Libertarian and Conservative Political Commentary By Ordinary, Everyday People for Ordinary, Everyday People
Please God, let all that they fought for remain. Amen
“All gave some,Some gave all.”
If you can read this, thank a teacher.
If you can read this in English,please thank a Veteran.
I don’t know if anyone has posted this before, but it appears that a lawsuit in NJ by retired attorney Leo Donofrio on the question of natural born status may actually have a better chance of being heard by the SCOTUS than Berg’s suit.
NEW JERSEY VOTER VS. OBAMA AND McCAIN ON “NATURAL BORN CITIZEN” STATUS NOW BEFORE US SUPREME COURT – DONOFRIO v. WELLS – STANDING NOT CHALLENGED IN LOWER COURTS – OBAMA BIRTH CERTIFICATE NOT MAIN ISSUE
This is for real. See http://www.blogtext.org/naturalborncitizen/ for all the documents.
This case is much stronger than Berg as standing is not an issue. Please spread the links to this far and wide as the case has been subjected to some very unorthodox treatment in the courts.
UNITED STATES SUPREME COURT Docket #: 08A407
UNITED STATES SUPREME COURT Application for Emergency Stay and supporting brief: ScotusStayAppBrief.doc
NEW JERSEY SUPREME COURT ORDER
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.
While raising it as an ancillary issue, Plaintiff in this case did’t rely upon questioning Obama‘s birth certificate as the core Constitutional dilemma. Rather, he alleges that even if Obama was born in Hawaii, he was born to a Kenyan national father and is therefore not eligible to be President due to having dual loyalties at birth and split jurisdiction at the time of his birth.
The cause of action first accrued on September 22, 2008, when Secretary Wells certified to county clerks, for ballot preparation, a written “statement”, prepared under her seal of office, that was required by statute to contain names of only those candidates who were “by law entitled” to be listed on ballots in New Jersey. The statement is demanded by N.J.S.A. 19:13-22.
The law suit raises a novel contention that the statutory code undergoes legal fusion with the Secretary’s oath of office to uphold the US Constitution thereby creating a minimum standard of review based upon the “natural born citizen” requirement of Article 2, Section 1, and that the Supremacy clause of the Constitution would demand those requirements be resolved prior to the election.
The key fact, not challenged below, surrounds two conversations between the plaintiff-appellant and a key Secretary of State Election Division official wherein the official admitted, twice, that the defendant-Secretary just assumed the candidates were eligible taking no further action to actually verify that they were, in fact, eligible to the office of President. These conversations took place on October 22nd and 23rd.
Plaintiff-Appellant then initiated the litigation process on Monday, October 27th.
Now, post-election, plaintiff is seeking review by the United States Supreme Court to finally determine the “natural born citizen” issue. Plaintiff alleged the Secretary has a legal duty to make certain the candidates pass the “natural born citizen” test. The pre-election suit requested that New Jersey ballots be stayed as they were defective requiring replacements to feature only the names of candidates who were truly eligible to the office of President.
The action was brought as a “Complaint In Lieu of Prerogative Writs” (aka writ of mandamus) directly to the Appellate Division in NJ. An arduous four day litigation ended with Judge Sabatino denying plaintiff emergency relief. The Appellate Division case generated the following documents:
NJ Appellate Division Fact Sheet Upon Application For Emergent Relief
Judge Sabatino’s initial response
Supplemental Fact Sheet Upon Application For Emergent Relief
Fax letter to all parties regarding schedule for submitting briefs
Complaint In Lieu of Prerogative Writs
Letter to Judge Sabatino re: Motion for Summary Judgment
Notice of Motion For Summary Judgment, Counts 1and 2
NJ Attorney General’s reply brief for Secretary of State Wells
Judge Sabatino’s Opinion and Order, 5 pages
Plaintiff then submitted the case on an emergency basis to the New Jersey Supreme Court where a staff attorney reviewed it, requested 10 copies each of the Motion and 75 page appendix, and informed Plaintiff that a Supreme Court Justice would review it immediately with three possible scenarios unfolding:
- the Supreme Court Justice could grant the application on their own
- the Supreme Court Justice could deny the application on their own
- the Supreme Court Justice could call in the other Justices to review the case
Later that afternoon, Plaintiff was informed by telephone that his papers were in order and that other Justices of the Supreme Court had been brought in to discuss the case.
