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
WILL SCOTUS VET OBAMA?
McCain, Colero Also ChallengedThree 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.
ALSO at DBKP:
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
From a highly-informative Linda Bentley article, Justice Thomas distributes Obama case for conference:
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.â€
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.â€
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.â€
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?â€
Calero isn’t even a citizen of the USA–yet he appeared on the NJ ballot as a candidate for President?
What’s up with that?
Continue reading: Obama Birth Certificate, Citizenship: SCOTUS Conference Scheduled for Dec 5
by Mondo Frazier
Source: Obama Birth Certificate, Citizenship: SCOTUS Conference Scheduled for Dec 5
Mondoreb blogs at Death By 1000 Papercuts. Interested readers can e-mail him at
mondoreb@gmail.com. All DBKP stories are filed under Mondoreb at BNN.
13 users commented in " Denofrio v. Wells: Obama Citizenship Scheduled for SCOTUS Conference by Thomas "
Follow-up comment rss or Leave a TrackbackAXJ is investigating this matter. http://www.axjus.com
Great posting, but I do believe that Leo does, in fact, spell his name “Donofrio,” at least that what his new web site shows:
http://thenaturalborncitizen.blogspot.com/
I’m also following these and other stories:
http://www.therightsideoflife.com
Thanks,
-Phil
Whether the birth certificate turns up and says he’s born in Hawaii or elsewhere is irrelevent to his eligibility.
Donofrio’s is the only case that addresses that he would be ineligible even it said Hawaii as place of birth.
Obama was a British Citizen at birth as well as a US Citizen. Even factcheck.org confirms this, and Obama himself. If he was a Dual Ditizen at birth (at birth is the important bit) he cannot be a Natural Born Citizen.
According to the grandfather clause in Article 2 Section 1 of the Constitution, the President must either be a Natural Born Citizen of the USA, or a Citizen of the USA at the time the Constitution was written.
“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; ”
This clause was added so that the forefathers could become President themselves, because they realised they were not Natural Born Citizens because they were British Citizens too (or had been at birth even if they since renounced it) as was EVERYBODY in North America at the time.
Natural Born Citizen as a term is defined nowhere in the Constitution other than through a logical interpretation of the grandfather clause. If this is not the logical interpretation, why is the grandfather clause ie Citizens alive when the Constituion was written etc, even in Constitution at all!
Watch Donofrio’s case – his is the important one that covers ALL the issues – he has included all issues raised by other plaintiffs.
His blog:
http://thenaturalborncitizen.blogspot.com/
A good summary of the specific legal issue, ignoring the birth certificate itself, can be found here:
http://www.therightsideoflife.com/?p=914
The Supreme Court CANNOT DUCK Obama’s Birth Certificate Constitutional Crisis (albeit the media blackout on the issue). The messiah will NOT become President! This 90-minute blogradio program explains why:
politicalpistachio.blogspot.com/2008/11/why-is-obamas-birth-certificate-still.html
Sad to say, the COLB that Obama posted could well be a genuine (not forged) document… however it still would not prove “Natural Born Citizenship”. He could have been born in Kenya and still obtain this document legitimately!
Obama has put forth only a “Certification of live birth”, which is NOT A Birth Certificate!
After months and months of unrequited requests, the Obama campaign did finally present a document which they claimed validated his eligibility (per the Constitution of the Unted States, Article II, Section I) as a “Natural born citizen” to have his name on the ballot in contention for the office of the President of the United States of America.
However, what the Obama campaign supplied was not, in fact, a “birth certificate”. What they supplied was actually a “Certificate of Live Birth.” There is a major difference between a “birth certificate” and a “Certificate of Live Birth.”
Aside from the level of detail differentiating the documents (hospital of record, doctor, height, weight, etc) – in the state of Hawaii, one authenticates natural born citizenship, and the other doesn’t. This part is important; – it has nothing to do with tin foil hats.
Per the State of Hawaii’s Department of Health, “Amended certificates of birth may be prepared and filed with the Department of Health, as provided by law, for 1) a person born in Hawaii who already has a birth certificate filed with the Department of Health or 2) a person born in a foreign country.” (For citation purposes, please feel free to visit their site: http://hawaii.gov/health/vital-records/vital-records/index.html ).
