).

                http://cdn.factcheck.org/UploadedFiles/2012/06/Michelle-Obama-Inactive-Status-Request.pdf

                Since the link of the documents is Fact Check, Jim and Stevor won’t bother to look despite it being copies of the request, provided by Illinois.

              • I think people who make baseless claims of wrongdoing without a shred of evidence are the scum of the earth. That describes most Birthers to a tee. It certainly describes Stevie and Buzzkill. I note they are both silent when challenged to provide proof.

    • Jeff Schwager says:

      You hit the nail on the head. When the useful idiots read your post, their heads will start exploding. The other thing I want to say to these hyena’s that mock birthers and call Atty Mario Apuzzo a loser, is that he isn’t losing cases. They’re being dismissed and thrown out. Why? Because the courts are stacked with corrupt judges that set bad precedent and then rule using it as their guide. @@

      • Appuzo didn’t lose because of corrupt judges. He lost because his arguments are wrong on both standing and the definition of natural born citizen.

      • stevor says:

        nice to see some real thinking shown on this site

      • Jim Buzzell says:

        Prove the cases have no merit, none to date have been heard on merit, all dismissed on standing to sue, which is a copout for judges to stick their collective heads in the sand

        • stevor says:

          You’re wasting your time here if you’re trying to get the truth. Still, it’s good to reply and let others know that not everybody believes the o’bama propaganda (being other than a globalist puppet like shillary and chosen because with his illegalities it’s easy for the puppeteers to pull his strings)

          • Jim Buzzell says:

            Chew on this for awhile>>>
            Because the people protesting, and their ilk, want a Democracy; and know that as long as our Republic stands that will not happen.

            They follow this ideology and pray at the altar of those who also champion Socialism, Marxism and Communism.

            It’s time for the Conservatives in the United States of America to wake up and understand that this movement has moved the United States of America closer to this change be damned our Constitution. Be vocal about these people and their movement. They are the Progressives (Republican and Democrat), Socialists, Marxists, and Communists who inhabit our nation.

            I firmly believe the conservative media needs to be discussing this with all their readers, it is and has been the primary reason our colleges, universities and now our public schools have been taken over by the ideologists who have been indoctrinated in this ideology and preaching it to our young and old across our nation for over 50 years.

            My military leadership instructor once said “to defeat your enemy you first have to know who they and how they think are”.

            According to Saul David Alinsky in his “Rules for Radicals”, “How to Create a Socialist State,” There are eight levels of control that must be obtained before you can create a socialist state.

            The first of these are the most important:

            1) Healthcare – Control healthcare and you control the people.

            2) Poverty – Increase the poverty level as high as possible. Poor people are easier to control and will not fight back if you are providing everything for them to live.

            3) Debt – Increase debt to an unsustainable level. That way you will be able to increase taxes – and this will produce more poverty.

            4) Gun Control – Remove the ability for citizens to defend themselves from the government. That way you will be able to create a police state.

            5) Welfare – Take control of every aspect of their lives (food, housing, and income).

            6) Education – Take control of what people read and listen to – take control of what children learn in school.

            7) Religion – Remove belief in the God from the government and schools.

            8) Class Warfare – Divide the people into the wealthy and the poor. This will cause more discontent and it will be easier to take (tax) the wealthy with the support of the poor.

            Does any of this sound like what has happed in the United States of America?

            They follow this ideology and pray at the altar of those who also champion Socialism, Marxism and Communism.

            It’s time for the Conservatives in the United States of America to wake up and understand that this movement has moved the United States of America closer to this change be damned our Constitution. Be vocal about these people and their movement. They are the Progressives (Republican and Democrat), Socialists, Marxists, and Communists who inhabit our nation.

            I firmly believe the conservative media needs to be discussing this with all their readers, it is and has been the primary reason our colleges, universities and now our public schools have been taken over by the ideologists who have been indoctrinated in this ideology and preaching it to our young and old across our nation for over 50 years.

            My military leadership instructor once said “to defeat your enemy you first have to know who they and how they think are”.

            According to Saul David Alinsky in his “Rules for Radicals”, “How to Create a Socialist State,” There are eight levels of control that must be obtained before you can create a socialist state.

            The first of these are the most important:

            1) Healthcare – Control healthcare and you control the people.

            2) Poverty – Increase the poverty level as high as possible. Poor people are easier to control and will not fight back if you are providing everything for them to live.

            3) Debt – Increase debt to an unsustainable level. That way you will be able to increase taxes – and this will produce more poverty.

            4) Gun Control – Remove the ability for citizens to defend themselves from the government. That way you will be able to create a police state.

            5) Welfare – Take control of every aspect of their lives (food, housing, and income).

            6) Education – Take control of what people read and listen to – take control of what children learn in school.

            7) Religion – Remove belief in the God from the government and schools.

            8) Class Warfare – Divide the people into the wealthy and the poor. This will cause more discontent and it will be easier to take (tax) the wealthy with the support of the poor.

            Does any of this sound like what has happed in the United States of America?

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