Category Archives: Eligibility

Victor Williams et al v Ted Cruz, New Jersey eligibility challenge, Judge Jeff S. Masin ruling, Cruz can stay on ballot, Meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter

Victor Williams et al v Ted Cruz, New Jersey eligibility challenge, Judge Jeff S. Masin ruling, Cruz can stay on ballot, Meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

 

Judge Jeff S. Masin ruled today that Ted Cruz can stay on the New Jersey primary ballot.

However, in today’s ruling he left open the door for a definitive ruling by the US Supreme Court and stated that the  meaning of Constitutional term “natural born” is a very legitimate subject of legal and historical debate and by no means a frivolous matter.

From the ruling:

“Before discussing this challenge in detail, it is perhaps appropriate to note that
the issue of the meaning of the Constitutional term “natural born” is a very legitimate subject of legal and historical debate, and whatever the outcome of the issue and its impact on the current Presidential campaign, it is by no means a frivolous matter. And, as has been noted by several scholars and commentators on the issue, it involves a difficult examination of historical and legal materials which can be seen, to quote one writer, as “mysterious and ambiguous.” “Nelson, The Original Meaning of “Natural  Born,” (Revised, The Originalism Blog, Center for the Study of Constitutional Originalism 2016).

As of the time of this writing, as far as I have been able to determine, only one
court has decided this issue on its merits.3

While challenges to Senator Cruz’s eligibility based on the “natural born” issue have been filed in a number of states, only the Commonwealth Court of Pennsylvania has decided the question on its merits, in a
decision authored by Senior Judge Pellegrini, filed on March 10, 2016. Elliot v. Cruz, No. 77 M.D. 2016 (Commonwealth Court, March 10, 2016). Judge Pellegrini determined that Senator Cruz was eligible to appear on Pennsylvania’s Republican primary ballot, finding that he met the criteria of “natural born Citizen.” On March 31, 2016, the Pennsylvania Supreme Court affirmed the Commonwealth Court’s decision, without discussing the merits of the issue. Elliot v. Cruz, J-56-2016. Thus, Judge Pellegrini’s ruling appears to be the sole judicial analysis of the question in the context of the current election cycle and the debate over Senator Cruz’s status. The United States Supreme Court has never addressed the “natural born Citizen” question in the context of eligibility for the Presidency. However, at least recently, several law professors and commentators have considered the question and written, in some cases
extensively, on the meaning of the phrase. Judge Pellegrini discussed some of these writings in his opinion, while alluding to others.4 Of course, the Pennsylvania decision is not in any manner binding on the New Jersey Secretary of State or the New Jersey Judiciary. As such, this decision will consider both that ruling and the positions  expressed by legal analysts, who in some cases would entirely disagree with the Pennsylvania outcome.”

“CONCLUSION

As demonstrated above and in the thoughtful examinations of the scholars whose materials are mentioned herein, it must be acknowledged that the arguments against finding a child born outside the United States to a non-diplomat or non-military citizen of the United States are not facetious and the issue can never be entirely free of doubt, at least barring a definitive ruling of the United States Supreme Court. While absolute certainty as to this issue is only available to those who actually sat in Philadelphia and themselves thought on the issue, having weighed the arguments as they are presented by those trying to understand the Framers’ intent, I CONCLUDE that the more persuasive legal analysis is that such a child, born of a citizen-father, citizenmother, or both, is indeed a “natural born Citizen” within the contemplation of the Constitution. As such I CONCLUDE that Senator Cruz meets the Article II, Section I qualifications and is eligible to be nominated for President. His name may therefore appear on the New Jersey Republican primary ballot.”

Click to access Judge’s+ruling+Ted+Cruz+to+remain+on+NJ+ballot.pdf

Ted Cruz to remain on New Jersey primary ballot?, Judge Jeff Masin heard arguments from challengers Catholic University of America law professor Victor Williams and concerned NJ citizens, Masin to rule Tuesday on Cruz natural born citizen status

Ted Cruz to remain on New Jersey primary ballot?, Judge Jeff Masin heard arguments from challengers Catholic University of America law professor Victor Williams and concerned NJ citizens, Masin to rule Tuesday on Cruz natural born citizen status

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

From NorthJersey.com April 11, 2016.

“Cruz’s nationality at center of New Jersey ballot hearing

A New Jersey judge is weighing whether Sen. Ted Cruz should be disqualified from appearing on the state’s presidential primary ballot because he was born in Canada.

