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Was Leo Donofrio's case fast tracked at SCOTUS today?!? Emergency review like Bush V. Gore?
Natural Born Citizen Blog - Leo Donofrio ^ | 11-20-2008 | Leo C. Donofrio

Posted on 11/20/2008 8:10:27 PM PST by Frantzie

Posted: Nov.20.2008 @ 9:20 pm | Lasted edited: Nov.20.2008 @ 9:31 pm US SUPREME COURT TAKES EXTRAORDINARY EXPEDITED ACTION IN FAST TRACKING NJ CITIZEN SUIT CHALLENGING '08 PRESIDENTIAL ELECTION.

I am awaiting clarification from the Clerk's office at the United States Supreme Court as to whether my stay application has now been accepted in lieu of a more formal full petition for certiorari (and/or mandamus or prohibition). Such a transformation is a rare and significant emergency procedure. It was used in Bush v. Gore, a case I have relied on in my brief.

We do know the case has certainly been "DISTRIBUTED for Conference", a process usually reserved for full petitions of certiorari. Stays are usually dealt with in a different manner. As to a stay application, a single Justice may; a) deny the stay; b) grant the stay; c) refer the stay to the full Court.

(Excerpt) Read more at blogtext.org ...


TOPICS: Government; Politics/Elections; US: Hawaii
KEYWORDS: birthcertificate; certifigate; donofrio; election; madeinkenya; notthisshiitagain; obama; obamatransitionfile; obamatruthfile; scotus; thekenyan
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To: slnk_rules
Thanks for the advice! I fall into the category in your last

and will check this out.

321 posted on 11/21/2008 9:12:14 AM PST by luvadavi (Important old novel: The Moon Is Down, John Steinbeck, 1942)
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To: Calpernia
"I don’t know why that NRA material is not part of a school’s curriculum."

It is because the schools do not want anything that would promote the acceptance of firearms AND parents do not insist.

322 posted on 11/21/2008 9:19:43 AM PST by OldEagle
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To: seekthetruth

This may be right. Leo flew under the radar. When he needed help - he got it from the Internet radio people which are also somewhat under the radar.

Bless those folks like Lan, Ed Dale, Stang, Jim Thunder, Bob Vernon (?) and others plus their listeners. Leo was geting sabotaged by the SCOTUS clerk Danny Bickle and people sent letters, called and faxed. Great job by the people in the heartland who listen to these shows. I sure did.

Extra praise for Leo too for doing the research and putting it all together on his own with no help. He also faced many obstacles. He said he never wanted this type of noteriety but The Constitution is too important.

Conservative AM radio hosts and we may not be totally thrilled with the outcome because we may end up with Hillary as pres. It seems unfair to reward the DNC for fraud but this is how it could turn out.


323 posted on 11/21/2008 9:22:09 AM PST by Frantzie
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To: little jeremiah

Leo is not sure but he said he fashioned his case so that he did not need that to prove O is ineligble. The BC is part of his case but Leo does not rely on it at all.

Leo told other attorneys follow his path because if O pulls out a real BC then their cases are sunk. Leo set up layers of claims to strengthen his case like a smart attorney would do.

Leo said roughly that he was assuming O had a real BC but he said it does not matter because he was born a British citizen. In fact, Leo various claims could have 3 reasons why O is not eligble and maybe more.


324 posted on 11/21/2008 9:29:26 AM PST by Frantzie
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To: Frantzie
I've enjoyed *all* of your posts, Frantzie. Your optimism and enthusiasm is catchy -- please keep it up!

My only concern with the SCOTUS justices would be a "feel good" decision. In other words, they *might* (stress that word because I don't think it is very likely) refuse to hear the case due to a sense of concern over the public morale. As soon as the thought of "civil war" enters the discussion, some might get a bit weak in the knees to do the right thing. Still, the fault for that feud rests with Obama and those complicit in his deception, not the Supreme Court. And the justices are rightfully protective of their position and of the Law. And, they will realize what a Pandora's Box is opened by permitting an ineligible candidate to ascend as POTUS. In a just and true society, the end result is clear and obvious.
325 posted on 11/21/2008 9:33:05 AM PST by so_real
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To: Frantzie

If Berg’s suit makes it through the door also, I don’t see how the DNC could be rewarded. Berg’s filing is in 2 parts, one focuses on the DNC’s responsibility. I’ll add the filed admissions below:

DNC - Admitted:

1. The DNC nominated Barrack Hussein Obama as the Democratic Nominee for President.
2. The DNC has not vetted Barrack Hussein Obama.

3. The DNC did not have a background check performed on Barrack Hussein Obama.
4.The DNC did not verify Barrack Hussein Obama’s eligibility to serve as President of the United States.

5. The DNC admits Barrack Hussein Obama was born in Kenya.
6. The DNC admits Barrack Hussein Obama is not a “natural born” United States citizen.

7. The DNC admits Barrack Hussein Obama was not born in Hawaii.
8.The DNC admits they have not inquired into Barrack Hussein Obama’s citizenship status.

