Appeal Filed in Presidential Eligibility Lawsuit

“A CONSTITUTIONAL QUESTION OF LAW”

by Sharon Rondeau

http://www.elections.ny.gov/RunningOffice.html

(Aug. 31, 2017) — New York State citizen and registered voter Robert Laity has filed an appeal in the case of Laity v. State of New York regarding the constitutional eligibility of three 2016 presidential candidates.

A citizen student of the law, Laity is representing himself as he has in previous ballot challenges and legal actions in which he questioned Barack Hussein Obama’s constitutional eligibility to serve as President of the United States.

One of the issues Laity has raised in all of his legal actions outside of any specific candidates dating back to 2008 is that the NYSBOE misstates the “natural born Citizen” presidential requirement as “born a citizen.”

In February 2016, a hearing was held to adjudicate three respective ballot challenges to the candidacies of U.S. Sen. Marco Rubio, U.S. Sen. Ted Cruz, and former Louisiana Gov. Piyush (Bobby) Jindal, one of which was Laity’s.

During the Constitutional Convention of 1789, the Framers placed three requirements for the president, who is also the commander-in-chief, into Article II, Section 1, clause 5 of the final draft of the U.S. Constitution: that he be 35 years of age or older; that he have lived in the country for 14 years or more; and that he be a “natural born Citizen.”

Cruz was born in 1971 in Calgary, Alberta, Canada to a Cuban-citizen father who became a Canadian at some point during the approximately five years the family resided there. Cruz’s mother was born in Delaware and is presumed to have maintained her U.S. citizenship while in Canada.  Cruz maintains that he is a “natural born Citizen” of the United States by virtue of his birth to a U.S.-citizen parent.

A report received by this publication in May 2016 from a highly reliable source strongly suggested that like her husband, Eleanor Darragh Wilson Cruz took Canadian citizenship before the family returned to the United States in 1973, settling in Houston.  If accurate, whether or not Eleanor became a Canadian citizen before or after her son was born is not known to The Post & Email’s knowledge.

In August 2013, The Dallas Morning News reported that Cruz was born a dual U.S.-Canadian citizen at the same time as it released a scan of his Canadian birth certificate purportedly received from the Senator.  After publication of the article, Cruz claimed he was unaware that he was born with any type of Canadian citizenship and renounced it the following year amid widespread speculation that he planned to run for U.S. president.

As The Post & Email has reported, there appear to be no government-issued documents to which Cruz has put his signature indicating that he is a U.S. citizen which the public has been permitted to see.

When CNN’s Dana Bash asked Cruz during the primaries if his claim to natural-born citizenship would survive a legal “test,” (5:06) Cruz responded, “The Constitution and laws of the United States are straightforward.  The very first Congress defined the child of a U.S. citizen born abroad as a ‘natural born Citizen.’..At the end of the day, this is a non-issue.”

Cruz did not reveal, however, that the 1790 Naturalization Act to which he referred was repealed five years later.

In his own interview with Bash, Rubio said that Cruz is not “naturalized” and that Cruz’s eligibility is a “total non-issue.”  However, in April 2016, NBC News reported Cruz as having been “naturalized” as a U.S. citizen in 2014, which virtually all Americans agree does not equate to being “natural born.”

Laity is not the only party to have challenged Cruz’s eligibility.  In 2016, write-in presidential candidate and law professor Victor Williams filed legal challenges to Cruz’s candidacy, first representing himself and later represented by Atty. Mario Apuzzo of New Jersey.

In 2009, Apuzzo filed a case against Obama, Congress and other defendants on behalf of CDR Charles F. Kerchner, Jr. (Ret) and three other plaintiffs stating, among other claims:

Obama claims to have been born in Honolulu, HI on August 4, 1961 to a U.S.-citizen mother and British-citizen father at the time.  As his occupation of the White House unfolded, a “long-form” birth certificate was posted at whitehouse.gov which was later declared a “computer-generated forgery” by a five-year criminal investigation conducted through the Maricopa County Sheriff’s Office (MCSO).  Obama Selective Service registration form was also found to be a forgery.

Neither Congress, the media nor the FBI has ever investigated the findings, which are supported by those of two forensic analysts who examined the image from different disciplines as revealed at a press conference on December 15, 2016.

