www.blogtext.org/naturalborncitizen/

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.

My stay application was originally denied by Justice Souter. So, under Rule 22.4, I renewed it to Justice Thomas who did not deny it. The sparse reporting on this issue I have seen today has failed to stress how unique such a situation is to Supreme Court practice. The vast majority of stay applications are denied. And once denied, a renewed application is truly a desperate measure the success of which heralds one of the rarest birds in Supreme Court history.

The relief I requested, a stay of the national election and a finding that candidates Obama, McCain and Calero be held ineligible to hold the office of President, has also not been granted at this time. So that leaves option "c)": Justice Thomas has referred the case to the full court. That much is clear from looking at the docket.

What isn't clear is whether the full court has already examined the referral and taken the extraordinary action of accepting the stay application as if it were a full petition for writ of certiorari which was done in Bush v. Gore, 531 U.S. 98 at 98 (2000):

"The court ordered all manual recounts to begin at once. Governor Bush and Richard Cheney, Republican Candidates for the Presidency and Vice Presidency, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari." (Emphasis added.)

It's not clear that SCOTUS precedent would allow a stay application to be "DISTRIBUTED for Conference" without it first having been transformed by the court into a full petition. I don't know if such a transformation could be sanctioned by Justice Thomas by himself. Again, I'm waiting for an official disposition notice from the Clerk's office. Regardless, either the full court has set this for Conference, or Justice Thomas has done it on his own. Either way, it signifies an affirmative action inside the US Supreme Court testifying to the serious issues raised by this law suit.
Rather than explain the intense pre-requisites pertaining to a stay surviving denial, I've uploaded the following page from SUPREME COURT PRACTICE, 8th Edition, the ultimate SCOTUS resource:










US Supreme Court case > US SUPREME COURT SCHEDULES FULL CONFERENCE TO DISCUSS NJ CITIZEN SUIT CHALLENGING OBAMA ELIGIBILITY
Posted: Nov.19.2008 @ 4:49 pm | Lasted edited: Nov.19.2008 @ 6:35 pm
THE UNITED STATES SUPREME COURT HAS SCHEDULED - FOR FULL CONFERENCE - LEO DONOFRIO'S NJ CITIZEN SUIT CHALLENGING THE ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL ELECTION CANDIDATES, INCLUDING BARACK OBAMA.

[UPDATE]:Leo C. Donofrio will be doing two radio interviews tonight. Those will be the last contact he has with the press until after the case is finally resolved by the US Supreme Court. Thanks to all for the support.

At 9:00 PM EST, Leo will do a brief radio interview with Bob Vernon for Honest American News. Please visit the Plains Radio Network for an archive of previous interviews with Leo.

At 10:00 PM EST, Leo will be interviewed on Overnight AM with Lan Lamphere where you can hear a rebroadcast of Leo's two hour interview from Nov. 18.

************************************************** ******

Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices.

If four of the nine Justices vote to hear the case in full review, oral argument may be ordered. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.

The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.

Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.

Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.

On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008. It is not known at this time the exact details of how the case came to be "DISTRIBUTED for Conference".



Background on "The Justices Conference" is discussed as follows by the Supreme Court Historical Society:

"No outsider enters the room during conference. The junior Associate Justice acts as "doorkeeper," sending for reference material, for instance, and receiving it at the door...

Five minutes before conference time, 9:30 or 10 a.m., the Justices are summoned. They exchange ritual handshakes and settle down at the long table. The Chief sits at the east end; the other Justices sit at places they have chosen in order of their seniority...

The Chief Justice opens the discussion, summarizing each case. The senior Associate Justice speaks next, and comment passes down the line. To be accepted for review, a case needs only four votes, fewer than the majority required for a decision on the case itself. Counsel for the litigants are directed to submit their printed briefs so that each Justice has a set several weeks before argument.



This blog will be updated as details emerge. Below is a screen-shot of the docket entry:



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.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:

Leo C. Donofrio P.O. Box 93

East Brunswick, NJ 08816
Party name: Leo C. Donofrio
http://origin.www.supremecourtus.gov/docket/08a407.htm





US Supreme Court case > CHALLENGE TO 08' ELECTION - SCOTUS DOCKET UPDATED BY RENEWED STAY APPLICATION TO JUSTICE THOMAS
Posted: Nov.18.2008 @ 2:14 pm | Lasted edited: Nov.18.2008 @ 5:35 pm
NJ CITIZEN LAW SUIT CHALLENGING 08' ELECTION - SCOTUS DOCKET SHOWS RENEWED STAY APPLICATION SUBMITTED TO JUSTICE THOMAS ON NOVEMBER 14, 2008

[UPDATE: 6:32 PM Leo Donofrio will be interviewed on Plains Radio at 8:00 PM est.]