Regardless, later that afternoon, the application for emergency relief was denied.
However, in an incredible turn of events, the NJ Supreme Court specifically ignored the lower court’s five page opinion – such opinion having avoided the Constitutional question presented – and relied upon “Movant’s Papers” which did discuss and employ Constitutional issues.
Here is the decision of the Honorable Justice Virginia A. Long:
“This matter having come before the court on an application for emergent relief pursuant to Rule 2:9-8, and the undersigned having reviewed the movant’s papers and the papers filed by the defendant in the Superior Court, Appellate Division, it is hereby Ordered that the application for emergent relief is denied.”
This then opened a door to US Supreme Court review. Since “Movant’s papers” are based on a Constitutional issue, it is proper for the US Supreme Court to review the case.
Plaintiff-appellant prepared the US Supreme Court emergency stay application over the weekend and then rushed off to Washington DC on November 3rd where he filed an Application For Emergency Stay of New Jersey ballots, and/or a stay of the “national election”. Plaintiff’s terminology is of vital importance here. Plaintiff’s use of the term “national election” includes all aspects thereof, including the popular vote, full election results, and the electoral college process.
Justice Suoter, facing a tough decision in the wake of Obama’s landslide victory, took four days to examine the extensive lower court paper trail and legal precedents pertaining thereto, but he eventually denied the application on Nov. 6th, 2008. However, the case is still live, but not for the reason erroneously listed on the SCOTUS Docket.
It appears Justice Suoter was misinformed by the US Supreme Court Stay Clerk, Mr. Danny Bickle. A full Petition for Writ of Certiorari is listed as “pending” on the Supreme Court docket, and such Petition having not been dismissed by Justice Suoter indicates the serious merits of the case, but plaintiff-appellant did not make any such full Petition, and so its existence is a procedural fiction. But the case is still live and pending as an Emergency Stay Application.
Due to the emergent nature of Stay proceedings, plaintiff is entitled – by law – under US Supreme Court Rule 22 to resubmit the Application for an Emergency Stay to another Justice of his choice along with a supplemental letter to accompany the original Stay application. Justice Suoter had right of first review because he is charged with review of 3rd Circuit actions, and New Jersey is in the 3rd Circuit.
But now that Justice Suoter has denied the emergency stay with prejudice, Plaintiff may resubmit the Application For An Emergency Stay of the national election results and Electoral College meeting to the Honorable US Supreme Court Justice Clarence Thomas. Furthermore, all nine Justices will be served on this round, according to Rule 22 which requires Appellant to submit 10 copies of the original Stay application for the entire Supreme Court.
A supplemental letter detailing the unorthodox procedural history involved with this case is being prepared for Justice Thomas to review along with the prior Stay application. This letter will be available at this site before it is actually submitted to the SCOTUS.
Instead of making a full Petition for Certiorari, plaintiff-appellant, as to his Emergency Stay Application, relied on the procedural history in Bush v. Gore, wherein Bush also chose to fore go a full Petition for Cert., and instead relied exclusively on an emergency Stay application handed to one Justice who then empaneled the entire court. The Supreme Court then granted the Stay, treated the Stay application as a full Petition for Certiorari and granted that Petition despite the fact that Bush only submitted the one Application for Emergency Stay. That was done because the urgency of the situation begged resolve of the national Presidential election. The same conditions apply here as the clock is ticking down to December 15th, the day for the Electoral College to meet.
The bi-partisan case progressed quietly through the lower courts with no publicity as the plaintiff-appellant sought to respect court authority seeking only to have the “natural born issue” determined once and for all. He didn’t create a web site or request donations. The suit is self financed.
However, due to some very unorthodox treatment of the case in the NJ Appellate Division, and also by the US Supreme Court Clerk’s office, a press conference is now being prepared to coincide with the resubmission of the Stay application to Justice Clarence Thomas.
In agreement with the above. Amen
Jeff,I’ve cross-posted on therightchoice2012.com with credit.Treasure Our Freedom? Thank a Veteran.
