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Natural born citizen case reaches the US Supreme Court

Where it will likely not be heard

Utah

Utah resident Walter Wagner has appealed the dismissal of his case against Ted Cruz to the US Supreme Court (case no. 15-1243). The dismissal was on the grounds that Wagner had no standing to sue. He still lacks standing.

New Jersey

In other Cruz eligibility news, CDR Kerchner reports a new ballot access challenge in New Jersey filed by Victor Williams, a Republican write-in candidate for president. Williams cites New Jersey statute 19:23-15 on primary candidate petitions, a provision that provides that the candidate must certify eligibility and must agree to accept the nomination. That requirement, however, would seem not to apply to the presidential primary. As we learned from Mario Apuzzo’s spectacular loss in a New Jersey Obama eligibility case filed by Nicholas Purpora, Mickey Mouse could run for president in New Jersey. The statute that is applicable to presidential primaries in New Jersey is 19:25-3, and since that statute does not even require the consent of the candidate to be on the ballot, one could infer that the candidate has no other duties in preparing the petition, such as certification of eligibility.

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23 Responses to Natural born citizen case reaches the US Supreme Court

  1. avatar
    bob April 9, 2016 at 1:10 pm #

    Victor Williams issued a press release stating that he has a hearing Monday morning (April 11) in New Jersey on his challenge concerning Cruz’s eligibility.

  2. avatar
    gorefan April 9, 2016 at 1:42 pm #

    bob:
    Victor Williams issued a press release stating that he has a hearing Monday morning (April 11) in New Jersey on his challenge concerning Cruz’s eligibility.

    Is he the guy who filed an amicus brief in PA?

    Since this is New Jersey, where’s Apuzzo’s complaint? Maybe like Trump keeps saying Mario won so much he’s tired of winning.

  3. avatar
    bob April 9, 2016 at 3:57 pm #

    gorefan: Is he the guy who filed an amicus brief in PA?

    Technically, he moved to intervene into that case, but, yes, that guy.

    Since this is New Jersey, where’s Apuzzo’s complaint?Maybe like Trump keeps saying Mario won so much he’s tired of winning.

    I know! By this time four years ago, Apuzzo had already filed a challenge against Obama.

  4. avatar
    gorefan April 9, 2016 at 5:41 pm #

    bob: I know! By this time four years ago, Apuzzo had already filed a challenge against Obama.

    Where’s Purpura? This would seem to play right into Mario’s wheelhouse. No birth certificate stuff, no questions on place of birth, 100% definition of a natural born citizen. I’d think this was a case tailor-made for him. He even has a decent argument for a change.

  5. avatar
    Dave B. April 9, 2016 at 10:42 pm #

    Ah, if only. I’d love to see a reprise of the pure comedy gold of Mario trying to convince a judge that there’s something wrong with a candidate having been known by a nickname. Lest we forget…

    “Mario:
    Next is a P(3), and this is the yearbook of Mr. Obama when he was in high school. Again, it’s the same– it’s the same…

    Judge Masin:
    Which one is that– which one is that counsel? Oh, that’s the uh, the uh..

    Mario:
    Yes, it looks like this…

    Judge Masin:
    The Oahu one

    Mario:
    Yes.

    Judge Masin:
    In 1979?

    Mario:
    Yes. it’s just– again it’s just a (?) timeline. Basically this says Barry… Obama. BARRY Obama. In high school.

    Judge Masin:
    So in other words, if– in other words if he was called– if his– let’s assume– all right–and and we have a picture. We have a picture here and I can probably

    Ms. Hill:
    (Laughs)

    Judge Masin:
    reasonably assume this is the President of the United states in this picture, and it says Barry Obama. So in other words– in other words every person who has had a nickname used, ah, for them– by the way I note the last name here is Obama– every person who has had a nickname used for them in high school, there’s a question about their identity? Come on, counsel!

    Mario:
    Well that—no…

    Judge Masin:
    Let’s be, let’s be– I mean if this said Soetoro, I’d say yeah, maybe–it’s Barry Obama! It’s Barack Obama. You know, I mean how many people in this room, I don’t know, I– I don’t want to take a poll, running a poll– how many people in this room or in this building probably had a nickname used for them maybe when they were younger or even, even today and– and you’re going to suggest that that suggests there’s a question about their identity? Especially since we have a picture here that we probably all can pretty well recognize as being the uh… it looks pretty…pretty clear this is the President.