9. The DNC admits they have a duty to properly vette the Democratic Nominee for President.
10.The DNC admits Lolo Soetoro, M.A., an Indonesian citizen adopted Barrack Hussein Obama.

11. The DNC admits the Credentials Committee has been aware of this lawsuit since August 22, 2008 as the lawsuit was faxed to our Washington D.C. Office on August 22, 2008.

12. The DNC admits their Credentials Committee failed to verify and/or inquire into the credentials of Barack Hussein Obama to serve as the President of the United States.

13. The DNC admits their Credential Committee’s Report failed to address the issues of Barack Hussein Obama’s ineligibility to serve as President of the United States.
14.The DNC admits Howard Dean, Chair Person has and had knowledge Barack Hussein Obama was born in Kenya and ineligible to serve as the President of the United States.

15. The DNC admits Plaintiff and all Democratic citizens of the United States have been personally injured as a result of not having a qualified Democratic Presidential Nominee to cast their votes upon.
16. The DNC admits Plaintiff and all citizens of the United States have a Constitutional Right to vote for the President of the United States and to have two (2) qualified candidates of which to choose from.

17. The DNC admits Plaintiff and all citizens of the United States have a Constitutional right to have a properly vetted Democratic Presidential Nominee of which to cast their vote.
18. The DNC admits an FBI background check is not performed on the Presidential or Vice Presidential Candidates.

19. The DNC admits the United States Constitution does not allow for a Person to hold the office of President of the United States unless that person is a “natural born” United States citizen.
20. The DNC admits they collected donations on behalf of Barack Hussein Obama for his Presidential campaign.

21. The DNC admits Plaintiff and Democratic citizens donated money based on false representations that Barack Hussein Obama was qualified to serve as the President of the United States.
22. The DNC admits if Barack Hussein Obama is elected as President and allowed to serve as President of the United States in violation of our Constitution, it will create a Constitutional crisis.

23. The DNC admits Barack Hussein Obama took an Oath to uphold the United States Constitution.
24. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to due process of law in violation of the United States Constitution.

25. The DNC admits allowing a person who is not a “natural born” citizen to serve as President of the United States violates Plaintiff’s rights to Equal Protection of the laws in violation of the United States Constitution.
26. The DNC admits the function of the DNC is to secure a Democratic Presidential Candidate who will protect Democratic citizen’s interests, fight for their equal opportunities and fight for justice for all Americans.

27. The DNC admits the Democratic National Committee has been promoting Barack Hussein Obama’s Presidential election knowing he was ineligible to serve as President of the United States.

http://blog.barofintegrity.us/2008/10/21/technical-default—barack-hussein-obama-is-not-qualified-to-hold-office-of-potus.aspx


326 posted on 11/21/2008 9:37:57 AM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: so_real

I don’t know if they can pull off a feel good decision though. That is what is so important about Donofrio’s case. He holds an Ace. Roger Calero was on the ballot. Nina Wells certified it. I think Calero is what has to keep this from being any kind of feel good ruling or punting it. Because Donofrio took the proper steps through the NJ courts first.


327 posted on 11/21/2008 9:40:14 AM PST by Calpernia (Hunters Rangers - Raising the Bar of Integrity http://www.barofintegrity.us)
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To: jcsjcm

There is also a good website, “Democrats Against Nobama!” Can’t link—just type in the above.


328 posted on 11/21/2008 9:46:46 AM PST by luvadavi (Important old novel: The Moon Is Down, John Steinbeck, 1942)
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To: Polarik

Ron, you might consider filing an amicus brief with the supreme court on this case. You don’t have to be a lawyer, you just basically give them the same info they would have received in the Berg vs. Obama case with all of your analyses and why you are interested in the case.


329 posted on 11/21/2008 9:48:15 AM PST by Kevmo (Palin/Hunter 2012)
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To: Calpernia

All I can say is WOW!


330 posted on 11/21/2008 9:55:32 AM PST by surrey
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To: TheZMan
If nothing else maybe we will find out who exactly is responsible for ensuring constitutional requirements of elected officials and if the actual words in the Constitution are worth anything. I would like to know that anyway.
331 posted on 11/21/2008 9:57:11 AM PST by WHBates
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To: little jeremiah
How do you know that Donofrio thinks that Obama really has a vault BC showing he was indeed born in HI? He actually thinks that to be so?

Leo's rationale is that Obama IS a lawyer. A lawyer will generally have the paperwork to back up his side and NOT "bluff" on something as important as this.

There may be something damning in the COLB, but Leo said on Lan's radio show that this whole COLB thing is PROBABLY just a distraction - a rope-a-dope to keep us focused off the real issue.

