Obama’s citizenship, the Constitution and a dead elector

By Linda Bentley | December 5, 2008

If one is not ‘born’ a natural born citizen, he can never be a natural born citizen
WASHINGTON, D.C. – On Monday U.S. Supreme Court Deputy Director of Public Information Patricia McCabe Estrada informed Leo C. Donofrio the full court, meaning all nine justices, distributed his application for an emergency stay for conference on Dec. 5. His case (Donofrio v. Wells) was originally referred for conference on Nov. 19 by U.S. Supreme Court Justice Clarence Thomas.

Donofrio stated, “We now know that the renewed request to halt the election was not denied and is actively being considered at the Supreme Court.” 

According to Donofrio, if four of the nine justices respond affirmatively to Donofrio’s case, it will be scheduled for oral argument and further briefing.

If at least five of the nine justices respond in the affirmative, they could grant a stay of the Electoral College vote.

Contrary to what recent articles in the mainstream media have reported, Donofrio emphasizes his lawsuit does not contest President-elect Barack Obama’s birthplace. In one letter, to correct false information reported, Donofrio wrote, “The main argument of my law suit alleges that since Obama was a British citizen – at birth – a fact he admits is true, then he cannot be a ‘natural born citizen.’  The word ‘born’ has meaning. It deals with the status of a presidential candidate ‘at birth.’ Obama had dual nationality at birth. The status of the candidate at the time of the election is not as relevant to the provisions of the Constitution as is his status ‘at birth.’  If one is not ‘born’ a natural born citizen, he can never be a natural born citizen.”

In an attempt to get the point across, Donofrio reiterates on his blog (http://naturalborncitizen.wordpress.com), “I have REPEATEDLY stated that Obama can release a golden birth certificate signed by 100 gazzillion witnesses embossed in gold leaf that he was born on the mall in Washington D.C. and it still wouldn’t make him a ‘Natural Born Citizen’ under the Constitution because he was, regardless of where he was born, a BRITISH citizen ‘at birth.’  Since he was ‘born’ as a British citizen/subject, his United States citizenship was not ‘natural.’”  

Attorney Philip Berg also learned, on Monday, after his assistant spoke to the clerk of the U.S. Supreme Court, his petition for a writ of certiorari would be distributed to all nine justices and a conference should be set within ten days.

Additionally, Berg learned the waiver filed by the Federal Elections Commission was filed only on behalf of the FEC and was not also filed on behalf of Obama and/or the DNC, even though the docket indicated it was filed by “respondents Federal Election Commission, et al.”

So, when Berg’s case, which does challenge Obama’s birthplace, as well as his citizenship, is set for conference, it too will require affirmation by four of the nine justices in order to proceed to a hearing.

Meanwhile, Donofrio is aiding Cort Wrotnowski in his application to the U.S. Supreme Court for a stay and/or injunction of the election. Wrotnowski’s complaint was initially filed 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 for stay of the election was submitted to and denied by U.S. Supreme Court Justice Ruth Bader Ginsberg.

He then refiled his application on Nov. 29 via express mail, only to be told by the clerk his renewed application to Justice Antoinin Scalia would be “held back for seven days due to anthrax screening.”

On Dec. 2 at 10:30 a.m. Wrotnowski hand delivered ten copies of his renewed application to the security booth at the U.S. Supreme Court and was told the clerk would probably receive them by 2 p.m. that day.

His application now shows up as having been refiled with Scalia on Nov. 29.

Meanwhile in California, Attorney Gary Kreep, executive director of the United States Justice Foundation, who is involved with the Alan Keyes lawsuit to prevent California Secretary of State Debra Bowen from recording the 55 state Electoral votes for Obama until the issues surrounding his citizenship and eligibility are cleared up, is now seeking an investigation into the process that has apparently allowed a dead woman to be listed as an official elector.

Ilene Huber of Sherman Oaks is listed as a Democratic Party Elector pledged to Obama in Congressional District 28, located in Los Angeles.

There are no registered voters in all of California by that name; only three women in the entire country could be found with that name.

There was an Ilene Huber, born around 1927, listed in the 1930 U.S. Federal Census, who, if still living, was in Mercer, Ohio.

There was an Ilene Mary Huber who died in 1958 listed in the California Death Index, 1940-1997.

And, last there was an Ilene D. Huber, who was living in Humboldt, Calif. at the time of her death in October 2001.

Kreep believes there may be an attempt to “revise” the list of electors, replacing the names of the electors chosen by the voters with new electors.

In a letter sent to the clerks of each of California’s counties, Kreep wrote, “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.”