SCOTUS is COMING!!!!
Posted on 11/19/2008 5:19:52 PM PST by Red Steel
EAST BRUNSWICK, NJ – On October 27, Leo C. Denofrio, a retired lawyer from East Brunswick, N.J., filed an emergency application in N.J. Superior Court for an order compelling Nina Mitchell Wells, Secretary of State (SOS) for the state of New Jersey, to determine ballot eligibility of candidates pursuant to N.J. State Statute.
Denofrio raised questions as to whether, under Article II, Section 1 of the U.S. Constitution, presidential candidates John Sidney McCain and Barack Hussein Obama are each “natural born citizens.”
He points out, as per statute, it is Wells’ function as SOS, “not later than 86 days before any election … shall make and certify, under his hand and seal of office, and forward to the clerks of the several counties of the state, a statement of all such candidates for whom the voters within such county may be by law entitled to vote at such election.”
Denofrio learned the SOS did nothing to independently verify the qualifications of the two major party candidates for president of the United States, in order for the names of those candidates and their respective state electors to appear on ballots in N.J.
Citing McCain was born in the Panama Canal Zone in 1936, which was not a part of the United States when the Constitution was first adopted, Denofrio also notes the publicized allegations about Obama, who has still not presented his original birth certificate to document his citizenship.
When Denofrio received his sample ballot in the mail, he became aware of the Socialist Workers Party, which gained access to the ballot in ten states with its presidential candidate Roger Calero.
However, he said, while Calero was listed on the ballot in those states, “state election officials from Colorado, Florida, Iowa, Louisiana, and Washington have all, for legal and good cause, refused to list Mr. Calero on the ballots since, having been born in Nicaragua, he is not a ‘natural born citizen’ as required by the Constitution.”
In light of this knowledge, Denofrio attempted to amend his complaint to include Calero, stating the “Calero matter proved that other Secretaries from various states were actually exercising their prescribed authority to protect ballots from fraudulent candidates, whereas the defendant – Secretary of State here in New Jersey was remiss in allowing such a fraud to be perpetrated upon New Jersey voters.”
His application was denied in superior court and again by Judge Jack M. Sabatino in the appellate court, who wrote, “Having reviewed appellant’s claims and the written opposition of the Attorney General, we are satisfied that appellant has failed to demonstrate a likelihood of success on the merits of his claims … and thus his request for extraordinary injunctive relief on the eve of a national election must be rejected.
On Monday, Nov. 3, Denofrio filed an Application for Emergency Stay with the U.S. Supreme Court. Before leaving the building, he phoned Stay Clerk Danny Bickell, explaining the court rule requiring his application be delivered promptly to Justice David Souter. Bickell assured Denofrio his application would be on Souter’s desk that evening if his papers were in order, which, according to Denofrio, they were.
Following the court rules was crucial because Denofrio didn’t expect Souter to grant his application and he was ready to resubmit his application to Justice Clarence Thomas. Using Bush v. Gore as the precedent in his filings, Denofrio precisely followed the same course.
However, Bickell did not immediately forward the application to Souter. He also didn’t docket the case until Nov. 6, and when he did, did so incorrectly as an application for an injunction pending the filing of a Writ of Certiorari.
Denofrio contacted Bickell to inform him he had not filed for an injunction and had no intention of filing an application for a writ.
Incensed, Denofrio said, “It’s not the clerk’s job to play Supreme Court Justice. The stay clerk’s job is to collect papers and pass them on to the justices, but as to this action Mr. Bickell basically made a substantive judgment of law and denied my application on his own.” Denofrio is hopeful he can resubmit his application to Justice Thomas prior to Dec. 15 when the Electoral College meets.
Last week, American Independent Party presidential candidate, Dr. Alan Keyes, along with Dr. Wiley S. Drake, Sr., AIP vice presidential candidate, and Markham Robinson, a Certified California Elector and vice chairman of the AIP, filed a Petition for a Writ of Mandate in Sacramento County, Calif. Superior Court against California Secretary of State Debra Bowen, Obama, Vice President-elect Joe Biden and all of California’s Democratic Party Electors.
The petition asks that Bowen refrain from certifying to the governor the names of the California Electors until such documentary proof is produced and verified showing Obama, as candidate for the office of president of the United States, is a “natural born” citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain.
Keyes cites a 1968 case where the Peace and Freedom Party submitted Eldridge Cleaver as its qualified candidate for president of the United States.
SOS Frank Jordan learned from Cleaver’s birth certificate he was only 34 years old, one year shy of the 35 years required to be on the ballot for president.
Jordan removed Cleaver from the ballot, which Cleaver unsuccessfully challenged all the way to the U.S. Supreme Court.
In 1984 the Peace and Freedom Party submitted Larry Holmes as its eligible candidate for the presidential primary. He too was removed from the ballot when the SOS found he was similarly ineligible.
Keyes’ petition brings up Philip Berg’s lawsuit and documents indicating Obama was born in what is now Kenya and his paternal grandmother was present at his birth.
While Obama contends he was born in Hawaii in Queens Hospital, his half-sister Maya Soetoro has been quoted saying Obama was born in Kapiolani Hospital.
The petition notes Obama has never presented his original hospital birth certificate from 1961, which would name the hospital along with the name and signature of the doctor in attendance and states, “Clearly, one human being cannot be born in three different places.”