Thank you for remembering us Veterans. I may have only served a short time, but there are many worth our praises.Luke Sanderlin
Lord,Give us the strength to be willing to lay down all that we have, even our lives, to make sure all that they fought for remains. Amen
Jeff – this group has asked for your help in writing their letter to the Electors.Do you have time to help, please?http://www.democratic-disaster.com/index.php
http://www.jpost.com/servlet/Satellite?cid=1225910089501&pagename=JPost%2FJPArticle%2FShowFull 'Obama's advisers met with Hamas'
Hamas political adviser Ahmad Yousef claimed on Tuesday morning that prior to the US general elections, a secret meeting was held between officials from the group and President-elect Barack Obama's advisers in the Gaza Strip.
In an interview with the London-based Al Hayat newspaper, Yousef reportedly said that contact between Hamas and Obama's advisers was first established over the Internet.
The Jerusalem Post could not confirm the report.
"We first made contact on the Internet and then met with some of them here in the Gaza Strip. They advised us not to reveal this information lest it influence the elections or become manipulated by [Republican candidate John] McCain's campaign".
Yousef added that he personally had friendly relations with a few of Obama's advisers whom he had met when he lived in the US.
"Prime Minister Ismail Haniyeh will draft a congratulatory letter to Obama for his victory in the elections," added Yousef.
The office of the president-elect could not be reached for comment on the report due to the time difference between Israel and the US.
I am so thankful to all our Veterans, living and deceased, and our current military for the America they have given us. They deserve a Commander-in-Chief who will uphold the foundations of our nation and defend our Constitution. I fear we have decided to dance with the devil and cast aside those very ideals that made our country great. We know that God is ultimately our only Commander-in-Chief so we have to put our trust in Him alone and pray for our country and our citizens. Today when I put my beautiful flag up, my heart is heavy but I know that America will rise up, as we always have, and confront whatever lies ahead. MAY GOD BLESS AMERICA!
“…a peace invulnerable to the schemings of unworthy men.”
I’m so sorry we let you down, vets. I’m so sorry we’ve taken liberty for granted and let freedom start slipping from our grasp.
Thank you for all that you have done. You are deeply appreciated.
That was a very moving prayer! Amen and Amen! I’m sorry I never heard that in High School or College!
We have such a great heritage.
I am ever vigilant in prayer for our great nation.
Chuck Norris on Obama:
FROM THE LIPS OF OUR BRAVE TROOPS…”WE WOULD RATHER FIGHT THEM HERE IN IRAG/AFGANISTAN THEN IN OUR HOME STREETS”
WHY DO OUR BRAVE TROOPERS RETURN TO THE BATTLE WITH ARTIFICALE LIMBS
WHAT DO THEY KNOW AND SEE THAT THE UNGRATEFUL HERE AT HOME DON’T ???
WE CAN THANK BUSH FOR OUR SAFE STREETS…WILL WE BE ABLE TO SAY THAT UNDER OBAMA ???
WAR HAS NEVER CAME TO THE STREETS OF THE UNITED STATE EXCEPT FOR A FEW RIOTS…..
DO YOU REMEMBER WHRN A FAULTY SWITCH IN A POWER PLANT SHUT OFF THE POWER TO THE EAST COAST??? THE PANIC IT CAUSED…
THE IRAG PEOPLE KNOW YOU CANT HAVE AN ECONOMY WITH OUT SECURTY.. AS THE AMERICAN TROOPS PULL OUT THE INSERGENTS WILL FLOW IN..
WITHOUT SECURTY IN THE US ,,YOU WILL NOT HAVE TO WORRY ABOUT WALL STREET…MAINSTREET..AIG… STOCK MARKETS EXPORT/IMPORT GAS OIL GREEN HOUSE GAS. HOUSING MARKETS..
YOUR ONE AND ONLY THOUGHT WILL BE HOW CAN ME AND MY FAMILY SERVIVE…
OLE MARINE SAYING……….
WHEN YOU ARE UP TO YOU ASS IN ALLIGATORS,IT IS DIFFICULT TO REMIND YOURSELF THAT YOU INITIAL OBJECTIVE WAS TO DRAIN THE SWAMP.
