New Jersey Cruz Eligiblity Challengers File “Exceptions” to Judge’s Opinion

ALLEGATION:  JUDGE WAS “CHERRY-PICKED” BASED ON “PAST EXPERIENCE”

by Sharon Rondeau

New Jersey Administrative Law Judge Jeff Masin

(Apr. 13, 2016) — On Wednesday afternoon, The Post & Email received a message from Republican presidential candidate Victor Williams containing two documents he reported were filed in response to New Jersey Administrative Law Judge Jeff Masin’s opinion issued Tuesday evening stating that fellow Republican presidential candidate Ted Cruz is a “natural born Citizen.”

On Monday morning, Williams and Atty. Mario Apuzzo argued their objections to Cruz’s placement on the New Jersey primary ballot to Masin.  Atty. Shalom Stone represented Cruz.  Williams, who is an attorney and teaches law at Catholic University of America in Washington, DC, represented himself, while Apuzzo represented three New Jersey citizens and registered voters.

Cruz was born in Calgary, Alberta, Canada to a Cuban father and a mother born in the U.S.  Cruz claims that his mother never became a Canadian citizen as her husband reportedly did in 1973 and that his alleged “citizen-by-birth” status makes him a natural born Citizen as required by Article II, Section 1, clause 5 the U.S. Constitution.

In his opinion issued on Tuesday after hearing the arguments, Masin wrote that the objectors possessed “standing,” that their objections were “justiciable,” and he acknowledged that Cruz was born outside the country.  However, Masin then wrote, in part:

His mother was born in the State of Delaware in 1934, and was a citizen at the time of her birth and remained so.  Further, it is undisputed that at the time of his birth to an American citizen, Mr. Cruz was a citizen of the United States.  Therefore, this case involves a purely legal issue, that is, is Senator Cruz a “natural born Citizen?”

In an interview following the presentation of arguments on Monday evening, Apuzzo told The Post & Email that he “did not concede” that Cruz was born to a U.S.-citizen mother.  “I’m not saying he’s not, but he has the burden [of proof],” Apuzzo said he told the judge, then asked, “Why doesn’t he just conform with a little paperwork?”

On Monday night, Pete Williams of NBC News published a report on Williams’s write-in candidacy and ballot challenge to Cruz’s eligibility while contending that Cruz “became a naturalized U.S. citizen in 2014.”

Cruz renounced his Canadian citizenship in May 2014, nine months after The Dallas Morning News revealed to the public that he possessed it, a fact which Cruz’s Senate office originally denied.  Some speculated as to why it took Cruz nine months to file the renunciation request, which costs $100 and must be accompanied by evidence that the applicant has or shortly will have citizenship in another country.

On pages 21 and 22 of Masin’s opinion, he relied on the 1790 Naturalization Act, which referred to children born “beyond sea” to U.S. citizens as “natural born citizens.”  However, Masin did not discuss that the statute was repealed five years later.

Masin concluded that despite Cruz’s having been born outside the country and that doubts about his eligibility continue to exist, “…the more persuasive legal analysis is that such a child, born of a citizen-father, citizen-mother, or both, is indeed a ‘natural born Citizen’ within the contemplation of the Constitution.”

An essay published in the Harvard Law Review Forum 12 days before Cruz declared himself a presidential candidate, although arguing strongly that Cruz is eligible by the 1790 Act, also acknowledged that in regard to the presidency, “a naturalized citizen cannot serve.”

Williams’s email reads:

On April 13, 2016 Victor Williams filed an “Exception” (protest)  with the New Jersey Secretary of State to respectfully but strongly disagree with the “Initial Decision” of administrative hearing officer/judge Jeff Masin.

In addition to detailing the substantive errors in Mr. Masin’s determination, Williams raised serious ethical and procedural concerns regarding how the New Jersey Office of Administrative Law had “recalled” Mr. Masin in a special appointment to hear the Cruz dispute rather than follow regular order in the random appointment of an existing, neutral OAL hearing officer/judge.

The final and only real judge in the ballot disqualification matter is Lt. Governor/Secretary of State Kim Guadagno whose sworn duty is to protect the integrity of the New Jersey ballot.  She will issue a ruling by Thursday, April 14, 2016.

Williams’s and Apuzzo’s respective briefs are uploaded below.

Williams began his brief by stating that Masin was “cherry-picked” to preside over Monday’s ballot objections without regard to “a regular order of a random assignment.”

On page 2 of his brief, Apuzzo stated, “ALJ Masin has neither considered nor addressed the historical and legal evidence that objectors provided in their two briefs to the court.”

