Archive for April, 2010

Educating The Really Really Confused About “Nbc-gate”…

Posted in Uncategorized on April 26, 2010 by naturalborncitizen

It looks like Nbc-Gate is hitting top volume.  I’ve witnessed some very desperate blogging propaganda trying to stop the bleeding as the nation finally wakes up to the fact that President Obama was a British citizen at the time of his birth.   Having been born with dual nationality, he was born with a recognized allegiance to a foreign nation.  I have explained previously in great detail why this disqualifies him from being President.

That report was closely followed by a historical discovery of Sharon Rondeau at the Post & Email which highlighted the legal opinion of lifelong Democrat  Breckenridge Long – an attorney and graduate of Washington University Law School who later served as Secretary of State as well as U.S. ambassador to Italy under FDR – who, in an article written for the Chicago Legal News, argued that a “native born citizen” of the US who is also born to a British father is not a “natural born citizen” by  stating – in 1916 – about Presidential candidate Charles Evans Hughes:

“It is not disputed that Mr. Hughes is not a citizen of the United States, but if he had the right to elect, he must have had something to choose between. He was native born because he was born in this country, and he is now a native born citizen because he is now a citizen of this country; but, had he been a “natural born” citizen, he would not have had the right to choose between this country and England; he would have had nothing to choose between; he would have owed his sole allegiance to the government of the United States, and there would have been no possible question, whether he found himself in the United States or in any other country in the world, that he would be called upon to show allegiance to any Government but that of the United States.”

There you have a lifelong Democrat politician – who served at a high level of Government service – making the argument that President Obama would not be eligible to the office of President despite his place of birth.  Is the former Democrat Secretary of State now to be retroactively attacked as a wing nut birther?

The historical dam is breaking as more and more evidence surfaces proving Obama is not eligible.  A reader of this blog who has asked to remain anonymous recently provided further historical proof that Obama is not eligible to be president. The New Englander And Yale Law Review, Volume 3 (1845) states:

The expression ‘citizen of the United States occurs in the clauses prescribing qualifications for Representatives, for Senators, and for President.  In the latter, the term ‘natural born citizen’ is used and excludes all persons owing allegiance by birth to foreign states.

That is serious on point historical research.  At the time of his birth, Obama owed allegiance to Great Britain.  That is not disputed, it is admitted by the President himself.  And this admission is the true problem Obama faces should this issue ever make its way to the Supreme Court.  Obama owed allegiance to great Britain when he was born.

In a previous article, I highlighted the opinion of Alexander Porter Morse, taken from the Albany Law Review article entitled, “NATURAL-BORN CITIZEN OF THE UNITED STATES: ELIGIBILITY FOR THE OFFICE OF PRESIDENT”:

“If it was intended that anybody who was a citizen by birth should be eligible, it would only have been necessary to say, “no person, except a native-born citizen”; but the framers thought it wise, in view of the probable influx of European immigration, to provide that the president should at least be the child of citizens owing allegiance to the United States at the time of his birth. It may be observed in passing that the current phrase “native-born citizen” is well understood; but it is pleonasm and should be discarded; and the correct designation, “native citizen” should be substituted in all constitutional and statutory enactments, in judicial decisions and in legal discussions where accuracy and precise language are  essential  to intelligent discussion.”

It’s a rather clear testimony to the fact that simply being “native born” does not mean that one is “natural born” but “accuracy and intelligent discussion” are not the goals of propaganda.  A fraudulent blogger who shall remain nameless attempted to justify Obama’s eligibility with the following lie:

“Some people have confused Alexander Morse’s paper on child born (abroad) to two US citizens being natural born citizens as a necessary requirement. Of course, anyone familiar with Alexander Morse realizes that he never held such a position…”

It appears the liar has selectively failed to read the quote above as well as Mr. Morse’s letter to the Albany Law Journal of December 18th, 1884, which states:

It seems to the undersigned, aside from judicial sanction, that the children of aliens born in the United States are, to use the language of Judge Cooley in another connection, ” subject to the jurisdiction of the United States only in a much qualified sense; ” until they take some steps submitting themselves to the jurisdiction…

This letter was written in 1884 – before Wong Kim Ark was decided.  His article quoted above, was written in 1904 – after Wong Kim Ark.   The historical evidence proves that Morse held the same point of view before and after Wong Kim Ark.  The article and the letter both indicate clearly that Morse would not have agreed Obama was eligible.