You are welcome.
From a Veteran, the wife of a Veteran, the grand daughter of a Veteran in Normandy on D-Day. He lived a long productive live having survived that day. RIP Grandpa.
Thanks for what you do Jeff.
The Berg string is kind of far back, so I've taken the liberty of posting this comment on Jeff's current "Veterans" posting.
“Andy Martin speculates on the bizarre litigation behavior of Philadelphia lawyer Philip J. Berg”
Several people have asked about the disconnect between Martin and Berg. Martin explains why he advised against Berg’s lawsuit and why he doesn’t want to be associated with Berg.
Here are some excerpts from Martin’s November 11 blog:
“There are very legitimate questions about Obama’s birth certificate and family history. By filing frivolous cases (a case filed in the wrong court seeking the wrong relief against the wrong defendants is frivolous) and misusing legitimate issues, Berg obscures the seriousness of the underlying questions about Obama’s past. And, inevitably, journalists link Berg and others (such as myself) together, despite the fact that we have absolutely no connection. I, for one, do not enjoy being joined to Berg in any form, even a news story. http://www.thebulletin.us/site/index.cfm?newsid=20193200&BRD=2737&PAG=461&dept_id=576361&rfi=8”
“First, no one is more opposed to Barack Obama and his hard left warriors than I am. Obama’s minions were not attacking Berg during the campaign; they were attacking me. I was the first one to focus attention on Obama’s evasiveness and deception, four years ago. But while I have attacked Obama, I have also worked hard to anchor all of my claims in evidence, interviews and traditional forms of legal research. That’s what really scares Obama.
“When I asked Berg in August how he was going to prove Obama was born in Kenya, he said “I saw it on the Internet.” Not good enough for a federal judge.
“Second, Berg likes to identify himself as a “supporter” of Hillary Clinton. That’s garbage. He’s smearing Clinton. Clinton must cringe every time Berg does some new stunt and misuses her name. Berg has no connection with Clinton. More misuse.
“Third, is Berg’s motive to collect money from frustrated voters? I don’t know. He does ask for cash, so that may be the explanation. To be sure, my Committee also receives donations, but we have funded two trips to Hawai’i for Obama research and investigation, and a birth certificate lawsuit scheduled for a hearing on November 18th in Honolulu.
“Fourth, could Berg be professionally incompetent? Berg has been criticized by judges: http://www.law.com/jsp/article.jsp?id=1122023117263http://systocracy.com/Bergmalpracticetwohttp://www.paed.uscourts.gov/documents/opinions/05D0679P.pdfhttp://www.paed.uscourts.gov/documents/opinions/05d0521p.pdf
“Finally, is Berg really an Obama operative? Berg’s behavior is so far outside the normal confines of legal practice that his conduct is aberrant as well as abhorrent. To date, only Obama has benefited from Berg’s misbehavior. When an Obama opponent acts crazy, Obama’s people say ‘See.’”
Today I am feeling a debt of gratitude to all our veterans and all our military at home and abroad.
I am frightened for the future of our nation. I pray that Obama will not un-do everything our men and women have fought so hard to preserve.
Jeff, in light of the comment above about Hamas, would you consider writing about the Logan Act? I don’t know whether Obama’s violated it. But it sure gives me cause to worry about his foreign policy agenda.
Here’s an interesting article by Judah Benjamin that some of your readers might find interesting.
As a Vet it was my honor to serve.
Thank you … brave men and women who defend(ed) us and continue to fight for America!
When your time of service is up, consider NOT reUpping.
Come home to the states, brave souls … we’re going to need your help with the new red army!
The Emperor’s new clothes are made from red Communist threads!
To my fellow Marines, Happy Birthday and Semper Fi. To all my fellow brothers and sisters in arms and their families, thank you for your service and sacrifice. Be comforted that it has not been in sacrifice and you will always be remembered and in my prayers.
God Bless America!
Happy Veterans Day…AND THANK YOU!!!!!
OT this thread, but this needs to be shared right away! I found this on the Internet but don’t know who wrote it. Maybe this will provide us all some much needed cheer?
