Leo Donofrio, Plaintiff inÂ Donofrio v. Wells, has been able to confirm that his case was referred to the full Court by Associate Justice Clarence Thomas. This means that, per the docket, all 9 Justices have agreed to hold a Conference this Friday, December 5 to consider granting Certiorari. If this is granted, then the “Rule of Four” concept will then be in play.
If 4 of the 9 Justices respond in the affirmative to Leo’s case, there will be an oral argument and further briefing. If 5 of the 9 Justices respond in the affirmative, they could grant a stay of the Electoral College vote.
Leo also updated everyone on Cort Wrotnowski’s case (where Cort is Plaintiff),Â Wrotnowski v. Bysiewicz. Apparently, after Cort called the Supreme Court requesting an update of his emergency stay renewal, he spoke with a certain individual who allegedly stated that his particular case (docket) had been referred to an anthrax containment facility!Â This news has led Leo Donofrio to call all concerned citizens to write the Supreme Court in diplomatic fashion to address this outrageous behavior.
There is also a rumor that the full Court may be seriously considering staying the Electoral College vote until after Barack Obama’s eligibility can be confirmed (the following excerpt from Bob Vernon of Honest American News (Plains Radio Network)):
Today I spoke with Patricia McCabe Estrada, Deputy Director of Public Information at the United States Supreme Court.Â She informed me that Mr. Donofrioâ€™s application was first referred to the full Court by Justice Clarence Thomas on November 19, 2008.Â After that referral took place the full Court, and not Justice Thomas alone, distributed the application for an emergency stay for Conference of December 5, 2008. [emphasis mine]
We now know that the renewed request to halt the election was notÂ denied and is actively being consideredÂ at the Supreme Court.
Update:Â Dr. Orly Taitz’s commentary. Also, CountUsOut is showing a rallying cry to protest in front of SCOTUS, Friday, December 5, 8am ET until whenever.
Update: Thanks to AtlasShrugs for an honorable mention and helping to bring this story further to light.
The following is the full text of Leo’s blog entry…
CONFIRMED BY SCOTUS: DONOFRIO V. WELLS WAS DISTRIBUTED FOR CONFERENCE OF DECEMBER 5, 2008 BY THE FULL UNITED STATES SUPREMEÂ COURT
Posted inÂ UncategorizedÂ on December 1, 2008 by naturalborncitizen
[UPDATE]Â Leo Donofrio and Cort Wrotnowski will be onÂ Plains Radiotonight at 7:00 PM EST
CONFIRMED BY SCOTUS:Â DONOFRIO V. WELLSÂ WAS DISTRIBUTED FOR CONFERENCE OF DECEMBER 5, 2008 BY THE FULLÂ UNITED STATES SUPREME COURTÂ AFTER FIRST HAVING BEEN REFERRED TO THE COURT BY JUSTICE THOMAS
by Bob Vernon, HonestÂ American News -Â Plains Radio Network
December 1, 2008
On November 19, 2008, the officialÂ United States Supreme Court DocketÂ for case number 08A407 -Â Leo C. Donofrio v.Â Nina Mitchell Wells, Secretary of State of the State of New Jersey -Â was updated to show that the â€œemergency stay applicationâ€ to halt theÂ national election and Electoral CollegeÂ meeting of 2008â€¦ was â€œDISTRIBUTED for Conference ofÂ December 5, 2008.â€Â At that time, it was not clear whether this was scheduled for conference by Justice Thomas alone or by the full Court.
In multiple interviews with Leo C. Donofrio, this reporter and other members of the Plains Radio Network, were informed by Mr. Donofrio that he suspected the distribution for conference was an action taken by more than Justice Thomas alone.Â Mr. Donofrio suggested that another docket update stating the emergency application was referred to the full court by Justice Thomas should have appeared on the docket prior to the distribution for conference.
Since the docket did not reflect a prior referral it was widely accepted that the distribution for conference was an act of Justice Thomas alone. HonestÂ American NewsÂ can now confirm – by direct contact with theÂ Supreme Courtâ€™s Public Information Office – that the distribution for conference of DONOFRIO V. WELLS was an action taken by the full court.
OnÂ November 28, 2008, the docket for case number 08A407 was updated to show, retroactively, that Justice Clarence Thomas did in fact refer Donofrioâ€™s emergency stay application to the full court on November 19, 2008.Â Last night in an interview withâ€¦PlainsÂ Radio Network, Mr. Donofrio suggested that this new update, nine days later, indicated that the full Court had taken action to distribute the case for conference.Â Mr. Donofrio cited a SCOTUS public information document issued to reporters entitled:
A REPORTERâ€™S GUIDE TO APPLICATIONS Pending Before TheÂ Supreme Court of the United States
In that document, on page 3, it advises:
â€œThe Circuit Justice may act on an application alone or refer it to the full Court for consideration. The fact that an application has been referred to the full Court may not be known publicly until the Court acts on the application and the referral is noted in the Courtâ€™s order.â€
Mr. Donofrio pointed out in various interviews that since his case had been made public by the SCOTUS, there was probably a referral by Justice Thomas prior to the actual distribution for conference.Â Mr. Donofrio was correct.
Today I spoke with Patricia McCabe Estrada, Deputy Director of Public Information at the United States Supreme Court.Â She informed me that Mr. Donofrioâ€™s application was first referred to the full Court by Justice Clarence Thomas on November 19, 2008.Â After that referral took place the full Court, and not Justice Thomas alone, distributed the application for an emergency stay for Conference of December 5, 2008.
Let me reiterate the main point: DONOFRIO V. WELLS was distributed for conference of December 5, 2008Â by the full CourtÂ after a prior referral of the application by Justice Thomas.
Mr. Donofrio will be on the Plains Radio Network tonight.Â SeePlainsradio.comÂ for details.
Honest American News
Plains Radio Network