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“AUTOMATED RECORD” RELEASED
by Sharon Rondeau
(Apr. 25, 2015) — Through a recent Freedom of Information Act (FOIA) request, The Post & Email obtained a copy of presidential candidate Sen. Ted Cruz’s Selective Service registration with an explanatory letter from Richard S. Flavahan, Associate Director of Public & Intergovernmental Affairs.
Flavahan’s signature also appeared on letters accompanying the release of Barack Hussein Obama’s purported Selective Service registration form and “DLN” printout requested by at least several individuals early in Obama’s first term in the White House.
Registration with the Selective Service System is required for all males in order to secure employment with the federal government.
On March 23, 2015, Cruz announced that he was seeking the presidency in 2016. Born in Calgary, Alberta, Canada to a Cuban father and American mother, Cruz’s constitutional eligibility in regard to the “natural born Citizen” clause in Article II, Section 1, clause 5 of the U.S. Constitution has been questioned by many.
The “natural born Citizen” requirement is believed by numerous constitutional scholars to indicate a higher level of citizenship and allegiance than simply “a Citizen.”
Swiss philosopher Emmerich de Vattel’s treatise on citizenship and international relations, “The Law of Nations,” which was used as a reference by the Framers of the Constitution, states in Section 212 that “in order to be of the country, it is necessary that a person be born of a father who is a citizen.”
Columnist JB Williams has suggested that both of Cruz’s parents obtained Canadian citizenship while they were working in the oil industry in Canada in the late 1960s. Cruz’s father, Rafael Bienvenido Cruz, has affirmed that he became a Canadian citizen during that time.
On August 19, 2013, The Dallas Morning News reported that Cruz was born a dual Canadian-U.S. citizen, although no documentary evidence has been presented. Cruz’s birth certificate released to the publication at the time confirms his Canadian birthplace. In response, Canadian immigration attorneys and government officials reportedly told the newspaper that anyone born in Canada, regardless of the parents’ citizenship, is automatically granted Canadian citizenship.
Cruz claimed not to have been aware that he was a Canadian citizen for his entire life until renouncing that citizenship in May of last year in apparent preparation to launch a presidential campaign.
The News additionally reported that Cruz’s mother “registered his birth with the U.S. consulate” and that Cruz traveled on a U.S. passport in 1986 while on a high school trip. However, no documentation supporting the claims was presented.
The week before announcing his bid for the U.S. presidency, two former Solicitors General wrote an opinion piece published in the Harvard Law Review asserting that Cruz is a “natural born Citizen” because he has one U.S.-citizen parent.
Obama’s eligibility has been in doubt since late 2007 when commentator Chris Matthews stated that Obama was “born in Indonesia” while speculating whether or not Hillary Clinton would raise the issue as she vied with Obama for the Democrat Party nomination.
Obama’s life narrative now states that he was born in Hawaii on August 4, 1961, but his literary agent reported his birthplace as Kenya between 1991 and April 2007, two months after he announced his presidential candidacy.
Obama supporters have contended that he is eligible by virtue of having been born to a U.S.-citizen mother on U.S. soil. Obama’s claimed father was never a U.S. citizen.
Blogger Debbie Schlussel had first suggested, after receiving documents obtained by a FOIA requester, that Obama’s Selective Service registration form was falsified resulting from two requesters having received different DLN printouts associated with Obama’s record. The registration form bears a two-digit date, while The Sonoran News reported that more than a dozen others received through a FOIA request in 2009 bear a four-digit year.
Through a criminal investigation, the Maricopa County, AZ Cold Case Posse reported in March 2012 that Obama’s Selective Service registration form is a “computer-generated forgery” along with his long-form birth certificate, which has been posted on the White House website since April 27, 2011.
Selective Service System Director Lawrence Romo, an Obama appointee, refused lead investigator Mike Zullo and Maricopa County Sheriff Joe Arpaio an opportunity to inspect Obama’s original Selective Service registration form presumed to be in the possession of the agency, advising them to contact the FBI if they believed a crime had been committed.
Registration with the Selective Service is mandatory for all U.S.-citizen males, permanent residents, “undocumented immigrants,” and “refugees” are also required to register before they turn 26.
U.S. citizens possessing dual citizenship with another country are also required to register unless certain conditions are present.
Today, the U.S. State Department recommends that American parents whose child is born outside of the United States file a Consular Report of Birth Abroad (CRBA) with the nearest U.S. consulate in their country of residence so as to render the obtaining of a U.S. passport or other proof of citizenship uncomplicated.
In speaking with an attorney experienced in U.S. immigration law approximately one month ago, The Post & Email was told that it is not mandatory that a CRBA be filed to prove U.S. citizenship for a child born outside the U.S.
FOIA requests filed with the Federal Trade Commission (FTC) resulted in the release of 116 pages of memos and letters Cruz signed while he served as Policy Director between 2001 and early 2003. The Post & Email additionally asked for any application forms Cruz might have completed to obtain the position as well as performance reviews but was told that those are protected from disclosure through exemption 6(b).
U.S. Citizenship and Immigration Services (USCIS) denied The Post & Email’s request for Cruz’s naturalization documents if, in fact, they exist, based on privacy exemptions despite his declared presidential candidate status.
Our request to the Selective Service System asked for a copy of Cruz’s “Selective Service registration form and accompanying DNS record.”
On April 23, we received the following explanatory letter and form from the Selective Service System.
If Cruz and fellow Sen. Marco Rubio, who was born in Florida to two Cuban-citizen parents, are considered as meeting the “natural born Citizen” requirement, then the apparent contemporary definition has changed from “born on U.S. soil to a U.S.-citizen mother” in Obama’s case to “born to a U.S.-citizen mother in a foreign country” to “born on U.S. soil to foreign-citizen parents.”
Children in the latter category are often referred to as “anchor babies” because they are granted U.S. citizenship without consideration of the parents’ allegiance. Some recent movement has taken place in the Congress to repeal “birthright citizenship,” which became standard after the passage of the 14th Amendment. Many consider that interpretation of the amendment defective.
In April 2008, a U.S. Senate resolution declared Sen. John McCain a “natural born Citizen” despite his birth in Panama based on his parents’ having been U.S. citizens and his father an admiral in the U.S. Navy at the time.