Fellow Business Executives:
As the CFO of this business that employs 140 people, I haveresigned myself to the fact that Barrack Obama is our next President, and that our taxes and government fees will increase in a BIG way.
To compensate for these increases, I figure that the Clientswill have to see an increase in our fees to them of about 8% but since we cannot increase our fees right now due to the dismal state of our economy, we will have to lay off six of our employees instead. This has really been eating at me for a while, as we believe we are family here and I didn’t know how to choose who will have to go.
So, this is what I did. I strolled thru our parking lot andfound 8 Obama bumper stickers on our employees’ cars and have decided these folks will be the first to be laid off. I can’t think of a more fair way to approach this problem. These folks wanted change; I gave it to them.
If you have a better idea, let me know.
Jeff,Thank you for your tribute to our Veterans who have fought for our country, and many of whom have lost their lives or been wounded defending the USA. May we never forget their bravery in keeping us safe.
My husband did three tours in Vietnam and was spit on when he returned to the US. The same radicals that we are fighting today, in fact some of the very same people that were active in the sixties and seventies, are still active today, and trying to destroy our country. We must not let them succeed.
That being said, I think that the furor over the birth certificate is probably only the tip of the iceberg in this thing, as per this:
There is so much info that has been covered up and buried that we will never know all of the background.
Pray for our country – God Bless the USA.
You’re welcome. Not stop your little girl belly-aching and get your crap together.
I didn’t spend three years fighting for this country for you little conspiracy theorists to try and destroy my party with bullshit.
GET TO WORK
THANK YOU for fighting for America. As for the belly-aching, I’m merely interested that we adhere to the rule of law. Look at the other post from today about Obama’s campaign finance audit, or lack thereof, for example.
Listen, I never said that I could attest to the veracity of the claims put forth by Phil Berg or any of those other people who have brought similar actions. I merely am interested in our constitution being followed. That’s all.
You fought for our country. You fought for our constitution, and for the freedoms it provides and the guidelines it sets out. There is nothing “conspiracy theorist” about wishing that we do everything we can to uphold it here at home.
I hope you understand, but understand if you do not. Regardless, thank you, wholeheartedly, for doing what you have done for America.
Actually, Jeff, I wasn’t talking about you. I’ve seen you move away from the crap recently and I get back to the heart of the issue. For that I thank you sincerely.
My apologies as I should have clarified that in my previous post. I was talking, specifically, to the whiners who are posting here, trying to steal your thunder by linking to their sites, and being a huge distraction to your cause.
I thank YOU, Jeff, for all the hard work you’ve put in here and for being fair and balanced with your efforts. It’s the other idiots that make me angry.
One more indication of what we can expect from Obama’s thugs:
And this is just the beginning.
To the poster who asked Jeff for his help on the electoral college initiative: I think Jeff is well aware of this actvity and would be already doing something there, if he thought this is what he should do.
If you’ve followed this site consistently you will have read previously that Jeff had mixed feelings about continueing to pursue the BC issue.
I understood his thoughts, and respect them. I respect the course he has chosen to follow. We all must take the time to know and follow our convictions, and respect that we may follow different paths.
Jeff is still continueing to provide us with a valueable service here. Whatever comes out of the BC issue, it behooves us all to follow more closely the activities of our government and to try to exert as much influence as possible through our elected representatives congressmen and women. My challenge to you all is to not just blog, but to start getting involved.
For those of you who are intereted, Phil at http://www.therightsideoflife.com/is continueing to follow the BC pursuits.
see also http://www.americamustknow.com
My 5th grader’s class had a wonderful presentation today. Area veterans were invited and honored. There was a poem printed on the back of the program that I wanted to share with everyone. It is especially timely:
A Soldier’s Legacyby Charles E Province
It is the soldier, not the reporter, who has given us freedom of press.
It is the soldier, not the poet, who has given us freedom of speech.
It is the soldier, not the objector, who has given us the freedom to demonstrate.
It is the soldier, not the lawyer, who has give us the freedom of fair trial.
It is the soldier who salutes the flag, who serves under the flag,
Who’s coffin is draped with the flag,
Who gives freedom to the protestor who burns the flag.
This is a soldier, lest we forget….
Thank you, soldiers!!!!!
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