Thursday, December 15, 2011

FROM LOS ANGELES TO RANCHO MIRAGE

!!!!


Ben Stein's Diary

It's Gingrich-Huntsman


A very clear view from Rancho Mirage.

Monday

A grueling drive down from rainy Los Angeles to Rancho Mirage. It is about the drabbest drive there is anywhere on earth. The New Jersey Turnpike is like the 17 Mile Drive in Carmel by comparison.
We always make a lot of stops because, well, because we're old and get tired easily. I visited with people at a hotel in Ontario, then at a CVS and a gas station in Calimesa, and at a Bob's Big Boy. I am like a small town politician and my district runs along Highway 10 from Los Angeles to Rancho Mirage.


In Rancho Mirage, we stopped at Pavilions to buy a few animal food things. The immense superstore was eerily empty. Only a few elderly men and women, alone, not in couples, shopped carefully for cat food and casually for frozen TV dinners. They looked desperately lonely. What if I were one of them? And how much it evokes my father when my mother died. He was miserable until he met a woman who took him to concerts at the Kennedy Center. Then he was happy. A good woman is everything.


I had wandered far away in the store from Big Wifey and suddenly I could not see her any longer. I got frightened. What if she were gone? What if I were alone without my wife? I was totally scared. I don't want to be 67 and alone. Or any age and alone.


I scurried around and found her smiling her big Denman grin at the checkout counter. Now, it's Christmas. My gift from God was standing there looking at magazines. The most beautiful, kindest, smartest, most loving, most generous woman, with the best sense of humor on this earth. The best creature I have ever encountered and I get to have her as my wife. It is Christmas all year long. I think my wife has more of the spirit of “love thy neighbor as thyself" than anyone else I have ever met. She's literally the best person on the planet and I get to call her Big Wifey! CHRISTMAS! EVERY DAY!


We got home, unpacked, rested, then went up to the clubhouse for dinner. There was almost no one else there. We watched C-Span, by far the best reality channel there is, as we ate. On air was a calm, extremely thoughtful debate between the next President of the United States, Newt Gingrich, and the next Vice President, Jon Huntsman. This was a scholar's debate. Long, intelligent answers, no glib bullet points, no wisecracks, no zingers. Just a super smart analysis of foreign policy and defense issues.


My wife and I were awed. These guys have it over Barack Obama and Joe Biden by so much it's almost unbelievable. They are truly impressive. Newt's position on defense -- get the best defense you can and need and then figure out how to pay for it; sequestration -- the worst possible way to play the budget game; Iran -- the greatest threat on the planet -- all of these were brilliant. He loves America. He loves Israel. He loves freedom. He is not bent over with self-loathing and conflict. I like him.
This is vital: Newt stands up for America. So does Mr. Huntsman. I see them as dynamic campaigners and I see Newt knocking Obama out in every debate. Comparing Mr. Huntsman with Joe Biden is just plain cruel to my neighbor from Delaware.
I like these guys and now I have hope. If I were Mr. Obama, I would be worried.


Then, back home and a long, long swim under the stars. Perfect. We have a lot of worries at home in town with intruders and scary lawyers. But out here, it's calm and peaceful. It's Christmas.

About the Author

Ben Stein is a writer, actor, economist, and lawyer living in Beverly Hills and Malibu. He writes "Ben Stein's Diary" for every issue of The American Spectator.

Wednesday, December 14, 2011

MARCO RUBIO IS NOT ELIGIBLE TO BE PRESIDENT OF THE UNITED STATES

!!!!



Nearly half of the Latino voters in a new survey said nominating Sen. Marco Rubio as a vice presidential candidate would have no effect on their votes.




I am an ardent fan of Senator Marco Rubio!

I believe that he has a great future as a United States Senator.


 He is bright, intelligent, conservative and politically very smart.

He accumulated a lot of praise for his work as Speaker of the House of the Florida State Legislature.

He is attracting a lot of attention nationally now as a United States Senator.

Inevitably he is being mentioned as a possible choice for Vice-President if a Republican should win the presidency in  2012.  

However, I am very sorry to have to say that he is neither eligible to be Vice-President in 2012 nor President in 2016.


The reason is because, like Barack Hussein Obama, Marco Rubio is not a NATURAL BORN CITIZEN within the meaning of that term as set forth by the United States Constitution in Article 2 and in the United States Supreme Court decision in the case Minor v Happersett.  Here is the relevant passage from that decision:


At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.  (Minor v. Happersett, 88 U.S. 162, 167 [1874])

Like Barack Hussein Obama, Marco Rubio was not born in the United States of parents who at the time of his birth were citizens of the United States.


IT IS FRAUD, CORRUPTION OF OUR LEGAL SYSTEM, POLITICAL SABOTAGE

!!!!


December 14, 2011

JustiaGate: 'Natural Born' Supreme Court Citations Disappear

By Dianna C. Cotter with L. Donofrio Esq.

http://www.americanthinker.com/2011/12/m-justiagate_natural_born_supreme_court_citations_disappear.html

Did Justia.com deliberately aid Barack Obama in 2008 by helping to hide the one legal case that might prevent him from legally qualifying for the presidency?