Judge Jeff Masin heard arguments Monday on behalf of the Texas Republican and two challengers, including Catholic University of America law professor Victor Williams and a group of concerned New Jersey residents.

Masin says he expects to rule Tuesday on procedural questions and the underlying issue of whether Cruz satisfies the constitutional requirement that the president be a natural-born citizen.

Cruz was born in Calgary, Alberta, to a Cuban father and an American mother. He is a U.S. citizen.”

Read more:

http://www.northjersey.com/news/cruz-s-nationality-at-center-of-new-jersey-ballot-hearing-1.1542495

Ted Cruz primary ballot disqualification hearing scheduled by NJ Secretary of State Monday, April 11 at 9:00 a.m. in Mercerville New Jersey, Cruz must prove he is natural born citizen

Ted Cruz primary ballot disqualification hearing scheduled by NJ Secretary of State Monday, April 11 at 9:00 a.m. in Mercerville New Jersey, Cruz must prove he is natural born citizen

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

 

From CNB News April 9, 2016.

“Ted Cruz risks primary disqualification in N.J. resulting from charges of ballot access fraud”

“Ted Cruz risks primary disqualification in New Jersey resulting from charges of ballot access fraud. A primary ballot disqualification hearing is scheduled by the Secretary of State for Monday, April 11at 9:00 a.m. in Mercerville, New Jersey.

Washington D.C. Law Professor Victor Williams charges thatTed Cruz fraudulently certified his constitutional eligibility for office to gain ballot access. Williams demands that Cruz be disqualified from several late-primary ballots: “Cruz committed ballot access fraud in each state when he falsely swore that he was a ‘natural born’ American citizen.” Cruz was born in Calgary, Canada and held his resulting Canadian citizenship until May 2014. Cruz is a naturalized (not natural born) American citizen.

Williams’ fraud charges had quick effect in New Jersey. Rather than accepting Cruz’s ballot petition when filed last week, the Secretary of State ( Kim Guadagno) scheduled the unusual Administrative Law hearing for April 11. The Canadian-born Cruz must prove that he did not falsely certify his eligibility for office.

Cruz’s ballot eligibility is also being challenged inCalifornia, Maryland, Montana, Nebraska, Oregon, South Dakota, and Washington.

Late-Entrant GOP Candidate Asserts “Competitor Candidate Standing” to Disqualify Cruz

 Victor Williams warns of further action if Cruz is not disqualified from New Jersey’s June 7th primary. Williams has unique litigation strategy. Williams became a late-entrant GOP presidential candidate. Now his “competitor candidate” status provides the strongest “standing” to challenge Cruz.  “
Read more:
Victor Williams documents:
Thanks to commenter James.

 

Montgomery Sibley DC Madam phone records expose Ted Cruz infidelity?, National Enquirer article states Ted’s fifth lover is purported to be a “$1000-a-night” Washington DC call girl, Citizen Wells inclined to believe Sibley

Montgomery Sibley DC Madam phone records expose Ted Cruz infidelity?, National Enquirer article states Ted’s fifth lover is purported to be a “$1000-a-night” Washington DC call girl, Citizen Wells inclined to believe Sibley

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“COMING CLEAN: From what I know, at least 2 of the women named as Cruz mistresses by the National Enquirer are accurate”…Drew Johnson, Twitter

 

 

Ted Cruz is innocent until proven guilty.

I do not know attorney Montgomery Blair  Sibley personally.

However, I did have a series of email exchanges with him in 2008 during the Larry Sinclair saga.

I found him to be dependable and forthright.

I would be inclined to believe his statement that he has evidence of a 2016 presidential candidate’s phone records being included in the DC Madam’s phone records.

From US News March 31, 2016.

“D.C. Madam’s Attorney Says Election Bombshell Already Online”

“The colorful litigator who represented the late “D.C. madam” Deborah Palfrey and threatened this week to release call logs of his former client that he says are “very relevant” to the 2016 presidential election tells U.S. News those records already are digitized and posted online.

Montgomery Blair Sibley says the records will become public if he fails to reset a 72-hour countdown clock, which could cut short his soft two-week ultimatum for federal courts to consider lifting a 2007 gag order that covers the records, lest he deem that order void.

The countdown clock is a safeguard, Sibley says, that ensures that if he disappears the records will be published. Inevitable release, he says, may also disincentivize violent acts against him to prevent their disclosure.

The records are stored on four servers around the world, Sibley says, and dozens of reporters will receive a website link if the clock is not reset. He says he loaded the information online in January, when he decided to publicly claim the records are relevant to the presidential race.

