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Apollonian
03-21-2016, 08:21 AM
Judge Smacks Down Trump’s Ted Cruz Birther Claims, and Hardly Anyone Covers It

by Rachel Stockman | 11:48 am, March 20th, 2016

Link: http://lawnewz.com/important/judge-smacks-down-trumps-ted-cruz-birther-claims-and-hardly-anyone-covers-it/

CruzWith all of the non-stop coverage of the 2016 presidential election, have you noticed as of late that Donald Trump has not said a peep about Ted Cruz not being eligible for the presidency? Earlier this year, Trump questioned whether Cruz was a natural born citizen because he was born in Calgary, Canada (to a U.S. citizen mother). Trump asserted this very question would be caught up in the court system for years. Much editorial space was spent on major newspaper and TV networks discussing this issue. Many legal scholars even agreed that Trump may have a case against Cruz.

This weekend, it occurred to me, this issue has faded from the public eye. The major media outlets stopped talking about it (maybe because Trump has moved on to other things.) But, it remains an important and largely unresolved question. So, I decided to look through some of the filings in the lawsuits filed against Cruz, and discovered an opinion from a Pennsylvania Senior Judge Dan Pellegrini that gives an absolute smack down to all of these Ted Cruz birther claims. Judge Pellegrini in his 22 page memorandum opinion found that Ted Cruz was a natural born citizen thereby ruling that Cruz’s name can appear on the Republican primary ballot in Pennsylvania on April 26, 2016. Why this particular opinion piqued my interest is that it is the first I have seen anywhere that actually tackles the Constitutional questions surrounding Cruz’s eligibility. For example, cases in Utah and Florida, were recently dismissed on procedural technicalities (like standing). What is even more shocking — the opinion was issued last week — and I couldn’t find any major network or newspaper covering it. (WSJ had a short blog post, and a few local newspapers covered it in PA). You would think that on the heels of such extensive coverage of the issue earlier this year, that the media would jump all over the first major opinion to address these important Constitutional questions that Trump brought up during the campaign. I guess, that’s wishful thinking, but I will go through the opinion, anyway, as I think it is illustrative of what will be found if/when this question is appealed to an even higher court, perhaps even the U.S. Supreme Court.

The heart of the question stems from Article II, Section I, of the U.S. Constitution which requires that a President be a “natural born” citizen. The challenge was filed by Carmon Elliot, a registered Republican in Pennsylvania. Elliot claimed Cruz should not be allowed to appear on the ballot because he is not a “natural born citizen.”

Firstly, Cruz’s attorneys argued that the Court should not address this issue at all because it is a “political question” that should not be addressed by the Judiciary. The judge found “no Constitutional provision places such power in Congress to determine Presidential eligibility.” Bottom line (and this is important), the judge found that the courts can move forward with deciding the case.

So how did Judge Pellegrino of the Commonwealth Court of Pennsylvania arrive at his decision that Cruz was eligible?

The judge relies on several pieces of legal scholarship. First, a memo produced in 1968 by Charles Gordon, then the General Counsel of the United States Immigration and Naturalization Service, which says: “The Framers were well aware of the need to assure full citizenship rights to the children born to American citizens in foreign countries.” He also points out a 2011 Congressional Research Service Memo entitled the “Qualification for President and the ‘Natural Born’ Citizenship Eligibility Requirement.” The document concludes:


“The weight of legal and historical authority indicated that the term ‘natural born’ citizen would mean a person, who is entitled to U.S. citizenship ‘by birth’ or ‘at birth’ either by being born ‘in’ the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents.”

Then the judge spends four pages quoting from the recent work of Paul Clement & Neal Katyal in the Harvard Law Review, in which the two Constitutional scholars (from different sides of the political aisle) conclude that “as Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization. And the phrase ‘natural born citizen’ in the Constitution encompasses all such citizens from birth.”