On October 20, 2011, New Jersey attorney Leo Donofrio accused online legal research behemoth Justia.com of surgically redacting important information from their publication of 25 U.S. Supreme Court opinions which cite Minor v. Happersett, an 1874 decision which arguably contains language that appears to disqualify anyone from presidential eligibility who wasn't born in the country to parents who were citizens.  According to the decision in Happersett:

At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.  (Minor v. Happersett, 88 U.S. 162, 167 [1874])


Justia is a Google Mini-powered website which has singled itself out as one of the most comprehensive and easy-to-search legal sites on the internet.  Other legal resources such as Lexis can cost as much as $5,000 a month for a subscription, and it's impossible to hyperlink to cases which include copyrighted headnotes and analysis.  This is why powerful law firms such as Perkins Coie (where former Obama White House Counsel Bob Bauer practices law) have cited Justia's pages.
The Wayback Machine, run by InternetArchive.Org, is the means by which the changes made at Justia were documented over time.  Among the first responses from Justia regarding this controversy was to block its Supreme Court Server from being viewed by the Wayback Machine.


Click the following link for an image documenting the pattern of changes made to one of those 25 cases, Luria v. U.S., 231 U.S. 9 (1913).  Notice that the case name "Minor v. Happersett" has been removed, minimizing the case searchability.


The cover-up simply reeks.  While Justia owner Tim Stanley told CNET that there were more cases which had also been "mangled," there is no way to identify how much bogus law was published by Justia over the three-year period in question.  Minor v. Happersett simply disappeared from cases which cited it, minimizing its footprint on the internet at a critical juncture in history -- the election of 2008.


McCarthy v. Briscoe, 429 U.S. 1317 (1976)


On Nov. 3, 2008, one day before the election, Donofrio petitioned the U.S. Supreme Court to stay the ballots in New Jersey from being used the next day in the case Donofrio v. Wells, claiming that the eligibility of both Obama and McCain had not been verified by the NJ secretary of State as required by law.


In his research, Donofrio had found a reference to McCarthy v. Briscoe, 429 U.S. 1317 (1976), an important precedent which allows the Supreme Court -- or even one justice acting alone if an emergency stay is requested -- to order a secretary of state to insert a name on the ballot.  The holding of the case implies a reciprocal power to remove names from ballots for the several secretaries of State, as well as the U.S. Supreme Court.


Back in '08, Donofrio couldn't find the in chambers decision anywhere online.  Forced to go old-school, he procured it from a brick-and-mortar law library.  But to this day, McCarthy v. Briscoe remains elusive at Justia.  If you look in their "Volume" database and click "429," all of the in chambers opinions are mysteriously absent. 


In chambers opinions generally begin on pg. 1,301, but not every official volume has them.  For example, Volume 428 has no in chambers opinions, but 429, 434, and 439 do.  Justia's database for Volumes 434 and 439 do exhibit the in chambers opinions, but Volume 429 has them scrubbed.
If you search Justia's Cases & Opinions by Year in 1976, McCarthy v. Briscoe is listed.  There are two cases, an insignificant one-page opinion at page 1,316, followed by the relevant decision on pg. 1,317.  There are links to the preview as well as "Full Text."  However, all of the links are broken, leading back to Justia's front page.


Additionally, Justia's publication of a following 1977 5th Circuit case, 553 F.2d 1005, includes a hyperlink back to 429 U.S. 1317, and that link is also mysteriously broken.


It would be instructive to track the timeline of changes in the Wayback Machine, but Justia is steadfastly preventing that transparency.  Furthermore, if Justia continues its previous pattern, the links (eg: http://supreme.justia.com/us/429/1317/) will be restored upon publication of this article.  

Take your screenshots now.


With numerous state-level challenges being prepared by opponents of Obama's eligibility for 2012, McCarthy v. Briscoe will be a required citation.  That it continues to be unavailable at Justia seriously calls into question Stanley's contention that the cases on Justia's servers were mangled by an innocent coding error.


This claim of innocent technical error was debunked by Dr. David Hansen, a Ph.D. in computer science.  McCarthy v. Briscoe, 429 U.S. 1317 (1976) at Justia shows a completely different pattern of information removal from what could be explained away by a single coding error which erased case names.


The removal of prior versions of cases from the Wayback Machine by Justia amounts to nothing less than supreme hypocrisy considering Stanley's high stature as a leading light championing transparency of legal information for the public.  


Use at your own risk


Justia in 2008 tangled with the State of Oregon when it downloaded and republished the State Statutes without either informing the state or gaining its permission, in violation of copyright law.  Dexter Johnson, the head of the Office of Oregon State Legislative Counsel Committee reported that the Committee received information that the State Statutes were available at a website other than the state.  Upon investigation, the Committee ultimately decided not to pursue legal action against Justia for copyright violation; instead, "the committee decided to waive its copyright on the Oregon Revised Statutes going forward," said Johnson in a phone interview.


It is left to a user of Justia to verify the information to be found within its pages, despite a disclaimer of "Full Text of Case" on its pages.  Upon inquiry with the U.S. Supreme Court, Patricia McCabe Estrada, deputy public information officer of the U.S. Supreme Court, responded that "the official opinions of the Supreme Court are posted on the Court's Website and we don't generally monitor other sites." 