Remember, Leo is looking at this through the eyes of the Framer's view of "Natural Born Citizen" -- with the office of unique CONSTITUTIONAL qualification requirements of POTUS. That little Senate Resolution in April/May proves the UNCERTANTY of this issue for McCain (but was intended by the Dems to help Obama, too):

S.RES.511: A resolution recognizing that John Sidney McCain, III, is a natural born citizen.
http://files.statesurge.com/file/669313 (please read for yourself)

Furthermore, after reviewing the events of the last year, Leo thinks McCain and the GOP never brought the issue of Obama's dual citizenship or divided loyalties because THEY REALIZED in a CONSTITUTIONAL-context McCain may not be considered a Natural Born Citizen himself.

Again, Leo's view is that in a CONSTITUTIONAL-context (NOT via statutes governing his birth to US citizens), McCain cannot HOLD the office either, not being born on US soil. CERTAINLY, Obama can't with DIVIDED loyalties of a DUAL citizenship.

In fact, Leo's point of view is both Democratic AND Republican voters were BOTH deceived by their respective candidates and parties. Looking back at the events of this Presidential Election Cycle, I tend to agree with him.

We may have ALL been duped!


332 posted on 11/21/2008 10:00:29 AM PST by BP2 (I think, therefore I'm a conservative)
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To: Calpernia

An excellent point. Having certified Calero (Nicaraguan born) is a serious failure in diligence that cannot be disregarded. The case has undeniable merit.


333 posted on 11/21/2008 10:06:44 AM PST by so_real
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To: BP2
BTW, a "Senate Resolution" doesn't mean a damn thing.

It's like you and 99 of your buddies getting together and saying, "Hey, let's allow Daffy Duck be president." Just because you agree to it, and that the Framers didn't "cover the issue of cartoon characters as President," doesn't change the law, and CERTAINLY not the Constitution.

As S. Res. 511 acknoledges:
Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

334 posted on 11/21/2008 10:11:01 AM PST by BP2 (I think, therefore I'm a conservative)
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To: CaribouCrossing
I agree. There are a number of reasons they might sit on this until they see where it goes. I suspect that if this was presented as a serious piece of journalism there would be public backlash of momentous proportions not to mention the concern about the nation's perceived weakness to our enemies if we cannot say for sure that the POTUS elect is eligible. (Of course I realize that the words serious and journalism are rarely utilized in the same sentence today.)
335 posted on 11/21/2008 10:11:55 AM PST by MWestMom (Tread carefully, truth lies here.)
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To: so_real

>>> My only concern with the SCOTUS justices would be a “feel good” decision

I don’t think they’ll decide based upon what is popular, but what is Constitutionally-correct. IF they do side with what’s popular — “No justice, no peace!”

However, it’s scary to think: would the SCOTUS allowed this to happen, without review, if Leo hadn’t brought it up in the first place?!


336 posted on 11/21/2008 10:18:31 AM PST by BP2 (I think, therefore I'm a conservative)
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To: MountainWoman
is it because he was born on a military base?

McCain wasn't born on a military base. He was born in the civilian hospital in Colon, Panama.

337 posted on 11/21/2008 10:20:15 AM PST by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: BP2
However, it’s scary to think: would the SCOTUS allowed this to happen, without review, if Leo hadn’t brought it up in the first place?!

You know ... that is a d*mn good point. The Balance of Powers at the Federal level is certainly slacking. Relying on the private sector to draw the SCOTUS into a "reactive" position is *not* the same as them being "proactive" in balancing government power as the Founders had intended. Certainly they should have jumped into the fray of their own volition earlier.
338 posted on 11/21/2008 10:28:44 AM PST by so_real
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To: Calpernia; Polarik

The pictures merging reminds me of the Racist comment “They all look alike!”....You’re not being racist are you ? ;~)


339 posted on 11/21/2008 10:29:29 AM PST by hoosiermama (Berg is a liberal democrat. Keyes is a conservative. Obama is bringing us together already!)
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To: so_real
Yep. To re-iterate my blatherings from before regarding Obama's in-eligibility:

...go to http://fightthesmears.com, and check it out (no need for Obots to change or remove the webpage -- it's been screenshot, archived and printed [we're wise to Obot tricks]):

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.”

And here's a nugget of wisdom from Vol 7 of the Foreign Affairs Manual on Dual or Multiple Nationality

U.S. nationals and citizens may possess dual or multiple nationality and owe allegiance to one or several foreign states. They may even have identified themselves more closely with the foreign state than with the United States, thereby calling into question the propriety of extending protection to them. Since each country establishes its own law of nationality, dual nationality cannot be eliminated, may result in confusion, and could complicate the ability of the U.S. Government to protect its nationals/citizens.

Even if he didn't "swear an oath of alliance to Kenya," Obama still had foreign citizen rights with England/Kenya until 1982 -- dual citizenship and divided loyalties to the US. That's why the POTUS is the ONLY office that has that requirement -- Natural Born Citizen.

I'm HIGHLY confident the SCOTUS will view it this way too in a CONSTITUTIONAL Context -- previous SCOTUS rulings and other laws written will have very little impact in their thoughts on how to apply Natural Born Citizen Constitutional requirements for the POTUS.

340 posted on 11/21/2008 10:30:03 AM PST by BP2 (I think, therefore I'm a conservative)
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