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Constitutional crisis looming over Obama's birth location
World Net Daily ^ | 11/14/08 | Bob Unruh

Posted on 11/14/2008 7:05:09 PM PST by solfour

The California secretary of state should refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until President-elect Barack Obama verifies his eligibility to hold the office, alleges a California court petition filed on behalf of former presidential candidate Alan Keyes and others.

The legal action today is just the latest is a series of challenges, some of which have gone as high as the U.S. Supreme Court, over the issue of Obama's status as a "natural-born citizen," a requirement set by the U.S. Constitution.

WND senior reporter Jerome Corsi even traveled to Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.

The biggest question is why Obama, if a Hawaii birth certificate exists, simply hasn't ordered it made available to settle the rumors.

(Excerpt) Read more at worldnetdaily.com ...


TOPICS: Breaking News; News/Current Events; Politics/Elections; US: Hawaii; War on Terror
KEYWORDS: alankeyes; alinsky; antichrist; ayers; bc; birth; birthcertificate; border; certifigate; choomgang; citizenship; colb; communism; crime; crisis; democrats; dohrn; dunham; electiom; election; electoralcollege; foreigner; fraud; giveitup; illegalalien; immigration; kenya; keyes; law; letitgoalready; makeitstop; naturalborn; news; notthisshiitagain; obama; obamabinlyin; obamagate; obamatransitionfile; obamatruthfile; odinga; pipedream; president; socialism; unitedstates; war; worldnetdaily; worldnutdaily
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To: arrogantsob

I don’t know what it is about you... but I’m starting to warm up to your unbridled optimism, AND MAYBE YOU TOO! ;O)


2,441 posted on 11/20/2008 9:18:06 PM PST by freepersup (!)
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To: arrogantsob

Here’s the latest scoop off of Donofrio’s website. Take your best shot! I know you got something left in ya’! ;o)

US Supreme Court case > US SUPREME COURT TAKES EXTRAORDINARY ACTION IN NJ CITIZEN SUIT CHALLENGING ‘08 PRESIDENTIAL ELECTION
Posted: Nov.20.2008 @ 9:20 pm | Lasted edited: Nov.20.2008 @ 9:31 pm
US SUPREME COURT TAKES EXTRAORDINARY EXPEDITED ACTION IN FAST TRACKING NJ CITIZEN SUIT CHALLENGING ‘08 PRESIDENTIAL ELECTION. I am awaiting clarification from the Clerk’s office at the United States Supreme Court as to whether my stay application has now been accepted in lieu of a more formal full petition for certiorari (and/or mandamus or prohibition). Such a transformation is a rare and significant emergency procedure. It was used in Bush v. Gore, a case I have relied on in my brief.

We do know the case has certainly been “DISTRIBUTED for Conference”, a process usually reserved for full petitions of certiorari. Stays are usually dealt with in a different manner. As to a stay application, a single Justice may; a) deny the stay; b) grant the stay; c) refer the stay to the full Court.

My stay application was originally denied by Justice Souter. So, under Rule 22.4, I renewed it to Justice Thomas who did not deny it. The sparse reporting on this issue I have seen today has failed to stress how unique such a situation is to Supreme Court practice. The vast majority of stay applications are denied. And once denied, a renewed application is truly a desperate measure the success of which heralds one of the rarest birds in Supreme Court history.

The relief I requested, a stay of the national election and a finding that candidates Obama, McCain and Calero be held ineligible to hold the office of President, has also not been granted at this time. So that leaves option “c)”: Justice Thomas has referred the case to the full court. That much is clear from looking at the docket.

What isn’t clear is whether the full court has already examined the referral and taken the extraordinary action of accepting the stay application as if it were a full petition for writ of certiorari which was done in Bush v. Gore, 531 U.S. 98 at 98 (2000):

“The court ordered all manual recounts to begin at once. Governor Bush and Richard Cheney, Republican Candidates for the Presidency and Vice Presidency, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari.” (Emphasis added.)

It’s not clear that SCOTUS precedent would allow a stay application to be “DISTRIBUTED for Conference” without it first having been transformed by the court into a full petition. I don’t know if such a transformation could be sanctioned by Justice Thomas by himself. Again, I’m waiting for an official disposition notice from the Clerk’s office. Regardless, either the full court has set this for Conference, or Justice Thomas has done it on his own. Either way, it signifies an affirmative action inside the US Supreme Court testifying to the serious issues raised by this law suit.
Rather than explain the intense pre-requisites pertaining to a stay surviving denial, I’ve uploaded the following page from SUPREME COURT PRACTICE, 8th Edition, the ultimate SCOTUS resource:


2,442 posted on 11/20/2008 9:21:25 PM PST by freepersup (!)
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To: freepersup

Sorry about that, I inadvertantly left off the graph which can be found at the source thread here at FR. I’ll put a link in momentarily to the thread and individual post.


2,443 posted on 11/20/2008 9:24:00 PM PST by freepersup (!)
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To: freepersup

Here’s the link to the missing graphics display. See post # 65.

http://www.freerepublic.com/focus/f-news/2135761/posts?q=1&;page=51


2,444 posted on 11/20/2008 9:29:09 PM PST by freepersup (!)
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To: DMZFrank

You know what - what the HELL is wrong with you? You want such a skinny, no history, bad background, no experience, empty suit to run your country? Amazing!! Just get over it???? I hope most folks do not!! This is the most evil and pathetic and really phenomenally twisted election I have ever witnessed. i have followed your politics more closely than my own for over 25 years and this is “THE READ TO DESTRUCTION” You will see. CO


2,445 posted on 11/20/2008 9:30:21 PM PST by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: seekthetruth
Donafrio said if Obama does end up showing an original birth certificate showing he was born in HI, that Keyes case could end right there.

