On July 3, 2010, the United States Court of Appeals for the Third Circuit, citing Berg v.
Obama, affirmed the dismissal, and ordered Apuzzo to show cause why he should not be sanctioned for initiating a frivolous appeal.
Counsel's pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. Her response to the Court's show cause order is breathtaking in its arrogance and borders on delusional.
She expresses no contrition or regret regarding her misconduct.
The presiding judge, James Robertson, said the case was a waste of the court's time, calling Berg and another lawyer "agents provocateurs" and their local counsel, John Hemenway, "a foot soldier in their crusade." He ordered Hemenway to show cause why he should not pay the legal fees for Obama's attorney as a penalty for filing a complaint "for an improper purpose such as to harass". Louis) and filed in the United States District Court for the Middle District of Georgia, Cook asserted that he "would be acting in violation of international law by engaging in military actions outside the United States under this President's command. simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties." A retired Army major general and an active reserve US Air Force lieutenant colonel subsequently joined the Georgia case as plaintiffs alongside Cook.