Donofrio petition denied, Wrotnowski v. Bysiewicz set for conference
By Linda Bentley | December 10, 2008
Arizonan files brief supporting Berg petition, California’s dead elector spurs investigation
WASHINGTON, D.C. – The U.S. Supreme Court issued two writs of certiorari following its Dec. 5 conference, although neither were for Leo C. Donofrio’s application for a stay of the Dec. 15 Electoral College Election.
On Monday, the court’s list of orders in pending cases stated under Donofrio v. Wells, “The application for stay addressed to Justice Thomas and referred to the Court is denied,” without further explanation.
Donofrio filed suit against the New Jersey Secretary of State Nina Mitchell Wells after learning she had done nothing to verify any of the presidential candidates’ eligibility she certified for placement on the Nov. 4 ballot.
Although the U.S. Supreme Court denied his application, Donofrio says the mainstream media should stop saying it “refused to hear the case.” After all, he says, it was distributed for conference, which placed the issue before them for 16 days.
Even though they didn't agree to take it to the level of full briefs and oral argument, Donofrio said, “They certainly heard the case and read the issues … my case was placed on their desks and into their minds. Please remember that. It's important for history to record that.”
In the interim, Donofrio has been assisting Cort Wrotnowski with his application for a stay of the election to the U.S. Supreme Court.
Wrotnowski’s petition began as an action against Connecticut Secretary of State Susan Bysiewicz for her failure to qualify candidates’ eligibility before certifying them to appear on the Nov. 4 ballot.
His initial application to the U.S. Supreme Court to stay the election was denied by Justice Ruth Bader Ginsberg.
Wrotnowski filed a renewed application with Justice Antoinin Scalia and his case has since been distributed by Scalia for conference on Friday, Dec. 12.
On Dec. 1, Attorney Philip Berg also learned his petition for a writ of certiorari would be distributed to all nine justices and a conference would be set within ten days. Berg is appealing the lower court’s dismissal based on lack of standing.
Also docketed in Berg’s case was a motion for leave to file an amicus curiae (friends of the court) brief by Attorney Lawrence Joyce on behalf of Bill Anderson, a citizen and registered voter of Arizona, in support of Berg’s petition.
Anderson states the circumstances in Berg’s case are unique, the hour is extremely late and, as a practical matter, other cases on this matter of exceptional national importance might not come before the court in a timely manner. By allowing Berg to bring this case now, Anderson says it would prevent “nothing less than a possible national catastrophe and a constitutional crisis of unprecedented magnitude, a crisis not otherwise manageable by the ordinary operations of law.”
He points out that “military officers, sworn to defend the Constitution against all enemies both foreign and domestic, must not be placed in a situation in which they cannot say with absolute certainty whether the person claiming to be the Commander-in-Chief legitimately holds office or not …”
Anderson asks, “Are such questions to be left hanging in the balance when the moment comes – God forbid – to decide whether to use America’s nuclear arsenal? In that moment, will our military leaders consider Barack Obama to be the Commander-in-Chief, or a ‘foreign enemy’ of the Constitution?”
Meanwhile, Attorney Gary Kreep, executive director of the United States Justice Foundation, involved with the Alan Keyes lawsuit to halt California Secretary of State Debra Bowen from recording the 55 electoral votes for Obama until the issues surrounding his citizenship and eligibility are cleared up, is now seeking an investigation into the state’s procedures, which allowed Ilene Huber of Sherman Oaks to be placed on the Nov. 4 ballot as a Democratic Party Elector pledged to Obama in Congressional District 28, located in Los Angeles.
Since then, the elections department confirmed there are no registered voters by that name in Los Angeles County.
There were two Ilene Hubers in California. However, both have died, one in 1958 the other in 2001.
Believing there will be attempts to “revise” the list of electors, Kreep sent letters to all California county clerks, warning, “Such ‘revisions’ will, in all likelihood, result in litigation being filed to challenge such attempts to alter the ballot post election, and may result in your county being included as a defendant therein.”
And, the lawsuits challenging Obama’s eligibility keep on coming.
On Dec. 1, James Broe, along with 11 other plaintiffs, filed a petition against Washington Secretary of State Samual Reed, requesting votes cast for Obama be set aside.
Broe claims Obama is ineligible to run for the office of president because: 1) he did not establish his American citizenship, 2) he did not establish that he was a “natural born citizen” as required by the U.S. Constitution, and 3) he did not run under his legal name of Barry Soetoro.
Washington statute allows any registered voter to challenge a declared elected candidate’s right to assume office if the person was not eligible to hold that office at the time he was declared elected.
Then, on Dec. 3, Attorney Orly Taitz, also representing Keyes, filed a petition in California Supreme Court to bar Secretary of State Debra Bowen from certifying the Nov. 4 election until documentary proof is provided that Obama is a “natural born” citizen.
During Monday’s press conference at the National Press Club in Washington, D.C., Taitz said, “The only reason that the vast majority of Americans do not know the details is because the media was aiding and abetting Obama in defrauding 300 million Americans.”
Because Bowen only required signed statements without any verification to determine candidate’s eligibility, Taitz said, “This practice represents a much lower standard than that demanded of one when requesting a California driver’s license or signing up a child for little league.”
At last count no less than 17 lawsuits have been filed across the country with new ones cropping up almost daily, indicating the questions surrounding Obama’s citizenship and eligibility are not going to go away unanswered.