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CITIZEN SUIT CHALLENGING ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL CANDIDATES

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Author Topic: CITIZEN SUIT CHALLENGING ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL CANDIDATES  (Read 473 times)
Volitzer
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« on: November 23, 2008, 02:45:39 pm »

THE UNITED STATES SUPREME COURT HAS SCHEDULED - FOR FULL CONFERENCE - LEO DONOFRIO'S NJ CITIZEN SUIT CHALLENGING THE ELIGIBILITY OF MULTIPLE 2008 PRESIDENTIAL ELECTION CANDIDATES, INCLUDING BARACK OBAMA.

http://origin.www.supremecourtus.gov/docket/08a407.htm


http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=81585
Obama citizenship suit dangerously close to being a Supreme Court case! Clarence Thomas approves for "Conference"!
Quote

[UPDATE]:Leo C. Donofrio will be doing two radio interviews tonight. Those will be the last contact he has with the press until after the case is finally resolved by the US Supreme Court. Thanks to all for the support.

********************************************************

Today, the United States Supreme Court scheduled the case - Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey - US Supreme Court Docket No. 08A407 - for a conference of the nine Justices.


If four of the nine Justices vote to hear the case in full review, oral argument may be ordered. The conference is scheduled for December 5, 2008, ten days before the meeting of the Electoral College.


The case originally sought, pre-election, to have the names of Barack Obama, John McCain, and Roger Calero removed from New Jersey ballots, and for a stay of the "national election" pending Supreme Court review of whether those candidates were eligible under the Constitution as natural born Citizens, as is required by Article 2, Section 1, Clause 5 of the Constitution of the United States.

Leo Donofrio brought his case from a lower New Jersey court to the NJ Supreme Court - was denied - and then he filed an emergency stay application in the United States Supreme Court on Nov. 3, 2008, before the Honorable Associate Justice David Souter. Justice Souter denied the emergency stay application on Nov. 6.


Leo Donofrio renewed the application, as per Supreme Court Rule 22.4, to the Honorable Associate Justice Clarence Thomas by way of Express mail on Nov. 14. The application arrived at the Supreme Court on Nov. 17 and was submitted directly to Justice Thomas.

On Nov. 19, the case was docketed for full conference of all nine Justices and scheduled for December 5, 2008. It is not known at this time the exact details of how the case came to be "DISTRIBUTED for Conference".


Background on "The Justices Conference" is discussed as follows by the Supreme Court Historical Society:

"No outsider enters the room during conference. The junior Associate Justice acts as "doorkeeper," sending for reference material, for instance, and receiving it at the door...

Five minutes before conference time, 9:30 or 10 a.m., the Justices are summoned. They exchange ritual handshakes and settle down at the long table. The Chief sits at the east end; the other Justices sit at places they have chosen in order of their seniority...


The Chief Justice opens the discussion, summarizing each case. The senior Associate Justice speaks next, and comment passes down the line. To be accepted for review, a case needs only four votes, fewer than the majority required for a decision on the case itself. Counsel for the litigants are directed to submit their printed briefs so that each Justice has a set several weeks before argument.

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Volitzer
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« Reply #1 on: November 23, 2008, 02:52:49 pm »

PETITION FOR PUBLIC RELEASE OF
BARACK HUSSEIN OBAMA'S BIRTH CERTIFICATE
To: Electoral College, Congress of the United States, Federal Elections Commission, U.S. Supreme Court, President of the United States, other controlling legal authorities
Whereas, by requirement of the United States Constitution, Article 2, Section 1, no one can be sworn into office as president of the United States without being a natural born citizen;

Whereas, there is sufficient controversy within the citizenry of the United States as to whether presidential election winner Barack Obama was actually born in Hawaii as he claims;

Whereas, Barack Obama has refused repeated calls to release publicly his entire Hawaiian birth certificate, which would include the actual hospital that performed the delivery;

Whereas, lawsuits filed in several states seeking only proof of the basic minimal standard of eligibility have been rebuffed;