History, what a concept.

Leo C. Donofrio, Esq.

Pidgeon & Donofrio GP

Chrysler Appeal Assigned In Southern District Of New York.

Posted in Uncategorized on April 16, 2010 by naturalborncitizen

The Chrysler appeal by the rejected dealers has been assigned to the Honorable Judge Alvin K. Hellerstein in the District Court for the Southern District of New York.

Steve Pidgeon has been admitted pro hac vice in the Southern District.  My application will be filed next week.   Because our original pro hac vice applications arrived before the case was issued a docket number, they were returned by the Clerk’s office.  But we have yet to receive the package which included my certificate of good standing issued by the NJ Board of Bar Examiners.  Therefore, another one must be ordered.  Regardless, Steve has now been admitted, our appellate brief has been filed and the record is complete.

Both Steve and I will appear when oral argument is scheduled.

You may read the full appellate brief here.  We are waiting on the response by Old Chrysler.

Leo C. Donofrio, Esq.

Pidgeon & Donofrio GP

Important New Twist In Natural Born Citizen History At Post & Email

Posted in Uncategorized on April 6, 2010 by naturalborncitizen

[UPDATE: Nbc-gate widens with a follow up by The Post & Email, titled Lifelong Democrat Breckinridge Long: “Natural Born Citizen” means born on the soil to a father who is a citizen]

Sharon Rondeau at The Post & Email highlights a very important historical analysis of the natural born citizen clause with regard to former Presidential candidate Charles Evans Hughes:

During his presidential campaign, Hughes’s eligibility for the presidency was questioned because his father remained a British citizen. Breckenridge Long, an attorney and graduate of Washington University Law School who later served as Secretary of State as well as U.S. ambassador to Italy under FDR, examined the issue in an article entitled “Is Mr. Charles Evans Hughes a ‘Natural Born Citizen’ within the Meaning of the Constitution?”  Published in the “Chicago Legal News,” Vol. 146, p. 220 in 1916, the article begins:

Whether Mr. Hughes is, or is not, a “natural born” citizen within the meaning of the Constitution, so as to make him eligible, or ineligible, to assume the office of President, presents an interesting inquiry.

He was born in this country and is beyond question “native born.”  But is there not a distinction “native born” and “natural born”?  At the time he was born his father and mother were subjects of England.  His father had not then been naturalized.

Long goes on to make the case that Hughes was not a natural born citizen.

Furthermore, the Long article fails to mention former President Chester Arthur.  Had Long knew Chester Arthur had also been born to a British subject father, then Long would have been forced to discuss that fact.  But he didn’t.  The general public didn’t know Chester Arthur’s father was a British subject when Chester was born until December 2008 when that fact was first published right here.

And so, NBC-gate widens on a daily basis.


World Net Daily Exclusive: “Why Obama is ineligible – regardless of his birthplace”.

Posted in Uncategorized on April 1, 2010 by naturalborncitizen

Today, World Net Daily published my commentary, entitled “Why Obama is ineligible – regardless of his birthplace”.  WND has been stepping up their coverage of Obama’s dual nationality at birth issue, and I’ve been more and more impressed with that coverage so I offered to write an essay summarizing the relevant Supreme Court decisions and law review articles.  They took me up on the offer and published it verbatim.  You may read the article at the link provided above.

In the WND article, I also direct readers to a brilliantly comprehensive etymological deconstruction of the term “natural born Citizen,”  “What Is A Natural Born Citizen Of The United States?” by John Greschak.  Please read that as well.  You might start with the summary before taking on the entire analysis.  I was very impressed by the author’s effort.

I must also thank Linda from Constitutionally Speaking for discovering the Alexander Porter Morse essay entitled, “NATURAL-BORN CITIZEN OF THE UNITED STATES: ELIGIBILITY FOR THE OFFICE OF PRESIDENT” (Albany Law Journal Vol. 66 (1904-1905)):

~~~~~~

On a side note, the Chrysler appeal is moving along in the Southern District of New York.  I will continue to update this blog as developments occur.

Leo Donofrio, Esq.