Posts Tagged ‘natural born citizen’

WROTNOWSKI v. BYSIEWICZ Moves Forward, Supplemental Brief Tomorrow

December 8, 2008

Attorney Leo C. Donofrio reports in an update this evening that the SCOTUS docket item WROTNOWSKI v. BYSIEWICZ is scheduled for conferencing among the justices on Friday Dec 12. This was submitted by Justice Scalia. Recent discoveries about President Chester A. Arthur and one of his Supreme Court appointees may have a bearing on the present case according to Donofrio. Therefore:

Tomorrow, Dec. 9 – Cort Wrotnowski will submit a supplemental brief concerning the newly discovered ineligibility of twenty-first President Chester Arthur due to his having been born as a British subject. This is relevant to the case at hand in that Justice Gray – who wrote the seminal opinion in United States v. Wong Kim Arc – was appointed by Chester Arthur.

We reported on the Arthur business yesterday (The Liar Who Became President). Donofrio’s complete update is here. He concludes his report:

Leo Donofrio will accompany Cort Wrotnowski to Washington D.C. tomorrow and both will be available for comment at 11:00 AM on the steps of the Supreme Court. This is not a rally, protest or vigil. If the media would like to discuss this historical brief and the issues discussed above, Donofrio and Wrotnowski will be available to answer any questions thereto.

Blackmail and Barack Obama: He Would Be at Risk….

December 3, 2008

Although not yet a sure thing, should Mr Obama be sworn in on Jan 20, 2009 without having been required to prove he is a “natural citizen”, or even  that he was born in Hawaii, we are left with a President vulnerable to blackmail. One can imagine an unfriendly nation or entity in possession of the facts about Obama’s birth using that  heretofore unrevealed  information as  a threat to  force  compliance with the  enemies wishes. Attorney Edwin Vieira is quoted The Philadelphia Bulletin as follows:

The current (birth certificate) question is concerning the man who potentially could have his finger next to the nuclear button.

“[The birth certificate], in theory, should be there,” said Mr. Vieira. “What if it isn’t? Who knows, aside from Mr. Obama? Does Russian intelligence know it isn’t there? Does Chinese intelligence know it isn’t there? Does the CIA know that it isn’t there? Who is in a position to blackmail this fellow?”

This is precisely the danger that the founders considered when they demanded a higher standard of citizenship for a President than for any other federal office.. The question of “divided loyalties”, and the danger of a “dual citizen” becoming President was to be strictly avoided.

Who else may know, other than Obama himself, what the sealed Hawaiian birth certificate says? We can be fairly sure that person(s) in the Hawaii Department of Health have seen the document, or perhaps Gov Linda Lingle herself. Could this be the reason Gov Lingle was a “no show” at the national governors meeting with Mr. Obama?

Leo Donofrio Responds to Benjamin’s Obama Eligibility Thesis….

December 1, 2008

“The common law is gone. The federal courts never applied the common law and even in the state courts it’s codified now.” (Associate Justice Antonin Scalia, Nov 22, 2008)

LEO DONOFRIO COMMENTS ON JUDAH BENJAMIN ARTICLE CONCERNING NATURAL BORN CITIZEN AND THE COMMON LAW

Leo Donofrio has responded with his comments and corrections to the Judah Benjamin thesis on Barack Obama’s eligiblity which was published at TD Blog two days ago. Doonofrio writes:

While I enjoyed reading this article, and I agree with the conclusion – that Obama is not eligible – I disagree with the basis upon which that conclusion was made.

Specifically, I disagree that the common law is controlling on the issue of “natural born citizen”. It is “national law” which is controlling. I don’t know if Mr. Benjamin is a lawyer, but his reading, explanation and understanding of the natural born citizen issue is not exactly on point.

I do agree with Benjamin’s conclusion, that Obama is not a natural born citizen, but for the wrong reasons…..

Donofrio’s conclusion:

….All in all, Mr. Benjamin has made a valiant attempt to provide a clear analysis of the natural born citizen topic. Please do not assume I am bashing him. I respect his passion and research, but it’s not entirely accurate. And considering what Scalia just said to the Federalist Society about the common law being gone (only three days after my case was scheduled for conference), it’s important to keep things in their proper historical perspective.

We reported here earlier (11/28):

This issue of how ineligible candidates were allowed on the ballot will be coming to a head on Dec 5 when the U.S. Supreme Court (SCOTUS) has scheduled a conference on the merits of Leo Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey – no. 08A047

Regarding local Connecticut case (Wrotnowski v CT Sec of State) which has also garnered national attention Donofrio notes:

Today we are watching for the SCOTUS AUTOMATED Docket to be updated with two important developments, one in Cort’s case and one in mine.

We hope the docket will reflect that Cort Wrotnowski has renewed his application to the Honorable Associate Justice Antonin Scalia as of this morning. Cort’s application for an emergency stay and/or injunction was denied by the Honorable Associate Justice Ruth Bader Ginsburg on November 26, 2008. Cort sent it by Express mail on Saturday Nov. 29, 2008.