Whereas, Hawaii at the time of Obama's birth allowed births that took place in foreign countries to be registered in Hawaii;

Whereas, concerns that our government is not taking this constitutional question seriously will result in diminished confidence in our system of free and fair elections;

SIGN THE PETITION

http://www.wnd.com/index.php?fa=PAGE.view&pageId=81550
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Bianca
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« Reply #2 on: November 23, 2008, 04:31:30 pm »





Vol,


"Honorable Associate Justice Clarence Thomas"


AFRICAN AMERICAN..........
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Your mind understands what you have been taught; your heart what is true.
Booker Gant
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« Reply #3 on: November 23, 2008, 05:19:10 pm »

Yeah, we all know that we African-Americans stick together.  Clarence Thomas hasn't supported a single Civil Rights issue in his history.  What is with you people?

And, unless this pops up someplace besides right wing websites (which is all that I have been able to find it on), I wouldn't believe any of it.
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Elmer Jessup
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« Reply #4 on: November 24, 2008, 01:54:09 am »

This is an excellent opportunity for us to maintain control of the White House, Volitzer!  Please email this information to whitehouse.gov and make George Bush aware of it.  With any luck, George and Dick will declare martial law and then take control of the presidency forever! 
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"I have not come to call the righteous, but sinners to repentance." - LUKE 5:32
"Watch and pray that you may not enter into temptation; the spirit indeed is willing, but the flesh is weak."- MATTHEW 26:41
Volitzer
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« Reply #5 on: November 25, 2008, 12:27:22 pm »

http://www.obamacrimes.com/

U. S. SUPREME COURT AWAITS RESPONSE TO
BERG'S WRIT OF CERTIORARI
FROM OBAMA, DNC and Co-DEFENDANTS
(Contact information and PDF at end)

(Lafayette Hill, Pennsylvania – 11/07/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States filed a Writ of Certiorari in the United States Supreme Court on October 30, 2008, requesting review of the United States District Court, Eastern District of Pennsylvania, Judge Surrick’s Dismissal of Philip J. Berg’s lawsuit against Barack H. Obama, Jr., the DNC and the other co-Defendants. Accordingly, the U. S. Supreme Court has set dates in which Barack Obama, the DNC and all co-Defendants are to respond to the Writ, which is on or before December 1, 2008.

Mr. Berg remarked today, “I look forward to receiving Defendant Obama's response to the Writ and am hopeful the U. S. Supreme Court will review Berg v. Obama. I believe Mr. Obama is not a constitutionally-qualified natural-born citizen and is ineligible to assume the office of President of the United States.”

Mr. Berg’s case, Berg vs. Obama was dismissed from the United States District Court for the Eastern District of Pennsylvania, Docket # 08-cv-4083 for lack of standing. Mr. Berg filed a Writ of Certiorari for review of the case and an injunction to stay the election pending review. Justice Souter denied the injunction. It is expected that the Court will decide whether or not to review Berg v. Obama after the Defendants file their response, and Mr. Berg has replied to the Defendant’s response.

The Defendants' response is due by December 1st and Mr. Berg's reply will be submitted thereafter.

# # #

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659
philjberg@obamacrimes.com

This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
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Jeannette Latoria
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« Reply #6 on: November 25, 2008, 01:23:59 pm »

Hi Volitzer,

I hate to tell you and the rest of the Obama-haters out there, but I think you have all been had.

Rather than check all the many right wing articles out there parroting the Berg talking points, I checked the U.S. Supreme Court's docket of upcoming cases on their website.  While it is true that Berg did appeal to the Supreme Court, twice, it seems that both times he was turned down.

Incidentally, David Souter, not Clarence Thomas was the presiding judge:

Quote
No. 08A391 
Title: Philip J. Berg, Applicant
v.
Barack Obama, et al.
 
Docketed: 
Lower Ct: United States Court of Appeals for the Third Circuit
  Case Nos.: (08-4340)

~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 31 2008 Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008 Application (08A391) denied by Justice Souter. 