Claiming failure to grant injunctive relief and officially and publicly validate the citizenship claims of Obama will “cast a pall of doubt on the election process and taint the election results themselves,” the petition states. It “would allow a potentially corrupted, fraudulent nomination and election to continue.”
I had to exit my car at 9:28 this morning. Quinn and Rose had just started discussing this item and the other lawsuits over BHO citizenship filed in multiple states. Just as they started, XM radio cut to WLW news. Does anyone here know if the topic resumed after the break? It didn’t make sense to me that this team of professionals didn’t seem to know the hard break was coming. Does this sound suspicious to anyone besides me?
bttt
no troll......just a realist....wanna bet six months from now this goes nowhere??
and you sound like a fool
SCOTUS is COMING!!!!
He is NOT the president elect. The election hasn’t happened yet. The members of the electoral college will meet at their respective state capitals on Dec 15. They will put their votes in the mail - to the president of the Senate. The votes will be opened in front of a joint session of congress (I think Jan 6). Only then will O be president elect....I just get tired of people saying the election is over,etc. I have no illusions here - if O gets pushed out, say hello to Biden or Pelosi or Clinton...but the constitutional requirements were meant to prevent divided loyalties - and he has divided loyalties. He has interfered in Kenyan politics already, on behalf of family members. See the problem he represents? What if a terrorist we are after takes refuge in Kenya (its right next to Somalia). Does this cloud O’s judgement. The pitfalls are endless. We can’t be expected to be the loyal opposition if we don’t know where his loyalties are.
ONE EXCELLENT TAKE-3300 WORDS+:
Four Questions For The Trojan Candidate
http://texasdarlin.wordpress.com/2008/11/16/four-questions-for-the-trojan-candidate/#more-5183
November 16, 2008 by texasdarlin
“We assume that in fact no one would dare to run for and claim the Presidency if he/she didn’t meet the qualifications of the Constitution.“
An Exclusive Update for the TD Blog
By Dr. Kate, Guest Author
Obumpa
I’d had not heard that. Clearly, however, whatever objections were made to Bush’s qualifications they were specious as “qualifications” here has a highly technical meaning: it refers to those basic requirements for office set out by the Constitution, namely age and citizenship.
I’d also have to go back and check the procedure. My recollection was that it did not require both a Rep. and a Senator to object, but rather than one could start the process. But I may be recalling incorrectly.
Even if it takes one of each, that is at minimum two congresscritters that must be convinced sufficiently of a problem, or potential problem, to file a written, signed objection. Yes, this allows politics to play in the system, but it also means a citizen has about 600 chances to persuade someone on the basis of evidence.
The first hurdle will always be *evidence.* There has to be some basis beyond speculation. Then, even if there is evidence, there’s the political hurdle. That said, however, and in no way diminishing the impact of political blinders, it seems to me that if there were actually clear evidence that a President-elect is unqualified (either not a natural born citizen or not old enough to take office), you could get at least two congresscritters to agree that it needs to be checked out.
In a case such as this, good Lord, a congresscritter with a teeny doubt could call Obama himself and ask him if he wouldn’t mind showing him certain documents even in private.
P.S. What was the basis for the objection? Was it the President-elect’s qualifications or some other ground, such as the recount?
I've been around for many presidential election cycles ... the term president elect (except in the case of someone getting re-elected) is in play immediately after the results of November presidential ballot are announced. Now technically that might not be correct ... but it's assumed the new president (to be) has the electoral votes in the bag. It's a mere formality from that point on ...
You can say that again. Since the election they have all been mostly inane, irrelevant, and whistling in the wilderness trying to earn their reprieve from the fairness doctrine --
It's already at SCOTUS and on the mind of the POTUS. For anyone in Washington DC to claim ignorance of this issue at this point will be a prevarication beyond any sense of credulity. And let's understand something, if our elected/appointed leaders lose their credibility, then their administrations will be bankrupt in no time ---
“You can say that again. Since the election they have all been mostly inane, irrelevant, and whistling in the wilderness trying to earn their reprieve from the fairness doctrine — “
Yep, that’s the way I see it too.
OBJECTING TO THE ELECTORAL VOTE COUNT FOR THE STATE OF FLORIDA -- (House of Representatives - January 06, 2001)
[Page: H30]
--- (Ms. WATERS asked and was given permission to address the House for 1 minute.)
Ms. WATERS. Mr. Speaker, let the RECORD show that on today, Saturday, January 6, I am present on the floor of the House of Representatives prepared to object to the electoral vote count for the State of Florida at the proceedings that will take place at 1 o'clock.
Let the RECORD show that the rules require all objections to be submitted in writing and signed by a Member of the House and a Member of the Senate. As of 11:00 today, I have not been able to identify any U.S. Senator prepared to sign any objections; therefore, all attempts to object may be denied. However, I am voicing my objections to the electoral votes submitted by Florida.
Mr. Speaker, I believe these electoral votes to be illegitimate and unrepresentative of the true popular vote in Florida. Vice President GORE is leading in popular votes in excess of 500,000 votes in this country, and all of Florida's vote recounts are not yet tabulated. The recounts will document that GORE won Florida, despite voter fraud, despite voter intimidation, despite the butterfly ballots, despite the criminal recording of ID numbers on absentee ballots. History will record what really took place in this election.
END
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