“There’s a link right now, that if you had, you would have access to the records,” Sibley says about the website. “If I die, disappear, whatever, they will be out.”

A similar tactic was embraced by WikiLeaks founder Julian Assange in 2010 with release of an encrypted “insurance” file that could be unlocked with a password if the besieged transparency advocate chose to distribute it.

“If you’re asking if I’m partnering with WikiLeaks, the answer is I’m not answering that,” Sibley says without any prodding about the secrets-spilling site.

Sibley says his website hosts PDFs of Palfrey call logs that contain about 5,000 phone numbers, along with downloadable spreadsheets that contain the names and addresses of 815 Verizon Wireless customers from those logs, which he acquired with a subpoena ahead of Palfrey’s trial.

Sibley represented Palfrey after her 2006 arrest for running an escort service popular among Washington’s upper class. In 2007, he released call logs containing about 10,000 phone numbers, which resulted in the outing of prominent political leaders including Sen. David Vitter, R-La. He says he held back 5,000 numbers for leverage at trial – but Palfrey fired him before she was found guilty in April 2008 of money laundering and other crimes.”

“Sibley has refused to provide any clues about what information relevant to the presidential election he claims to have. He says he’s not concerned that some citizens are incorrectly guessing about one of the five remaining candidates in the Democratic and Republican primaries.

Sibley says he currently is not licensed to practice law – the result of a 2008 suspension in Florida for filing “vexatious and meritless” lawsuits against judges and for a child support payment dispute, for which he faced reciprocal discipline in D.C. – and has no plans to seek readmission to the D.C. Bar.

“I have no desire to be part of a profession I consider to be profoundly corrupt to its core,” he says. “I’m hacking at the roots of tyranny, not its branches.” ”

Read more:

http://www.usnews.com

http://www.youtube.com/watch?v=-6Cba-ByYmo

From the National Enquirer March 30, 2016.

“Republican presidential candidateTed Cruz is the target of a vicious “dirty tricks” campaign! The National ENQUIRER has learned that political operatives are compiling an explosive “dirt file” on the finger-wagging conservative senator from Texas. “They’re outrageous claims, but private investigators are digging into at least five affairs Ted Cruz supposedly had,” a political snitch told The ENQUIRER. “The leaked details are an attempt to destroy what’s left of his White House campaign!”

Asked about rumors of Ted cheating on his wife Heidi (pictured), top political consultant Roger Stone — a former aide to Donald Trump — told The ENQUIRER: “These stories have been swirling around Cruz for some time. I believer where there is smoke, there is fire. I have to believe this will hurt him with his evangelical Christian supporters!”

On March 15, RadarOnline.comreported that an individual purporting to be a representative of the hacker group Anonymous had already posted a disturbing Twitter video that threatened to expose “very dirty secrets!”

The ENQUIRER is withholding the names of the women who are said to be linked to the hot-blooded Canadian-born father of two. According to the rumors, the first woman is a foxy political consultant who once worked for the 45-year-old candidate, and is now associated with another political campaign. “‘Randy Ted ‘supposedly had a romp with her in a closet at a Republican state convention,” dished an insider. The woman involved has denied rumors of an affair with Ted, and blamed the leaks on “political hacks.”

The second woman has been described to The ENQUIRER as a “pretty 30-ish Washington, D.C., lawyer who works in politics,” according to a source. Their relationship may have begun after she was recruited to work for Ted’s U.S. Senate campaign, and continued even after she moved on to other political consulting jobs. “It’s alleged that Ted hooked up with her at the Republican Capitol Hill Club in a private room,” a source claimed.

Another snitch said a third woman connected to Ted is apparently “a hot babe who once worked” on one of his campaigns. According to the source, the two were caught “getting cozy” on the campaign trail.

The fourth woman, according to another insider, is said to be “a sexy Austin schoolteacher” who may have had a fling with Ted after he was appointed Texas Solicitor General.

Ted’s fifth lover is purported to be a “$1,000-a-night” Washington, D.C., call girl!”

Read more:

Ted Cruz Sex Scandal — 5 Secret Mistresses

 

 

 

Ted Cruz future doubtful, Mistress allegations not repudiated, Experts state Cruz appears deceptive in his response, Roger Stone Ted Cruz won’t sue because allegations are largely true

Ted Cruz future doubtful, Mistress allegations not repudiated, Experts state Cruz appears deceptive in his response, Roger Stone Ted Cruz won’t sue because allegations are largely true

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“COMING CLEAN: From what I know, at least 2 of the women named as Cruz mistresses by the National Enquirer are accurate”…Drew Johnson, Twitter

 

Ted Cruz is innocent until proven guilty.