[UPDATE: 3:08 PM Leo Donofrio will be interviewed on Lan Lamphere's Overnight AM radio program at 10:15 EST tonight. Click this link for a direct stream to the program.]

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













US Supreme Court case > NJ CITIZEN RENEWS EMERGENCY STAY APPLICATION CHALLENGING 08 ELECTION TO JUSTICE THOMAS
Posted: Nov.17.2008 @ 10:29 am | Lasted edited: Nov.17.2008 @ 10:18 pm
***LEO DONOFRIO OFFICIALLY RENEWS EMERGENCY STAY APPLICATION CHALLENGING 2008 ELECTION - EMERGENCY STAY APPLICATION RENEWED TO JUSTICE CLARENCE THOMAS - SUBMITTED AT 7:46 AM, NOV. 17, 2008***

[UPDATE: Upcoming Radio interviews with Leo Donofrio:

Leo Donofrio will be interviewed on Plains Radio tonight at 9:00 PM EST.

Leo Donofrio will be interviewed on the Alan Stang program, Nov. 18 at 8:00 AM EST.]

On Friday Nov. 14, 2008, Leo C. Donofrio sent, by US Postal Express Mail, a letter, as required by Supreme Court Rule 22.4, to the Clerk of the United States Supreme Court - William K. Suter - requesting his Emergency Stay Application as to the national election by renewed to the Honorable Associate Justice Clarence Thomas by right of law, specifically Supreme Court Rule 22.4 .

As of 1:17 PM the renewed application has not been updated to the US Supreme Court automated Docket.

According to Supreme Court Rule 22.1, the Clerk is demanded to "transmit it promptly" to the Justice it is addressed to. Please recall that on Nov. 3rd, Leo Donofrio originally submitted this same emergency stay application to the US Supreme Court. Despite the stay clerk - Mr. Danny Bickell - having assured Leo Donofrio that the application would be given to the Honorable Associate Justice David Souter that night, it was not transmitted promptly. In fact, it was not transmitted at all after Mr. Bickell, having made an illegal and improper substantive judgment of law, thereby denied the application on his own volition.

The emergency stay application was eventually submitted to the Honorable Associate Justice David Souter, four days late, on November 6, after Mr. Bickell was forced to concede that his denial had been improper.

The emergency stay application, having been brought to the US Supreme Court from a denial of the New Jersey Supreme Court, was required by Supreme Court Rule 22.3 to be submitted to Justice Souter as he is the Justice assigned to the Third Circuit which includes New Jersey. The application was denied by Justice Souter on Nov. 6, and such denial therefore triggered Leo Donofrio's legal right, under Rule 22.4 to renew the emergency stay application to "any other Justice." Mr. Donofrio has chosen to renew the application to the Honorable Associate Justice Clarence Thomas.

Hopefully, this time, the emergency stay application will be promptly transmitted to the Honorable Associate Justice Clarence Thomas.

The renewed application was delivered to the US Supreme Court Clerk's office at exactly 7:46 AM by US Postal Express Mail. (Click link for US Postal proof of delivery.)













US Supreme Court case > OBAMA ADMITS HE WAS BRITISH CITIZEN AT BIRTH - AS SUCH OBAMA IS NOT A NATURAL BORN CITIZEN OF US
Posted: Nov.15.2008 @ 10:06 am | Lasted edited: Nov.17.2008 @ 10:22 pm
OBAMA ADMITS HE WAS A BRITISH CITIZEN "AT BIRTH" - AS SUCH, OBAMA IS NOT A NATURAL BORN CITIZEN OF THE UNITED STATES AND NEITHER WERE THE FRAMERS OF THE CONSTITUTION, HENCE THE GRANDFATHER CLAUSE IN ARTICLE 2. SECTION 1, CLAUSE 5 OF THE US CONSTITUTION

**NEW**audio file, 50 minute interview with Leo Donofrio...on Plains Radio
[UPDATE]: 3:39 PM.

(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.

__________________________________________________ ________

Barack Obama's official web site, Fight The Smears, admits he was a British Citizen at birth. At the very bottom of the section of his web site that shows an alleged official Certification Of Live Birth, the web site lists the following information and link thereto:

FactCheck.org Clarifies Barack’s Citizenship


“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.