Posted on 11/18/2008 6:57:24 PM PST by STARWISE
What's very troubling is his description of the heavy handed and abusive treatment he received at the hands of the "staff attorney/stay clerk," at the Court. He was shockingly arbitrary in his manner of receiving Mr. Donofrio's lawsuit (as you'll hear in the 2nd interview) and actually put the wrong date as the filing date. He was told by this clerk, in so many words: why do you want to do this? Judge Souter will just throw it out.
Mr. Donofrio obviously wants this servant of the people (Danny Bickell) charged with misconduct and relieved of his duties.
~~~
Here's the lawsuit update from today from Citizen Wells website
Leo C. Donofrio NJ lawsuit, US Supreme Court Appeal, Update November 18, 2008, Obama not eligible November 18, 2008 ·
Below is an update on the Leo C. Donofrio NJ lawsuit that states that Obama is ineligible to be president. The lawsuit is currently appealed before the US Supreme Court:
Applicant, Leo C. Donofrio, submitted a renewed application for emergency stay of the 08 national election to The Honorable Associate Justice Clarence Thomas on Nov. 14, 2008 by US Postal Express Mail which was delivered at 7:46 AM, Nov. 17, 2008.
The renewed application hit the US Supreme Court on-line docket search engine sometime between noon and 2:15 PM today, Nov. 18, 2008. Below is a copy of the docket:
_________________________________________________________________
No. 08A407
Title: Leo C. Donofrio, Applicant
v.
Nina Mitchell Wells, New Jersey Secretary of State
Docketed: Lower Ct: Supreme Court of New Jersey
Case Nos.: (AM-0153-08T2 at the New Jersey
Appellate Division without a docket number)
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Nov 3 2008 Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter.
Nov 6 2008 Application (08A407) denied by Justice Souter.
Nov 14 2008 Application (08A407) refiled and submitted to Justice Thomas.
~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Leo C. Donofrio P.O. Box 93 East Brunswick, NJ 08816
Party name: Leo C. Donofrio
~~~
His suit has now been re-filed to Justice Clarence Thomas. Ed Hale gave his fax number and urged us all to fax Justice Thomas, relaying our urgency that this case be heard ... for the good of America. Leo Donofrio is very much NOT wanting to tell people to write, fax, etc. That's not his style, but you get the hint that the more people let our Supreme Court know that this is no light matter . .. it IS a matter of Constitutional law .. and that we ARE a nation of LAWS not MEN.
Justice Thomas' fax (per Ed Hale): 202-479-2971.
If you agree, after hearing Mr. Donofrio describe this potential abyss, that this is a complete abandonment of our fundamental governmental structure and integrity (if true) and the steady weakening of our Republic you may want to consider faxing your opinion to Justice Thomas.
Listening to him has given me new appreciation for our Founding Fathers and how carefully they set out their intentions for this great country. It also opened my eyes to the power we have as citizens that we take for granted.
It is OURS to treasure, guard and protect.
God bless him .. God bless America.
~~See what you think PING!
I beleive Alan Keyes has filed in California and as a former presidential candidate no one can say he doesn’t have standing.
J.K.
P.S.I’ve like listening to Good ole Boy Ed Hale in the past!
Thanks, STARWISE.
Ping.
Thanks, LucyT
Ping.
Having trouble opening the link.
bump for later
Which link ?
~~Donofrio lawsuit PING!
Bump.....
I think you, STARWISE, are a GREAT AMERICAN!!
I posted a few thoughts in the other thread after finally having enough time tonight to listen to the broadcast. The thoughts I came away with mirror your own on this thread.
What happens when our constitution is interpreted and decided(in an instant)..by CLERKS...BUREAUCRATS..who just refuse, on what-ever ‘Oprah’ grounds they ‘feel’, not to docket a case or even bring it to the attention of the Supremes?
Just faxed to 202-479-2971:Phil Dragoo
Small Town Street
Our Town, State of High Dudgeon 10101
November 19, 2008The Honorable Associate Justice Clarence Thomas
Supreme Court of the United States
One First Street N.E.