The National Enquirer has accused Cruz of having had 5 mistresses.

Journalist Drew Johnson has confirmed 2.

Up until the past week, the biggest gripe I had with Ted Cruz was his disregard for the US Constitution in regard to his eligibility to be president.

I have been searching for corroboration of the National Enquirer story.

I have found no hard evidence yet to repudiate the Enquirer story but I did find some circumstantial evidence supporting the plausibility of it.

From Law Newz March 27, 2016.

“Experts: Ted Cruz Appears Deceptive in His Response to Sex Scandal

Phil Houston is CEO of QVerity, a training and consulting company specializing in detecting deception by employing a model he developed while at the Central Intelligence Agency. He has conducted thousands of interviews and interrogations for the CIA and other federal agencies. His colleague Don Tennant contributed to this report.

The eyebrow-raising story that appeared earlier this week in the National Enquirer, citing claims that Sen. Ted Cruz had engaged in five extramarital affairs, drew a sharp response from the Republican presidential contender. Sharp as it was, however, it was strikingly weak in terms of denial, and strong in terms of attack. And that combination is a telltale sign of deception that leads us to conclude that this is a matter that warrants further investigation.

The statement that Cruz released on his Facebook page on Friday immediately drew our attention:

“I want to be crystal clear: these attacks are garbage. For Donald J. Trump to enlist his friends at the National Enquirer and his political henchmen to do his bidding shows you that there is no low Donald won’t go. These smears are completely false, they’re offensive to Heidi and me, they’re offensive to our daughters, and they’re offensive to everyone Donald continues to personally attack. Donald Trump’s consistently disgraceful behavior is beneath the office we are seeking and we are not going to follow.””

“We should note that these two statements constitute the only material that we currently have at our disposal to analyze, which is far from ideal. Obviously, the more material available for analysis, the greater our confidence in our findings. With that said, however, we were struck by the volume of deceptive behavior that we identified in these statements.

Behaviorally, when the facts are the ally of an individual, he or she almost always tends to focus on the facts of the matter at hand. In this case, if the key fact was that he had not had these affairs, Cruz would almost certainly have been much more strongly focused on the denial. That is, he very likely would have made a point of explicitly stating something along the lines of, “I did not have these affairs.””

Read more

http://lawnewz.com/high-profile/behavior-experts-ted-cruz-appears-deceptive-in-response-to-sex-scandal/

From the Gateway Pundit March 27, 2016.

“Roger Stone on Cruz Sex Scandal: Ted Cruz Won’t Sue “Because the Allegations Are Largely True””

“But these rumors did not start with Donald Trump.

And the rumors did not start with Roger Stone.

** The rumors were started by the Rubio Campaign and anti-Trump GOP elites.

Today Roger Stone told AM 970 radio on Sunday that Ted Cruz won’t sue because the allegations are largely true.”

Roger Stone: Again, why won’t he sue. It won’t cost him anything, he’s a lawyer himself… To be absolutely clear, Ted Cruz won’t sue because the allegations are largely true. That’s why he won’t sue.”

Read more:

Roger Stone on Cruz Sex Scandal: Ted Cruz Won’t Sue “Because the Allegations Are Largely True”

Roger Stone is a very interesting man and likely knows what he is talking about.

He certainly pegged Obama.

From the New Yorker June 2, 2008.

http://www.newyorker.com/magazine/2008/06/02/the-dirty-trickster

 

 

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

Ted Cruz PA eligibility challenge appeal fast tracked in Pennsylvania Supreme Court, Elliott v. Cruz, Elliott represented by attorney David J. Farrell, Cruz a natural born citizen?, PA primary scheduled for April 26

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

From The Legal Intelligencer March 21, 2016.

“The Pennsylvania Supreme Court has set a quick timetable in the appeal of a ruling allowing Sen. Ted Cruz, R-Texas, to remain on the state’s presidential primary ballot.

The court said Monday that challenger Carmon Elliott had until 4 p.m. Tuesday to submit his brief in Elliott v. Cruz. Presidential hopeful Cruz then has until 4 p.m. Wednesday to file his response. There was no indication of whether or when oral arguments would be scheduled in the case. Pennsylvania’s primary is scheduled for April 26. The court did say in its order that the parties could submit the same briefs they submitted to the Commonwealth Court.

