Obama Presidency Challenged By New Jersey Voter re:"natural born citizen" - Before US Supreme Court
Obama presidency challenged by New Jersey voter re: "natural born citizen" now before US Supreme Court. Standing not an issue-Birth Certificate not main point of suit. Action was originally filed against both Obama and McCain alleging ineligibility.
Champion of rights
FOR IMMEDIATE RELEASE
PRLog (Press Release) – Nov 10, 2008 – 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 didn't rely upon questioning Obama‘s birth certificate as the core Constitutional issue. 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.
Plaintiff then submitted the matter to the New Jersey Supreme the next morning, and after an emergency review by multiple Supreme Court Justices, 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.
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 a 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. 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.
To view the official court documents, pleadings and orders,
please see http://www.blogtext.org/naturalborncitizen
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Leo Donofrio is a citizen rights advocate. He is a retired attorney who now uses his legal background to identify Government abuse of citizen rights in order to educate the public, "We The People".
1 day ago
2 comments:
Obama Cannot Be President
by Dr. Robert Coambs
Dr. Coambs studies human reasoning and logic.
Obama is Disqualified by the Known Unknowns
(1) At the time of the November 4 election, Obama' eligibility was unknown to the majority of the American electorate. That is, the vast majority of the American electorate did not know whether Obama was eligible to become the President of the United States (POTUS).
Furthermore Obama's eligibility remains unknown, even to Americans who are very interested in this question, and have inquired deeply into it. When asked in court to produce evidence of his eligibility, Obama has declined to do so, even in the face of the considerable time, expense and trouble that is needed to avoid providing this evidence. Thus, the US citizenry did not know on November 4 if Obama was eligible, and they still do not know.
(2) Among the US citizenry are the following:
The current POTUS
The current VPOTUS & President of the Senate
The US Supreme Court
The US Congress
The Senior Staff of the Pentagon
The Senior Staff of the Federal Elections Commission
The Members of the Electoral College
To best of my knowledge, none of these individuals have officially and publicly declared Obama to be eligible to be POTUS. They have not produced or provided sufficient evidence to prove this eligibility.
(3) The news media, television, radio, and the Internet transmit huge amounts of information each day. However, to the best of my knowledge the eligibility of Obama to be POTUS is not known by the general public (See Note 1).
(4) Until and if that dissemination occurs, there is a method of formal logic that can be applied to this situation. It is called the Categorical Syllogism, and was described by Aristotle (Prior Analytics, 24b18-20). Ordinarily, a categorical syllogism is simply called a syllogism, as I shall do here. We begin with the major premise, which is from the US constitution, Article II, Section 1, which states:
"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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States."
(5) From this we can construct the following syllogism:
Major Premise: To be POTUS, the candidate's eligibility must be publicly known.
Minor Premise: Obama's eligibility is not publicly known.
Conclusion: Therefore Obama is not POTUS.
(6) How Categorical Syllogisms work
When we learn logic in school the categorical syllogism is often taught like this. It begins with a Major Premise, like this:
All humans are mortal.
Then one introduces a second, or Minor Premise, like this:
Socrates is human.
Then we combine the major and minor premises to get this Conclusion:
Therefore, Socrates is mortal.
This method of deductive logic is more than 2000 years old and is taught in almost every introductory logic course in the world. According to these rules of deductive logic, as described by Aristotle (Prior Analytics, 24b18-20) if both premises are true, then the conclusion is true.
Logic is a branch of mathematics, and these rules are like those of arithmetic, where 2+2=4. The result is not negotiable. It is not subject to debate. These rules are universal, they apply everywhere in the known universe. At any time or place one can imagine, 2+2 will equal 4.
Just like arithmetic, the rules of deductive logic are not time-dependent and can be articulated at any time and place in the Universe. If we were to stand on the surface of Mars, then 2+2 would equal 4, and the syllogism above would also be true. If we were traveling at nearly the speed of light, these rules would be true. If all humans disappeared from existence, and only one computer remained, then it could calculate that 2+2=4, and it would be correct. If the computer disappeared, and there were no sentient beings left, and no computational devices, then still, 2+2=4. The syllogism would also be true. These rules are not the inventions of man, they are the rules of nature, and of the Universe.
The simple rules of arithmetic and deductive logic transcend space, time, matter, and energy. There is no point in trying to refute a categorical syllogism in which both premises are true. The conclusion must be true.
The conclusion of this syllogism is self-evident, because it merely requires the combination of two correct premises to produce a correct conclusion.
As I write this, both premises are true, and therefore, Obama is not POTUS. Right now, this is not a constitutional issue because Obama only the president-elect. The syllogism is written in the present tense, so as time moves forward, the status of the syllogism also moves forward. As time reaches January 20, 2009, if the premises remain true, then the conclusion will remain true: Obama is not POTUS. At that point the syllogism has significant constitutional impact, because Obama will sit as if he is POTUS, but he will not be POTUS.
Obama has ample time to act. If at any time Obama becomes publicly known to be eligible, then this syllogism would be invalid. That is, Obama might be POTUS, because he would be eligible. The conclusion of the syllogism would be invalid, because the minor premise would be invalid. The minor premise states "Obama's eligibility is not publicly known". If his eligibility becomes known, then the conclusion is invalid, and Obama might be eligible. But until his eligibility is publicly known, Obama is not POTUS, either before or after January 20.
If Obama took office without his eligibility being publicly known, then he is not POTUS. If Obama pretended to be POTUS, and other humans believed that he was POTUS, he would still not be POTUS. Even if 300 million Americans agreed to let Obama sit as if he were POTUS, and run the executive branch of the USA as if he were POTUS, he would not be POTUS.
