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Monday, February 1, 2016

The Game is Afoot


The game is indeed "afoot": See this recent article in the Post & Email: Privacy Law Course to Include Discussion of Obama's Hidden Documents And Government's Claims to "Privacy" in Withholding Information from the Public.

That "withholding" has now resulted in my filing of a Complaint for Judicial Misconduct against Chief Judge Richard W. Roberts of the U.S. District Court for the District of Columbia for his directing the Clerk to refuse to file my: Motion to Modify Restraining Order to Permit the Release of Telephone Records Received Pursuant to Subpoenas but Never Made Public and Other Records in the U.S. v. Palfrey case.

Let's see what Professor James Moriarty does next.

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Thursday, January 21, 2016

BuzzFeed, Birthers & Me.

BuzzFeed recently wrote an article in which I was quoted entitled: "Ted Cruz Inherits Obama’s Birthers". 

The term “birther” now has a common understanding in the general lexicon: “Birther: A conspiracy theorist who believes that Barack Obama is ineligible for the Presidency of the United States, based on any number of claims related to his place of birth, birth certificate, favorite birthday, or whether or not he has heard the song Africa by Toto."

Obviously, as the BuzzFeed article details fairly, there is much more to the claims of "birthers" then challenging Mr. Obama's eligibility; the very foundation of the rule of law is at issue.

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Thursday, January 14, 2016

Rafael “Ted” Cruz, Jr. is Not Eligible to be President


I have two points to make about Rafael Edward “Ted” Cruz.  First, he may not even be a U.S. citizen and thus owes it to the People to prove that he is a U.S. Citizen. Second, in all events he is not an Article II, “natural born Citizen” and the legal indeterminacy about that question must be resolved, pronto.

I. Is Rafael Edward “Ted” Cruz a Citizen?

There are two sources of citizenship, and two only: birth and naturalization. Within the former category, the Fourteenth Amendment guarantees that every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States, and needs no naturalization. Persons not born in the United States acquire citizenship by birth only as provided by Acts of Congress. Ramos-Hernandez v. I.N.S., 566 F.2d 638 (9th Cir. 1977).

Since 1977, Congress has provided at Title 8 U.S.C. §1401(g) that a person born outside the geographical limits of the United States and its outlying possessions of parents – one of whom is an alien, and the other – a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of 14 years -- is a national and citizen of the United States at birth.

However, Congress has, through enactment of statute and federal regulation, required that such an individual born of one US citizen parent outside the United States take additional steps to confirm the choice of U.S. Citizenship to which they are entitled. Hence, at 8 Code of Federal Regulations §341.1 “Application” it is stated: “An application for a certificate of citizenship by or in behalf of a person who claims to have . . acquired or derived United States citizenship as specified in [8 U.S.C. §1401(g)] shall be submitted on Form N-600 in accordance with the instructions thereon, accompanied by the fee specified in Sec. 103.7(b)(1) of this chapter. The application shall be supported by documentary and other evidence essential to establish the claimed citizenship, such as birth, adoption, marriage, death, and divorce certificates."

That CFR section is followed by §341.5(a) “Issuance of certificate” which states: “If the application is granted, a Certificate of Citizenship shall be issued and, unless the claimant is unable by reason of mental incapacity or young age to understand the meaning thereof, he or she shall take and subscribe to the oath of renunciation and allegiance, prescribed by part 337 of this chapter, before a member of the Service within the United States. Thereafter, delivery of the certificate shall be made in the United States to the claimant or the acting parent or guardian, either personally or by certified mail.” Finally, §337 states: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

What is known of Rafael Edward “Ted” Cruz's relevant time-line is this:

November 23, 1934: Rafael Edward “Ted” Cruz's  mother, Eleanor Elizabeth (Darragh) Wilson, is born. (http://www.breitbart.com/big-government/2016/01/08/ted-cruz-mother-birth-certificate/)

1966: Rafael Cruz, Sr. says. “And while I was in Canada, I became a Canadian citizen.” (From and interview with National Public Radio).

December 22, 1970: Rafael Edward “Ted” Cruz is born in Calgary, Alberta, Canada, to his parents Eleanor Elizabeth (Darragh) Wilson and Rafael Bienvenido Cruz, Sr. (http://www.thegatewaypundit.com/2013/08/ted-cruz-releases-birth-certificate-was-born-to-american-mother-in-canada/). His Father, Rafael Cruz, Sr., who had lived in Canada for at least four years at that time, had applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws, as stated by Rafael Bienvenido Cruz, Sr.

1974: The Cruz family moves to the United States when Rafael Edward “Ted” Cruz is approximately four years old.

2005: Rafael Edward “Ted” Cruz claims that he applies for U.S. citizenship and renounces his Canadian citizenship. No record of Rafael Edward “Ted” Cruz renouncing his Canadian citizenship or applying for U.S. citizenship exists as of 2005.

May 2014: Rafael Edward “Ted” Cruz's legal counsel files to renounce his Canadian citizenship in an effort to make him eligible to run for high office under the natural born Citizen clause of Article II in the U.S. Constitution.

My three points on this issue of Rafael Edward “Ted” Cruz's U.S. citizenship are these:

1.  Where is the proof that Rafael Edward “Ted” Cruz's mother never renounced her U.S. Citizenship prior to Rafael Benvindo “Ted” Cruz, Jr.'s birth? If she had, all bets are off as Rafael Edward “Ted” Cruz would not be eligible for U.S. Citizenship. The Cruz camp must permit the release of any relevant documents in this regard held by the Canadian government.

2. As required by Congressional statute and enabling Federal Regulation, when and where did Rafael Edward “Ted” Cruz apply for his certificate of citizenship and take the obligatory citizenship oath? If he has done this, then it is of record and again the Cruz camp must authorize the release of that information.

3. Last, if in fact as publicly reported, Rafael Edward “Ted” Cruz in 2005 applied and received citizenship, he must have taken the requisite citizenship oath which required that he: “absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign . . .state . . . of whom or which I have heretofore been a subject or citizen.” Born in Canada, he was a subject or citizen of Canada. Why then, in May 2014, is the attorney for Rafael Edward “Ted” Cruz renouncing his Canadian citizenship when that should have been done in 2005 pursuant to his citizenship oath?

II.  Is Rafael Edward “Ted” Cruz a “natural born Citizen”?

The simple fact is that no competent court of law has ruled on the definition of “natural born Citizen”. I argue in my legal brief -- A Response to "On the Meaning of Natural Born Citizen" --  that when that phrase was employed by the Framers of our civil society, they meant a child born of two U.S. Citizens who were U.S. Citizens at the time of the child's birth. Under that definition, it matters not where the child is born, only that at that blessed moment, both parents are U.S. Citizens. If I am right, then Rafael Edward “Ted” Cruz is not eligible to be President.

The extensive litigation regarding “natural born Citizen” which challenged the similarly-situated Mr. Obama's eligibility under Article II did not result in a single competent court ruling on that issue as each case was dismissed upon a threshold finding that the complaining citizen didn't have “standing” to challenge a candidate's eligibility. Hence, it would be up to one of the present, national candidates for President to raise the issue so that the Supreme Court can finally make the determination of the precise meaning of the phrase.  

Rafael Edward “Ted” Cruz are you going to deign to respond?

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