NY Ballot Access Challenge to Ted Cruz Tossed on Technicality – Missed Challenge Deadline

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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Read the: The Who What When Where Why and How of the “natural born Citizen” Term in Our U.S. Constitution

A Simple Euler Logic Diagram Shows Logical Relationship of “natural born Citizens” to Other Type “Citizens” of the United States. Only a “natural born Citizen” Can Constitutionally be the President and Commander in Chief or the Vice-President. Click on Image For More Information.

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
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com/

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

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Document Expert Vogt Appeals To 9th Circuit: Obama Birth Certificates Indisputably Forgeries; Seeks Grand Jury

Click on the Image for Details about Obama's Forged Birth Certificate and Selective Service (Draft) Registration Form
Click on the Image for Details about Obama’s Forged Birth Certificate and Selective Service (Draft) Registration Form

Document Expert Vogt Appeals To 9th Circuit: Obama  Birth Certificates Indisputably Forgeries; Seeks Grand Jury

Read about it here:  http://www.birtherreport.com/2013/11/doc-expert-appeals-seeks-grand-jury.html

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Congress Must Look At This & Take Action!

Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.
Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time. Such is the nature of Communist activities in the USA. The target of the seditious political conspiracy we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and our military. Remember this quote from history: “We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. … The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst.” Quote by: J. Edgar Hoover former FBI director. Source: Elks Magazine (August 1956).

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
https://cdrkerchner.wordpress.com/

P.S. Also read this essay regarding the legal term of art “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

CDR Kerchner (Ret) was Guest on The ‘Baer Haggerty Offensive’ Radio Show – 3:30 p.m. ET Wed today 18 Jul 2012

CDR Kerchner (Ret) was Guest on The ‘Baer Haggerty Offensive’ Radio Show — 3:30 p.m. ET Wed today 18 Jul 2012 – WNJC 1360 AM – Philadelphia PA.

Listen to the show on Podcast at this link:  http://www.kerchner.com/protectourliberty/radio-tv-news-interviews.htm

You can listen to their show live each Wednesday starting at 3 p.m. ET at:  http://www.duxpond.com/wnjc/listen.html

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The ‘natural born Citizen’ presidential eligibility clause in our U.S. Constitution is a national security clause inserted into our Constitution by John Jay and George Washington.  Read why the natural born Citizen clause is still important and worth protecting.

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty
https://cdrkerchner.wordpress.com/

“The American people will never knowingly adopt Socialism. But under the name of liberalism they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” Ronald Reagan alerting us to Norman Thomas’ and the socialist/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government.

Exclusive Video: Atty Apuzzo – Purpura & Moran v Obama Appeal Hearing – 30 May 2012 Trenton NJ

Click on image for more information on Atty Apuzzo’s legal filings and writings on the legal term of art “natural born Citizen”

Exclusive Video: Atty Apuzzo – Purpura & Moran v Obama Appeal Hearing – 30 May 2012 Trenton NJ | Video courtesy of Daniel Haggerty of the Baer Haggerty Offensive Radio Show

Watch the video or the hearing on 30 May 2012 here:   http://www.youtube.com/watch?v=_rsbd4HVre8

New Jersey Ballot Challenge Appeal Hearing Report From Mario Apuzzo, Esq:  AUDIO-VIDEO HERE

Coverage of the NJ appeal hearing by Essex County Conservative Examiner:  http://www.examiner.com/article/obama-eligibility-and-judicial-embarrassment-nj

UPDATE 31 May 2012 from Atty Apuzzo: The Appellate Division has rendered it decision. The Court has affirmed, for the reasons stated in those decisions, the decision of the ALJ and the Secretary of States on all points. The decision may be read here: http://www.scribd.com/doc/95462169/Purpura-Moran-Appellate-Division-Decision-a4478-11-5-31-12

 

Further coverage of the decision in NJ by Terry Hurlbut’s of the Essex County Examiner: NJ appeals court rejects Obama eligibility challenge

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The ‘natural born Citizen’ presidential eligibility clause in our U.S. Constitution is a national security clause inserted into our Constitution by John Jay and George Washington.  Read why the natural born Citizen clause is still important and worth protecting.

Five Citizenship Terms Mentioned in the U.S. Constitution: http://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-US-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same 

Of Trees and Plants and Basic Logic and Citizenship Types: http://www.scribd.com/doc/44814496/Of-Trees-and-Plants-and-Basic-Logic-Citizen-at-Birth-NOT-Identical-to-Natural-Born-Citizen

See evidence Obama forged the birth certificate posted on White House servers 27 Apr 2011: http://www.scribd.com/collections/3166684

See evidence Obama is using a SSN 042-68-4425 not legally issued to him: http://www.scribd.com/collections/3260742

See evidence of Obama’s forged and back dated draft registration here: http://www.debbieschlussel.com/4428/exclusive-did-next-commander-in-chief-falsify-selective-service-registration-never-actually-register-obamas-draft-registration-raises-serious-questions/

Click on image for more details

The Obama constitutional eligibility issue is not a fringe issue:

 A poll done by Public Policy Polling (PPP) shows that almost 2/3 of GOP voters want Obama’s constitutional eligibility and true legal identity investigated: http://www.wnd.com/index.php?fa=PAGE.printable&pageId=340805

This recent poll in AZ shows 6 out of 10 voters there want Obama identity and eligibility investigated: http://www.wnd.com/2012/05/amazing-number-want-to-know-candidates-eligibility

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
https://cdrkerchner.wordpress.com/
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/

“The American people will never knowingly adopt Socialism. But under the name of liberalism they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” Ronald Reagan alerting us to Norman Thomas’ and the socialist/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government