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Donofrio Case in SCOTUS - Nov 19 DISTRIBUTED for Conference
SCOTUS ^ | 11/19/08 | SCOTUS

Posted on 11/19/2008 11:37:06 AM PST by LongIslandConservative

Just updated today

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. Nov 19 2008 DISTRIBUTED for Conference of December 5, 2008.


TOPICS: Chit/Chat
KEYWORDS: bc; birthcertificate; certifigate; donofrio; eligibilty; naturalborn; notamericanmade; obama; obamatransitionfile; okenya; scotus
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To: SW6906

It is very despressing. You have a little guy like Leo fighting for the Constitution and possibly our Republic.

We all need to call the conservative radio talk show hosts and ask them to get Leo on the radio. Ask them to get the Keyes people on.

We need to mobilize over this instead of getting involved in posting silly threads at this time. Our freedom is at stake. The Framers went to jail, lost everything, were killed to get this country started correctly.

Leo’s web site is swamped tonight because the word is getting out or O-Bots are attacking his web site with DNS attacks.


81 posted on 11/19/2008 4:05:11 PM PST by Frantzie
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To: pissant

NO they weren’t. BHO Sr. was a Kenyan with a British citizenship. That’s the whole basis of Donofrio’s lawsuit.


82 posted on 11/19/2008 4:05:32 PM PST by Free America52
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To: Free America52

He was talking about McCain.


83 posted on 11/19/2008 4:06:59 PM PST by EternalVigilance ("Why lawyer up when you can pony up?" - IYAS9YAS)
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To: EternalVigilance

Oh, sorry . . .


84 posted on 11/19/2008 4:07:26 PM PST by Free America52
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To: Free America52

Noob, it is customary to attempt to figger out what someone is talking about before you butt in. Thanks


85 posted on 11/19/2008 4:08:25 PM PST by pissant (THE Conservative party: www.falconparty.com)
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To: pissant

Well now I know why they call you pissant.

Honest mistake, ok? Get over it.


86 posted on 11/19/2008 4:09:35 PM PST by Free America52
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To: Free America52

Leo said the only exemption was the Framers because most were born in England. I think it was anyone born after 1795 or something. Obama would have to be over 200 years old for that exemption.

Obama admits to being a UK citizen at birth. Leo essentially said O is toast. Leo did not want to hang his hat on the birth certificate or being born in Kenya. He has those as back up claims in his case. Leo built up a layer of claims in his case like a smart lawyer would do.


87 posted on 11/19/2008 4:11:34 PM PST by Frantzie
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To: LongIslandConservative
The first hurdle has been cleared.

True, but people need to understand it's a pretty low hurdle compared to the next couple of ones to get a hearing in court

Now if he can convince 3 more - hopefully Robert, Alito, and Scalia this will move forward to an actual hearing.

It's going to real tough to get Chief Justice Roberts to agree to this. Typically Chief Justices take a dim view of jumping into the middle of a political hay maker.

I give it about a 10% chance

88 posted on 11/19/2008 4:11:37 PM PST by Popman (Dont worry Barney Frank has your ass-ets covered!!!)
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To: EternalVigilance

In 1795, the United States Naturalization Act provided that “the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States; provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States ...


89 posted on 11/19/2008 4:11:58 PM PST by pissant (THE Conservative party: www.falconparty.com)
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To: Frantzie

That would be great Frantzie.


90 posted on 11/19/2008 4:14:18 PM PST by fatima
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To: Popman

The alternative is Chief Justice Roberts may swear in the first president in the history of the Republic who is ineligble. This would actually be a crime. I think Leo or someone pointed that out. If Roberts swears him in and knows he is ineligble - it is a crime. The Framers took this very seriously.


91 posted on 11/19/2008 4:19:10 PM PST by Frantzie
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To: LongIslandConservative

You cannot get to Leo’s web site tonight.

Either word is getting out that his case is making some progress at SCOTUS or O has told his goons to hit Leo’s site with denial of service attacks.

Did Drudge link to it?

Leo’s site was up to 70,000 on the Internet according to Alexa the other day which is very good.


92 posted on 11/19/2008 4:21:55 PM PST by Frantzie
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To: Lmo56
I DON’T think so ... in the age of the Internet, ALL information eventually comes out.

I don't think you understand how little the SCOTUS is influenced by the media and popular opinion.

They live very cloistered lives. They don't even meet as a group informally. They rarely visit each other in their chambers. Their clerks do most of the legal work which in the end really doesn't move them in one direction or another.