Washington, D.C. 20543[Faxed to 202-479-2971]
Dear Justice Thomas
I respectfully request that you consider reviewing Docket No. 08A407 Leo C. Donofrio, Applicant v. Nina Mitchell Wells, New Jersey Secretary of State.
Our Constitution in Article II Section 1 Paragraph 5 states "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President".
Mr. Donofrio represents a considerable number of citizens noting the conspicuous failure of the presidential-designate to produce sufficient proof of compliance with the above constitutional requirement.
The work of Mr. Ron Polarik has shown all Certificates of Live Birth to date to have been forgeries.
Thank you for your consideration of this extremely critical matter.
Respectfully yours,
Phil DragooPhone/Fax
email1/email2
Thomas Sowell referenced the Holzer book on Thomas--and I have that book.Hussein scoffs at Thomas' intellect--how very fitting were it that very intellect that would undo the Great Pretender.
I predict that a far wider recognition will be awarded the tireless efforts of the above referenced Mr. Ron Polarik in demonstrating all hitherto submissions to be forgeries.
That is a limited and totally supported stipulation germaine to the matter at hand, whether Obama-Soetero satisfies Paragraph 5 or not.
We are not privy to the identity of the father, the location of the birth, the mechanics of the Pakistan trip, the activities of the Columbia episode, the financing of the Harvard chapter, the facts of the Ayers relationship, the standing of Malley, the statements of the Kenyan grandmother and other family members regarding the actual Mombasa origin of the divine Hussein--
--why should we deign to insist the anointed one gotta show anybody no steenking badges.
The Naked Emperor whose regalia sends tingles up the legs of the shrieking fairies of the Ministry of Truth--
BUMP
Thanks for the info.
bump for later
I'm more impressed now with Leo's position on this than I was before I heard the interview. He's basing his interpretation of "Natural Born Citizen" in part on some historical incidents of which I was not previous aware: a letter from John Jay to George Washington and legislation attempting to confer "natural born citizenship" in 1790 which was repealed in 1795. That strengthens his argument.
I doubt if this issue has ever been decided in any federal court whatsoever. In legal lingo, it's a "case of first impression," as Leo Donofrio clearly stated.
bttt
The Supreme Court has never ruled on the meaning or application of the "natural born" clause in any context; and there is in fact a fair amount of historical material demonstrating that the meaning of the clause when implemented was a citizen at birth, born within the limits of the geographical territory of the sovereign of the country of which he was born a citizen.
Having been peripherly involved in the legal issue at the time of Goldwater's candidacy, there is no doubt that the unanimous view of the Constitutional Bar of that era was that the phrase meant born in the geographical limits of the several states.
I believe that remained the view of the increasingly narrow group of lawyers who regularly argue cases to the Court--there was widespread discussion in DC assuming and acknowledging that McCain was not eligible to serve as President because he was born in Panama. That discussion did not reach the press or talk radio because the overwhelming view of both the press and the legal community was that McCain had no chance to win--he was simply a placeholder; his ineligibility made no difference because he wasn't going to get elected.
And both the press and the lawyers ignored the possible issue with Obama because it was assumed that if he had not been born in Hawaii, the defect would have surfaced, either in his Senate campaign (which it did where it was ignored) or in the primary (in which the Clinton's botched their handling of the issue).
Observe that even Rush and Hannity treated this as a fringe issue with no merit until the later days.
My own reaction to this is that they are now losing control of the issue--whether it happens fast enough to affect the Electoral College outcome is anybody's guess; but the issue now has legs and will result in a Constitutional crisis unless it gets resolved.
It wouldn't surprise me if a package of additional fraudulent documents appears in the near future together with a full court media press to substantiate them.
I am not a lawyer but I have read the 1790 and 1795 laws and summaries of various citizenship cases that have arisen in federal courts over the years. It seems to me that if you are a U.S. citizen, then you are either “natural-born” or you have been “naturalized.” There is no third category. Since neither Goldwater nor McCain went through the “naturalization” process, then - according to my admittedly lay reading of the laws - they're either not U.S. citizens or they're natural-born citizens.
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