Johnson says Oregon also does not have a monitoring policy in place.  When asked how a person using Justia's services would know if he were receiving accurate information or not, Johnson replied:


The only way, it seems to me, would be to compare that with what's on the legislature's website. In which case you might as well go directly to the legislature's website. It's one of the reasons why we had originally suggested that they have their website simply point in the direction of our own.


Justia publishes SCOTUS cases with the positive affirmation "Full Text of Case."  Clearly this was not done with regards to the specific opinions it redacted and covered up.  Whether a violation of law or not, various non-profit agencies, students, law firms, and private researchers who relied upon Justia's services remain in the dark, unable to determine if their research materials were altered by Justia, as the company has released neither what it redacted nor in what cases.  Without an effective means of verifying accuracy, Justia's transparency and credibility are questionable.


Public.Resource.Org


It turns out that Justia received additional help from their close counterpart in the open government information movement, Public.Resource.Org (PRO), founded and run by Carl Malamud.  Malamud was also the chief technology officer for The Center for American Progress, a progressive think-tank funded in part by none other than George Soros.  Tim Stanley is on the Board of Trustees at Public.Resource.Org, and Justia is PRO's top benefactor.  Stanley is also a co-convenor of Malamud's Law.gov organization, which, despite appearances, is not a government entity. 
PRO makes available a huge database of court cases to other organizations such as the Cornell Legal Institute, which has now been dragged into the Justia mess through a case that cements Minor v. Happersett as defining "Natural Born Citizen."  Ex Parte: Lockwood  states:


In Minor v. Happersett, 21 Wall. 162, this court held that the word 'citizen' is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since[.]"  (Emphasis added.)


However, at Cornell, the opinion is cut off right after "Minor v.".  Someone searching for "Minor v. Happersett" will be detoured from this case and its holding in support of Minor's precedence.  Cornell's version of Ex Parte: Lockwood is completely mangled.  Yet Lockwood helps prove that the decision in Minor created a legal definition of "Natural Born Citizen," something the national narrative states that no Supreme Court Case has ever done, in part because Minor's importance was effectively obscured.


There has been a deliberate, targeted effort to minimize if not erase the legal importance of Minor v. Happersett in defining the term "Natural Born Citizen."  Justia and PRO champion freedom of information yet at the same time hypocritically redacted the law to suit a political goal.  Justia and Tim Stanley butchered these cases and, when caught, removed Wayback Machine's access to Justia's entire Supreme Court server.  The only thing hidden now is the evidence of Justia's deliberate scrubbing, as the cases are available in the public domain.


Tim Stanley has not returned messages asking for comment on this story at time of publication.  Sometime last week, Justia added a disclaimer at the bottom of its SCOTUS case texts:


Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.


The disclaimer speaks volumes about the credibility and accuracy of Justia.com.



COMMENTS ON AMERICANTHINKER

Showing 18 comments

  • What is incredible to me, is that we have a mountain of hidden or fabricated facts about Obama's life prior to his selection as president. No transcripts from any of the colleges he attended, no one at these schools remember him. A trip to Pakistan when no American would normally be allowed to enter the country. Two highly lauded books which now appear to be ghostwritten frauds. We have evidence of voter fraud and intimidation during both the primary process and the general election. We have many "coincidences" such as the timely disappearance of pertinent information on Justia dot com and  yet to mention any of this in public is to be thrown into the category of "tin foil hat" wearing fool. Call me a fool, but this man and his entire administration stinks on ice.
  • The audacity, hoping no one would notice. Thank goodness we have intrepid true journalists like you.  The unfathomable becomes ever more believable with each discovery like yours that hints at the extensive preemptive and follow-on manipulation of information the purveyors of "the facts" carried out in order to smooth over any bumps on the road to the left's anticipated glory days.

  • Just like the relentless efforts of the NAZI hunters, continue your pursuit. when you bring this fraud to justice with all his enablers and abettors, the "oceans will recede, the tyranny will be overturned, and America will rise again". thank you!

  • The good ole USA. Our laws are only as good as our lawyers internet skills? OMG. I love a hard copy. It's why they made them. I have lots of books. More importantly, I know where to get them. This doesn't seem that hard to me, and yet we have an illegal running our country. As far as anyone knows. What's an uneducated guy to do? Inconsolable weeping?


  • TonyRome Today 07:52 AM
    Can anyone tell me why the main stream media (includes Fox as of late) hasn't covered this story?  I will save you the time to think about it, they are all carrying Barack Hussein Obama's water.  They all fear that if they criticize Barack they will be labeled racist.   Shame on all of them.  Starting in 2003 Congress made no less than 8 attempts to change the Constitutional requirement that a person who wanted to be POTUS or VP had to be a "natural born Citizen."  This is proof positive that the Congress of the United States knows what was meant by "natural born Citizen" or they would not have made such a strong effort to change the requirement avoiding the use of an amendment. 

    The fact that Barack Hussein Obama was not forced into a vetting process which John McCain was forced into to prove he was a "natural born Citizen" will eventually result in nothing but total embarrassment for our nation and in particular our Congress.  McCain proved he was a "natural born Citizen" via a birth certificate that showed both his parents were American citizens at the time he was born.  Barack will never qualify and he is presently...
    show more
     


  • borderraven Today 08:03 AM 
    "At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.  (Minor v. Happersett, 88 U.S. 162, 167 [1874])"

    Two words in the above quote bear weight. In the clause "it was never doubted that all children born in a country of parents who were its citizens became themselves", the word "in" implies jus soli and the word "of" implies jus sanginis. So, if the phrase were written, "it was never doubted that all children born jus soli in a country jus sanguinis of parents who were its citizens became themselves...".

