Posted on 11/12/2008 11:17:44 AM PST by Free ThinkerNY
Leo Donofrio filed a solid lawsuit.
Hard to get behind Berg, his was not a good lawsuit. This, OTOH, is. Do I think it should be pursued, yes? Do I believe Obama was born in Hawaii? Probably. Is there something on Obama's birth certificate he does not want us to see. Foe shizzle. Should a President of the United States have to present his vault copy to take office? Absolutely. I don't know what is on the birth certificate- I do know Obama does not want us to see it.
But with Obama - there is no law. It's Alinsky style anarchy.
Obama Presidency Challenged By New Jersey Voter re:"natural born citizen" - Before US Supreme Court
PRLog (Press Release) – Nov 10, 2008 – On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being "natural born citizens" as enumerated in Article 1, Section 2, of the US Constitution.
Unlike other law suits filed against the candidates, Berg etc., this action was the only bi-partisan suit, which sought to have both McCain and Obama removed for the same reason. (Later, Plaintiff also sought the removal of Nicaraguan born Roger Colera, the Presidential candidate for the Socialist Workers Party). The Berg suit will almost certainly fail on the grounds of "standing", but Donofrio v. Wells, having come directly from NJ state courts, will require the SCOTUS to apply New Jersey law, and New Jersey has a liberal history of according standing to citizens seeking judicial review of State activity.
As a New Jersey citizen, I have proper standing. In fact, my standing wasn't challenged by the NJ Attorney General's office in their reply brief in defense of the Secretary of State, nor was my standing challenged by Judge Sabatino in his five page opinion from the NJ Appellate Division. Despite there having been no challenges to my standing raised below, out of respect for the United States Supreme Court, I did address the issue in my application for an emergency stay as follows:
Appellant's standing was not challenged in Respondent's reply brief, nor was it challenged in his Honorable Sabatino's order and decision. However, Appellant discusses the issue below in respect to this most Honorable Court's superior jurisdiction. In Ridgewood Education Association v Ridgewood Board Of Education, 284 N.J. Super. 427 (App. Div. (1995)), the Court stated, "We see no reason why this State's historic liberal approaches to the issue of standing in general....should not apply to taxpayer suits challenging the quasi-legislative actions of local boards of education." Silverman v. Board of Ed., Tp. of Millburn, 134 N.J. Super. 253, 257-58 (Law Div.), aff'd o.b. 131 N.J. Super. 435 (App. Div. 1975).
The policies of justice regarding the sanctity of voting rights were also stated in New Jersey Democratic Party v. Samson, 175 N.J. 178, 814 A.2d 1028 (October 2, 2002). Although the petitioner bringing suit in that case was a political party, the voting rights discussed and protected were those of individuals. Therefore, the reasoning of that case should apply when the petitioner is an individual voter.
Appellant's fundamental right to vote for a candidate who will not be disqualified after the election is now threatened by the inclusion on New Jersey ballots of three ineligible candidates.
"When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter." Bush v. Gore, 531 U.S 5, 6 (2000)
And finally, Appellant's fundamental right to live in the United States governed by a President and Commander In Chief who is Constitutionally eligible to the office of President is also threatened. Since this action is so very grounded in the interests of justice, and supported by all of the above, Appellant respectfully requests that this court recognize his standing.
While Mr. Berg, who has made a valiant effort, does not have legal standing,
I do have a right of review by the US Supreme Court since New Jersey recognizes my standing and also because I have exhausted all of my state court options and there is nowhere else for me to go for justice.
Ping for later.
I am glad to see Atlas picked up on Leo’s suit.
Is there any way Berg could improve his “standing?” How can he not have standing when he is an American citizen in a case where the possible POTUSA may be an illegal alien? Sickening.
*bump*
Because previous US District Courts have ruled on such cases that the remedy is to be found in Congress. Now all you have to do is convince a democrat congress to toss out their messiah. Good luck; we're all counting on you.
Read the judges decision. He says why not in there.
How can he (Berg) not have standing when he is an American citizen in a case where the possible POTUSA may be an illegal alien? Sickening.
Simple, it’s a conspiracy, and everyone except us is in on it: the courts, the Congress, President Bush, the Justice Department, the MSM, the Republican Party, and of course, the Democrat Party.
Interesting twist, arguing NJ law confers standing but I’m pretty sure Supremes won’t agree. I think only Electors would have standing as only they actually vote for President. We really only vote for Electors.
ping
I’m adding keywords.
It’s very important that we can
do searches for current articles
by the keywords; i.e.,
obama truth file, obama, hawaii,
birth cert, obama truth squad,
indonesia, barry soetero.
Just so ya know ....... and remember
for the future ... ;)
If he was born in Hawaii, as the Hawaiian authorities attest, does that not make him a natural born citizen?
Is there something on Obama's birth certificate he does not want us to see. Foe shizzle. Should a President of the United States have to present his vault copy to take office? Absolutely.
There is nothing in the Constitution about vault copies.
My opinion is that the only legitimate challenge can com after January 2 and then via the 20th Amendment to the US Constitution.
ML/NJ
None of us common citizens may have standing in the courts individually (except in NJ), but you would think the Secretaries of State for each of the 50 states would have standing when a citzen challenges them to show the evidence that we in fact are voting for valid candidates that have met the minimum requirements for POTUS (and the Senate for that matter).
I wish attorneys in other states would join Leo’s suit asking their Secretaries of State to provide proof.
I think O was born in Kenya and Mr. Berg thinks so too.
Kenyans Need Not Apply !! ...bump
I hate to say it, but a lawsuit that turns on sophisticated legal reasoning about the meaning of “natural born” is not going to make it, however sound that reasoning may be. There’s a statute that applies and if Obama, the Kenyan, had been born in Hawaii, he would have been a natural born citizen under that statute.
My guess is that the vault copy of Obama’s, the Kenyan’s, birth certificate says he was born at home, rather than at a hospital and Hawaii just took Mom’s word for it. I certainly don’t see that it would be embarrassing or relevant if Frank Marshall Davis or Malcolm X was the father instead of Obama Sr.
I can’t imagine what could be on the birth certificate that would be worth concealing other than evidence that he was not born in Hawaii.
1. If his real BC has anything that differs from the thing he had posted on his website, he has committed fraud. If he was adopted by Soetoro and became an Indonesian citizen and not re-established his US citizenship, he is not an American. If he legally got the name Barry Soetoro and not legally changed his name back to Obama, he may have filed false state senate, US senate and US president documents.
This goes much further than a simple “born in US vs Kenya” question. Either way, his failure to provide medical, college, passport, birth and adoption records provide doubt of his intentions.
They did not say that. Hawaii said something similar to 'His birth certificate is in order'. Hawaii does or have given out birth certificates to foreign born.
The best chance we have as Americans to have Obama prove he is eligible to hold the office of President is to keep this issue in the spotlight so it can no longer be ignored.
Thank you for posting this information.
BUMP
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