11/12/2008
12:18 PM

Hola NJ! Did You Ever Meet NJ's Presdiential Candidate Roger Calero?

I had not realized until I read Donofrio's legal action that we had an admitted foreign born Nicaraguan running for President in NJ as well as 7 other states.

How did New Jersey's Secretary of State Nina Mitchell Wells certify the constitutional qualifications, N.J.S.A. 19:13-22, for Socialist Workers Party Presidential candidate Roger Calero?

Excerpt:

Róger Calero is the Socialist Workers Party candidate for president.

Calero, 39, has been active in the fight for legalization of undocumented workers for many years. He participated in the large nationwide May Day demonstrations demanding legalization for immigrants beginning in 2006, and in subsequent years. In July, he joined a march of 1,500 people in Postville, Iowa, protesting the immigration raid, detentions, hasty trials, and deportations of nearly 400 packinghouse workers who worked at the Agriprocessors meatpacking plant. 
 


http://www.seattlecuba.net/Roger%20Calero.htm

Small excerpt:

Charges against Calero

The immigration cops are seeking to "exclude" him deny Calero re-entry into the United States and deport him to his native Nicaragua, based on a 1988 conviction, when he was a high school student in Los Angeles, on a charge of selling marijuana to an undercover cop. Faced with the prospect of jail, Calero copped a plea and received a suspended 60day sentence with three years probation.

Permanent resident for 12 years

When Calero applied for permanent residence in 1989 he specifically included information about his conviction, which immigration officials waived in order to grant him a green card giving him the right to live and work in the United States, In 2000 the INS replaced his card with full written information of the 12?year?old conviction. Today, Calero, who is married to a U.S. citizen, lives in Newark, New Jersey

NJ Voter vs. Obama and McCain on Natural Born Citizen Status before SCOTUS

US Supreme Court docket
http://www.supremecourtus.gov/docket/docket.html

type in “donofrio”

That’s me. I didn’t bring this suit for publicity. I brought it as a

concerned citizen with faith in the courts.
But the courts let me down and let America down. The case has been hit

with all kinds of unorthodox treatment, and my use of the word

unorthodox shows restraint. I need to get the story out.

I am a retired attorney and I have a very strong case here. I was

admitted to practice law back in 91 and I’ve never seen anything like

this. I felt like I was caught in a bad movie and I need people’s help

to spread the word about this case.

If word doesn’t get out, it’s possible the case may not be forwarded

to the rest of the US Supreme Court. Justice Suoter is NOT the person

I wanted this case to go to, but he had right of first review under

the rules. And the rules were not followed by the SCOTUS Clerk’s

office who tried to convince me to drop the case. Suoter was supposed

to read this on Monday, but the Stay Clerk didn’t give it to him until

Thursday. Totally unethical.

Please, familiarize yourselves with the case and documents. Read my

brief before the US Supreme Court.

Leo Donofrio

 

UNITED STATES SUPREME COURT Docket #: 08A407

UNITED STATES SUPREME COURT Application for Emergency Stay and

supporting brief: ScotusStayAppBrief.doc

NEW JERSEY SUPREME COURT ORDER

On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired

attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State

of the State of New Jersey, in the Superior Court of New Jersey,

Appellate Division, demanding the Secretary execute her statutory and

Constitutional duties to police the security of ballots in New Jersey

from fraudulent candidates ineligible to hold the office of President

of the United States due to their not being "natural born citizens" as

enumerated in Article 1, Section 2, of the US Constitution.

Unlike other law suits filed against the candidates, this action was

the only bi-partisan suit, which sought to have both McCain and Obama

removed for the same reason. (Later, Plaintiff also sought the removal

of Nicaraguan born Roger Colera, the Presidential candidate for the

Socialist Workers Party).  Donofrio v. Wells, having come directly

from NJ state courts, will require the SCOTUS to apply New Jersey law,

and New Jersey has a liberal history of according standing to citizens

seeking judicial review of State activity.

While raising it as an ancillary issue, Plaintiff in this case didn't

rely upon questioning Obama‘s birth certificate as the core

Constitutional dilemma. Rather, he alleges that even if Obama was born

in Hawaii, he was born to a Kenyan national father and is therefore

not eligible to be President due to having dual loyalties at birth and

split jurisdiction at the time of his birth.

The cause of action first accrued on September 22, 2008, when

Secretary Wells certified to county clerks, for ballot preparation, a

written "statement", prepared under her seal of office, that was

required by statute to contain names of only those candidates who were

"by law entitled" to be listed on ballots in New Jersey. The statement

is demanded by N.J.S.A. 19:13-22.

The law suit raises a novel contention that the statutory code

undergoes legal fusion with the Secretary's oath of office to uphold

the US Constitution thereby creating a minimum standard of review

based upon the "natural born citizen" requirement of Article 2,

Section 1, and that the Supremacy clause of the Constitution would

demand those requirements be resolved prior to the election.

The key fact, not challenged, surrounds two conversations between the

plaintiff-appellant and a key Secretary of State Election Division

official wherein the official admitted, twice, that the

defendant-Secretary just assumed the candidates were eligible taking

no further action to actually verify that they were, in fact, eligible

to the office of President. These conversations took place on October

22nd and 23rd.

Plaintiff-Appellant then initiated the litigation process on Monday,

October 27th.

Now, post-election, plaintiff is seeking review by the United States

Supreme Court to finally determine the "natural born citizen" issue.