  •  
    imsi12b Today 08:20 AM 
    Wish I could say something as lofty as my predecessors here, but all I can think of is George Orwell's "Animal Farm" where every time the other animals (the non-pigs) looked at the Constitution it was slightly different than they remembered it.


  • Chrisden Today 09:07 AM 
    Why has nothing been done about this issue?  Why have we allowed the "coverup" to continue?  I have to believe that our entire government and legal system have been corrupted.  I told my Senator about Minor v. Happersett 3 years ago.  His response was that Congress declared Obama a citizen (nothing said about the natural born requirement) and thus eligible for POTUS.  Case closed.  The entire ruling class is involved in this coverup.

  • Our enemies have told us that they were going to destroy this great country from within for decades and the older I become the more I see their desires and threats coming to fruition.  And with the election of Barack Hussein Obama our enemies have truly grasped the golden ring and yet, with all the utter disasters and imcompetence displayed by this Nowhere Man in the Oval Office, he is still polling in the 40+ percentages and could win re-election.  This is utterly nightmarish and while reading this excellent article I know my blood pressure must have gone off the scale realizing just how deep the conspiracy to protect 0bama runs and how wide its tenacles continue to grow with each new revelation.

    In a lighter point, I sure do hope Mr. Peabody and Sherman can get that Way Back Machine fixed and please give me a call when you do, I would love to tag along and go back for a short respite from all that I see and hear going on in a very screwed up world -- maybe to when I was eight years old when my biggest fear was that a rain shower was going to cause the cancellation...
    show more
     
  • So JustiaGate committed fraud...shame on them. The question remains how did this help Obama bypass the law? Is there not any old dusty law books and court records regarding Minor v. Happersett. Oh that's right you found those court cases without Justiagate. It appears to be settle by the supreme court the Natural Born clause definition. Now what do we do about it since it is settled law?

  • Just another coverup in an administration of cover ups. It sickens me to think that all of the future generations will suffer directly as a result of the election of this non american hateful leftist to the lofty position of president. When I joined military years ago the FBI background check for a secret security clearance went all the way back to my 5th grade teacher, I was born and raised in one place and attended one school system from 1-12 grade. I cannot believe that our great nation has devolved into such a patently oblivious state.

    2012 is the last hope, either we get the elitist in D/C back under the rule of law or this nation is doomed to the ashpit of history. History will not be kind to those who sat back and allowed this to occur. Think of the normal nation loving Germans who sat on the sidelines or the soldiers who herded 6 million jews into the rail cars and killing stations. Rational thinking Americans blinded by political correctness are quickly becoming the next in a long line of sheep being lead by the Judas goats into the grinder of socialism.


  • angrytom 41 minutes ago
    There has to be a direct challenge from a lawyer for the client challenging the issue.Where are these people? Why are they waiting for?

  • I would urge fellow conservatives to exercise a bit of skepticism and not accept every new conspiracy theory that pops up.  At most, the authors have shown that Justia's version of old cases aren't necessarily accurate.  However, they haven't shown that the discrepancies exist due to a deliberate effort to hide “conservative” cases from public view .  If we're really interested in avoiding the "tin hat" label, let's be realistic about a few things:  1. Justia’s entire business model depends on people accepting the accuracy of its online databases.  Given this, how likely is it that its officers would intentionally misrepresent the text of old cases, KNOWING that there are myriad correct versions of those same cases available both to the public and, more importantly, to lawyers and judges?  2.  If Justia were trying to "diminish the importance" of Minor v. Happersett in establishing a definition of NBC, wouldn't it make a great deal more sense for them to alter that particular case in some way (or disappear it completely) rather than simply alter cases that cite to Minor?  3.  Wouldn't any lawyer or judge actually involved in litigating the NBC issue be aware of the existence and significance of Minor  and thus address that case as part of their analysis of the issue?  I'm trying hard...
    show more
     

  • Muldoon1 29 minutes ago
    What kind of movie are we watching, what kind of book are we reading, to where this situation is allowed to continue. How can little barry be placed on state ballots without being properly vetted. We have a little over 10 months to correct this wrong before the 2012 election, and no one with the power to fix this seems concerned. If this is not corrected, in my mind, it proves the Republicans are complicit in this scheme to defraud the American people. I expect as much from the socialists, but for the Repubs to sit idly by and watch this happen is unthinkable!

  • So what?

    Obama is in place and possession is 9/10 of the law. Obama with his troops depend on this. They  are living their "dream". Long planned and engineered in America, as  in Europe with the present EU fiasco, i.e. the entire West. Obama is culmination of Progressives aims. To transform, to change a strong  structure it is necessary to "deconstruct" to make way for the "new".They "know their enemy" and use this most important rule of warfare very successfully. The engines of the nation have BEEN GIVEN  into their hands to drive the nation to where  they want because they have no serious effective opponents to stop him/them  from their  attacks on the nation's laws and structure. Few  willing to risk, singly or in cooperation, their seats on the gravy train of politics to stop him.

