NY Ballot Access Challenge to Ted Cruz Tossed on Technicality – Missed Challenge Deadline
” … A blown deadline has once again resulted in the dismissal of a lawsuit contesting U.S. Sen. Ted Cruz’s “natural born” citizenship, and thus his eligibility to occupy the White House.
The state Appellate Division’s Third Department took less than 24 hours to affirm a lower court’s dismissal.
The suit was brought last month against Cruz and the state Board of Elections by two downstate men who questioned the Texas Republican’s placement on the state’s April 19 presidential primary. Cruz was born in Canada in 1970, though his mother was a U.S. citizen. (His father was at the time a Cuban national.) … “
Read the rest of the news about the NY State Supreme Court’s Appeal Division’s decision to toss the appeal on a technicality here: http://blog.timesunion.com/capitol/archives/247399/citing-blown-deadline-appellate-division-tosses-natural-born-suit/
My comment: The underlying challengers, just ordinary citizens, not being fully aware of the deadlines, messed up in filing their challenge a few days late. This has been a problem in several of the challenges by non-lawyer citizens to Ted Cruz and also in the past for some of the challenges to Obama. This time the citizen challengers did not give up but found competent attorneys to try and help resolve that technicality issue so as to get to the serious merits presented. The attorneys argued soundly that the arbitrary deadline (given the serious nature of the matters presented) can be waived in this matter. But still the appeal’s merits argued in the Memorandum of Law, Appellant’s Reply Brief filed by the NY attorneys, and the Amicus Curiae Brief filed by the Harvard Law Professor were not given any weight and the appeal was tossed aside solely using the technicality of a slightly missed deadline by the appellants to get it to the lower election board. So much for the appeal court member’s oath to support and defend the U.S. Constitution. The Constitution is the supreme law of the land and trumps any underlying law, regulation, or arbitrary slightly missed filing time technicality. There are U.S. Laws on the books regarding Misprision of a Felony and Misprision of Treason requiring judges and courts to take jurisdiction of such serious matters when pointed out to them, at any time. The appeal surely pointed out the violation of our supreme law of the land, the U.S. Constitution being perpetrated by Ted Cruz. If the Constitution is being violated and the court is made aware of it, timely or otherwise or at any time what-so-ever, the judges have a sworn duty to act to support and defend the Constitution. It is not their duty to pass the buck or duck the issue. The appeal showed clearly to them that Ted Cruz is not a constitutionally eligible candidate and is violating the U.S. Constitution and the very oath that Cruz himself took to support and defend it. But to these judges, who are putting deliberate blinders on, and are thus committing treason to the Constitution and their oath to it themselves, they are once again allowing that treason to the Constitution to continue to be foisted on the American Electorate with another ineligible candidate. They should have taken the case seriously on the merits and ruled that the merits need to be addressed by the Board of Elections or addressed it themselves. Instead the judges and administrators of the law look for any technical flaw to duck the merits of this issue of constitutional eligibility. If a challenger doesn’t cross the right “t” or dot the right “i” or miss a deadline by a couple of days, no matter how much the Constitution is in serious danger of being abrogated, as it is being pointed out in the merits, i.e., in that the “natural born Citizen” term in the presidential eligibility clause is being abrogated even further with Ted Cruz than Obama did (Obama claims Hawaiian birth), since Ted Cruz openly and legally admits that he was foreign-born to only a U.S. citizen at birth mother, these corrupt judges will still just duck and hide and toss it on some technicality every single time. These judges are committing treason to their Oath of Office and the U.S. Constitution by allowing some arbitrary deadline (which could have been waived as argued by the attorneys for the appellants) to trump the underlying very serious constitutional eligibility merits argued in the appeal filings and which should have been addressed and not ducked. But take note. The work of these NY attorneys is not done. More to come. Stay tuned. CDR Kerchner (Ret)
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Get PDF Copy of Ted Cruz Foreign Citizenship Facts Petition Here — Get PDF Copy of Marco Rubio Foreign Citizenship Facts Petition Here – Neither is constitutionally eligible to serve as President and Commander in Chief or Vice President!
More historical and legal papers and analysis on the true constitutional meaning and intent of the founders and framers of the presidential eligibility clause, natural born Citizen, in our U.S. Constitution can be found at this link: http://www.scribd.com/collections/3301209/
CDR Charles Kerchner (Retired)
Lehigh Valley PA USA
P.S. Also read this essay regarding the constitutional term in the presidential eligibility clause “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