UPDATED 7:28 PM: True to his form , but not to his word, US Supreme Court, Stay Clerk, Danny Bickell, has not updated the Docket to reflect that my case has come directly from a New Jersey Supreme Court order denying emergency relief. Mr. Bickell informed me that he has kept all reference to the NJ Supreme Court order off the Docket for the same reason he initially did not feed the Emergency Stay Application to Justice Souter back on Nov. 3rd, a semantical falsehood concocted by Mr. Bickell and/or his superiors.
My "Motion For Emergency Injunctive Relief" before the NJ Supreme Court was brought under Rule 2:9-8, which states:
2:9-8. Temporary Relief in Emergent Matters "When necessary, temporary relief, stays, and emergency orders may be granted, with or without notice, by a single Justice of the Supreme Court..."
A stay is a form of injunctive relief which by its nature pertains to emergent matters. When I appealed to the US Supreme Court, I did so by making an "Application for Emergency Stay". Mr. Bickell now claims a specious semantical falsehood to deny me review in the US Supreme Court. This time he alleges that the chain of succession from the NJ Supreme Court to the US Supreme Court was broken by my applying for a "Stay" instead of "injunctive relief" when he knows damn well that a stay is injunctive relief. And the Rule cited by NJ Supreme Court Justice Virginia A. Long in her final denial order specifically refers to "stays and emergency orders":
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." (Emphasis added.)
If Bickell doesn't show on the Docket that the case came from the NJ Supreme Court, it will appear, on the Docket, that I did not exhaust all of my lower court options while I most certainly did. I had to go through a preliminary interview with a NJ Supreme Court staff attorney who recognized the emergency as the election was pending. The staff attorney requested 9 copies of my motion, and 9 copies of my 75 page appendix which cost me $172 to make.
I submitted all of that on Friday October, 31 at 12:27 PM. I have the time-stamp on my Motion. An hour later, I spoke with the staff attorney and was told that multiple Justices were going over the case together. Finally, the NJ Supreme Court denied my request for Emergency Relief, but in so doing, they opened the door to expedited review of the United States Supreme Court when Justice Long, in her order, made specific reference to the NJ Supreme Court having "relied" on "movant's papers" while such papers raised the Constitutional "natural born citizen" issue of first impression.
I did this by the book, the Supreme Court Rule book, but now Mr. Bickell and his keepers are trying to rewrite that book for their own purposes.
Mr. Bickell's motives are now so important that he must be put under oath and questioned about his bizarre, unorthodox, and most likely criminal attempts to keep my case out of the eyes and minds of certain Justices of the US Supreme Court. Indeed, if Mr. Bickell's nefarious clerical sabotage has been concocted to influence the occupancy of The White House than Mr. Bickell may eventually be charged with a felony, if not Treason.
I am outraged and disgusted by Bickell's cavalier piracy of my rights, of your rights, of our rights. And my passion for the law has never been greater than it is right now. I believe in law and order and that all stands must be made under the color of law.
It is time to make a stand for the law. For what is now being done to the law in the holiest legal stronghold this world had ever seen, The United States Supreme Court, is nothing short of a blatant attempt to strangle the last breath from our dying Constitutional system of Government created by the people and for the people. There is a force operating here with the intention of squeezing "we the people" out of the way. And that force is dead set against a single citizen setting a virtuous example for the entire nation to witness. Such audacity will apparently not be tolerated.
USA, your law is under attack tonight. Your entire system of Government is under attack with this case. My case is on sold legal ground and it belongs before the US Supreme Court based upon established State law precedent. No exception to standing need be crafted and there are no other procedural hang ups now standing in its way.
I have followed the law to get this case before the highest court in the land and the only thing stopping full review now is interference from a lowly clerk who is sticking it right in your face America. He's basically telling all who are watching this sick play unfold that he holds the keys to the building and he will decide your rights, or lack thereof under the Document.
Time to make a stand, people. And it's a fairly easy one to make. All we need to do is make enough noise so that Justice Thomas and the rest of the court knows that I am coming to the US Supreme Court with my proper papers.