That would satisfy me as to his Constitutional qualifications to hold the office.

Pity he's so mal-qualified in so many other ways...

2,446 posted on 11/20/2008 9:31:29 PM PST by null and void (0bama is Gorbachev treating a dying system with the same poison that's killing it in the first place)
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To: Canadian Outrage

Thanks


2,447 posted on 11/20/2008 9:32:15 PM PST by null and void (0bama is Gorbachev treating a dying system with the same poison that's killing it in the first place)
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To: Canadian Outrage; DMZFrank

Ummmmmmmmm was that intended for DMZFrank?


2,448 posted on 11/20/2008 9:34:15 PM PST by null and void (0bama is Gorbachev treating a dying system with the same poison that's killing it in the first place)
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To: Canadian Outrage

Make that ROAD TO DESTRUCTION”. CO


2,449 posted on 11/20/2008 9:39:44 PM PST by Canadian Outrage (Conservatism is to a country what an antibiotic is to an infection - Healing!!!!)
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To: arrogantsob
Let's hope that doesn't happen!

There isn't much to laugh at in this abysmal mess...

2,450 posted on 11/20/2008 9:44:14 PM PST by luvadavi (Important old novel: The Moon Is Down, John Steinbeck, 1942)
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To: freepersup

I don’t know if it is optimism but I am not entirely pessimistic about the possibility that Obama may not be eligible. He just seems to be hiding too much for there to be nothing there.

To claim that McCain is not eligible is offensive to my sense of history and justice something our Founders considered sacred and inviolate.

I am too charming for my own good. 8^)


2,451 posted on 11/20/2008 9:54:10 PM PST by arrogantsob (Hero vs Zero)
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To: freepersup

My take is that any definitive conclusions on the case are still in abeyance. It is unfortunate that two irrelevancies are included in the application which would have a better chance without this scattershot approach.

What were the dates of the Courts rulings in 2000? IOW how fast did it act?


2,452 posted on 11/20/2008 10:01:17 PM PST by arrogantsob (Hero vs Zero)
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To: luvadavi

No there is not.

Is that Steinbeck book set in Norway?


2,453 posted on 11/20/2008 10:04:34 PM PST by arrogantsob (Hero vs Zero)
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2454


2,454 posted on 11/20/2008 11:07:15 PM PST by XHogPilot
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To: arrogantsob

I think so. In the style that it’s written, it isn’t clear which country but it sure could be Norway. The people are waking up slowly to realize they can sabotage the occupiers. (occupiers are clearly the Nazis, though they aren’t stated so in the story.)


2,455 posted on 11/20/2008 11:08:52 PM PST by luvadavi (Important old novel: The Moon Is Down, John Steinbeck, 1942)
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To: arrogantsob
Obama: he doesn't begin to pass the smell test starting with the obfuscation of anything AND everything that would prove his eligibility. On this situation, we find ourselves on common ground.

McCain: yet to be ascertained is whether a birth in a Panama, Colon, Hospital, to two US citizens confers natural born citizenship. On this situation we disagree.

Of note: I am more likely to become a space shuttle pilot than to be feted by the local Bar Association for Pro Se Figure of the Year, Month, Week, Day. ;o)

2,456 posted on 11/21/2008 3:50:46 AM PST by freepersup (!)
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To: arrogantsob
Donofrio admits to rushing his case once the NJ Courts finished with him, due to the proximity to the election. He also admits to hoping, wanting and needing to add to his filing, should he be permitted to do so. What do you know about the review process regarding additional submissions?

What were the dates of the Courts rulings in 2000? IOW how fast did it act?

I don't recall... (*thinking* several weeks) I will roll up my sleeves and edify myself. I suspect you know. ;o)

What with the Electors' duties fast approaching, might the Court put the process on the 'fast track' (should a review be granted out of conference) and seeing to it's national importance?

OK Barrister, I have the dates from the Bush-Gore 2000, USSC rulings (3). Dec. 1st, Dec. 4th and Dec. 12th. Looks like the decision came down before the 2000 Electors cast their votes. I'd say that time is of the essence once again for this Court in this situation.

2,457 posted on 11/21/2008 4:20:50 AM PST by freepersup (!)
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To: freepersup

Not able to access Donofrio’s web site this evening and wonder if anything new is posted. Wonder if he heard from the Clerk and info as to a possible fast track.

Also, please put me on your ping list. Thanks!


2,458 posted on 11/21/2008 6:46:48 PM PST by seekthetruth
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To: luvadavi

I, too, was a great lover of Steinbeck and towards the end of high school read all of him I could get a hand on. So I read this one then along with at least half dozen more: Of Mice and Men, Cannery Row, Travels with Charlie, The Grapes of Wrath, etc. Still love to read.


2,459 posted on 11/21/2008 7:29:55 PM PST by arrogantsob (Hero vs Zero)
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To: freepersup

I have no doubt that McCain is given the historic and clear legal meaning of Natural Born citizen and the inherent injustice of such a person not being. It is alligiance with determines the issue not geographical location and nothing has more alligiance than a military officer. It matters not where such a person is born if the parent is on official duty.


2,460 posted on 11/21/2008 7:33:51 PM PST by arrogantsob (Hero vs Zero)
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