While the investigation into Obama’s birth certificate did not encompass determining Obama’s birthplace, a myriad of credible reports existed before his first presidential election in 2008 stating that he was born in Kenya or Indonesia, not Hawaii.

Rubio and Jindal’s backgrounds are similar in that each was born in the United States to parents legally admitted to the U.S. but who were not yet U.S. citizens.  Rubio was born in Florida and Jindal in Louisiana.

President Donald Trump, who first questioned Obama’s eligibility in early 2011, also raised questions about Cruz and Rubio’s eligibility during the 2016 campaign.

Laity has written to Trump on two occasions since his inauguration to express his concern over Obama’s alleged usurpation of the presidency not once, but twice.

After its hearing in February of last year, the New York State Board of Elections (NYSBOE) dismissed Laity’s eligibility challenges on the grounds that “the objection raises issues which are beyond the ministerial scope of the State Board to determine and such objection is made in the incorrect venue, as no direct election for President of the United States occurs via election day ballots.”

From there, Laity appealed through the courts, ultimately landing in the Appellate Division, Third Department, from which he received a notice of dismissal dated August 10, 2017.  Part of the court’s reasoning reads:

To the extent that petitioner challenges the primary ballot and the general election ballot, the proceeding is moot because the 2016 presidential primary and general elections have already taken place and “the rights of the parties cannot be affected by the determination of this” appeal (Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; see Matter of Danielewicz v Aurigema, 58 NY2d 881, 881-882 [1983]; Matter of Reed v Walsh, 101 AD3d 1661, 1662 [2012]). The exception to the mootness doctrine does not apply inasmuch as this case does not present the type of issue that would typically evade review (see Matter of Hearst Corp. v Clyne, 50 NY2d at 714-715). The substantive issue presented would not have evaded judicial review had petitioner timely commenced this proceeding, which would have enabled Supreme Court to hear the case before the presidential primary election and petitioner to take an expedited appeal therefrom.

Laity bases his claim that the three former presidential candidates are ineligible on the premise, tangentially referred to in the U.S. Supreme Court case Minor v. Happersett, that a “natural born Citizen” is a person born in the U.S. to two U.S.-citizen parents.

Former presidential candidate Cody Robert Judy has based his lawsuits against Obama and Sen. John McCain on the same definition of the term of art contained in Article II.

In his Statement in Support of Motion dated August 18, 2017, Laity wrote:

This case involves a Constitutional Question of Law. It illustrates an overt conflict regarding the application of Federal law by the State of New York. This very same issue a conflict between what the State applies and what the Constitution actually requires them to apply was brought before this court in Laity v NY, Obama, Motion #2013-1002… This matter has evaded review for the (9) years since I first broached it to the NY State Board of Elections. As early as the year 2008, the New York State Board of Elections has overtly misrepresented the established US Constitution requirements found in Article II, Sec. 1, Clause 5 and the 12th Amendment that a President and Vice-Pres. both be a “Natural Born Citizen”.

Laity’s appeal documents are below.

Laity v NY et al Motion for leave to Appeal to the NYS Court of Appeals

Laity v NY et al at the NYS Court of Appeals

Laity v NY STATEMENT in support of Motion – NEW YORK STAT1

Laity v NY et al @ the NYS Court of Appeals Signature page

Update:  On Friday, September 1, Laity told The Post & Email:

The appeal is to the New York State Court of Appeals which, in the majority of States, is referred to as their State “Supreme Court”. In NY’s system the “Supreme Court” is the primary starting point for entry into the State’s Court System from Local Courts. There are Supreme Court Branches in the State.

Any appeals from actions of these Supreme Courts are then taken to the NY State Supreme Court Appellate Division. Any appeals from those courts are taken finally to the NY State Court of Appeals in the same manner that one would petition SCOTUS.

While SCOTUS grants of Writs of Certiorari are at the discretion of the SCOTUS, some appellants in NY Courts have a statutory right, under certain circumstances, to appeal to the NYSCOA.

I am entitled to appeal to NYSCOA because I have proferred a question  of US Constitutional import.

 

 

21 Responses to "Appeal Filed in Presidential Eligibility Lawsuit"

  1. Robert Laity   Sunday, September 3, 2017 at 2:03 PM

    David L, Kaczynski is a “Natural Born Citizen”. The 14th amendment provides that anyone convicted of either insurrection, rebellion or treason and who has previously been sworn in under oath in any elected office, cannot be president or hold “any office under the U.S.”