Please don't ask me for instructions on how you do this. I cannot give such advice. All I can do is make my case public, show the documents, quote the law and keep you informed. Any noise you make must be of your own volition and of your own free will.
THERE IS NO NEED TO BREAK ANY LAW. PEACEFUL MEANS ARE THE ONLY MEANS BY WHICH THE LAW CAN BE UPHELD. BE HEARD BUT DONT GET IN TROUBLE. DONT BREAK THE LAW. ALSO KEEP IN MIND THAT WE CAN'T KNOW WHO IS UNDER PRESSURE AND WHO IS APPLYING PRESSURE SO BE COOL BUT BE FIRM. TELL THE TRUTH AND THE TRUTH WILL SET US FREE.
Warm Regards,
Leo C. Donofrio
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UPDATED: 2:10 PM: Leo C. Donofrio was just contacted by Mr. Danny Bickell, Stay Clerk of the United States Supreme Court as a direct result of Mr. Bickell receiving phone calls from the public. THREE ISSUES WERE DISCUSSED:
1. He says he is now in the process of correcting the Docket to reflect that my case is before the US Supreme Court from a direct ruling of the NJ Supreme Court wherein a Constitutional issue had been raised.
2. Mr. Bickell informed me today that after he decided, improperly, not to pass on my Emergency Stay Application to Justice Souter on Nov. 3rd, that he did not owe me any special notification of such disposition of my case according to his interpretation of Supreme Court Rule 22(6) which states:
"6. The Clerk will advise all parties concerned, by appropriately speedy means, of the disposition made of an application."
Mr. Bickell insisted that by "appropriately speedy means", the Court Rule only demands he use ordinary mail. I then asked him how is that different from the ordinary means by which you notify litigants as to the disposition of their cases? And he replied, "It's the same." And I said, then how is that by "speedy means"? And he said I wasn't entitled to a phone call or anything else. And I said, "Then it's your official position that Rule 22(6) calls for nothing more than the same notification as an ordinary case and that the words "appropriately speedy means" really have no special meaning at all. And to this he replied, "That's my official position."
He also stated that he sent me a letter informing me of the disposition of my case. I don't know what he means. On Thursday, Nov. 6th, by way of a phone conversation that I initiated, he informed me that he decided not to submit my Emergency Stay Application, which I filed four days earlier on November 3rd, to Justice Souter, which as I've said before was blatant Clerical misconduct since it's not his job to play Supreme Court Justice. Regardless, he never sent me a letter stating that he disposed of the case on his own. After speaking to him on Thursday, he agreed to finally Docket the case. But he did so erroneously as I have previously documented. On Friday morning, he somewhat corrected the Docket, but he also made it reflect that Justice Souter had already decided the case. And then he sent me a letter as to Justice Souter's denial dated November 6th.
Speaking to Mr. Bickell a few minutes ago, I asked him what happened to my letter informing me of the first disposition back on Monday Nov. 3rd when he decided not to pass the Stay Application on to Justice Souter. To this he replied, "That wasn't a disposition so I didn't have to give you any notice." Incredible. He disposed of my case illegally and then said that since it wasn't a proper disposition I wasn't entitled to notice thereof, and certainly not by "appropriately speedy means". Sabotage.
This is truly unprecedented, my friends.
3. Mr Bickell has also informed me that my renewed Application for an Emergency Stay will certainly be submitted to Justice Clarence Thomas on the day it is received. His word isn't worth much to me so I still need to keep trying to make the public aware of my case so that the other Justices might hear about it before the renewed Emergency Stay Application arrives.
Bickell also requested that people stop calling him, and I told him that these people are just citizens, I don't know who they are, and I can't command them to do anything but that they are watching the Supreme Court's actions and they want to see that Justice is done in this case, and that Justice pertains not just to the substantive case but to the procedural aspects as well under the Supreme Court Rules which have not been followed.
