Obama Presidency Challenged By New Jersey Voter re:"natural born citizen" – Before US Supreme Court

In Uncategorized on November 11, 2008 at 12:30 pm

Please post the following information ASAP (taken from the above link) for your readers to consider.

A Pro Se New Jersey litigant has brought suit against sue the Secretary of State of New Jersey Nina Mitchell Wells to essentially force her to “do her job” under the law (i.e., deny illegitimate candidates access to the ballot). Attorney Leo Donofrio is now pressing his case before the U.S. Supreme Court, on direct appeal from the Supreme Court of New Jersey.

Attorney Donofrio is challenging the “natural born citizen” qualifications of McCain (claimed ineligible because born in Panama), Obama (presumed born in U.S. but claimed ineligible because one parent was an alien, thus begetting divided loyalty), and Socialist Workers Party candidate Roger Calero (claimed ineligible because born in Nicaragua, and was in fact bounced from the ballots of four other states for this reason).

This case is far stronger than any other cases still pending or that have been dismissed to date because it does not appear that the pro se litigant can be denied his day in court on the basis of a purported absence of Article III standing to bring the lawsuit. But get this–for purposes of demonstrating his standing to sue in this case, Attorney Donofrio is invoking the authority of Ridgewood Educational Association v. Ridgewood Board of Education, 284 N.J. Super. 427 (App. Div. (1995)), in which the court stated “We see no reason why this State’s historic liberal approaches to the issue of standing in general … should not apply to taxpayer suits challenging the quasi-legislative actions of local boards of education.” Silverman v. Board of Ed., Tp. of Millburn, 134 N.J. Super 253, 257-58 (Law Div.), aff’d o.b. 131 N.J. Super. 435 (App. Div. 1975).

I can’t emphasize how important this point is in presenting a challenge to president-elect Obama, who may have no choice but to present his credentials directly to U.S. Supreme Court Justice Clarence Thomas. Significantly, Attorney Donofrio has not submitted a full Petition for Writ of Certiorari, but rather initially applied for an Emergency Stay on the last Monday before the election. Though the initial application was denied with prejudice by Justice Souter late last week (tardily–after the election), Attorney Donofrio is now apparently entitled to resubmit the Application For An Emergency Stay of the national election results and Electoral College meeting to the Supreme Court Justice Clarence Thomas, which entitles him to all due haste from the Supreme Court Justice to whom the application is made.

Please do what you can to get this case the notorieity it needs to attract the necessary attention and action from the U.S. Supreme Court. An Emergency Stay is needed before the December 15th vote of the Electoral College.


  1. The election is over. He was born in the US to a mother who is a US citizen.
    This person should have to pay court costs for a frivolous lawsuit.

  2. Let’s all calm down and simply welcome the Manchurian Candidate to the highest public office in the land.

  3. This is a live case.

    As of about noon today, the Stay Clerk for the U.S. Supreme Court, Danny Bickell, finally relented, and corrected the docket for U.S. Supreme Court Case No. 08A407, Donofrio v. Wells, to reflect that the case came to the US Supreme Court directly from a final order denying emergency relief by the New Jersey Supreme Court.

    See the USSC docket entry at:

    According to Mr. Donofrio, the court rules provide that he is now entitled to resubmit his Emergency Stay Application (probably today) to the Supreme Court Justice of his choice. He has apparently decided to resubmit to Associate Justice Clarence Thomas.

    See Mr. Donofrio’s website at:

  4. You know I had a hard time accepting Bush, since I felt from the beginning that his Presidency would be disastrous (little did I know how bad it would be), yet I got over it — mostly — and accepted him as President. Perhaps a bit intellectually challenged, but President. So please just stop it and grow up.

  5. Glad for you 10:19 that you could finally accept the Bush presidency. Under some other, liberal and dovish president you may not have survived that suicide bomb that went off in the movie theater or grocery store you happened to be in one night.

    You are an ungrateful *%^$#^/. This man did everything in his power, including tolerating vicious, unhinged hatred from the left, to keep us safe. So you are proud of yourself for accepting him. What is wrong with you people? This sort of selfishness is legendary.

  6. Based on information that has surfaced to date, an particularly in the wake of the Donofrio v. Wells lawsuit and other similar suits, I am fairly comfortable with the conclusion that John McCain is not and never was a natural born citizen as that term is used in the U.S. Constitution. That is not to say that McCain is not a citizen, or even that he was not a citizen at birth. Rather, it is to say that the geographic circumstances of his birth (outside any and all U.S. states, outside any and all U.S. territories) were not such as would bestow upon him Constitutionally-valid natural born citizen status.

    While I am not extremely comfortable with the conclusion that Barack Obama is not at this point a natural born citizen as that term is used in the U.S. Constitution, I am beginning to think that this is what the U.S. Supreme Court will ultimately conclude based on a full set of facts, once those facts are discovered, pursuant to federal court orders compelling disclosure to that effect.

    The following is my theory. Barack Obama was born in Honolulu of married parents, of which his mother was a U.S. citizen, and his father was a subject of the United Kingdom by virtue of his Kenyan nationality. At this point, and at least temporarily, Barack Obama is a natural born citizen. Fast forward to when Barack Obama turns 18. He is now an adult, and remains a natural born citizen. By virtue of the fact that Kenya is no longer a colony of the UK, Barack is also a full-fledged citizen of Kenya. As a dual citizen of the U.S. and Kenya, Barack now has options which, as an adult, he is fully empowered to exercise. For example, now that he is an adult, he can formally renounce his Kenyan citizenship. Since he has not renounced U.S. citizenship he has held since birth, he is free and clear to run for president of the U.S. once he attains the age of 35.

    But let’s say he does nothing for the time being. He is an 18 year old adult holding dual citizenship in the U.S. and Kenya, just living his life. He enrolls in Occidental College as an out-of-state freshman, ostensibly of U.S. nationality and citizenship. Tiring of Occidental, he learns of opportunities available at Ivy League colleges and universities for foreign nationals to matriculate at a steep tuition discount, lower entrance requirements, or both. Possessing Kenyan citizenship, Obama thinks, hey, why not apply and see what happens. He fills out a Columbia application, indicates Kenyan citizenship, signs the application, and sends it to Columbia. Much to his surprise, he is accepted, and he matriculates at the age of 20 as part of Columbia’s program for accommodating students of foreign nationality. By the time Barack Obama reaches age 21, he has failed to formally renounce U.S. citizenship. By operation of Kenyan law, he loses his Kenyan citizenship. Retaining his U.S. citizenship, Barack Obama finishes his degree at Columbia, and begins living the rest of his life.

    IMHO, the Supreme Court will consider Barack Obama’s personal behavior between the ages of 18 and 21 to be directly relevant to the question as to whether he presently possesses Constitutionally-valid natural born citizen status. More particularly, they will be evaluating his actions during that time for any evidence of deliberate actions which are inconsistent with a desire on his part to preserve his Constitutionally-valid natural born citizen status. They will be presented with the documentation comprising his Columbia application and find where he declared himself to be a Kenyan citizen for the purpose of gaining admission and/or obtaining a break on tuition. Based on this, they will conclude that Barack Obama forfeited his previously-held Constitutionally-valid natural born citizen status. This despite the fact that Barack Obama never gave up his U.S. citizenship proper.

    Now that I’ve run this up the flagpole, I’d be interested to know if anyone thinks it deserves a salute.

    Publius, Ridgewood, NJ

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