    However, one who has not ever been sworn it to any office can still be President unless they fall under the specific prohibition placed upon certain felons who lose their right to hold “any office under the United States” as well as their right to vote.

  2. Rick Daman   Saturday, September 2, 2017 at 10:26 PM

    @Don Fredrick

    Queen Noor of Jordan renounced her U.S. citizenship when she married King Hussein in 1978. Their first child was born in 1980, so none of their children have any claims to U.S. citizenship.

  3. David L.   Saturday, September 2, 2017 at 1:46 AM

    Does anyone seriously believe that Theodore John Kaczynski who was born in the Chicago to second generation American citizens could serve as President of the United States?

  4. Gary Wilmott   Friday, September 1, 2017 at 11:56 PM

    Of course NOT Don.

  5. Three-Pound Sledge   Friday, September 1, 2017 at 10:40 PM

    @ Don Frederick:

    FYI, Winston Churchill received honorary U.S. citizenship from POTUS Kennedy with full support of Congress. Churchill was a foreign national and still a British subject despite this honorary ceremony. Thank god Churchill’s bust and spunk have both been returned to the White House.

    http://www.winstonchurchill.org/the-life-of-churchill/senior-statesman/churchill-honored-with-us-citizenship

    Hussein Obama and Rafael E. Cruz shall forever be undocumented aliens in my mind. Rubio and Jindal ? just anchor babies who abused the 14th Amendment and Article II, Section 1, Clause 5 of the U.S. Constitution.

  6. TRUMP 44...43?   Friday, September 1, 2017 at 10:03 PM

    ROBERT LAITY
    You a bad dude…thanks for heads up on Mr Chester A.

  7. Don Fredrick   Friday, September 1, 2017 at 8:22 PM

    Ted Cruz was born in a country other than the United States; Cruz’s mother was a U.S. citizen; Cruz’s father was not a U.S. citizen.

    Winston Churchill was born in a country other than the United States; Churchill’s mother was a U.S. citizen; father was not a U.S. citizen.

    If Ted Cruz could serve as president, so could Churchill. Is anyone claiming Churchill could have been president?

    How about the Jordaninan children of Queen Noor? She is a U.S. citizen; her children have the same status as Cruz and Churchill. Can her children, Prince Hamzah bin Hussein, Prince Hashim bin Hussein, Iman bint Hussein, and Raiyah bint Hussein serve as U.S. president?

  8. Robert Laity   Friday, September 1, 2017 at 7:04 PM

    Bendore, The Law of Nations defines what a “Natural Born Citizen” is., “Les Naturelles, ou indigenes, sont ceux qui sont nes de le pays de ParentS CitoyenS”. It translates to Natural Born Citizens are those born in a country to parents who are both citizens.

    I use Minor as my foundation because Virginia Minor WAS a Natural Born Citizen.

    The Supreme Court UNANIMOUSLY affirmed the definition of an NBC found in the Law of Nations, which in the 18th Century was in ubiquitous use in every US and British Court. Indeed, Congress’s power to “define and punish…offenses of the Law of Nations” is enshrined in the US Constitution at Art. I, Sec. 8.

    The Court DID address what an NBC is as “One born in the US to parents who are both US Citizens themselves”. By unanimous vote. The court qualified this by saying that there was “NO doubt” to this class of citizens but that there “WAS doubt” as to the other classes that did not consider one’s parent’s status.

    When “doubt” exists the Courts MUST go where there is “NO doubt”. The Supreme court reaffirmed the definition of an NBC used in Minor v Happersett in at least FOUR other cases., the Venus, US v Wong Kim Ark, Shanks v Dupont and Laity v NY (definition left undisturbed).

    See: http://www.thepostemail.com/2009/10/18/4-supreme-court-cases-define-natural-born-citizen

  9. Robert Laity   Friday, September 1, 2017 at 6:32 PM

    Trump 44, Trump is actually Trump 43. We’ve had two usurpers in the White House who did not meet the Article II “Natural Born Citizen” requirement. Chester Arthur and Barack Obama.

    Every one of the US Presidents , except for 1 through 7 who were grandfathered in, CA and BHO, had parents who were both US Citizens and were born IN the US.

  10. bendore   Friday, September 1, 2017 at 3:45 PM

    Laity’s problem is that he anchors his argument on Minor v. Happersett, however Minor v. Happersett does not address the issue of whether one must be born on US soil or have US citizen parents in order to be a Natural Born Citizen and is therefore completely useless to his argument.

