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.
To make this really really interesting, the messiah just resigned his senate seat. Obama’s next book: Man Without a Country
I agree.If Barry Manilow had been his father, would anyone care?It’s the eligibilty that matters.
*bump*
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