The syllogism is compelling, omnipresent, and transcendent in time. So long as the premises remain true, the conclusion is true, and it's form and meaning cannot be changed by human intervention.
If Obama sat as President, and left office 8 years later, he never was POTUS. If historians look back from 1,000 years hence, logic will dictate that he was not POTUS. For those 8 years, the USA did not have a POTUS. No element or feature of the past can be changed to make him POTUS. It is not possible to change the past. Obama never was POTUS.
None of the laws passed in the 8 years that Obama sat in the White House would be valid, because they must be signed into law by POTUS, and there would be no POTUS. Executive orders, Supreme court appointments, and declarations of war would not be valid. Nothing.
If the military took any action under the command of Obama, they would be in double jeopardy. Because they have sworn to uphold the Constitution, it would be forbidden by law for them to obey Obama, since according to the Constitution, he is not POTUS. POTUS is their commander in chief, not Obama. If they obeyed Obama on any matter, they might be held accountable for war crimes, since they acted without authority from POTUS. Because of the way military law works, there is no middle ground. The military can only obey the POTUS and uphold the Constitution, from the highest general to the greenest private.
There are two implications of this reasoning which are debatable, and go beyond the strict implications of the syllogism. They are (a) Because the military is charged to uphold the Constitution, by force if necessary, they may or may not be empowered (or required) to remove Obama from office, and (b) It may be correct and patriotic to refuse to follow any orders given by Obama. This may apply to all American citizens.
If the US Constitution was changed before Jan 20 to make Obama eligible, then everything would change. Then the syllogism would no longer be valid, because the major premise would be invalid. Obama might be eligible to be POTUS. But this would only apply if the Constitution was changed before January 20, 2009. If an effort is made to change the Constitution after Januray 20, it will not succeed under law, because there is no POTUS. Because Obama is not POTUS, he could not sign the Constitutional change into law.
Obama could step aside in favor of the Vice President. The Vice President would become POTUS, and he could sign the law if he chose to. However, the new POTUS would not be required to sign the constitutional change into law. It would be up to his discretion. Furthermore, once Obama has stepped aside from acting as POTUS, there is no constitutional mechanism by which Obama would be empowered to re-assume the position of POTUS.
This syllogism is true, prima facie and does not have to be proven in any court. The rules of deductive logic cannot be changed by any court or legislative assembly . These are rules of nature and the Universe, not of man, and no court or legislature can change them. No human can make a law that 2+2 equals 5, or make a law to change the structure of the syllogism. Humans cannot legislate that oxygen shall be nitrogen, or declare that protons are illegal, or that the planets do not orbit the sun.
Although the arguments articulated here could readily be used in a court of law, the syllogism is true whether or not it is considered by a court, or any human authority. These arguments can be made before various courts and authorities, but logic does not require this. Lawyers are certainly entitled to use these arguments in court to convince a judge that Obama is not POTUS. However, no matter what opinion the judges offer, Obama is not POTUS.
Therefore, So long as the premises remain true, Obama is not POTUS. If the premises remain true forever, then Obama will not ever be POTUS. Humans have no jurisdiction over the rules of logic. Logic is governed by the rules of nature, not of humanity.
SUMMARY
Major Premise:
To be POTUS, the candidate's eligibility must be publicly known.
Minor Premise:
Obama's eligibility is not publicly known.
This syllogism responds only to rules of deductive logic and cannot be overturned by any human action. If the premises are taken to be true, then the conclusion must be true. There is no law or statute that requires the rules of logic to be proven in a court of law for them to be enforceable. The laws of logic are compelled by nature, and cannot be challenged by any law of man.
Therefore, the conclusion of this syllogism cannot be questioned by humans of any authority. No human is empowered to alter, rewrite, or adjudicate the laws of the universe.
Conclusion:
Therefore, Obama is not POTUS.
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Note 1. The unknown status of Obama's eligibility is typified in a current court case in New Jersey.
It is the case of lawyer Leo Donofrio versus New Jersey Secretary of State, Nina Mitchell Wells. In it, Donofrio claims that it is the duty of Wells, as Secretary of State for the State of New Jersey, to independently verify the constitutional qualifications of the presidential candidates before placing them on the ballot in that state.
Specifically, Donofrio notes in the brief accompanying the Application for Emergency Stay filed with the U.S. Supreme Court, Wells was required by N.J.S.A. 19:13-22 to make a statement in which she certifies and signs off on the names of the candidates on the ballots. The statute, in relevant part with emphasis added:
"The Secretary of State, not later than eighty-six days before any election whereat any candidates nominated in any direct petition or primary certificate of nomination or State convention certificate filed with him are to be voted for, 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."
In other words, Leo Donofrio suggests that the New Jersey Secretary of State appeared unaware of the eligibility of Obama to serve as POTUS. If she was aware of Obama's eligibility to be POTUS, she did not communicate this to the electorate.
____________________________________________________
To reply to Dr. Coambs, please leave a comment on the following thread:
http://ginacobb.typepad.com/gina_cobb/2008/11/sitrep-obama-citizenship-nov-11-08----a-key-known-unknown-sinks-obama.html
http://www.youtube.com/watch?v=MZwON6dKHks
http://www.youtube.com/watch?v=cCzu5phV3f4
http://www.youtube.com/watch?v=Ps1CQU2fS9s
http://www.youtube.com/watch?v=9ktMP9OqXBk
http://www.youtube.com/watch?v=gA6_k3NtXZs&feature=related
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