    Few  in those positions to which has been given the DUTY to stop unlawful arrogations of power: Congress, Senate and Judiciary. All busy playing in-group games, bowing and kneeling to this Obama and his generals for  personal advantage, or seeking ways for self aggrandisement in "not letting a crisis go to waste". Forgotten is their bounden duty to their oath of office in their contract with...
    show more
     
  • This article is years late, although another was published here a few months ago. Like everyone else is asking; do something! Don't just write an article exposing it. Find someone to file a law suit. This is where the GOP gets its head handed to it everytime-the media and legal war. It is a conspiracy (war) of sorts and the socialists are cleaning our clocks!!

    I am an unemployed nuclear technician, I do not have the resources but I have ideas. One is the fight over this issue was over on election day 2008-welcome to the party.


  • DaveOregon 19 minutes ago
    After reading this - dod you really want the government controlling the Internet? Obummer and his allys - which seem to be many in private as well as public domain - are rewriting facts and creating fiction and posting/publishing it as facts. No government agency should ever be able to control the content of the internet; you should be prosecuted for knowingly providing false inforamtion; prosecuted for knowingly abridging court records, etc. Bankers, financial managers and attorneys working in collusion with communist/socialists to get Obummer elected. Saw that coming -remember "Manchurian Candidate" - coure Hillary Clinton was the Chinese's main effort there - but Obummer was their "ace" in the hole. We are in one sorry state of affairs people...not sure we can stop the ship from sinking if no one admits the boat has holes in the hull.


  • inspectorudy 14 minutes ago
    This says a lot about the state of our nation. For a legal reference web site to DELIBERATELY erase information that may be used by site PAYING visitors is a total violation of trust. How can anyone in the future trust a web site that they know has lied or cheated in the past? This is on a par with Wikipedia and there totally unreliable definitions. Who at this point in time would ever pay to use their service again? I am thankful that someone has gone to the trouble to ferret out this deliberate lie and I can only hope that you are able to entice the networks to make an issue of it. Good work.

GOODBYE U.S. CONSTITUTION, HELLO TOTALITARIANISM

!!!!



Permit Me A Diatribe

by Leo Donofrio

http://naturalborncitizen.wordpress.com/

Posted in Uncategorized on December 14, 2011 by naturalborncitizen

Let’s talk about the Constitution.  This is a Document that provided the means by which justice could prevail.  Before it was created, there was slavery.  At first, the document allowed it to continue.  But the men who drafted it were humbled by the faith citizens had put in them and the blood of brothers who died for each other.  Their triumph over the tyranny of monarchs humbled them.  The creation of the nation changed them, changed the way they thought.


In order to end slavery, they needed to create jurisdiction over the South.  Thomas Jefferson and George Washington owned slaves.  After the revolution, Washington provided for their freedom and gave his entire estate to them to keep them free and safe.  The Revolution humbled him and changed him.


Some original provisions of the Constitution may seem counter-intuitive now, but in the end the Document was amended and slavery died.  Had they pushed too hard for it at first, there would never have been jurisdiction over the South.


The framers needed to create jurisdiction over the South thereby growing forces and using taxes available from the South.  Would Jefferson have commanded the respect of the South had he not owned slaves?  Food for thought.  It took longer than they hoped, but the Constitution got the job done and those who were previously slaves became equal citizens.


This week I’ve been listening to the Lincoln/Douglas debates.  Stephen Douglas makes me want to puke.  And some of the things Lincoln said do too.  But I am convinced Lincoln was playing chess the whole time.  He won that chess game, ended slavery and paid for that victory with a bullet to his skull.  Rest in peace, Abe.

Would slavery ever have ended had the Constitution not been written?  We don’t know.  But the world would be a very different place without the Document.  My point in all of this is to highlight just what a miracle of liberty the Constitution is.  It involved a process of thinking ahead and creative intuition.  It has kept this nation free, strong and proud.  Men willingly die for it.


So what it is to come of it?


We have told the world – rightfully – that our system of government is the best known to man.  We proclaim the public holiness of civil liberties in the Bill of Rights to all nations.  And hearing our call, the downtrodden flocked to us and made us great.


But as to those very liberties, the current federal occupants now say…”not so much”.  Suddenly, they tell us our jury system must no longer be available to us if one man – the President – decides we are to be taken in the middle of the night and locked in a small black box indefinitely and without due process of law.  (I don’t refer to the current President specifically, I refer to the office in general, and for decades to come.)


This is Constitutional depravity defined.


Why is this necessary? It’s certainly not.  Our system works brilliantly.  That’s why men die for it.
Our dear leaders now tells us in Senate Bill 1867 that we must forfeit our Constitutional safeguards.  Isn’t this a victory and concession to terrorists?  Because of their belligerent acts, our liberties are now required to be suspended?  How is that not a victory for terrorism?


True enemies hate our Constitution.  They know it stands as a wall of protection from foreign ideologies which we deplore.  And now our leaders are doing their dirty work for them.  I say that those who are taking our liberties away are in league with terrorists.  Treason can be indirect.  SB 1867 is treason.


But it’s not the first.  When Congress rendered the 5th Amendment power of presentment “obsolete”, that was treason.


And then we have the natural-born citizen clause.  They tell us that the children of Osama Bin Laden and Kim Jong Il can be Commander In Chief of our armed forces.  Would that not be treason?