Elliott, who represented himself before the lower court, is now being represented by Norristown attorney David J. Farrell, who had initially submitted his own challenge to Cruz’s ballott eligibility but withdrew it in advance of the Commonwealth Court hearing.

Commonwealth Court Senior Judge Dan Pellegrini rejected earlier this month Elliott’s claim that Cruz was not a “natural-born citizen” as defined by the U.S. Constitution because he was born in Canada to a mother who was a citizen of the United States.

Pellegrini spent half of his decision determining whether the judiciary had jurisdiction over questions of eligibility to run for president. Cruz argued it was a question only for the Electoral College or Congress to determine, and that the court should be barred from hearing it under the political-question doctrine. But Pellegrini rejected that contention, finding there was no support for it under various sections of the U.S. Constitution, nor under the 12th Amendment. In doing so, he became what appears to be the first judge in the country hearing Cruz ballot challenges to address the merits of the issue.

The dispute as to whether Cruz was a ­citizen eligible for the presidency came down to the interpretation of Article II, Section 1, Clause 4 of the U.S. Constitution, which states that “‘no person except a natural born citizen, or a citizen of the United States … shall be eligible to the office of president.'”

Pellegrini said the term “natural-born ­citizen” was not defined and the U.S. Supreme Court has never addressed its meaning within the context of the eligibility of a candidate.

Elliott is a registered Republican voter in Pennsylvania. He argued “natural-born citizen” required a candidate to be born within the geographical boundaries of the United States to be eligible. Cruz, on the other hand, argued he was a natural-born citizen regardless of where he was born because his mother was a U.S. citizen when he was born and Cruz was therefore a U.S. citizen from the time of his birth, Pellegrini said.”

Read more:

http://www.thelegalintelligencer.com/id=1202752679252/Appeal-of-Cruzs-Ballot-Eligibility-FastTracked#ixzz4478Divhp

From the Indiana Law Review:

“D. Whether a State May Refuse To Put a Presidential Candidate on the Ballot Because It Concludes the Candidate Is Not Qualified ”

” If a state chooses to evaluate the qualifications of presidential candidates, there is no inherent power of Congress standing in its way,”

“Just as there was historical precedent for states including unqualified candidates on the presidential ballot, so, too, is there precedent for states excluding unqualified candidates from the ballot. In fact, there has been a trend of state regulation increasingly scrutinizing the qualifications of presidential candidates, even apart from pending legislation in the “birther” context.”

“They arguably have the power to add qualifications to candidates seeking the office of President.359 The less intrusive step of examining existing constitutional qualifications is likely within the purview of state control.”

“The 20th Amendment does not prevent a state from excluding a presidential or a vice presidential candidate who is not qualified to hold the office.”

“A state inquiry into qualifications could take one of several forms.377 It might be simply ministerial, requiring candidates to verify that they are qualified. It could include a certification, such as a signature under penalty of perjury affirming that one meets the qualifications. It may require a low level of verification, such as an attachment of copies of documentary support for proof of residence and citizenship. Or it may require a high level of verification, such as original source documents (like a “long-form birth certificate”). The inquiry might be required as a disclosure when a candidate seeks to file for office, or as one that an election official is authorized to make under certain circumstances. Such state regulations would be permissible as long as they simultaneously existed within other constitutional boundaries.”

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11145&context=ilj

Hat tip to CDR Charles Kerchner.

 

Ted Cruz Vermont eligibility lawsuit update, February 19, 2016, Plaintiff H. Brooke Paige, Cruz not natural born citizen, Cruz born in Canada in 1970, Canadian Citizenship Act of 1976 Cruz born a Canadian Citizen AND a British Subject

Ted Cruz Vermont eligibility lawsuit update, February 19, 2016, Plaintiff H. Brooke Paige, Cruz not natural born citizen, Cruz born in Canada in 1970, Canadian Citizenship Act of 1976 Cruz born a Canadian Citizen AND a British Subject

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

Just in from Mr. H. Brooke Paige, plaintiff in the Vermont Ted Cruz and Marco Rubio eligibility challenge:

“UPDATE – Paige v. State of Vermont, et al (Secretary of State, Jim Condos,
Rafael Edward (Ted) Cruz and Marco Antonio Rubio)

Citizen Wells,

February 18, 2016 – All parties, the Vermont State Defendants, Cruz and
Rubio,  have responded each   with their own Motions to Dismiss, the first
effort of a disingenuous and desperate lawyer who wants to shield his
client from having to face the music.

