Justice Thomas distributes Obama case for conference

Sonoran News ^ | November 21, 2008 | Linda Bentley

[hamboy]

Justice Thomas distributes Obama case for conference

By Linda Bentley | November 21, 2008

Foreign national certified as presidential candidate
WASHINGTON, D.C. – On Wednesday, Nov. 19, U.S. Supreme Court Justice Clarence Thomas distributed Leo C. Denofrio’s renewed application for a stay of the election for conference on Dec. 5. 

If four of the nine justices favor review, a hearing will be scheduled.

His first application was denied by Justice David Souter on Nov. 6. However, rules of the court allow for the renewed submission to a justice of choice.

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. 

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.”

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?”

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.” 

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.

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.”

Denofrio says McCain was neither born on U.S. soil, nor was he naturalized and is a citizen at birth by statute, which is also addressed in the Foreign Affairs Manual.

McCain is neither “natural born” nor naturalized, says Denofrio. Instead, he may claim citizenship from 8 USC 1402(a): “Any person born in the Canal Zone on or after Feb. 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.”

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

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.”

As far as the issues surrounding Obama’s birth certificate are concerned, Denofrio states 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.

However, Denofrio says he believes if “Obama is presented with a legal request from a government authority sanctioned to make such request, that Senator Obama will respond accordingly and put the issue behind him forever.

“That being said, petitioner regretfully submits that since 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.”

He said, “And so this proposition leads to the logical conclusion that a natural born citizen is a citizen born in the United States to parents, neither of which is an alien. Having an alien parent would tie such person at birth to the possibility of other loyalties and laws. And such a person, even if he is as loyal and devoted to this country as Senators Obama and McCain have proven to be, is not eligible to hold the office of President of the United States.”

Photo: Leo C. Denofrio, who retired his license to practice law to become a professional poker player, appears to have the most promising lawsuit challenging Obama and other candidates' eligibility to become President of the United States under constitutional requirement they be "natural born" citizens.
Courtesy photo

[Boardwalk]

Leo is cool!

[GOP_Raider]

Leo has clearly had more success w/ AJ offsuit than I could ever hope for. :)

[ckilmer]

A detroit radio station called the Kenyan embassy after the election of Obama. After a lot of trouble they get through to the ambassador of Kenya.

The ambassador of Kenya says that obama was born in Kenya and that his birth place has become a national shrine.

Listen to the recording here

The quote is around 12:35, so if you don’t have time to listen to the whole thing, you can jump ahead.

Be sure to download the recording as well. The chances of it remaining online for long are remote.

If you have the skills to post it on Utube...please do.

The Arnold would have run for president long ago and likely won if he were a "natural born" american. He's not. He's naturalized. So he can't run. And he knows it. (though there were some trial balloons sent up a couple years back about changing the law.)

Like the Arnold, Obama looks to be a naturalized citizen--but maybe he's not even that.

In any case the supreme court--at Justice Thomas instigation-- is taking up the issue Dec 5

[tumblindice]

“Obama looks to be a naturalized citizen—but maybe he’s not even that.”

My brother was born in Germany and our grandfather insisted he be naturalized “So the krauts couldn’t draft him ...”. Gramps fought in France, WWI and his son in WWII, 8th Air Force.
Mother didn’t think it necessary since he was born in a US military hospital. However, Donofrio cites authority in his brief showing gramps was pretty smart after all.
Barry’s dad was a real hound and both his parents died young. So how do we know that their spawn is even American, particularly considering the poor opinion both had of America .....
He could be a Kenyan or, or even worse .......... a British subject!
“Ah say, ah say—that’s a JOKE, eh wot?” Foghorn Smythe-Leghorn

[Marie2]

Can it be that Justice Thomas will save our Republic? He’d be a worthy man if so.

Lord, help the justices uphold our Constitution.

I’ll restate that if Obama is indeed a natural born citizen, I accept his election.

But I don’t think he is.

[pa mom]

But if this guy’s right, then BOTH Obama and McCain are ineligible. What does that mean constitutionally? A new election? Hillary?!

[Phoenix11]

>> But if this guy’s right, then BOTH Obama and McCain are ineligible. What does that mean constitutionally? A new election? Hillary?! <<

Yay! LOL. I would love Hillary v. Palin.

[pa mom]

Can you imagine that debate?! I could do without more wardrobe comments in the news, however.

[NCC-1701]

As of this postin, Leo doesn’t have an entry on Wikipedia. If he manages to pull this off and help save the Republic, it’ll be interesting reading his entry. He will be a marked man if The One is barred from the Oval Office by virtue of the Constitution.

[pa mom]

This guy is an attorney in NJ, right? That’s all I know.

My only concern is if this guy is like Berg and doing this to get HC in office. Of course, it sounds like the proverbial rock and a hard plac. . .

[Swede Girl]

Justice Thomas is a class act. It was terrible what was done to him...by the Democrats and the press...when he was nominated for the Supreme Court. This is the opposite of how Obama has been treated. Obama can do no wrong!

And this race thing is a farce. Thomas was never given the same praise by the Democrats and Mainsteam Press for his accomplishments ...and he is a true African - American who grew up with and lived the real black experience (in the South, no less), unlike Obama who really lived outside of the black culture ...until marrying Michelle.

[BAW]

This case needs to be heard. The America people need to know the president is qualified to be president. The cloud of suspicion must be cleared or proven to be true.

Then when we hear the new president swear to “support and defend the constitution . . “ we might believe him. Hmmmmmmmmm.

[sayfer bullets]

Hhhmmmmm...

“President Biden”?

That would be hilarious.

[COgamer]

“Can you imagine that debate?! I could do without more wardrobe comments in the news, however.”

The news coverage would be nothing but how well their outfits matched, if their hairstyle was current, or if it appeared that they... gasp!... had breasts. Chris Matthews in particular would have some especially tasteful things to say, I’m sure.

[DJ MacWoW]

“President Biden”?

That wouldn't happen as per the 20th Amendment. However, as of right now they aren't even President or VP elect. Not until Dec 15th.

[DallasDeb]

I think McCain is considered born a natural citizen because he was born in the canal zone of a father who was there for the Navy—I think military brats born on bases, forts, or navy yards are considered natural born citizens.

[DJ MacWoW]

McCain wasn’t born on the base but both his parents were citizens.

[pa mom]

But the lawsuit filed by Donofrio claims that both are not natural born citizens under the constitution. McCain, he claims, is a citizen by statute, which does not qualify as natural born.

[pa mom]

Love it~I’m sure he’d get and even BIGGER tingle up his leg!