The 1st Amendment protects against the establishment of religion.  But it still says “In God We Trust” on federal reserve notes.  The God mentioned on the dollar bill is not my God.  The symbols of the pyramid and the eye do not represent my faith.  So why are they there?  The 1st Amendment does not allow for them, but they remain.  If we sanction even one exception for religion, we are paving the way to a funeral for the 1st Amendment.  What if  the majority wants Sharia law?  What if the minority wants Satanism?  My Father in heaven has no need for money.  And he doesn’t require worship in Congress or any municipal place.


He only requires the pure silence of your hearts… but our Constitution requires your loudest proclamations of faith.  Raise up your voices as one.  Surround the Document.  Shield it for your posterity.  It is bleeding and its blood now stains the very lips of usurpation.  The time is nigh, America.

Make a stand.

Stop Senate Bill 1867.

-   Leo Donofrio, Esq.

Monday, December 12, 2011

IS NEWT A HINDENBURG AIRSHIP ?

!!!!

Cool Hand Newt?

by Paul A. Gigot, Editorial Page Editor 
The Wall Street Journal
Political Diary Online
Monday, 12 December 11
Newt Gingrich is at his scrappy best as the underdog or minority leader. He tends to get into trouble when he's riding high and begins to let his sense of personal historical destiny get the better of his judgment. Now that he's leading in the GOP presidential polls, the big question is whether he can control his tendency toward condescension and vainglory.
His first test came in Saturday night's ABC-TV debate, and he held up well. Under attack from nearly all sides, he kept his sense of humor, sheathed his snarl, and cheerfully rebutted the accusations. His sharpest reply noted that the only reason Mitt Romney isn't a career politician is because he'd lost a Senate race to Ted Kennedy in 1994. But the gibe was softened with a matter-of-fact delivery and a can-you-believe-this smile. The closest he came to a sneer came in a reply to the "Newt Romney" barbs of Michele Bachmann, whose practiced sound bites must be hard to take given her general lack of depth. But Mr. Gingrich never stepped over the line that would make him look mean.
The former House Speaker was especially good in admitting his marital mistakes and saying he'd had to seek "forgiveness" and "reconciliation." He also made the best of the hash he had made earlier in the week by calling the Palestinians an "invented" people. That earlier remark showed Mr. Gingrich still likes to be the candidate-provocateur, and his campaign had to backtrack on Saturday and say he didn't mean that the Palestinians had no right to a state. By the debate, Mr. Gingrich put the issue in its proper context, which is the continuing Palestinian use of terror against Israel.
Can Mr. Gingrich maintain his message and personality discipline? His advisers say he's mellowed with age and since his conversion to Catholicism and that he has a new calm about him. Others say he can't help himself -- and that he is, in the analogy offered by one Republican, "the Hindenburg," a hydrogen airship that will blow up sooner or later. The nomination may hang on who's right.

THE EMPEROR HAS NO CLOTHES, HIS KANSAS SPEECH PROVES IT

!!!!




Republicans who favor Newt Gingrich over Mitt Romney are making a big mistake, New York Times conservative Ross Douthat argues in an extraordinarily interesting column. Support for Gingrich, Douthat argues, arises from "a desperate desire to somehow beat Barack Obama at his own game, and to explode what conservatives consider the great fantasy of the 2008 campaign--the conceit that Obama possessed an unmatched brilliance and an unprecedented eloquence."


That is a mistake, Douthat argues, because everybody has already figured out that the emperor is unclad:
It isn't 2008 anymore, and conservatives don't actually need to explode the fantasy of Obama's eloquence and omnicompetence. The harsh reality of governing has already done that for them. Nobody awaits the president's speeches with panting anticipation these days, or expects him to slay his opponents with the power of his intellect. Obamamania peaked with the inauguration, and it's been ebbing ever since.


We've been sounding the theme of Obama's intellectual inadequacy since at least October 2010. Our colleague Bret Stephens was also ahead of the game with his August 2011 column titled "Is Obama Smart?" Lately, though, the subject has been much more widely remarked upon, especially after the president's latest dreadful speech, last week in Kansas. The usually mild-mannered Peter Wehner of Commentary declared the president a "political hack":
In his speech in Osawatomie, Kansas, President Obama took another stab at summarizing the philosophy of the Republican Party. And this is the best Obama could do: "Their philosophy is simple: We are better off when everybody is left to fend for themselves and play by their own rules."
This is a silly and intentionally misleading statement--silly because it's so transparently false and intentionally misleading because the president surely cannot believe his own rhetoric. The problem for Obama is it's becoming a pattern. Earlier this year, he charged that Republicans want the elderly, autistic children and children with Down syndrome to "fend for themselves."
After that, he told us the GOP plan is "dirtier air, dirtier water, less people with health insurance." . . .
These are the kinds of things a politically desperate and intellectually bankrupt politician says. The president must believe he cannot win a debate on philosophy on the merits, so he instead employs the crudest caricatures he can.