It is exciting to have defendants who, because of their divergent
political leanings refuse to cooperate in developing a unified strategy to
extinguish the humble, tenacious plaintiff. Unfortunately, the attorneys
for Rubio and Cruz seem amazingly unfamiliar with the “natural born
citizen(ship)” subject matter – regurgitating the tripe and drivel
regularly posted on “obot” websites; while Daloz, the state’s Asst. A/G,
appears to be doing a “cut and paste” job from his 2012 effort. Truly sad
to see such vacuous “work product” for these high priced “Blackstone
Lawyers.” (Thomas Jefferson complained that “many a law student finds
Blackstone’s writings – a smattering of everything, and his indolence
easily persuades him that if he understands Blackstone , he is a master of
the whole body of law.”)

I have filed separate Opposition Briefs for each of the defendants’
Motions to Dismiss as each develops a differing approach to defend their
favorites particular “flavor” of natural born citizenship.

•       Vermont Assistant Attorney General Todd Daloz offering “born in country
with at least one citizen parent” to defend the democratic darling, Mr.
Obama.

•       “K’ Street Mouthpiece (D.C.) Brady Toensing, representing Rubio, arguing
that “native birth” (14th Amendment citizenship) alone is sufficient to
qualify his “son of Cuban parents” to serve as President.

•       Lastly, Gregory D. Cote, Esq., the Beantown Lawyer (“Redacted”) makes a
valiant attempt to convince anyone who will give him “the time of day”
that his Canadian Citizen client, Cruz,   is somehow more than merely a
“citizen of the United States” a condition granted to him by Congress, not
by his birth circumstances alone the condition necessary to be a Natural
born citizen (i.e. born in country to two citizen parents – Vattel, 1758).

Further it has come to light that since Cruz was born in Canada in 1970,
prior to the Canadian “Citizenship Act of 1976,” he was born a “Canadian
Citizen AND a “British Subject”  having “the right of abode” whereby he
could moved to the “British Isles” and gotten a job and taken up permanent
residence without needing to take any further action .
http://www.cic.gc.ca/english/resources/tools/cit/overview/hist.asp

The Vermont Primary Election is held on Town Meeting Day, March  1st, and,
since the defendants have argued that the issues are not “ripe” until the
passing of the election,  our next move will be to ask the court to
prevent the Secretary of State from releasing the results of that election
until the court determines the qualification of candidates Cruz and Rubio
AND  whether their names appearing on the ballot has cause damage to the
other candidates, sufficient to alter the results of the election.”

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

From New York Magazine February 18, 2016.

“Lawsuit Over Ted Cruz’s Eligibility to Run for President Heads to Court”

“During Wednesday night’s CNN town hall, Ted Cruz dismissed the latest legal threat from Donald Trump, assuring a voter that he’s definitely eligible to run for president. “Under the law the question is clear,” he said. “There will still be some who try to work political mischief on it, but as a legal matter this is clear and straightforward.” Unlike Cruz’s right to air old footage of Trump on Meet the Press in a campaign ad, the issue raised by Cruz’s birth in Canada to an American mother actually isn’t settled — but now it looks like we may finally get an answer. CNN reports that an Illinois judge has agreed to hear arguments in a lawsuit challenging Cruz’s eligibility on Friday.

The lawsuit in question actually has nothing to do with Trump (though, it’s unlikely we’d be debating the obscure legal arguments over whether Cruz is a “natural born citizen” if it weren’t for the ex–reality star). Suburban lawyer Lawrence Joyce initially filed an objection to Cruz’s placement on the primary ballot with the Illinois Board of Elections, but it was dismissed earlier this month. Now the Circuit Court of Cook County in Chicago has agreed to hear the case.

Legal challenges over Cruz’s eligibility have been filed in at least three states. Joyce seems primarily concerned about the political fallout from the questions surrounding Cruz’s candidacy, rather than the possibility of a secret Canadian infiltrating the U.S. government. He told Chicago’s WLS that he’s concerned about what would happen if the challenge came from a Democrat in the fall after Cruz secured the GOP nomination. “At that point, all of his fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination,” he said.”

Read more:

http://nymag.com/daily/intelligencer/2016/02/ted-cruz-eligibility-case-heads-to-court.html

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

Two state ballot entities recently ruled on Ted Cruz remaining on their ballots.