WILLIAMS EXCEPTIONS april 13

STATE OF NEW JERSEY exceptions by powerss

 

 

10 Responses to "New Jersey Cruz Eligiblity Challengers File “Exceptions” to Judge’s Opinion"

  1. cfkerchner   Friday, April 15, 2016 at 12:28 PM

    Update – 14 Apr 2016: Objector Victor Williams sends final request to NJ Governor Chris Christie for Admin Review re Foreign-Born Ted Cruz Constitutional Ineligibility and to keep ineligible Ted Cruz off the NJ ballot for President https://www.scribd.com/doc/308882350/Objector-Victor-Williams-Sends-Final-Request-to-NJ-Gov-Christie-for-Admin-Review-re-Foreign-Born-Ted-Cruz-Constitutional-Ineligibility

  2. gm   Thursday, April 14, 2016 at 8:45 PM

    All around dishonesty & incompetency. Garbage in- garbage out

  3. James   Thursday, April 14, 2016 at 7:31 PM

    Williams files Petition for Relief with N.J. Secretary of State !!!! http://victorwilliamsforpresident.com/shame-on-lt-govseretary-of-state-kim-guadagno

  4. cfkerchner   Thursday, April 14, 2016 at 1:39 PM

    The recommendation by Admin Judge Masin that was accepted and approved the NJ Sec of State and LtGov Kim Guadagno can be appealed to the NJ Superior Courts. In fact an appeal is being prepared by both parties/objectors as I write this. See: http://www.victorwilliamsforpresident.com/shame-on-lt-govseretary-of-state-kim-guadagno Atty Mario Apuzzo has also said an appeal will be made to the NJ Superior Courts. CDR Kerchner (Ret) – http://cdrkerchner.wordpress.com

  5. Joseph J.Herschberger   Thursday, April 14, 2016 at 12:37 PM

    It does NOT require a Law Degree by anyone to truly understand the TRUE meaning of Natural Born Citizen as the Framers of the USA Constitution intended!All that IS required is an understanding of the ENGLISH Language that everyone receives in GRADE SCHOOL!We in America are witnessing basic and WILLFUL DISHONESTY on the part of individuals whether Democrat or Republican to HONESTLY admit to what Natural Born Citizen means in America’s Constitution!Judges of all people having gone through Legal training, although NOT REQUIRED, to understand America’s Constitution Judges once having understood the CONSTITUTIONS meaning should be able to NEVER FORGET the CONSTITUTION’S interpretation.Yet throughout America especially among the Legal profession the BLATANT DISHONESTY in regard to the actual meaning of Natural Born Citizen is almost to much to take!It IS such a SIMPLE concept that only DUMB and STUPID individuals of very low intelligence can potentially NEVER understand the Framers of our Constitutions meaning.The Legal “Profession” throughout America is DEMONSTRATING DUMB IGNORANCE on this subject to the point of questioning their diplomas!Natural Born Citizen MEANS an individual born on USA soil to TWO USA citizen parents at the MOMENT of BIRTH who INHERIT the citizenship from the parents! A natural Born Citizen is a citizen by the laws of mother Nature.A USA citizen who required a man made Law like naturalization laws to become a USA citizen IS NOT a NATURAL BORN CITIZEN!TED CRUZ despite several and recent court rulings IS NOT and can NEVER EVER be a NATURAL BORN CITIZEN of the USA FOREVER!!!!!!!!!!!!!!!!!!!!!!!!!

  6. James   Thursday, April 14, 2016 at 8:24 AM

    Wondering, can this Final Decision be appealed or declared a mistrial ?

  7. Kevin J Lankford   Thursday, April 14, 2016 at 8:20 AM

    If there were an honest judge any where in any court, an honest congressman, an honest senator, or just an honest secretary of state in any state, this issue of the true definition of “Natural Born citizen” and it obvious source would have been settled before the fraud and foreign infiltrator obama contaminated our white house.

    Only a half-wit fool could accept the premise that a natural born citizen can be born of parents with differing citizenship and/or in a foreign nation.

    Only the ignorant, traitorous liars, or cowards, refer to obama as president. Only the ignorant, traitorous liars, or cowards, claim cruz or rubio are “Natural Born” U.S. citizens.

  8. moira   Wednesday, April 13, 2016 at 10:46 PM

    Hopefully Apuzzo can get the transcript of the hearing, telling the judge he does not concede Cruz’s mother’s citizenship status.

    What a bold face lie by the Lt. Gov.

    Perhaps they can enlighten us on what a citizen is.

  9. cfkerchner   Wednesday, April 13, 2016 at 7:38 PM

    UPDATE 3 – 13 Apr 2016 (Final Decision): Final Decision from NJ Secretary of State and Lt Governor published re Ted Cruz eligibility to be on NJ ballot for President: https://www.scribd.com/doc/308464019/Final-Decision-by-NJ-SoS-Williams-South-Jersey-Concerned-Citizens-v-Ted-Cruz

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