The “Certificate of Live Birth” provided by Obama, is in fact, a derivative of the “Amended certificates of birth” they site. Why is that important? Because of that second clause in the above citation. While you may show citizenship via such a document, you do not necessarily prove “natural born” citizenship. “Natural born citizenship” is what is required to be eligible to be considered for the Presidency, per the United States Constitution.
The form Obama posted wouldn’t even be acceptable to make an application in Hawaii’s Home Lands Program!
From: http://hawaii.gov/dhhl/applicants/appforms/applyhhl
In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL.
There is a further complication, however. His subsequent adoption by Lolo Soetoro and resultant INDONESIAN citizenship is a bigger fly in his ointment. (I laugh whenever reference is made to “citizen of the WORLD’… Obama truly is a WORLD CITIZEN!)
Indonesia, at the time Obama lived there and was deemed an Indonesian citizen, did not recognize dual citizenship, and neither did the US recognize dual citizenship with Indonesia. Thus, whether he held dual citizenship with the US and Kenya, whether he was born in the US or Kenya, or even – as some suggest – CANADA, is irrelevant as the ONLY legitimate citizenship he held once his adopted father moved him to Indonesia was Indonesian! His US Citizenship would be forfeit!
http://texasdarlin.wordpress.com/2008/09/05/breaking-photo-documents-barry-soetoro-indonesian/
Whether and when Barry Soetoro/Barack Obama might have regained US Citizenship thereafter, it would be thru NATURALIZATION and that is SPECIFICALLY and EXPRESSLY ineligible to serve as President of the United States under Title II. (Could this be why he uses the politically risky name Barack Hussein Obama instead of the more innocuous “Barry Soetoro”? Perhaps Barry Soetoro is STILL an Indonesian citizen? Perhaps there are naturalization papers in the name of Barry Soetoro? I’m just asking…)
Doug Edelman
http://starboard.blogtownhall.com
I’m not completely following how this works, but I hope obama gets stopped.
What will the other sides response be?
Will they say that nobody was a natural born citizen because there was not a country before the constitution? I think it is logical to think they will. How do we combat that argument?
Sincerely,
expert on stopping foreign interlopers from being sworn in
Your side lost, Cletus…get over it.
It looks like the latest pro-Obama media tactic is posting articles calling questions regarding Obama citizenship lunatic fringe, etc. I have tried to post but only pro-Obama comments seem to be allowed.
*”[[UNITED STATES v. Wong Kim Ark]],” 169 U.S. 649 (1898): “the children of aliens, whose parents have not only not renounced their allegiance to their native country, but are forbidden by its system of government, as well as by its positive laws, from doing so, and are not permitted to acquire another citizenship by the laws of the country into which they come, must necessarily remain themselves subject to the same sovereignty as their parents, and cannot, in the nature of things, be, any more than their parents, completely subject to the jurisdiction of such other country.”
With all the disinformation going on you would at least that this site would get the attorney’s name right.
It is DONOFRIO.
I would like to see the court investigate Senator Obama’s birthplace.
If this issue is not settled in court and the birth certificates are not looked at closely, this could open up doors for the next person….What do you say when Arnold Schwarzenegger wants to run for president? Are you going to let him change our constitution? Obama is looking for change, I believe he had this in mind first and test the Judges to see where he stands……..Obama should have enough honesty to solve this unless he has a lot to loose…It seems that way, by the way he is acting about all this…..
Leo have you given up on this guy? What is the truth, their are so many that are very worried. What will happen if all the things that are being talked about are true? where will we be & our country? we are concerned about his campaign donations from real strange sources,the chicago under world items,& the GAG ORDER ON HIS GRANDMA IN KENYON AND THE REST OF THE FAMILY MEMBERS OVER THEIR. I KNOW YOU ARE A VERY HONORABLE MAN I RESPECT YOU AND THANK YOU FOR STANDING UP AND KEEPING ON. I FEEL BAD THAT THE COURTS REFUSED TO TAKE ACTION. IS EVERY ONE ON THE TAKE., OR ARE THEY JUST TO SHAKEY TO STAND UP FOR WHAT COULD BE THE DESTRUCTION OF OUR COUNTRY AS WE KNOW IT. I WILL KEEP ON PRAYING, GOD IS IN CONTROL.
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