The Illinois state board of elections ruled that Ted Cruz is eligible as a natural born citizen.  IL is consistently listed as one of the most corrupt states in the US and the home of Obama, another non natural born citizen.

No surprise.

The New Hampshire ballot commission took a more honest approach.

“If there is a clear ruling on some issues that somebody clearly doesn’t meet, we would apply it. If there is a constitutional uncertainty about the meaning of something – which from my research and from all the stuff that was thrown at us at the commission there certainly is about the natural born citizen thing — we don’t undertake to make that decision,”

I was disappointed to find what I consider to be the most inaccurate article I have uncovered at American Thinker, February 5, 2016.

“Illinois and New Hampshire Agree Cruz is a Natural Born Citizen”

“Trump persists that Cruz’s citizenship is still an open question. It is not, and the election boards of two states, New Hampshire and Illinois, have now ruled, in response to complaints, that Sen. Ted Cruz is indeed, under the laws and Constitution of the United States, a “natural born citizen” fully eligible to be President of the United States. As the Washington Examiner reported:”

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.””

“Indeed, it is unnecessary. The question of Cruz’s citizenship has been asked and answered. Is Trump saying that a baby born in Paris to a vacationing American family is not eligible to run for president and must be “naturalized” like some illegal alien from Guadalajara?

Some noted legal scholars would beg to differ from Trump’s concern that Cruz is not in fact a “natural born” citizen.

Jonathan Adler, who teaches courses in constitutional, administrative, and environmental law at Case Western University School of Law, writes in the Washington Post:

Ted Cruz was born in Canada. His mother was a U.S. citizen. His father, a Cuban, was not. Under U.S. law, the fact that Cruz was born to a U.S. citizen mother makes him a citizen from birth. In other words, he is a “natural born citizen” (as opposed to a naturalized citizen) and is constitutionally eligible.”

“Also agreeing with Cruz’s eligibility are two constitutional scholars who have argued cases before the U.S. Supreme Court. As the Washington Post reported:

Writing in the Harvard Law Review, two former top Supreme Court litigators, Neal Katyal and Paul Clement, said: “All the sources routinely used to interpret the Constitution confirm that the phrase ‘natural born Citizen’ has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time.”

“Now two state boards of election have certified Cruz’s eligibility, which is beyond dispute, no matter how much Trump whines, pouts, and throws out groundless accusations.”

Read more:

http://www.americanthinker.com/articles/2016/02/illinois_and_new_hampshire_agree_cruz_is_a_natural_born_citizen.html

Aside from being wrong on the definition of natural born citizen, this article is blatantly inaccurate:

New Hampshire did not rule that Cruz is a natural born citizen.

It omitted the opinion of constitutional expert Laurence Tribe of Harvard:

“Cruz says this is all settled law, but Harvard’s Laurence Tribe disagrees.

“It clearly is not settled law,” Tribe said in recent an interview.”

“That’s because Tribe says Cruz is a constitutional “originalist,” who believes the document should be followed to the letter. Tribe says jurists who share such a view might well conclude that Cruz is not eligible to be president — because he was not born in America.

According to Tribe, this shows that Cruz is trying to have it both ways.”

http://www.wbur.org/2016/01/15/donald-trump-ted-cruz-laurence-tribe-citizenship

From The Dallas Morning News November 24, 2015.

“The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.

That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it’s not a clear win on the question of eligibility.

Rather, the panel found that with the law of eligibility so murky, it can’t second-guess the senator’s own claims that he passes constitutional muster. Neither the U.S. Supreme Court nor any other authority has explicitly ruled that someone like Cruz — born on foreign soil, with one American parent – can or cannot be president.

“It would be really nice if somebody would get this issue of law decided who has authority to decide constitutional issues, so every four years we don’t have this come up again,” said Manchester attorney Brad Cook, a Republican who chairs the 5-member New Hampshire Ballot Law Commission.”

Read more:

http://trailblazersblog.dallasnews.com/2015/11/regardless-of-canadian-birth-ted-cruz-survives-ballot-challenge-in-new-hampshire.html/

AMERICAN THINKER OWES THE PUBLIC AN APOLOGY.

Illinois Cruz ballot challenge dismissal not court ruling, Citizen not equal or equivalent to natural born citizen, Citizen only worked in 1789 when constitution adopted, Citizen Wells rectifies Rush Limbaugh statements, Graham update

Illinois Cruz ballot challenge dismissal not court ruling, Citizen not equal or equivalent to natural born citizen, Citizen only worked in 1789 when constitution adopted, Citizen Wells rectifies Rush Limbaugh statements, Graham update

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

 

 

***  Update February 4, 2016 at 1:45 PM  See Below  ***

I caught part of the Rush Limbaugh show yesterday and then went to the transcripts.

