An excellent article over at American Thinker:
I agree with everything in that article except its first twelve words:
On Monday, the Supreme Court decided not to hear the Donofrio case
That is incorrect. But it is a misperception shared by many, many people, such as Michelle Malkin:
And Ed Morrissey:
When the Supreme Court denied cert to Leo Donofrio, most of us thought the issue of Barack Obama’s status as a citizen was put to rest.
What’s the truth? The truth is that the Supreme Court did NOT “deny cert” to Leo Donofrio yesterday. The truth is the Supreme Court did NOT “turn down” Donofrio’s case yesterday. The truth is that Leo Donofrio’s case is still “PENDING” at the Supreme Court, and the court only denied the application to stay an election.
I believe the election that Donofrio had been trying to stay was the November 4th election (he hurriedly filed his case on November 3rd to do so).
So, it is logical that the court would, on December 8th, deny an application to stay an election that already happened on November 4th.
Donofrio’s case is still PENDING.
MONDAY, DECEMBER 8, 2008
ORDERS IN PENDING CASES
08A407 DONOFRIO, LEO C. V. WELLS, NJ SEC. OF STATE
The application for stay addressed to Justice Thomas and referred to the Court is denied.
[Note the ABSENCE of Donofrio’s case here]
Donofrio’s case is NOT listed under CERTIORARI DENIED.
Everyone should take another look at the order list from the SCOTUS yesterday.
Not only was Donofrio’s case NOT denied certiorari, but a third case (Cort Wrotnowski vs. Susan Bysiewicz, Connecticut Secretary of State) was referred to the Court by Justice Scalia – distributed for conference this coming Friday:
Dec 8 2008 DISTRIBUTED for Conference of December 12, 2008.
Dec 8 2008 Application (08A469) referred to the Court by Justice Scalia.
It sounds like Donofrio may have called this correctly earlier today:
On the chance that SCOTUS was looking at both my case and Cort’s case, I must stress that Cort’s case does not have the same procedural hang up that mine does. It may be that without a decision on the Judicial misconduct allegation correcting the NJ Appellate Division case file, SCOTUS might have been in the position of not being able to hear my case as it would appear that my case was not before them on the proper procedural grounds.
I did file a direct appeal under the proper NJ Court rules, but the lower Court judge refused to acknowledge that and if his fraudulent docketing was used by SCOTUS they would have a solid procedural basis to throw mine out.
Friday could turn out to be a very, very big news day.
On July 25th, 1787, John Jay wrote to George Washington, then Presiding Officer of the Constitutional Convention:
“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American Army shall not be given to nor devolve on, any but a natural born Citizen.”
John Jay was the First Chief Justice of the United States, among many other things, and it was this letter that caused Clause 5 of Article II to exist.