    Mario:
    Yeah your honor, a– you know in, in itself, okay– but we’re presenting a totality of circumstances here. So we can’t take things out of context and say, oh well it’s his nickname that’s ridiculous– yeah yeah, yeah, it’s ridiculous standing by itself…

    Judge Masin:
    With all due respect, and I’m not talking about these other documents that have the other names and so forth– this is a far stretch, counsel. This is a pretty far stretch.

    Mario:
    Well the only thing i’m offering, your honor, is that his name is Barry Soetoro. That’s all I’m saying.

    Judge Masin:
    No, it doesn’t say that. It says “Barry Obama.”

    Mario:
    I’m sorry. I’m sorry, your honor–I misspoke. I misspoke– Barry, Barry, uh, Obama.

    Judge Masin:
    I– I conceded to you that if it said Barry Soetoro, maybe, maybe there’s a little bit for you. It doesn’t say Barry Soetoro, it says Barry Obama.

    Mario:
    Yes– no, I misspoke, your honor. I, I– clearly, I said before it was Barry Obama.

    Judge Masin:
    This would be the same– this would essentially be the same, counsel– my legal name happens to be Jeff but everybody thinks it’s Jeffrey. And if everybody in high school called me Jeff with my last name, you’d be suggesting that with my picture that this is some question about my identity? Move on, counsel.

    Mario:
    No, your honor…

    Judge Masin:
    I’m giving you leeway…

    Mario:
    The totality…

    Judge Masin:
    There’s a limit to my leeway.”

    (from 6:10 to 8:38 here, with Theodore “Ted” Moran in the witness box, and Nicholas “Nick” Purpura looking on from the plaintiffs’ table:)

    https://www.youtube.com/watch?v=AHKJQ__W_4k

    gorefan: Where’s Purpura?This would seem to play right into Mario’s wheelhouse.No birth certificate stuff, no questions on place of birth, 100% definition of a natural born citizen.I’d think this was a case tailor-made for him.He even has a decent argument for a change.

  6. avatar
    bob April 10, 2016 at 12:18 pm #

    gorefan:
    Has Williams found a new approach that is doomed to fail?

    http://www.gloucestercitynews.net/clearysnotebook/2016/04/ted-cruz-risks-primary-disqualification-in-new-jersey-other-late-primary-states-charges-professor-victor-williams-bethes.html

    Same pony, slightly different trick: Williams alleges that Cruz committed fraud because Cruz “knows” he is ineligible. “Ballot fraud” is sexier than “difference of opinion.”

    And Wagner’s suit is also doomed by mootness; it won’t be taken up. But it is interesting that someone other than the usual birthers made it to SCOTUS first; I guess the regulars prefer haunting their favorite echo chambers.

  7. avatar
    gorefan April 10, 2016 at 12:33 pm #

    bob: Williams alleges that Cruz committed fraud

    The article was written by Williams and therefore sounds much more convincing that it actually is.

  8. avatar
    Dave B. April 10, 2016 at 6:16 pm #

    Farrar weighs in on Wagner, and adds…

    http://lawnewz.com/uncategorized/u-s-supreme-court-will-get-a-look-at-case-about-ted-cruzs-eligibility-to-be-president/#comment-2614752691

    “I will sue.”

  9. avatar
    The Magic M (not logged in) April 11, 2016 at 4:47 am #

    Williams cites New Jersey statute 19:23-15 on primary candidate petitions, a provision that provides that the candidate must certify eligibility

    The relevant section says

    shall file a certificate, stating that he is qualified for the office mentioned in the petition

    So still nothing for birthers to demand the candidate prove his eligibility.

  10. avatar
    bovril April 11, 2016 at 5:49 am #

    Yay….

    Falio the Putz in’a house…..!

    Yes, ’tis true not having learned anything in Purpura and the threat of sanctions, Mario has, it seems kinda returned to the fray.

    According to other serial muppet “Cmdr” Kerchner, Falio is

    https://cdrkerchner.wordpress.com/2016/04/10/breaking-news-constitutional-article-ii-expert-and-atty-mario-apuzzo-will-represent-objector-fernando-powers-at-nj-ted-cruz-eligibility-hearing/

    Breaking News: Constitutional Article II Expert Attorney Mario Apuzzo will Represent Objector Fernando Powers at Canadian-Born Ted Cruz NJ Eligibility Hearing to be Held on Monday, 11 Apr 2016, at 9:00 a.m. EDT in Mercerville NJ.

    Fortunately for Falio this is not in court but at the “Office Of Administrative Law” so the probability of summary sanctions for filing a frivolous lawsuit are alas probably off the table.

    Still, one could hope…….

