Monday, November 24, 2008

Obama Birth Certificate: SCOTUS Conference Scheduled for Dec 5

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Denofrio Vs. Wells
Barack Obama, Birth Certificate, Citizenship Questions

Justice Clarence Thomas: Distributed Leo C. Denofrio’s renewed application For Conference on December 5

IF Four of the Nine Justices Favor Review, A Hearing will Be Held

McCain, Colero Also Challenged

Three candidates for U.S. President and none of the three were eligible--one of the candidates wasn't and has never been a citizen of the United States?

What's up with that?

Leo C. Denofrio of New Jersey wants to know.

Denofrio (who has had his named spelled "Denofrio" and "Donofrio" in a wide array of stories) has challenged the legality of three candidates that appeared on the New Jersey ballot for U.S. president: Democrat Barack Obama, Republican John McCain and Socialist Workers Party candidate Roger Calero.

And he makes good arguments that none are qualified to serve as president.

Denofrio has offered up the U.S. Constitution, New Jersey law, the 14th Amendment, the U.S. Department of State’s Foreign Affairs Manual, and other laws as the basis for his case.

Denofrio began his case in New Jersey against New Jersey Secretary of State (SOS) Nina Mitchell Wells. The case is now one step away from a hearing by the U.S. Supreme Court.

The suit is just one of many that sprung up challenging the constitutional qualifications of Barack Obama, John McCain or both, to serve as U.S. president.

On November 19, U.S. Supreme Court Justice Clarence Thomas distributed Denofrio's renewed application (for a stay of the 2008 election) for conference on December 5.

The Supreme Court wouldn't be anxious to involve itself in another US election, but it wouldn't have to--IF the individual secretaries of state had fulfilled their duties. Three other justices would have to join Thomas in requesting a hearing.

Four of the nine SCOTUS justices have to favor review for a hearing on the matter to be scheduled.

Donofrio's first application was denied by Justice David Souter on Nov. 6. The rules of the court, however, allow for a renewed submission to a justice of the petitioner's choice.

From a highly-informative Linda Bentley article, Justice Thomas distributes Obama case for conference:

The Missing Records of Barack Obama

* Obama Selective Service Registration: Another Obama Record, Another Question
* Unreleased Obama Records: Did Obama Attend Columbia?
* Obama Records: Obama Medical, College, University, Other Records Still Hidden
* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Medical Records: MSM’s Don’t Ask, Obama’s Don’t Tell Policy
* Obama Records: Obama Campaign Still Refuses to Release Medical, Other Records

Beginning in October, Denofrio made his way up through the ranks of the courts until his constitutional question as to the meaning of “natural born citizen” reached the Supreme Court.

He submitted an application for an emergency stay to prohibit the use of what he called “defective ballots” in the state of New Jersey because they contained ineligible candidates for the office of President of the United States, and asked that the court order New Jersey Secretary of State (SOS) Nina Mitchell Wells to remove the names of Republican candidate John McCain, Democratic candidate Barack Obama and Socialist Workers Party candidate Roger Calero from New Jersey ballots.

According to Denofrio, the three candidates are not “natural born citizens,” as required by the Constitution to hold the office of President of the United States.

Leo Denofrio contends Obama, even if it were proven he was born in Hawaii, because his father was born in Kenya, having been born with split and competing loyalties, is not a ‘natural born citizen’ as required by Article 2, Section 1, of the U.S. Constitution.”

Denofrio contacted the New Jersey SOS Elections Division on Oct. 22 to determine what steps the SOS had taken to determine whether any of the presidential candidates listed on the New Jersey ballots were eligible for the office.

He was informed by Elections Manager Donna Barber the SOS took no steps to determine eligibility and assumed eligibility based only upon the fact they had been nominated.

However, New Jersey statute requires Wells to make a “statement” wherein she certifies, under her hand and official seal of office, the names … “of all such candidates for whom the voters within such county may be by law entitled to vote at such election.”

So the Secretary of State is required to vet candidates to determine if they're qualified--and then admits no such vetting occurred?

What's up with that?

On Oct. 23, Denofrio spoke to Barber, who again informed him she had no reason to object to such party nominations and the statutory deadline for objections had passed. Barber specifically stated the Elections Division would not change ballots at such a late date.

Denofrio says New Jersey voters must rely upon the SOS to safeguard the integrity of their electoral process, especially during presidential cycles “when she must be most vigilant of her oath of office.”