--------------------------------------------------------------------------------

~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:   
Philip J. Berg 555 Andorra Glen Court, Suite 12 (610) 825-3134
 Lafayette Hill, PA  09867 
Party name: Philip J. Berg
Attorneys for Respondents:   
Gregory G. Garre Solicitor General (202) 514-2217
 United States Department of Justice 
 950 Pennsylvania Avenue, N.W. 
 Washington, DC  20530-0001 
Party name: Federal Election Commission, et al.

http://origin.www.supremecourtus.gov/docket/08a391.htm

The other one:

Quote
No. 08-570 
Title: Philip J. Berg, Petitioner
v.
Barack Obama, et al.
 
Docketed: October 31, 2008
Lower Ct: United States Court of Appeals for the Third Circuit
  Case Nos.: (08-4340)
 Rule 11

~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 30 2008 Petition for a writ of certiorari before judgment filed. (Response due December 1, 2008) 
Oct 31 2008 Application (08A391) for an injunction pending disposition of the petition for a writ of certiorari, submitted to Justice Souter.
Nov 3 2008 Supplemental brief of applicant Philip J. Berg filed.
Nov 3 2008 Application (08A391) denied by Justice Souter. 
Nov 18 2008 Waiver of right of respondents Federal Election Commission, et al. to respond filed. 


--------------------------------------------------------------------------------

~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:   
Philip J. Berg 555 Andorra Glen Court, Suite 12 (610) 825-3134
 Lafayette Hill, PA  09867 
Party name: Philip J. Berg
Attorneys for Respondents:   
Gregory G. Garre Solicitor General (202) 514-2217
 United States Department of Justice 
 950 Pennsylvania Avenue, N.W. 
 Washington, DC  20530-0001 
Party name: Federal Election Commission, et al. http://origin.www.supremecourtus.gov/docket/08-570.htm

http://search.access.gpo.gov/supreme-court/SearchRight.asp?ct=Supreme-Court-Dockets&q1=Berg

http://www.supremecourtus.gov/docket/docket.html
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Volitzer
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« Reply #7 on: November 25, 2008, 01:57:51 pm »

Obama Born in Kenya‏
From:  Adam Drozdz (adamdroz@hotmail.com
Sent: Tue 11/25/08 2:53 PM
To:  adamdroz@hotmail.com

This is an amazing interview from WRIF FM in Detroit, Michigan's Mike in the Morning

On the WRIF website: http://my.wrif.com/mim/?p=916
Direct Link: http://www.gdrg.net/dm/kenya.mp3

Just after 12:30 Kenyan Ambassador "His Excellency Peter N.R.O Ogego" plainly admits that President Elect Obama was born in Kenya.

There is no dodging this now.

Here is his official website which is laughable.
http://www.kenyaembassy.com/ambassador.html

And here is a bit of his professional history.
http://www.zoominfo.com/Search/PersonDetail.aspx?PersonID=420391863
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Tom Hebert
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« Reply #8 on: November 25, 2008, 02:53:58 pm »

Judge dismisses Obama birth certificate lawsuit

Posted: October 25, 2008, 3:14 pm Eastern
By Drew Zahn


A lawsuit filed by Democratic attorney Philip Berg alleging that Sen. Barack Obama is ineligible to be president was dismissed by a federal judge yesterday on grounds that Berg lacks standing to bring the lawsuit.

In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can't sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.

Surrick defers to Congress, saying that the legislature could determine "that citizens, voters, or party members should police the Constitution's eligibility requirements for the Presidency," but that it would take new laws to grant individual citizens that ability.

"Until that time," Surrick says, "voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring."

Berg has maintained that uncertainty about how the U.S. does enforce the requirements of presidency may result in a constitutional crisis should an ineligible candidate win the office.

"This is a question of who has standing to stand up for our Constitution," Berg told Jeff Schreiber of America's Right blog. "If I don't have standing, if you don't have standing, if your neighbor doesn't have standing to ask whether or not the likely next president of the United States – the most powerful man in the entire world – is eligible to be in that office in the first place, then who does?"