I thought that I heard Rush mumble something derogatory about the Cruz ballot challenge in Illinois and challenges to Cruz’s eligibility as a natural born citizen.

From Rush Limbaugh February 3, 2016.

Illinois Election Board Declares Cruz Eligible to Run

RUSH: It was, by the way, the Illinois Board of Elections that has declared Ted Cruz a natural born citizen.  “The state’s [Board of Elections] ruled that Cruz met the citizenship criteria to appear on the state’s primary ballot.  Two state residents, William Graham and Lawrence Joyce, challenged Cruz’s eligibility with the board, claiming his name should not appear on the March 15 primary ballot because his candidacy did not comply with Article II of the US Constitution.” The Board of Elections in Illinois told those two guys to pound sand. ”

Read more:

http://www.rushlimbaugh.com/daily/2016/02/03/quick_hits_page

Rush links to a Hotair article which quotes the Washington Examiner.

“Ruling: Ted Cruz is a ‘natural born citizen'”

“Texas Sen. Ted Cruz secured two major victories Monday, winning the Republican Iowa caucuses and also receiving a favorable decision from the Illinois Board of Elections, which confirmed his U.S. citizenship met the state’s primary ballot requirements.”

“Two Illinois objectors, Lawrence Joyce and Williams Graham, also agreed that Cruz’s citizenship did not meet guidelines in the Article II of the Constitution. But the board of elections disagreed and cleared Cruz’s name for the March 15 primary.

“The Candidate is a natural born citizen by virtue of being born in Canada to his mother who was a U.S. citizen at the time of his birth,” the board said, explaining Cruz met the criteria because he “did not have to take any steps or go through a naturalization process at some point after birth.””

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.”

Joyce told the Huffington Post Tuesday that he does not plan to appeal the board’s decision.”

Read more:

http://www.washingtonexaminer.com/ruling-ted-cruz-is-a-natural-born-citizen/article/2582259

Did the folks in Illinois go to Harvard too?

There is only one time in the history of the US that one could be president as just a citizen. 1789, the adoption of the US Constitution.

“no Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President . . . .”

A US citizen is not equal to or equivalent to a natural born citizen.

The US Constitution eligibility clause has not been amended.

Provisions in US law to clarify citizenship do not alter the meaning of NBC.

Period!

From Bill Graham February 3, 2016 4:13 PM

“Graham v. Cruz, Graham v. Rubio. Was advised by an experienced IL election lawyer that an appeal by Monday would be logistically difficult and expensive. In the case of these objections, partly overruled because they were inconsistent with regulation, reversal of the Board’s decision would be very unlikely. Within Illinois politics, few individuals will make the career-ending risk to resist what we call the ‘Combine’.

This effort has been worthwhile as the qualification of natural born citizen has been raised on many major news sites and has increased voter awareness. Even Mr. Trump mentioned the IL challenge. It is unfortunate that so many discard the Constitution of our Founders, but the battle will continue and those who defend the Constitution will prevail. Please consider discussing this issue openly with family and friends. Voters can reject Presidential candidates who are not qualified and who lie about their status, such as Cruz and Rubio.

‘Natural born citizen’ was intended by the founders to mean born in the America of citizen parents; no law or regulation is required to endow or rescind such citizenship. Founders wanted to discourage foreign influence on our Commander in Chief, as had caused problems in Europe. Nothing, no Board ruling or court opinion or Harvard article, can change this qualification except for an amendment to the Constitution.”

***  Update  ***

From Mr. H. Brooke Paige, plaintiff in Cruz Rubio eligibility lawsuit in Vermont:

“Praise to Mr. Graham for his noble effort to “protect, uphold and defend the Constitution of the United States of America.” Regardless of cost or loss each citizen should, as Mr. Graham understands, make every effort to insure that all branches of government submit to the authority and directions provided by the founders and framers of our great nation in their Declaration of Independence and the Constitution they authored, debated and ratified,

Mr. Graham, take solace in knowing that you are correct in you stand and no court, no legislature and no civil board has the right to alter or adulterate our great Constitution – except through the process of Amendment delineated in that document.

God Bless you Bill Graham !

H. Brooke Paige
Washington, Vermont”