Also see Federalist Blog

h/t The Right Side of Life

Unite States Supreme Court Building

Unite States Supreme Court Building


U.S. Supreme Court: No Clear Path Re Obama Eligibility….

November 28, 2008

Perhaps one can sense now why Barack Obama chose constitutional law as his personal field of specialization. It is becoming increasingly clear that Mr. Obama has known all along that he is constitutionally ineligible for President of The United States but has nevertheless mounted  an extremely successful campaign which threatens an end run around the Constitution and has brought him nearly to the U.S. Presidency. I will be writing here only about the issue of  Barack Obama’s dual  citizenship, acknowledged as fact on his website, because of his Kenyan Father’s status as a British subject. There are other important issues that need airing concerning the validity of the birth certificate posted on his web site and the possible forgery involving Mr. Obama’s Selective Service Registration.

Let me be clear from  the outset that the constitutional issues clouding Barack Obama’s eligibility also pertain to John McCain (born in Panama), Governor Bill Richardson (a dual Mexico U.S. citizen), former Governor George Romney (Mitt Romney’s father, born in Mexico) and one Roger Calero, who was on the ballot this year as a candidate of the Socialist Workers Party. Calero is clearly not a U.S. citizen as he is a Nicaraguan here on a Green Card.

This issue of how ineligible candidates were allowed on the ballot will be coming to a head on Dec 5 when the U.S. Supreme Court (SCOTUS) has scheduled a conference on the merits of Leo Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey – no. 08A047

Attorney Donofrio’s case seems to be the most promising among the dozen or so that have been filed in various states as well as at SCOTUS. (A Connecticut case has found its way to SCOTUS: No. 08A469 Title: Cort Wrotnowski, Applicant v. Susan Bysiewicz, Connecticut Secretary of State)

A most interesting discussion of the legal ramifications surrounding the “natural born citizen” issue appeared today at TD Blog. (Also see The Federalist Blog)  Contributor Judah Benjamin at TD Blog states at the outset that:

The next time you are feeling particularly sure “the fix is in” and that my abiding notion that the main problem with this Election isn’t a gigantic conspiracy but a mass of small conspiracies and cabals and a vast mass of negligence, incompetence, ignorance and just plain a-holeism consider the candidacy of Roger Calero. You might also want to think about Governor Bill Richardson’s candidacy, Richardson is a Mexican-American bipatride and a natural-born Mexican citizen, or national, under the Mexican Constitution. It isn’t just BHO II, not even close.

Judah Benjamin is not at all confidant that SCOTUS will hear Donofrio’s case :

….granting that Roberts, Alito, Scalia, Thomas and Kennedy are all either Federalists, or inclined towards the Federalist position, it is my belief that Donofrio’s case will probably not be heard because the whole issue is, as one of my legal friends in England called it “a poisoned chalice”. The Justices can follow the Law and risk calumny and civil disorder, or ignore the plain Common Law reading of the Constitution and risk usurpation and civil disorder.

That’s it folks; “calumny and civil disorder” or “usurpation and civil disorder”! Whatever it is it won’t be pretty but The Constitution must be defended and amended if warranted.

Departing From the Constitutional Road….

November 17, 2008

“No country upon earth ever had it more in its power to attain these blessings than United America. Wondrously strange, then, and much to be regretted indeed would it be, were we to neglect the means and to depart from the road which Providence has pointed us to so plainly; I cannot believe it will ever come to pass.”
—George Washington, letter to Benjamin Lincoln, June 29, 1788

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
–Preamble to The United States Constitution

The Constitution of the United States has endured for over two centuries. It remains the object of reverence for nearly all Americans and an object of admiration by peoples around the world. William Gladstone was right in 1878 when he described the U.S. Constitution as “the most wonderful work ever struck off at a given time by the brain and purpose of man”.

–Edwin Meese III; The Heritage Guide to the Constitution, p1

We assume that in fact no one would dare to run for and claim the Presidency if he/she didn’t meet the qualifications of the Constitution.

–From TD Blog, “Four Questions for the Trogan Candidate”

While International socialists gloat (“American has been cut down to size”)* and smug former terrorists (that would be Ayers and Dohrn) blandly proclaim they meant no harm, one can only hope that come January 20th Chief Justice Roberts will have assured himself that Barack H. Obama is indeed eligible to attain to the office of President of The United States. The nation teeters on the brink of a constitutional crisis so huge that it actually could be ignored or dismissed by the very people (that would be the supremes)** who are sworn to uphold it.

*…. America has been cut down to size and the beneficiaries are those who were always jealous of her wealth and power. The result will not only be less U.S economic power but the diminution of American military power. One will inevitably follow the other, especially if more U.S. manufacturing industries go bankrupt.

**In the United States, federal judges are required to take not just one, but two oaths. The first oath is this:

I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the Constitution and laws of the United States. So help me God.

The second oath that federal judges must take is this::

I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

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