As WND reported Berg filed suit in U.S. District Court in August, alleging Obama is not a natural-born citizen and is thus ineligible to serve as president of the United States. Berg demanded that Obama provide documentation to the court to verify that the candidate was born in Hawaii, as Obama contends, and not in Kenya, as Berg believes.

Surrick did not rule on the birth certificate controversy, though he did express skepticism over the notion that a foreign-born Obama would have escaped the primaries without being discovered.

"Plaintiff would have us derail the democratic process by invalidating a candidate for whom millions of people voted," Surrick states, "and who underwent excessive vetting during what was one of the most hotly contested presidential primary [sic] in living memory."

Instead, Surrick cites Aritcle III of the U.S. Constitution, limiting federal judicial power to handling cases and controversies in which plaintiffs have clear standing through specific, personal injury.

Berg, the judge ruled, simply didn't have a case for a particular injury and thus, had no standing to sue.

Surrick's ruling cites a case deemed similar, Hollander v. McCain, in which it was alleged during the primary season that since he was born in the Panama Canal Zone, John McCain is not a natural-born citizen either. The judge in the Hollander case also ruled a voter cannot sue to prevent an allegedly unconstitutional candidate.

Based in part on Hollander, Surrick concludes, "The alleged harm to voters stemming from a presidential candidate's failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury."

Surrick also quotes Lujan v. Defenders of Wildlife, which held, "The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen's interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy."

Berg told America's Right that even if he technically can't hold Obama accountable to the Constitution, someone should. He plans to appeal his case to the Third Circuit Court of Appeals and then to the United States Supreme Court.


http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=79086
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Justin Garrow
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« Reply #9 on: November 25, 2008, 03:05:53 pm »

Looks like the case was turned down by the Supreme Court. If this was really being considered by the Supremes, it would be front page news, with all the entire country on the edge of it's seat (which it isn't). 
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"Some men see things the way they are and ask why, I dream of things that never were and ask why not." - Robert F. Kennedy
DDDnD3D
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« Reply #10 on: November 25, 2008, 03:21:46 pm »

*THE MORAL OF THIS STORY: THE INDIAN AND THE SLAVE "NO WRITE CONSTITUTION" !  GREEDY GUILTY WHITE COWBOY SEEK PROTECTION FROM THIS PIECE OF PAPER FOR CRIMES AND LIES ?  AND AT SAME TIME IGNORE AND DISHONOR THAT OTHER PIECE OF PAPER; THE TREATY SIGNED WITH DIRTY DRUNKEN SAVAGE ?   Ugh!  [for ugly american]
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Lawrence Fragg
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« Reply #11 on: November 25, 2008, 04:48:52 pm »

We don't need the Supreme Court for this. All we need do is email this information to George W. Bush and he will declare the election null and void and declare himself President for the upcoming term. We'll have that third Bush term yet, people.
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Bianca
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« Reply #12 on: November 25, 2008, 05:59:48 pm »



Lawrence Fragg,


You are just as naive as everybody else, haven't you noticed how your GWB goes along with EVERYTHING
'the messiah' does?

Remember the triumphal European Tour?  GWB never objected to the'substitute president', his words
or actions, did he?

And now, he is just as cozy and cooperative with him as if they belonged to the same party.


'the messiah' IS GWB'S   T H I R D   T E R M ! ! !


                                                  THE CHOSEN ONE

by the 'powers-that-be'.
« Last Edit: November 25, 2008, 06:58:25 pm by Bianca » Report Spam   Logged

Your mind understands what you have been taught; your heart what is true.
DDDnD3D
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« Reply #13 on: November 25, 2008, 06:55:02 pm »

 * * * but you immigrants must also remember?   * * * THIS "IS" INDIAN LAND * * *
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DDDnD3D
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« Reply #14 on: November 25, 2008, 08:00:46 pm »

 * * * THE MESSAGE CANNOT BE MORE CLEAR * * *
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