Leo Donofrio, the retired lawyer who began the NJ SOS lawsuit Leo C. Donofrio v. Nina Mitchell Wells, Secretary of State of the State of New Jersey, provides further context as to his case awaiting SCOTUS review on the grounds of a prima facia non-naturally born case against Obama and maintaing the ability to possess standing…

Throughout the Berg vs Obama ordeal the issue of “standing” was always going to stop Mr. Berg’s case, a case which has consistently failed to zero in on the main issue, whether Mr. Obama was a natural born citizen “at birth”, which Obama was not, since he had dual nationality at birth and was therefore subject to the jurisdiction of Kenya as well as the USA.  If Mr. Obama wasn’t a natural born citizen “at birth” he can never satisfy the requirement. Mr. Berg’s case touches on everything but the main issue and as such it has no chance of succeeding even if he did have standing, which he most certainly does not.

To be a naturally born citizen, this is the issue.  You are either “born” one or you are not, and if not, you can’t be President.  The 14th Amendment can make one a “citizen” but not a “natural born citizen”.  This is the backbone of my case.  Had the US legislature, and the States who ratified the 14th Amendment, sought to bestow “natural born citizen” status, then the 14th Amendment would say so, but it does not.  It confers “citizen” status, and only if the person is subject to the jurisdiction of the United States. 

While issues concerning Obama’s birth certificate and his time spent in Indonesia might effect his actual “citizenship”, the case I have made does not rely in any way upon those questions.  My argument is much more simple to prove and understand.  Obama’s father was a Kenyan national and so, regardless of where Obama was born, he was “at birth” subject to the laws of both the United States and of Kenya and as such he is not a natural born citizen of the United States and cannot hold the office of President.  It’s really that simple. 

The nature of the issue flows from the word, “born”.  The status required by Article 2, Section 1, must be present “at birth”.  To be a “natural born citizen” there must be nothing unnatural about your citizenship “at birth”.  Natural, in this context, means to be unencumbered by the laws of any other nation.  Regardless of the fact that Obama came to reside in the United States, at the time of his birth another country could also claim him as its own and vice versa.

On standing:

As a New Jersey citizen, I have proper standing.  In fact, my standing wasn’t challenged by the NJ Attorney General’s office in their reply brief in defense of the Secretary of State…

http://www.blogtext.org/naturalborncitizen/myimages/album2143.html

…nor was my standing challenged by Judge Sabatino in his five page opinion from the NJ Appellate Division.  

http://www.blogtext.org/naturalborncitizen/myimages/album2147.html

Despite there having been no challenges to my standing raised below, out of respect for the United States Supreme Court, I did address the issue in my application for an emergency stay…

In conclusion:

While Mr. Berg, who has made a valiant effort, does not have legal standing,  I do have a right of review by the US Supreme Court since New Jersey recognizes my standing and also because I have exhausted all of my state court options and there is nowhere else for me to go for justice.  

Due to the impending Electoral College meeting, a genuine emergency exists and the case must be resolved by the US Supreme Court, and it will be resolved by the Supreme Court unless the SCOTUS Clerk’s office interferes once again with the next phase of this litigation, that being my letter to Justice Clarence Thomas which is attached to my renewed application for an Emergency Stay of the 2008 national election.

Later today, I will release my letter to Justice Thomas as a sworn certification detailing the various unorthodox judicial activity my case has suffered.

These are excerpts, so be sure to follow the link, above.

Jeff responds as well. Be sure to read the full contextual post; it’s recently been updated.

We’ll all be watching.

-Phil