I don't think calling Mr. Bickell will do anymore good, although it certainly did influence him to get in touch with me. So Im asking people to concentrate on sending letters to the attention of Justice Clarence Thomas and the other Supreme Court Justices US Supreme Court instead of making phone calls. The phone calls were very helpful and served to alert Mr. Bickell and other interested parties at the US Supreme Court that the public is very interested in this case.
THE BEST THING YOU CAN DO TO HELP THIS CASE GET BEFORE JUSTICE CLARENCE THOMAS IS TO WRITE TO HIM AND THE OTHER JUSTICES:
The Honorable Associate Justice Clarence Thomas
United States Supreme Court
One First Street, N.E.,
Washington, D.C. 20543.
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Please include the docket # 08A407, and the URL to this blog
http://www.blogtext.org/naturalborncitizen/ [Below is the original post. Thank you for your help.]
SUPREME COURT OF THE UNITED STATES - CLERK'S OFFICE CONTINUES SABOTAGE OF NJ CITIZEN STAY APPLICATION FOR 08 ELECTION - YOUR HELP IS REQUESTED
Dear Citizens of the United States of America,
I need your help and the US needs your help.
My case, LEO C. DONOFRIO v. NINA MITCHELL WELLS, SECRETARY OF STATE OF THE STATE OF NEW JERSEY - US Supreme Court Docket # 08A407 - continues to be subjected to misconduct by the US Supreme Court Clerk's office, particularly by Mr. Danny Bickell, the Stay Clerk.
For a full review of the Judicial treachery in this case, please review the entire UNORTHODOX PROCEDURAL HISTORY of the case.
It has come to my attention today that the US Supreme Court's Stay Clerk, Mr. Danny Bickell, has continued to list this case incorrectly thereby preventing it from ever crossing the desk of Justice Clarence Thomas.
The Docket of the case fails to mention that the case went directly from the Appellate Division in New Jersey to the New Jersey Supreme Court which is the nexus that allows the case to be properly before the US Supreme Court. The Clerk's office appears to be doing everything possible to see that this case never gets to the desk of Justice Clarence Thomas or any of the other Supreme Court Justices.
I have an order handed down from the New Jersey Supreme Court which makes reference to the Appellate Division case as well, but the US Supreme Court Clerk's office refuses to acknowledge the NJ Supreme Court's review and it is that review which allows my case to go before the US Supreme Court. The Appellate Division case avoided the Constitutional issue, but the NJ Supreme Court decision raised the Constitutional issue when it specifically said in its order of denial that it had relied on "movant's papers" while at the same time it made no mention of Judge Sabatino's Appellate Division order and opinion.
The NJ Supreme Court specifically relied upon "movant's papers" in their order denying emergency relief and "movants papers" focused on the "natural born citizen" issue.
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."
The US Supreme Court Docket fails to mention the NJ Supreme Court decision and that is completely wrong and improper. This case continues to be subjected to Judicial/Clerical misconduct and it's time that US Citizens, be they Democrat, Republican or 3rd party affiliated, stand up and order that the Clerk's office of the highest Court in the land STOP interfering in a case that is rightly before the US Supreme Court.
This is unprecedented in that the Clerk's office at the SCOTUS appears to be injecting politics into the handling of paperwork properly before it. It will be a terrible blow to the separation of powers if Supreme Court review can be stopped by Clerks imposing their own political views on litigants who have properly followed legal procedure.
Justice Clarence Thomas and the rest of the Supreme Court must receive direct mail letters (not e mail) bringing this case Docket # and the URL of my blog to their attention. You may write to Justice Thomas at the following address:
The Honorable Associate Justice Clarence Thomas
United States Supreme Court
One First Street, N.E.,
Washington, D.C. 20543.
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Please include the docket # 08A407, and the URL to this blog
http://www.blogtext.org/naturalborncitizen/
If you write to Chief Justice Roberts, please make sure the envelope is addressed to
THE HONORABLE JOHN G. ROBERTS, CHIEF JUSTICE OF THE UNITED STATES
Thank you,
Leo C. Donofrio
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