The Washington Examiner's Michael Barone:
Democrats like to think of themselves as the party of smart people. And over the last four years we have heard countless encomiums, and not just from Democrats, of the intellect and perceptiveness of Barack Obama. But a reading of the text of Obama's December 6 speech at Osawatomie, Kansas, billed as one of his big speeches of the year, shows him to be something like the opposite.
Even by the standards of campaign rhetoric, this is a shockingly shoddy piece of work. . . . What's really staggering is the weakness of his public policy arguments. The long-term unsustainability of our entitlement programs he blames solely on the 2001 and 2003 tax cuts--an explanation no serious observer regards as anything but incomplete, to say the least. He points to growing income inequality and to remedy it advocates policies that are utterly inadequate to the task. We need to be "making education a national mission," he says, and in essence argues for channeling more money to teacher union members.


Douthat, however, deserves some special credit. Given the eagerness of New York Times liberals to find ways of charging conservatives with racism, it takes some courage for a New York Times conservative to disparage the intellect of the first black president.



[botwt1212]

"What we have here, it seems [is] a president who has no serious interest in public policy," Barone concludes. "Those who pride themselves on belonging to the party of smart people should be embarrassed."


A smart Democrat might observe that, unlike the children of Lake Wobegon, the American electorate includes many people who are below average. They're entitled to a little representation, as Sen. Roman Hruska famously observed; and outside a few college-town districts, no politician will ever win election by appealing only to the far right of the bell curve. By this argument, Obama's populist appeal has a practical justification, even if its content is embarrassing.


But the funny thing about "populism" is that it doesn't seem to be very popular. As Mickey Kaus observes (ellipses in original):
So pro-business, centrist chief of staff William Daley is demoted, Obama moves to a feisty, fight back, progressive posture, casting Republicans as the party of the 1%, and . . . he loses three points in Ohio? Isn't Ohio one of the states where populism is supposed to work? . . . The poll in question was taken before Obama's big "inequality" speech in Kansas. Still . . . the shift's been going on for weeks. . . . Look at this chart of the President's national approval rating and tell me it's working.


Yet it would overstate the case to say that Obama's so-called populism, or "flopulism" in Kaus's droll portmanteau, is completely without appeal. There is one group that just loved the Kansas speech. Among its members were journalists like E.J. "Baghdad Bob" Dionne, Joe Klein and the editorial board of the New York Times, along with academics such as Robert Reich, Geoffrey Stone and Michael Kazin.


There's an irony for you. The one group to which the president's brainless bashing of businessmen and conservatives appeals consists of . . . intellectuals. Or, as Barone puts it, "those who pride themselves on belonging to the party of smart people." Obama's appeal to these self-styled brainiacs is not reasoned but emotional: He taps into their resentments.


The lefty intellectual resents successful businessmen and conservatives because they threaten his own sense of superiority. Wealthy businessmen's material success is a mark of higher status than the professor or journalist's mere affluence. Conservative politicians act as if the lefty intellectual is not morally superior. In addition, conservative intellectuals challenge his sense of cognitive superiority. Within journalism and academia conservatives are smarter than liberals on average, because the former are those who have managed to succeed despite going against the grain ideologically.


Left-liberal intellectuals, then, fail to appreciate the intellectual shallowness of the president's class-warfare rhetoric because it seduces them by reinforcing their own superiority over competing elites.
The Kleins and Dionnes, Reichs and Kazins are never going to be won over by Newt Gingrich, no matter how well he does in debate against Obama. Is anyone else? Douthat plausibly doubts it:
Gingrich might debate circles around Obama. He might implode spectacularly, making a hot mess of himself while the president keeps his famous cool. But either way, setting up a grand rhetorical showdown seems unlikely to supply a disillusioned country with what it's looking for from Republicans in 2012.
Conservatives may want catharsis, but the rest of the public seems to mainly want reassurance. They already know Barack Obama isn't the messiah he was once cracked up to be. What they don't know is whether they can trust anyone else to do better.

This is the best argument against Gingrich that we've heard. Everyone old enough to remember the late 1990s is aware of his weaknesses. But Douthat raises a pertinent question about the former speaker's greatest strength. Anyone who's watched the Republican debates this year knows Gingrich is capable of performing dazzlingly. But if Douthat is right about the degree to which Obama's intellect has already been discounted (except among lefty intellectuals), a dazzling debate performance may be neither necessary nor sufficient to defeat the president.


Another possibility occurs to us: What if Gingrich does get elected president after out-debating weak opponents, then proceeds to overread his mandate and overreach in ways that prove disastrous to his party? That pretty well describes what happened with the guy who won in 2008.

Tuesday, December 6, 2011

MORE DECEPTION OF THE ISSUE OF NATURAL BORN CITIZENSHIP

!!!!


