Gene's Footnotes

I have never been impressed by the messenger and always inspect the message, which I now understand is not the norm. People prefer to filter out discordant information. As such, I am frequently confronted with, "Where did you hear that...." Well, here you go. If you want an email version, send me an email.

December 07, 2008

Update

From something called "Tulsa Today," thanks to Irene
...As I’ve written in five articles (which can be read on my website: http://www.joanswirsky.com/), the most crucial issue is the fact that Obama’s eligibility to be president is being seriously challenged by about 20 lawsuits, many of them waged by Democrats and Independents. Several of these suits have now reached the Supreme Court. They all claim that Obama does not meet one of the three criteria that the U.S. Constitution requires of anyone who runs for the presidency of the United States of America. That criterion is that he or she be a “natural born citizen” of the United States.

ImageDecember 1, writes attorney Thomas J. Latino, was “the deadline for the Obama legal team to file their response to the Berg Petition for a Writ of Certiorari. There was nothing. Mr. Obama has done what hasn't been done before…he] has blatantly ignored a request from the Supreme Court of the United States – our highest and most revered legal institution. Mr. Obama, quite frankly, has thumbed his nose at the highest court in our land.”

On December 5, Leo Donofrio, a plaintiff in Donofrio v. Wells, is scheduled to have his case heard by the nine Justices of the Supreme Court, who have agreed to hold a “Rule of Four” Conference. This means If four of the nine Justices agree that Donofrio’s case has merit, there is the potential for the Justices to issue a “stay” of the Electoral College vote on December 15, which would prevent the Electoral College members from casting their votes until this explosive issue has been resolved.



A writ of certiorari can be ignored by the Supreme Court. I think, last I looked, only 2-3% of them were even heard. You don't default by not responding. However, it is curious that a claim this serious is not even met. That is, Mr. Obama is relying on the lower court's standing decision without any interest in bolstering any position. All I can say, its not something ordinarily done, even when you are sure of yourself, not if you don't want to be sued.

Frankly, I do not know if the Supreme Court will be able to say there is standing, then decide the matter. They might decide to do so, gather up all claims, as this issue is creating a mess of cases. If Mr. Obama is OK in this area, we should all hope it is cleared up. We can worry whether he is the Manchurian Candidate another day. Talk about a millstone.

I talked with Ray about Birth Certificates and Certificates of Birth, if you are interested. He had looked at his kids papers.

One point he made was the original is always kept by the State. Sounds sensible, but I recall seeing an old birth certificate that sure looked like an original, footprint and all. My current certificate does not have any of that.

Second, he says you don't register the hospital. There is an issue of fact, as lawyers call it. Someone else will look at that, I am sure.

Third, of interest, he say the mother's address is used to identify the person born. That makes sense.

We agree that one can get a passport even if not born here. So, that is of no help.

You may recall two State Dept. workers were fired for breaching Obama's passport file. Of interest is the Obama reply: denounced the accessing as "an outrageous breach of security and privacy, even from an Administration that has shown little regard for either over the last eight years." So, they accuse the administration of the breach. Little touchy, no?

To confuse matters, here is a photo of Obama (Soetero's) Indonesian school form

Translation:

http://smithfiles.com/wp-content/uploads/2008/08/angkatxt3.png

Who knows what all this means. I suppose his mom could lie to get him into school. However, this is a problem.

There is a controversy about Obama getting his first passport in 2005 (James Buchanan). Also, in the PA lawsuit it is alleged that one could not get into Pakistan with a U.S. passport at the time Obama went. etc etc. Further, he didn't tell anyone about his three week trip until it was discovered in the campaign and he had to reply to questions.

The problem is, if he had an Indonesian passport, he was Indonesian. Period. He was allowed, I think, to repatriate, but, then, he would not be a naturalized citizenship. There is no proof of repatriation, which is understandable if that is what he did.

Anyway, just some observations. It looks as though the Court will look at this. I don't think it is wise, on a political level, to avoid the issue by claiming "standing" problems. This issue will just grow and over-shadow things. Eventually, too, some document from somewhere will surface.

So, the Rule of Four goes online on 12/5, so we will see what happens. Even if conspiracy people are nuts and there is no clamping down on discussing this case (they say conservatives clammed up on the same day and nuke strikes are threatened if Obama is found not eligible), I don't think the Court will be swayed by direct threats, though they are sensitive to the big picture. (Dred Scot is an example of a sensitive screw up.)

Since there are four-five traditionalist judges, then the initial review should be fair, a positive finding meaning only further examination is approved. If that happens, you just may find the news covering this storm instead of the hurricane party. At that point, you will be the center of conversation at the party, having been informed herein.

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1 Comments:

Blogger Ted said...

OK folks, Team Obama and its allied MSM have finally responded to Leo Donofrio's Supreme Court position that Obama is not an Article II "natural born citizen" -- proceeding from phase 1 (ignore) to phase 2 (ridicule) now to phase 3 (respond with legal points) ... on the way to phase 4 (acceptance).

Team Obama's legal argument, from OpEdNews -- http://www.opednews.com/articles/Is-Barack-Obama-Natural-Bo-by-Hargrove-081207-817.html -- in a nutshell is as follows:

The Framers elected not to define "natural born citizen," except by exempting themselves, which self exemption "could be due the fact that they were not born in the United States without regard to whether or not they had been subject to British jurisdiction," and the Framers' lack of concern about dual citizenship or loyalties is shown by their only requiring Presidents to have been residents in the United States for 14 years -- meaning an eligible candidate born in the United States still could have resided under the jurisdiction of another country for 21 years or more; and even if the Framers WERE concerned about split loyalties, those were intended to be addressed on a "case by case basis" -- and it would not be reasonable to conclude that Obama would have British loyalty since the British Citizenship conferred on him at birth was only "due to his biological relationship to an estranged and unfamiliar father."

Team Obama concludes that the Framer's definition of "Natural Born Citizen" is the same as "Citizen" meaning all that is required is birth in the United States, even if neither parent is an American Citizen.

I'd say, if that's all they got, Leo's case is a slam dunk!

8:36 PM  

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