Posts Tagged ‘obama eligibility’

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.

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Donofrio v. Wells Not Heard, Wrotnowski v. Bysiewicz Still Docketed

December 8, 2008

The Barack Obama citizenship case emanating from courts here in Connecticut is still docketed at SCOTUS. Cort Wrotnowswki v Susan Bysiewicz, CT Secretary of State, raised much the same issues as his own case (Donofrio v. Wells) reports Leo C. Donofrio this morning.The U.S. Supreme Court declined to accept the Donofrio suit for oral arguments. Regarding the Wrotnowski case Donofrio states:

I don’t know if it’s significant that Cort’s case was not denied at the same time as mine. His case argues the same exact theory – that Obama is not a natural born citizen because he was a British citizen at birth…..

If Cort’s application is also denied then the fat lady can sing. Until then, the same exact issue is before SCOTUS as was in my case. Cort’s application before SCOTUS incorporates all of the arguments and law in mine, but we improved on the arguments in Cort’s quite a bit as we had more time to prepare it.

I was in a rush to get mine to SCOTUS before election day, which I did do on Nov. 3.

Cort’s case has a much cleaner lower court procedural history….

Regarding his own case Donofrio says:

The main stream media should stop saying SCOTUS refused to hear the case. It was distributed for conference on Nov. 19. They had the issue before them for for sixteen days. Yes, they didn’t take it to the next level of full briefs and oral argument. But they certainly heard the case and read the issues. The media is failing to acknowledge that. The case and issues were considered. Getting the case to the full Court for such consideration was my goal. I trust the Supreme Court had good reason to deny the application. Despite many attempts to stop their full review, my case was placed on their desks and into their minds. Please remember that. It’s important for history to record that.

Sen. Byrd: Staunch Constitutionalist Re Hillary, But Obama?

December 4, 2008

There is a long history of controversy and litigation regarding the provision in the U.S. Constitution prohibiting members of Congress from subsequently attaining to federal offices offering  increased monetary compensation due to the largess of the Congress in which they sat. The most recent example is that of Hillary Clinton who has been nominated to the office of Secretary of State. In Clinton’s case the salary for the position was increased, not by Congress, but via an executive order by President Bush as a COL increase. In any event the Constitutional provision comes in to play: (CNS reports)

The question of eligibility arises from Article 1, Section 6 of the Constitution. It says that no member of Congress can be appointed to a civil office that benefited from a salary increase during the time that House or Senate member served. On Jan. 4, 2008, President Bush signed an executive order raising the salaries of cabinet secretaries from $186,600 to $191,300, a cost of living adjustment….

Meanwhile….

The Senate’s senior member and staunchest constitutional advocate on the Democratic side of the aisle, Robert Byrd of West Virginia, is exploring whether Sen. Hillary Clinton (D-N.Y.) is eligible to become secretary of state in the Obama administration. (CNS reporting again)

Now Senator Robert Byrd (D-WV) has a long history in the Senate and consequently a long history in looking at this particular issue. In speaking of a 1973 case during the Nixon administration when there was a circumvention of the  Constitution by lowering the salary in question, Byrd said:

(The Constitution) “is so clear it can’t be waived…In my judgment, the bill itself shouldn’t be passed. We should not delude the American people into thinking a way can be found around the constitutional obstacle.”

From a Washington Post story at the time via CNS

One wonders if the distinguished Senator from West Viginia will be as diligent in his constitutional fervor when it comes to the issue of Obama’s eligibility.

CT Sec of State Errs: Hawaii Officials Did Not Verify Obama Birthplace

November 29, 2008

Below is a partial screen shot of a letter sent by Connecticut Secretary of State Bysiewicz to a person requesting information under Freedom of Information laws. Requested was information on file regarding Barack Obama’s place of birth. Sec. Bysiewicz replied that her office did not maintain files containing such information and further stated, incorrectly as it turns out, that Hawaiian officials had issued assurances that Obama was born there. In fact, they said only that Hawaii Health Department had an original Certificate of Live Birth on file. Most importantly they did not specify what the document says. Under Hawaiian law at the time of Obama’s birth, a person born overseas could be registered at some later date to obtain a Hawaiian birth certificate.

https://i2.wp.com/h1.ripway.com/johnbrush/Obama-CT%20SOS-1.jpg
h/t moniquemonicat

Below is reproduced the document wherby Barack Obama announced his presidential candidacy in Rhode Island. Title 17-23-17 of Rhode Island code reads in part:

(a) Any person is guilty of a felony who:

(1) Makes a declaration of candidacy or obtains, circulates, or causes to be circulated his or her nomination papers for an office, knowing or with good reason to know that he or she is not qualified as provided in this title to be his or her party’s candidate for the office;

(2) Knowingly or without reasonable and proper investigation makes any substantial misstatement in any declaration of candidacy, nomination paper, or affidavit provided for in this title;

(3) Signs a nomination paper when he or she knows that he or she is not qualified to sign;

(link to PDF

On this form Barack Obama “declares that he is eligible under the laws and Constitution of The United States to serve in the Office of The Presidnet of The United States if elected…”

https://i0.wp.com/h1.ripway.com/johnbrush/obama1.jpg

CT SecState Susan Bysiewicz

CT SecState Susan Bysiewicz

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.