  11. TRUMP 44   Friday, September 1, 2017 at 1:29 PM

    MUST WATCH:
    I found a video on YouTube recently that got my blood boiling. Here’s the link…https://youtu.be/MTLxXnfwI2A.
    It shows in plain view Republican John Mica and Democrat Elijah Cummings give hand signals to Jim Comey during Hearing regarding Hillary. In plain terms…they told him to lie. Please watch video, I promise you will be astonished. Pay special attention to Elijah Cummings. ..he looks around the room right before he sends hand signal to Comey. UNBELIEVABLE! .

  12. TRUMP 44   Friday, September 1, 2017 at 12:38 PM

    @JONATHAN DAVID MOOERS,
    Thank you for comments. You and I think alike, you just have better writing skills. The way you conveyed your message was pretty awesome in my book. Both subliminal and straightforward. I also liked your “pres’ID’ential” word usage! Clever. Remember, there are many people who are with us out there…we need to converge and turn up the heat on this. We’re talking fabric of America here.

  13. jeffrey Harrison   Friday, September 1, 2017 at 12:30 PM

    Robert, thanks for your efforts for we just don’t know when success will come. Stephen Miller
    is so correct in that we just don’t know when success will occur, but for trying…

    You are like that old Time X watch commercial, …you keep on “ticking”. Who knows what
    effort will be successful, but we aren’t going to be successful unless we (all) attempt action.

  14. Robert Laity   Friday, September 1, 2017 at 12:02 PM

    All papers in this case were sent off to the Clerk of the Court, by FedEx on August 30, 2017.The respondents, Eric Shneiderman, NY State Attorney General and Rafael Cruz have until September 18, 2017 to respond.

  15. TRUMP 44   Friday, September 1, 2017 at 11:12 AM

    We all know Obama was/is a fraud. Improperly vetted. Fake birth certificate, and fake social security number, and fake Selective Service Card. We’re all pretty much sick and tired of thousands of government employees conspiring and covering for him.
    And if somehow he is indicted and found guilty I think it would cause major chaos and rioting in OUR country. Most of us don’t want that to occur. But, if all of this fades away and the next fraud wants to pull the same rabbit out of the hat will he or she receive a pass?

  16. Sharon Rondeau   Friday, September 1, 2017 at 11:02 AM

    The “Notice of Motion for Leave” indicates that the next court is the New York State Court of Appeals.

    Trump on Rubio’s eligibility: http://www.cnn.com/2016/02/21/politics/donald-trump-marco-rubio-eligibility/index.html

  17. Stephen Hiller   Friday, September 1, 2017 at 10:53 AM

    Edison failed many times and kept trying – had he stopped after such failures, would we have lightbulbs today? Kudos to those who fall down 100 times, but rise back up 101.

  18. JONATHAN DAVID MOOERS   Friday, September 1, 2017 at 10:30 AM

    http://www.orlytaitzesq.com/collapse-of-america-08-28-08-today-due-to-silent-licensed-attorneys/#respond

    http://www.wnd.com/2012/01/georgia-judge-considered-default-against-obama/

    Good Luck to Knowledge Patriot Robert Laity in his latest effort to secure the rightful intellectual property of some 323,000,000 presIDential-knowledge-robbed American citizens.

    While We the People are most responsible for allowing our so-called “U.S. Government” to foist an undocumented Soetoro-Obama II into the highest office of the land, licensed attorneys are the most responsible practitioners for allowing Obama’s unaccounted lawlessness 08-28-08- TODAY, don’t you think?

    In the most elemental terms of this on-going presIDential-felony issue herein, the majority invisible brain thinking of the framers of the U.S. Constitution of 1789 was that the invisible brain thinking of America’s Commander-in-Chief must, ideally, be 100% “America First” with 0% foreign influence, thus, their “extreme vetting” inclusion of the “natural born Citizen” versus “citizen” verbiage of Article II, Section 1, clause 5.

    It’s the brain, stupid.

    Licened attorneys are supposed to be the formally educated, formally tested, continuingly educated, law abiding and formally state-licensed policemen of the invisible brain thinking of our nation’s inventory of some 323,000,000 minds; policemen of the behaviorial “brain jail cells” of human minds.