If the SOS doesn’t protect the citizens of New Jersey, Denofrio states it is then up to the citizens to command Wells to do so.

As a result of Wells’ “misfeasance,” Denofrio says the state’s ballots contain the names of three presidential candidates who are not, “by law entitled,” to hold the office of President of the United States.

Denofrio states McCain was born in Panama, Calero was born in Nicaragua and Obama’s birthplace has not been verified.

He asks, “If the SOS’s role is clerical, then who is responsible for Roger Calero appearing on the ballots?”

Just how good of a job did the New Jersey Secretary of State do fulfilling her duties of office?

Colero isn't even a citizen of the United States and appeared on the New Jersey ballot for president of the U.S.--an office which he was constitutionally unqualified to hold.

NJSOS Wells would seem to be in clear violation of her oath of office to ensure that candidates are "qualified".

Calero, born in Nicaragua, not only is not a “natural born citizen,” he isn’t even a citizen. He’s a resident alien who also appeared on numerous state ballots during the 2004 presidential election.

While the Socialist Workers Party was somehow qualified to place its candidate on the ballot in 10 states, five of those states refused to list Caldero on their ballots because he is not constitutionally qualified and substituted candidate James Harris, a “surrogate nominee.”

The story goes on to point out that "Denofrio also quotes a section from the U.S. Department of State’s Foreign Affairs Manual, which states, “Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to U.S. jurisdiction and does not acquire U.S. citizenship by reason of birth.”

"The Foreign Affairs Manual also addresses the issue of eligibility for president as such: “It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency.”

Denofrio cites 8 USC 1402(a): that McCain may claim his citizenship because of the statute. But does that make McCain a "natural born citizen"?

Denofrio states, “McCain is in the class of citizens who obtain their citizenship at birth, but not from the Constitution, but rather federal statute.”

Extremely interesting.

Denofrio offers more evidence that his case has merits.

Denofrio states, “… had the U.S. legislature intended to grant ‘natural born citizen’ status to all who were born on U.S. soil, then the 14th Amendment would contain the words ‘natural born citizen,’ but it doesn’t … McCain was born in Panama. Panama is not considered U.S. soil, nor has it ever been considered as such.”

The Naturalization Act of 1790 stated, “… the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens ...”

However, Denofrio points out the Naturalization Act of 1795 specifically repealed the 1790 act and replaced it with the same clause except with the words “natural born” deleted.

So Calero is not even a US citizen and he appeared on the NJ ballot.

John McCain, though he served his country and is a citizen by federal statute, wasn't constitutionally-qualified to serve as president.

And Obama?

Denofrio: "Obama has not been presented with a legal request from a party with proper standing to command him in any way, and therefore has no legal responsibility to produce one."

"[S]ince candidate Obama was born to a Kenyan father, he also is not eligible to the office of president since he is not a ‘natural born citizen’ by the Constitution.”

In conclusion Denofrio states had the legislature intended to grant “natural born citizen” status to all who were born on U.S. soil, the 14th Amendment would contain the words “natural born citizen.”

Will Denofrio's petition get the necessary support to command a hearing?

Does his petition have merit?

Did the NJ Secretary of State fulfill her obligations under the law to ensure that only qualified candidates appear on the ballot? One candidate--Calero--clearly was not qualified to appear on the NJ ballot.

Were there others?

How many other Secretaries of State "assumed" that the candidates were qualified--instead of "ensured" they were qualified?

We'll know more about this in the coming weeks, it seems.

In the meantime, what of Leo C. Denofrio?

He's used to tension: he retired from law to enter the ranks of professional poker players.

The Obama Birth Certificate Questions

* Obama Records: Obama Campaign Still Refuses to Release Medical, Other Records
* Obama Birth Certificate: Ruling in Berg v. Obama Expected In Next Two Days- UPDATED
* Obama Birth Certificate Lawsuit: Obama, DNC Fail to Respond-UPDATED
* Washington Man Files Lawsuit over Obama Citizenship Questions
* Obama College, Medical, Birth Records: Who is Barack Obama?
* Obama Birth Certificate Federal Lawsuit: Video Released On YouTube
* Obama Birth Certificate Federal Lawsuit: Updates, News and Reactions
* Obama Birth Certificate Federal Lawsuit: The Curious Behavior of the Obama Campaign
* Obama, Bill Ayers, and FactCheck.Org: All Have Ties To Annenberg Foundation

by Mondo Frazier
images: dbkp file

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