Debunking The New Natural Born Citizen Congressional Research Propaganda.

http://www.naturalborncitizen.blogspot.org

December 1, 2011



Yesterday, attorney Jack Maskell issued yet another version of his ever changing Congressional Research Memo on POTUS eligibility and the natural-born citizen clause.  The CRS memo is actually a blessing for me in that I’ve been putting a comprehensive report together on this issue for about a month now.  But not having an official source standing behind the entire body of propaganda made my job more difficult.
The complete refutation will be available soon, but for now I will highlight one particularly deceptive example which illustrates blatant intellectual dishonesty.  On pg. 48, Maskell states:
In one case concerning the identity of a petitioner, the Supreme Court of the United States explained that “[i]t is not disputed that if petitioner is the son” of two Chinese national citizens who were physically in the United States when petitioner was born, then he is “a natural born American citizen ….”221
221 Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920). The Supreme Court also noted there: “It is better that many Chinese immigrants should be improperly admitted than that one natural born citizen of the United States should be permanently excluded from his country.” 253 U.S. at 464.
Reading this yesterday, I had a fleeting moment of self-doubt.  Could I have missed this case?  Did the Supreme Court really state that the son of two aliens was a natural-born citizen?  The Twilight Zone theme suddenly chimed in.  I then clicked over to the actual case, and of course, the Supreme Court said no such thing.
The petitioner was born in California to parents who were both US citizens.  His father was born in the United States and was a citizen by virtue of the holding in US v. Wong Kim Ark.  His mother’ place of birth was not mentioned.  Regardless, she was covered by the derivative citizenship statute, and was, therefore, a US citizen when the child was born.
It was alleged that the petitioner had obtained a false identity and that the citizen parents were not his real parents.  But the Supreme Court rejected the State’s secret evidence on this point and conducted their citizenship analysis based upon an assumption these were petitioner’s real parents.
Having been born in the US of parents who were citizens, petitioner was indeed a natural-born citizen.  But Maskell’s frightening quotation surgery makes it appear as if the petitioner was born of alien parents.  The Supreme Court rejected that contention.  And Maskell’s ruse highlights the depravity of lies being shoved down the nation’s throat on this issue.  I can imagine Mini-Me sitting on his lap while this was being prepared.
When you look carefully at Maskell’s creative use of quotation marks, you’ll see that the statement is NOT a quote from the case, but rather a Frankenstein inspired patchwork.  He starts the reversed vivisection off with the following:
“[i]t is not disputed that if petitioner is the son…”
These are the first few words of a genuine quote from the Court’s opinion.  Then Maskell goes way out of context for the next two body parts.  The first is not in quotation marks:
of two Chinese national citizens who were physically in the United States when petitioner was born, then he is
And finally, an unrelated quote from elsewhere in the Court’s opinion:
“a natural born American citizen ….”
Put it all together and you get the following monstrosity:
…the Supreme Court of the United States explained that “[i]t is not disputed that if petitioner is the son” of two Chinese national citizens who were physically in the United States when petitioner was born, then he is “a natural born American citizen ….”
But the Supreme Court never said that.  Here’s what they actually said:
“It is not disputed that if petitioner is the son of Kwock Tuck Lee and his wife, Tom Ying Shee, he was born to them when they were permanently domiciled in the United States, is a citizen thereof, and is entitled to admission to the country. United States v. Wong Kim Ark, 169 U.S. 649 , 18 Sup. Ct. 456.”  Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920).
This real quote – when liberated from Maskell’s embalming fluid – does not resemble the propaganda at all.
Maskell avoids the inconvenient truth that the Court took direct notice of the authorities having established that the petitioner’s father was born in the US and that he was a voter:
“…the father of the boy was native born and was a voter in that community.”  Id. at 460.
Maskell never mentions that the father and mother were US citizens at the time of petitioner’s birth in California.
This deceitful exercise alone strips the entire memo of all credibility.
Had Maskell simply offered his arguments fairly, using real quotes instead of Frankensteining this crap, I would not have attacked him personally.  But such deceptive behavior deserves no respect whatsoever.  The memo is pure propaganda, and it’s not even shy about it.
LOOMING CONSTITUTIONAL DISASTERS
The timing of the memo’s appearance is alarming.  I have been saying for quite awhile now that Obama doesn’t really have to worry about the natural-born issue coming back to haunt him in court unless he attempts to suspend the Constitution.  I know that sounds paranoid.  And nothing would please me more than to be wrong on that prophecy.  If my fears don’t come to pass, I will gladly wear the tin foil hat of shame.  But the appearance of the updated CRS memo at this particular moment portends a Constitutional disaster.
If Obama attempts to suspend the US Constitution and/or declare martial law and/or suspend the 2012 election… chances of the natural-born citizen issue finding its way to the Supreme Court on the merits increase exponentially.
Leo Donofrio, Esq.

One Response to “Debunking The New Natural Born Citizen Congressional Research Propaganda.”

  1. naturalborncitizen Says:
    More from pg. 460 of the Court’s opinion:
    “Ernest Michaelis, for 26 years a justice of the peace and for many years the official collector of fish licenses, testified, making reference, for purpose of identification, to a photograph of the petitioner. He said he had known the parents of the boy since shortly after he himself went to live at Monterey in 1879; that there were two boys and three girls in the family; that he had seen the petitioner frequently as a little fellow when he went to collect fish licenses (the boy’s father was a fisherman); and had known him ever since; and, referring to the photograph, he declared positively that he was sure of his identity and that he was born in Monterey. He added that the father of the boy was native born and was a voter in that community.”
    I smell desperation. If I ever tried to cut up quotes like this… and re-assemble them in such a recklessly cavalier manner, the Court would thrash me. It would be ugly as all hell. Nobody is submitting Frankenstein’s monster to the SCOTUS, not unless they want to be reemed out in oral argument.
    The CRS memo is so full of holes… swiss cheese of the rotten variety. I would take a sledgehammer to it, but all I need is a xylophone mallet. Coming soon…
    Leo