    The only thing we humans control in this real world is our invisible thinking; everything else is God-provided.

    Therfore, I propose that every licensed attorney (both licensed lawyers and judges) that refuses to fully cooperate with Robert Laity herin, that refuss to fully identify felony-presIDent Soetoro-Obama II, that refuses to hear such felony-ID cases anywhere in America (including that of Ted Cruz naturalization documentation) for any legal (or regal) “reason” , that refuses to subpoena ID documents A thru Q of Item 207 herein: http://www.carlgallups.com/zullo-affidavit.pdf et al, BE FORMALLY CHARGED WITH PROFESSIONAL MALFEASANCE AND NATIONALLY SYNDICATED RICO COMPLICITY with each complicit attorney’s state-licensing board.

    The unaccounted lawlessness We the People have endured because of Nancy Pelosi’s licensed-attorney-assisted Day In Infamy, 08-28-08, rests squarely on the shoulders of complicit criminal licensed attorneys and their criminal revenue-collecting state attorney licensing Boards.

    As a licensed professional engineer (PE) in New York since 1991, I fully expect to have my NYPE license suspended, reprimanded, fined or fully revoked for criminal refusal to hold the life, safety and health of the inhabitants of the State of New York “of paramount importance”. This condition must always also apply to licensed attorneys, don’t you think?

  19. Philo Vance   Friday, September 1, 2017 at 10:03 AM

    Questions:

    Which court is Laity appealing to?

    Do you have a link to Trump questioning Rubio’s eligibility?

  20. Three-Pound Sledge   Friday, September 1, 2017 at 8:54 AM

    WOW!

    It takes more background documentation to register your automobile at your State DMV than it does to get on a ballot for POTUS.

  21. JONATHAN DAVID MOOERS   Thursday, August 31, 2017 at 10:57 PM

    THERE NEVER IS, NEVER WAS AND NEVER WILL BE A 44th CONSTITUTIONAL presIDential candIDate/presIDent/ex-presIDent Adopted Barry SOETORO-Narrative OBAMA II because Knowledge Patriots on Main Street USA have acquired knowledge of his ID-felonies and find that his studied behavior, when translated into English, says to objective observers that the invisible thinking of Soetoro-Obama II is that of a traitor to previously established and prescribed generally accepted laws and traditions and values of the United States of America since 1620.

    Beginning on 08-28-08, Nancy Pelosi led our nation’s responsible parties away from Constitutional presIDential eligibility restrictions and virtually every elected Congressperson, virtually every state election official, every state electoral college member and virtually every single U.S. Government employee and virtually every licensed U.S.-attorney have followed her willful leadership and covered-up the full rightful identity-property of The Pelosi-Soros’ Soetoros (Barry and Michelle) from some 323,000,000 American citizens 08-28-08- TODAY.

    It will be the duty of every single private American citizen to rise up and look down upon their Pelosi-Soros’ Soetoro-Obama II-traitor-government 08-28-08- TODAY AND TELL THIS TRAITOR-GOVERNMENT THAT THERE NEVER WAS, NEVER IS AND NEVER WILL BE A 44th CONSTITUTIONAL presIDent SOETORO-OBAMA II UNTIL PRIVATE KNOWLEDGE PATRIOTS AND U.S.GOVERNMENT ELECTION OFFICIALS AGREE HE IS/WAS/WILL REMAIN A 100% VERIFIABLE IRRETUTABLY FULLY IDENTITIED 44th CONSTITUTINAL presIDent.

    Until this government/private agreement of fact occurs, the United States of America remains an unaccounted criminal-led Constitutional Republic in Name Only (CRINO) 08-28-08- TODAY, subject to mass punishment.

    All spoof and no proof = CRINO 08-28-08- TODAY

    A nation led by ID-felons can not stand.

    Pelosi-Soros’ Uncle Wiggly game-board used in the 2008 and 2012 criminal-presIDential elections = https://www.usa.gov/election
    http://canadafreepress.com/2009/williams091209.htm
    http://www.newswithviews.com/JBWilliams/williams279.htm
    https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=196697 (Statutory Profile Last Certified On: 06/27/2017 for Lyin’ Ted the Undocumented Fed = America’s First Canadian-citizen Senator?)
    http://www.orlytaitzesq.com/evidence-of-forgery-fraud-fabrication-in-obamas-ids/#comments

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