Plaintiff alleged the Secretary has a legal duty to make certain the

candidates pass the "natural born citizen" test. The pre-election suit

requested that New Jersey ballots be stayed as they were defective

requiring replacements to feature only the names of candidates who

were truly eligible to the office of President.

The action was brought as a "Complaint In Lieu of Prerogative Writs"

(aka writ of mandamus) directly to the Appellate Division in NJ. An

arduous four day litigation ended with Judge Sabatino denying

plaintiff emergency relief. The Appellate Division case generated the

following documents:

NJ Appellate Division Fact Sheet Upon Application For Emergent Relief

Judge Sabatino's initial response

Supplemental Fact Sheet Upon Application For Emergent Relief

Fax letter to all parties regarding schedule for submitting briefs

Complaint In Lieu of Prerogative Writs

Letter to Judge Sabatino re: Motion for Summary Judgment

Notice of Motion For Summary Judgment, Counts 1and 2

NJ Attorney General's reply brief for Secretary of State Wells

Judge Sabatino's Opinion and Order, 5 pages

Plaintiff then submitted the case on an emergency basis to the New

Jersey Supreme Court where a staff attorney reviewed it, requested 10

copies each of the Motion and 75 page appendix, and informed Plaintiff

that a Supreme Court Justice would review it immediately with three

possible scenarios unfolding:

- the Supreme Court Justice could grant the application on their own

- the Supreme Court Justice could deny the application on their own

- the Supreme Court Justice could call in the other Justices to review

the case

Plaintiff was informed by telephone that his papers were in order and

that other Justices of the Supreme Court had been brought in to

discuss the case.

The application for emergency relief was denied.

However, in an incredible turn of events, the NJ Supreme Court

specifically ignored the lower court's five page opinion – such

opinion having avoided the Constitutional question presented – and

relied upon "Movant's Papers" which did discuss and employ

Constitutional issues.

Here is the decision of the Honorable Justice Virginia A. Long:

"This matter having come before the court on an application for

emergent relief pursuant to Rule 2:9-8, and the undersigned having

reviewed the movant's papers and the papers filed by the defendant in

the Superior Court, Appellate Division, it is hereby Ordered that the

application for emergent relief is denied."

This then opened a door to US Supreme Court review. Since "Movant's

papers" are based on a Constitutional issue, it is proper for the US

Supreme Court to review the case.

Plaintiff-appellant prepared the US Supreme Court emergency stay

application over the weekend and then rushed off to Washington DC on

November 3rd where he filed an Application For Emergency Stay of New

Jersey ballots, and/or a stay of the "national election". Plaintiff's

terminology is of vital importance here. Plaintiff's use of the term

"national election" includes all aspects thereof, including the

popular vote, full election results, and the electoral college

process.

Justice Souter, facing a tough decision in the wake of Obama's

landslide victory, took four days to examine the extensive lower court

paper trail and legal precedents pertaining thereto, but he eventually

denied the application on Nov. 6th, 2008. However, the case is still

live, but not for the reason erroneously listed on the SCOTUS Docket.

It appears Justice Souter was misinformed by the US Supreme Court Stay

Clerk, Mr. Danny Bickle. A full Petition for Writ of Certiorari is

listed as "pending" on the Supreme Court docket, and such Petition

having not been dismissed by Justice Suoter indicates the serious

merits of the case, but plaintiff-appellant did not make any such full

Petition, and so its existence is a procedural fiction. But the case

is still live and pending as an Emergency Stay Application.

Due to the emergent nature of Stay proceedings, plaintiff is entitled

- by law - under US Supreme Court Rule 22 to resubmit the Application

for an Emergency Stay to another Justice of his choice along with a

supplemental letter to accompany the original Stay application.

Justice Souter had right of first review because he is charged with

review of 3rd Circuit actions, and New Jersey is in the 3rd Circuit.

But now that Justice Souter has denied the emergency stay with

prejudice, Plaintiff may resubmit the Application For An Emergency

Stay of the national election results and Electoral College meeting to

the Honorable US Supreme Court Justice Clarence Thomas. Furthermore,

all nine Justices will be served on this round, according to Rule 22

which requires Appellant to submit 10 copies of the original Stay

application for the entire Supreme Court.

A supplemental letter detailing the unorthodox procedural history

involved with this case is being prepared for Justice Thomas to review

along with the prior Stay application.

Instead of making a full Petition for Certiorari, plaintiff-appellant,

as to his Emergency Stay Application, relied on the procedural history

in Bush v. Gore, wherein Bush also chose to fore go a full Petition

for Cert., and instead relied exclusively on an emergency Stay

application handed to one Justice who then empaneled the entire court.

The Supreme Court then granted the Stay, treated the Stay application

as a full Petition for Certiorari and granted that Petition despite

the fact that Bush only submitted the one Application for Emergency

Stay. That was done because the urgency of the situation begged

resolve of the national Presidential election. The same conditions

apply here as the clock is ticking down to December 15th, the day for

the Electoral College to meet.

The bi-partisan case progressed quietly through the lower courts with

no publicity as the plaintiff-appellant sought to respect court

authority seeking only to have the "natural born issue" determined

once and for all. He didn't create a web site or request donations.

The suit is self financed.

However, due to some very unorthodox treatment of the case in the NJ

Appellate Division, and also by the US Supreme Court Clerk's office, a

press conference is now being prepared to coincide with the

resubmission of the Stay application to Justice Clarence Thomas.

Documents are downloadable for review at: 

http://www.blogtext.org/naturalborncitizen  (site now defunked)