  11. avatar
    Dr. Conspiracy April 11, 2016 at 8:19 am #

    There’s something odd about the SCRIBD link to the Williams challenge. It shows up as broken (line through) because a HTTP response of 410 was received, BUT, the link actually works. When I looked at the HTML source, I found this odd bit at the top:

          Thank you for choosing
                _    __                 _
       ___ __ _| |_ / _| ___   ___   __| |
      / __/ _` | __| |_ / _ \ / _ \ / _` |
     | (_| (_| | |_|  _| (_) | (_) | (_| |
      \___\__,_|\__|_|  \___/ \___/ \__,_|
    
  12. avatar
    Dr. Conspiracy April 11, 2016 at 10:53 am #

    Huge discussion on presidential eligibility here:

    http://www.thenewamerican.com/usnews/constitution/item/20606-ted-cruz-constitutionally-qualified-to-be-president

    I see that some of you are participants.

  13. avatar
    gorefan April 11, 2016 at 11:44 am #

    Any reports on the New Jersey hearing?

  14. avatar
    Dave B. April 11, 2016 at 1:33 pm #

    Guess who got it?

    http://pix11.com/2016/04/11/ted-cruzs-nationality-at-center-of-new-jersey-ballot-hearing/

    gorefan:
    Any reports on the New Jersey hearing?

  15. avatar
    gorefan April 11, 2016 at 3:08 pm #

    Dave B.:
    Another report:

    No mention of Apuzzo.

  16. avatar
    Joey April 11, 2016 at 4:14 pm #

    Dave B.:
    Guess who got it?

    http://pix11.com/2016/04/11/ted-cruzs-nationality-at-center-of-new-jersey-ballot-hearing/

    Why its déjà vu all over again!

  17. avatar
    Notorial Dissent April 11, 2016 at 4:35 pm #

    The guy in UT is allegedly a retired lawyer, although you wouldn’t know it from the crap he filed, or the fact that he filed it. He is also, as I understand a well known crank and frequent filer of frivolity. He at least should know better, but apparently doesn’t. The NY CRJ wannabe is just that, with possibly more personality. I don’t know anything about the NJ guy, but can guess. I can’t imagine he will fare any better. Really boring collection this time around.

  18. avatar
    Dave B. April 11, 2016 at 4:47 pm #

    Kerchner says Mario’s representing objector Fernando Powers. I’m keeping my fingers crossed for video.

    gorefan: No mention of Apuzzo.

  19. avatar
    brygeneon April 12, 2016 at 1:22 am #

    gorefan: Where’s Purpura? This would seem to play right into Mario’s wheelhouse. No birth certificate stuff, no questions on place of birth, 100% definition of a natural born citizen. I’d think this was a case tailor-made for him.

    You must be talking about some other “Mario”. Mr. Apuzzo threw in all the usual birther lies. In a verified complaint to the U.S. District Court for the District of New Jersey, Mario Apuzzo falsely claimed:
    “Obama stated publicly in San Francisco to a group of voters in 2008 that he traveled to Pakistan and we know that at the time such travel was prohibited to Americans using an U.S. passport.”
    And:
    “But such travel was forbidden to American citizens at the time.”
    Esquire Apuzzo signed his name to that. His clients, with the benefit of his advice, swore to it. Mr. Apuzzo’s birther cases were not about an eccentric legal theory. They were about smearing Obama with reckless disregard for truth.

  20. avatar
    brygeneon April 12, 2016 at 1:43 am #

    bob: Same pony, slightly different trick: Williams alleges that Cruz committed fraud because Cruz “knows” he is ineligible. “Ballot fraud” is sexier than “difference of opinion.”

    But it’s a crank argument, and from a law professor, disgusting. A serious scholar could write “Cruz is wrong”, or “Cruz’s argument is without merit”, but Williams’ claim, “Cruz knew (and knows) that he is not a ‘natural born citizen’,” is just garbage. Williams is a disgrace.

  21. avatar
    The Magic M (not logged in) April 12, 2016 at 5:53 am #

    Notorial Dissent: The guy in UT is allegedly a retired lawyer, although you wouldn’t know it from the crap he filed, or the fact that he filed it. He is also, as I understand a well known crank and frequent filer of frivolity.

    Happens. A very infamous German crank lawyer became a crank while still in the military (he was an LTC like my father), then studied law to become a professional crank. 😉 (He was infamous for accusing the judges in all his cases of being Nazis and “illegal judges” and was finally disbarred for damaging too many clients’ cases.)

    brygeneon: but Williams’ claim, “Cruz knew (and knows) that he is not a ‘natural born citizen’,” is just garbage

    Never forget that while smaller in numbers, LWNJ’s do exist (though he could also be a RWNJ, you never know). Being a professional in the field does not always insinuate from being mentally broken.