Bottom line is whatever information does come out, the Court is loath to jump into a political question, especially one that pits the power of the judicial branch against the executive branch

93 posted on 11/19/2008 4:22:28 PM PST by Popman (Dont worry Barney Frank has your ass-ets covered!!!)
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To: Frantzie

McCain was eligible no question. It is an absurdity to even raise that as an issue.


94 posted on 11/19/2008 4:27:03 PM PST by visualops (portraits.artlife.us or visit my freeper page)
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To: Frantzie
If Roberts swears him in and knows he is ineligble - it is a crime.

Your statement defies logic.

If the SCOTUS does not find strong and I mean very strong evidence Obama is not a US citizens, they will pass on this and Roberts will swear this empty suit Marxist in

What crime will be committed if there is no ruling that says Obama is ineligible ?

95 posted on 11/19/2008 4:28:42 PM PST by Popman (Dont worry Barney Frank has your ass-ets covered!!!)
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To: hoosiermama

Other posters have suggested writing to our:

-Secretary of State
-Governor
-Electors

I have written to Sec. of State and Gov. but I can’t find contact information on my Electors. Any ideas anyone?

Here is a link I found on Electors but my state doesn’t list the individual electors.

http://en.wikipedia.org/wiki/List_of_United_States_presidential_electors,_2008


96 posted on 11/19/2008 4:29:22 PM PST by joygrace
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To: LucyT

Lawsuits Proliferate Demanding Proof of Obama’s Natural-Born Citizenship before..
LifeSite News ^ | 11/19/08 | Kathy Gilbert

Posted on Thursday, November 20, 2008 7:52:10 AM by pissant

http://www.freerepublic.com/focus/f-news/2134848/posts

All the cases reported to have failed were dismissed due to the plaintiff’s lack of standing, without the court actually investigating the complaint.

However, as Keyes was on the November ballot as the American Independent Party presidential candidate, his is the first case in which the plaintiff is a candidate who lost the presidency, perhaps illegitimately, to Obama. This may mean that Keyes’ case will be the first in which the plaintiff is deemed to have sufficient standing, leading the court to investigate the complaint instead of dismissing it.

“Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal,” Keyes wrote to the Sacramento Supreme Court.


97 posted on 11/19/2008 4:31:01 PM PST by Fred Nerks (FAIR DINKUM)
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To: LucyT

Thanks, LucyT

Ping!


98 posted on 11/19/2008 4:31:02 PM PST by Iowan
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To: Popman

The evidence is The Constitution.

Leo will be on two web radio shows tonight. Maybe you should listen - you might learn something.

www.blogtext.org/naturalborncitizen/

His site is getting a lot of traffic.

From Leo’s site

This blog post below contains the single most controlling legal precedent establishing Senator Barack Obama’s ineligibility to be President under the Constitution. So I am leaving this blog post at the top of the blog for the next few days. Please study its simple premise.)

Don’t be distracted by the birth certificate and Indonesia issues. They are irrelevant to Senator Obama’s ineligibility to be President. Since Barack Obama’s father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama’s birth, then Senator Obama was a British Citizen “at birth”, just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn’t be eligible to be President.

The Framers of the Constitution, at the time of their birth, were also British Citizens and that’s why the Framers declared that, while they were Citizens of the United States, they themselves were not “natural born Citizens”. Hence their inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution:

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;

That’s it right there. (Emphasis added.)

The Framers wanted to make themselves eligible to be President, but they didn’t want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.

The Framers declared themselves not eligible to be President as “natural born Citizens”, so they wrote the grandfather clause in for the limited exception of allowing themselves to be eligible to the Presidency in the early formative years of our infant nation.

But nobody alive today can claim eligibility to be President under the grandfather clause since nobody alive today was a citizen of the US at the time the Constitution was adopted.

The Framers distinguished between “natural born Citizens” and all other “Citizens”. And that’s why it’s important to note the 14th Amendment only confers the title of “Citizen”, not “natural born Citizen”. The Framers were Citizens, but they weren’t natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution and they are the ones who wrote the Document.

Since the the Framers didn’t consider themselves to have been “natural born Citizens” due to their having been subject to British jurisdiction at their birth, then Senator Obama, having also been subject to British jurisdiction at the time of his birth, also cannot be considered a “natural born Citizen” of the United States.


99 posted on 11/19/2008 4:34:19 PM PST by Frantzie
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To: Frantzie
...even if he were to produce an original birth certificate proving he were born on US soil, he still wouldn’t be eligible to be President.

Don't know about that. The 14th is pretty plain to me.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Don't get me wrong, I WOULD LOVE TO SEE Obama denied the POTUS, but it isn't going to happen.

100 posted on 11/19/2008 4:44:04 PM PST by Popman (Dont worry Barney Frank has your ass-ets covered!!!)
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