Leo Donofrio

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Items on this page are archived in the order of discovery . . .


On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being "natural born citizens" as enumerated in Article 1, Section 2, of the US Constitution.

Unlike other law suits filed against the candidates, Berg etc., this action was the only bi-partisan suit, which sought to have both McCain and Obama removed for the same reason. (Later, Plaintiff also sought the removal of Nicaraguan born Roger Colera, the Presidential candidate for the Socialist Workers Party). The Berg suit will almost certainly fail on the grounds of "standing", but Donofrio v. Wells, having come directly from NJ state courts, will require the SCOTUS to apply New Jersey law, and New Jersey has a liberal history of according standing to citizens seeking judicial review of State activity.

While raising it as an ancillary issue, Plaintiff in this case didn't rely upon questioning Obama‘s birth certificate as the core Constitutional dilemma. Rather, he alleges that even if Obama was born in Hawaii, he was born to a Kenyan national father and is therefore not eligible to be President due to having dual loyalties at birth and split jurisdiction at the time of his birth.

Emergency Stay Requested
On Friday Nov. 14, 2008, Leo C. Donofrio sent, by US Postal Express Mail, a letter, as required by Supreme Court Rule 22.4, to the Clerk of the United States Supreme Court -- William K. Suter -- requesting his Emergency Stay Application as to the national election by renewed to the Honorable Associate Justice Clarence Thomas by right of law, specifically Supreme Court Rule 22.4.

As of 1:17 PM the renewed application has not been updated to the
US Supreme Court automated Docket.

According to Supreme Court Rule 22.1, the Clerk is demanded to "transmit it promptly" to the Justice it is addressed to.  Please recall that on Nov. 3rd, Donofrio originally submitted this same emergency stay application to the US Supreme Court.  Despite the stay, the Clerk -- Mr. Danny Bickell -- made assurance that the application would be given to the Honorable Associate Justice David Souter that night, it was not transmitted promptly.  In fact, it was not transmitted at all after Mr. Bickell, having made an illegal and improper substantive judgment of law, thereby denied the application on his own volition.

The emergency stay application was eventually submitted to the Honorable Associate Justice David Souter, four days late, on November 6, after Mr. Bickell was forced to concede that his denial had been improper.

The emergency stay application, having been brought to the US Supreme Court from a denial of the New Jersey Supreme Court, was required by Supreme Court Rule 22.3 to be submitted to Justice Souter as he is the Justice assigned to the Third Circuit which includes New Jersey.  The application was denied by Justice Souter on Nov. 6, and such denial therefore triggered the legal right, under Rule 22.4 to renew the emergency stay application to "any other Justice."  The application to renew has now been sent to the Honorable Associate Justice Clarence Thomas.

Hopefully, this time, the emergency stay application will be promptly transmitted to the Honorable Associate Justice Clarence Thomas.

The renewed application was delivered to the US Supreme Court Clerk's office at exactly 7:46 AM by US Postal Express Mail.  (Click link for US Postal proof of delivery.)

Tons of documentation at this site.

Update:  Donofrio's case is now on the docket for Justice Clarence Thomas.

The Game's Afoot, Watson!
On December 5, 2008, only ten days before the electoral college votes, the nine Justices of the U.S. Supreme Court will meet in private to review Obama's citizenship status.

Leo Donofrio's case, "Leo C. Donofrio, v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, United States Supreme Court Docket No. 08A407," regarding Obama's citizenship has reached a new level.  The case has been "distributed for conference."

This docketing today by the court should send ripples of fear through the Obama camp.  Obama has been proceeding at lightening speed to put together a cabinet and take possession of the White House with the hope that he won't have to answer the question of whether or not he was "at birth" a "natural born citizen."

Every major news network, print and cable news like FOX, CNN and MSNBC, have ignored all the court cases challenging Obama's eligibility as sore losers or conspiracy theories.  It might be in their best interest at this point to report this critically important meeting to take place on December 5, 2008, or lose what little credibility they have left.

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.
A Grisham Novel
Yesterday, Nov. 21 2008, Leo Donofrio's previous blog was hacked, as was the entire blogtext.org network by means or forces unknown.

He has relocated to Blogger.com.  Mirror sites containing the exact content have been set up.  Everybody is hereby authorized by Donofrio to mirror the contents of his blog.

LanLamphere.com will also have a mirror site up shortly.  Lan, who mentioned that the FBI is providing protection for Donofrio, also has in depth radio interviews with him.  The podcast is available at link.

Today, November 22, 2008, Leo C. Donofrio filed, with the New Jersey Supreme Court’s Advisory Committee on Judicial Conduct, an official allegation of Judicial Misconduct against Appellate Division Judge Jack M. Sabatino with regard to the initial stage of this litigation which was originally filed in the NJ Superior Court, Appellate Division.  The case, having come directly from an appeal to the New Jersey Supreme Court is now before the Supreme Court of the United States (SCOTUS), "DISTRIBUTED for Conference of December 5, 2008" before all nine Supreme Court Justices.

He is very concerned that if the United States Supreme Court requests the official records of the case from the NJ Appellate Division, a fraudulent case file -- not including all relevant documents -- will be forwarded to the SCOTUS and thereby the case now pending might be jeopardized, as he speculated that there was a chance that the US Supreme Court might ask the Appellate Division what records they have.

Donofrio forwarded official allegations of obstruction of justice against Supreme Court of New Jersey, Appellate Division Judge Jack M. Sabatino.  In the Appellate Division he is alleging that Judge Sabatino purposely tried, through improper ex parte communications, through his law clerk, to instruct him how to file an improper lawsuit.

New Jersey judges are appointed by the governor.  In this case, Jon S. Corzine, who worked Obama's campaign.  He is formally of Goldman Sachs and is involved with the carbon credit exchanged that was funded by a Joyce Foundation grant.  Obama was on the board of the Joyce Foundation, as was his buddy, the communist and terrorist, Bill Ayers.
Changing The Rules
Leo Donofrio, one of the top three experts on eligibility law, has a ton of interesting stuff on his blog, here's an example:

The Obama administration quietly changed the language in The Foreign Affairs Manual in August 2009 to expand the holding of Wong Kim Ark, declaring children of illegal immigrants (as well as tourists and students) to be 14th Amendment citizens.

Click image for large copy
They changed the language from:

"Acquisition of U.S. citizenship generally is not affected by the fact that the parents may be in the United States temporarily or illegally;"


"All children born in and subject, at the time of birth, to the jurisdiction of the United States acquire U.S. citizenship at birth even if their parents were in the United States illegally at the time of birth."

Those are vastly different statements.  The rational discussion of the two prior administrations was replaced by the desperate (to protect) Obama administration on August 21, 2009.  While the prior edition of the manual went only so far as to state that persons born to illegal immigrant parents on US soil were "considered" to be US citizens, Obama’s scrubbed edition has struck the limited holding of Wong Kim Ark and replaced it with his own opinion which unequivocally declares the children of illegal immigrants (as well as tourists and students) to be 14th Amendment citizens.

There's more here . . .

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