In his conclusion, the Judge states:

Having extensively reviewed all articles cited in the opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a “natural born citizen” included any person who is a United States citizen from birth.Accordingly, because he was a citizen of the United States from birth, Ted Cruz is eligible to serve as President of the United States..

The judge’s decision is ripe for a higher court review, but it is significant nonetheless. As election law expert Dan Tokaji points out in the Election Law Blog this case could ultimately be headed for the U.S. Supreme Court.

“A state court ruling would be helpful, but only a Supreme Court ruling could dispel the uncertainty surrounding its meaning. The good news is that review of a state court decision on Cruz’s eligibility could be sought in the U.S. Supreme Court. The Supreme Court’s jurisdiction to review federal law questions is broader than that of lower federal courts,” he wrote.

So perhaps, one thing Trump said is correct that this question could end being caught up in the courts for some time. The petitioner, Mr. Elliot, already said he plans to appeal the Judge’s decision.

Here is his full decision for your review: [see site link, above]

Apollonian
03-30-2016, 07:41 PM
“PROBABLY AN UNDOCUMENTED ALIEN”

by Sharon Rondeau

Link: http://www.thepostemail.com/2016/03/27/nalc-lead-attorney-documents-obtained-from-canada-on-ted-cruz/

Atty. Stephen Pidgeon

(Mar. 27, 2016) — At approximately 6:21 p.m. EDT, North American Law Center (NALC) lead attorney Stephen Pidgeon stated on the TNALC radio show that NALC has obtained “intelligence” and documentation from Canada showing that presidential candidate Sen. Ted Cruz was strictly a Canadian citizen throughout his life.

Pidgeon theorized that Cruz’s candidacy, which he characterized as “illegal” and “fraudulent,” has been endorsed by Jeb Bush and other “establishment” figures to further the “New World Order” takeover of the United States. Pidgeon believes that “international puppets” are dictating who controls the United States, beginning with Bill Clinton, who began a pattern of what Pidgeon called “looting.”

Cruz was born in Calgary, Alberta, Canada to a Cuban father and American mother. He now claims to be a “natural born Citizen,” as is required by Article II, Section 1, clause 5 of the Constituion for the president.

Also raised on the show was Cruz’s supporters’ claim, including that of commentator Glenn Beck, that Cruz has been “anointed” to be the next president of the United States.

Pidgeon said that Cruz, although having presented himself as a “Christian constitutionalist,” is actually “an operative working for the Bush cabal” and the North American Union.

He is “probably an undocumented alien,” Pidgeon said at 6:29 p.m.

Pidgeon suspects that Cruz is attempting to secure “just enough delegates” to deny the Republican nomination to Donald Trump, who is leading Cruz by more than 200 delegates.

Pidgeon called Barack Hussein Obama, who he would like the House of Representatives to impeach, a usurper to the office of the president. Since 2007, many Americans have questioned Obama’s constitutional eligibility, as no U.S. hospital has claimed to be Obama’s birthplace.

A four-year criminal investigation has shown that Obama’s only publicly-available documentation is fraudulent. The lead investigator of that probe, Mike Zullo, has been researching Cruz’s responses to media questions and citizenship laws as a private citizen and found Cruz to be “deceptive.”

Despite numerous requests, Cruz has refused to release documentation showing that he was registered by his mother or both parents as a U.S. citizen born abroad. Zullo has pointed out that Cruz’s story has changed over time as to his citizenship status, with Cruz telling a Univision reporter in 2013 that he was undoubtedly a U.S. citizen. In January of this year, Cruz told CNN’s Dana Bash that he is a “natural born Citizen.”

A number of lawsuits and ballot challenges have been filed accusing Cruz of seeking the office as an ineligible candidate, with one slated for a hearing at the Pennsylvania Supreme Court.

The Post & Email has attempted to obtain a certified copy of Cruz’s birth certificate, citizenship renunciation application, and naturalization record(s) of his father or both parents but been denied for “privacy” reasons by the Canadian government.