The Presidency is About Control, But Who Ever Controlled The Clintons?

November 22, 2008

biehillie

Being president is about control, and tell me who ever controlled Bill or Hillary Clinton. They can’t control each other. … I think it’s because Warren Buffett and Paul Volcker and others have convinced Obama, ‘You’re going to have to focus like a laser on the economy. That’s issue Number One. And give Hillary and Bill the world.’

(Bob Woodward in remarks (emphasis added) from advance transcript of tomorrow’s The Chris Matthews Show)

Perhaps you’re wondering why the proposed Obama administration is looking so familiar, kinda like a Clinton third term. It has certainly teed off the hard lefties among his supporters. Joe Conason over at Salon.com attempts to ‘splain away:

….Wasn’t Obama the One who would exorcise the Clintonite demons from our midst and cleanse the capital of their sins?….Obama no doubt understood that he would be courting disappointment or worse among those whose measure of him depended on his supposed distance from the Clintons. Having encouraged those assumptions as a matter of political necessity, he must have realized within days of his election that if he made selections based on merit, he would inevitably recruit many of the best and brightest of the last Democratic administration…..(now here comes the funny part! emphasis added))….

If her experience in national security and foreign policy were as shallow as advertised back then, after all, on what basis could he offer her the position of top diplomat? If her judgment were as poor as charged by him and others over the past two years, then why would he place such heavy responsibilities on her shoulders? If her honesty were as questionable as his campaign sometimes claimed, then how can he trust her now?

The answer is not necessarily that his campaign rhetoric was false or insincere, but that he developed respect for her over the difficult months of that harsh contest — and came to believe that she would be as formidable at his side as she was in his face.

Not dishonesty or flip-flopping eh Joe?

Jawa Report blog has a theory about the re-emergence of the Clintons: (A Conspiracy You Can Believe In):

What if the Clintons have something on Obama that they’re hanging over his head? Something so destructive and devastating to his Presidency that it could destroy it if made public? What if they’re using it to shoehorn their peeps into positions they want – essentially blackmailing him with whatever it could be? Doesn’t it just seem odd that Obama, who beat Clinton handily and won the campaign convincingly, would have to keep groveling and checking-in with Hillary and Bill? And why exactly are so many Clinton holdovers being seated in the new administration?

Gives one pause, eh? Especially with all of the lawsuits around the country seeking to settle the matter of Obama’s eligibility to be President. The most significant of these is the one by Leo Donofrio now before our Supreme Court and scheduled for conferencing by the justices on Dec. 5. For a fair and balanced account of the various cases please go to the America’s Right blog written by Jeff Schreiber. Be sure to read the sidebar there containing links to many articles and cases. Donofrio’s page* Natural Born Citizen on the blogtext.org site is now missing as well as all the other blogs there; appears to be a cyber attack. We have previously written about the eligibility question here and here.

*Update:Received word that Leo Donofrio’s site page has been resurrected  here.

Other sites to visit for further information are Michelle Malkin about Hill SecState , and about the eligibility controversy see Atlas Shrugs and TD Blog.

Obama Birth: Pot Still Boiling, Not On Front Burner Yet…

November 12, 2008

We have written before (here, here, and here) about the controversy surrounding the place and circumstances of Barack Obama’s birth. The struggle to determine Barack Obama’s eligibility is taking place on several fronts, mostly legal. As to his fitness in the national security sense read more here….

To be sure there are plenty of legal scholars advising that this will never gain traction in the courts and is a waste of time. However the battle is not over and the pot is still boiling. The most complete, and most level headed, discussion of these issues can be found at America’s Right blog written by Jeff Schreiber, a law student and legal writer. (be sure to read his articles and his sidebar index of links)

Recent developments can be followed at Hillary and Me blog where we find a new approach by forensic psychologist Dr. T.B. Bradley. He alleges fraud by Stanley Ann Dunham, Obama’s mother, in that she falsely claimed Hawaii as the place of birth for Obama and his sister Maya Soetero.

….Obama’s Mother engaged in a pattern of illegal and fraudulent conduct as
a result of both of her two children’s birth outside of the United States: (1) Obama, Jr. born in Kenya Africa and (2) Maya
Soetoro born in Jakarta Indonesia, but the mother, a US Citizen, raced to Hawaii after each of her children’s birth where
she engaged in fraudulent conduct upon the United States by declaring a late registration birth for both children claiming
that they were born in Hawaii.

In addition to the Phillip Berg and Andy Martin investigations there is the suit now before the U.S. Supreme Court brought by New Jersey resident Leo Donofrio. His suit hangs on the thread that New Jersey’s Secretary of State illegally certified the eligibility of Obama’s candidacy.

….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.