Apuzzo amends his
last magnum poopus to acknowledge this failed ballot challenge:
Apuzzo wrote:
We argued in the Commonwealth Court of Pennsylvania that not only did Obama fail to conclusively prove that he is a “natural born Citizen” and therefore eligible under Article II, Section 1, Clause 5 to be elected President, but that he has also failed to provide any competent and sufficient evidence to the Commonwealth of Pennsylvania as to his true identity, a matter which showed that his nominating petition was defective and that he therefore failed to show under 25 P.S. Sec. 2937 that he is a “person[] entitled to file the same” [the nominating petition]. The Commonwealth Court of Pennsylvania, not reaching the merits of the definition of an Article II “natural born Citizen” or whether Obama meets that definition, and also not addressing the issue regarding Obama failing to yet prove his identity which presented a petition defect apart from any issue of Article II eligibility, on March 1, 2012 dismissed the Kerchner/Laudenslager petition to set aside the Obama nomination petition for lack of jurisdiction. The Court based its decision strictly on whether it had jurisdiction over the question of Article II eligibility. It did not address Kerchner’s and Laudenslager’s argument regarding Obama having failed to prove his identity, which is a petition defect and which disqualifies Obama from showing that he is a “person[] entitled to file the same” [his petition]. 25 P.S. Sec. 2937.
The Court ruled that if Obama had filed an affidavit saying he is constitutionally eligible to be President, the Court would have had jurisdiction over an objection to his eligibility. But since he did not file in Pennsylvania any such affidavit, then the Court did not have jurisdiction over the objectors’ petition. Apart from the Court failing to address the objectors’ Obama identity argument, such a rule seems to imply that what Article II, Section 1, Clause 5 says and whether Obama satisfies what it says changes based on whether Obama filed an affidavit in which he tells the world what he personally thinks about his eligibility. In other words, we have allowed a candidate’s subjective belief (whether held in good or bad faith) regarding his eligibility for the Office of President to trump the objective constitutional meaning of Article II, Section 1, Clause 5 (the “natural born Citizen clause) and established facts. Also, the same Pennsylvania Court denied twice without both times stating any reason Karen Kiefer’s motion to have me admitted pro hac vice. It should be noted that Attorney Van Irion was also denied pro hac vice admission in Georgia.