by Sharon Rondeau
Law professor and attorney Victor Williams, who in March registered as a write-in presidential candidate in order to challenge Cruz’s eligibility, presented his arguments pro se in a consolidated complaint with that of Atty. Mario Apuzzo, who represented three New Jersey registered voters.
Cruz does not dispute his birth in Canada and three years ago, presented his Canadian birth certificate to The Dallas Morning News, which reported that Cruz was born with dual U.S.-Canadian citizenship as a result of his birth in Calgary, Alberta to a U.S.-citizen mother.
Masin presided over the hearing as he had in 2012 in a ballot challenge to Barack Obama’s placement on the New Jersey ballot following a criminal investigation‘s revelation that Obama’s long-form birth certificate and Selective Service registration form are “computer-generated forgeries” as well as prior unanswered questions as to whether or not he had been born in Hawaii as he claimed. Also at issue was whether or not Obama’s claimed foreign-citizen father, whose student visa was not renewed in 1964, was in itself enough to disqualify him from “natural born” status.
In a Monday night interview, Apuzzo told The Post & Email that he did not “concede” the conclusion that Cruz’s mother possessed U.S. citizenship at the time of Cruz’s birth on December 22, 1970 in Calgary, Alberta. Cruz’s father grew up in Cuba and reportedly became a Canadian citizen in 1973.
Although reported by NorthJersey.com that Williams’s complaint alleged that Cruz lacked U.S. citizenship, Williams argued on Monday that Cruz does not meet the higher standard of “natural born Citizen” contained in Article II, Section 1, clause 5 of the Constitution. The mainstream media often conflates “citizen” with “natural born Citizen,” failing to distinguish between the two. The Constitution’s requirement for U.S. Senators and Representatives is “a Citizen,” while “natural born Citizen” is required only for the president and vice-president, the latter as a result of the 12th Amendment to the Bill of Rights.
Most in the media have accepted that Cruz’s mother, Eleanor Darragh Cruz, was a U.S. citizen at the time of her son’s birth. However, several unconfirmed reports claim that that might not have been the case or that Eleanor might have become a naturalized Canadian after her son’s birth.
On the evening of April 12, Masin issued a 26-page opinion which Williams believes was written in advance and indicative of Masin’s failure to read the briefs submitted by Apuzzo or Williams. Masin contended that the argument that a child born anywhere in the world to a single U.S.-citizen parent is a “natural born Citizen” is “more persuasive” than Williams’s contention that a natural born Citizen must be born in the United States at a minimum.
Apuzzo had argued that Cruz has released virtually no documentation about his background despite many requests. The Post & Email has submitted formal requests to the Cruz Senate office and campaign which have been ignored, and FOIA requests to the U.S. government for documentation have been routinely denied for “privacy” reasons.
On his campaign website, Williams termed Masin “ethically-challenged” and the ballot challenge hearing “rigged” due to Masin’s allegedly having been “cherry-picked” to hear the case. In 2012, Masin accepted the claim made by then-Obama attorney Alexandra Hill that “Mickey Mouse” could submit a petition to have his name placed on the ballot and succeed, as no vetting or identity check was required of presidential candidates.
The following day, Williams filed a request for Guadagno to reconsider her decision which was also directed to New Jersey Gov. Chris Christie. Williams asked that Christie review the decision of his “ethically-challenged Administrative Law Office, or his own Lt. Governor, who rubber-stamped the ALO decision to rig Ted Cruz’s ballot access.”
“Clean up this mess,” Williams demanded of the governor.
Williams told The Post & Email on Friday that a reporter contacted the New Jersey Department of State after the hearing to ask if, as rumored, Masin had been called out of retirement to preside over Monday’s ballot challenges because of his past “experience” and that she was told by an official that that was, indeed, the case.
Even more shocking is Williams’s report of Masin’s having said at the beginning of the hearing:
I have all these briefs from the parties, and I’ve had them for four or five days, because they were due on Friday. I haven’t looked at any of them; I haven’t read any of them.
“He made a big point of that,” Williams said. “So how could he have cranked out an opinion? Even to read the parties’ briefs would have taken a day.”
Williams reported that “there were no audio transcripts” of Monday’s hearing.
Cruz has now been “certified” as a Republican candidate for president on New Jersey’s primary ballot.
In a press release from Williams’s campaign on Friday, PRNewswire reported:
Washington D.C. Law Professor Victor Williams has filed an Emergency Petition with New Jersey Governor Chris Christie demanding that the Canadian-born Ted Cruz be disqualified from the ballot. (Full details at his website – www.VictorWilliamsforPresident.com)
Ted Cruz was born in Calgary, Canada and held his resulting Canadian citizenship until May 2014. Scholars across the nation agree that Edward Rafael Cruz is not a “natural born [American] Citizen” as required by Article II of the U.S. Constitution.
Victor Williams charges that Ted Cruz falsely certified his constitutional eligibility for office to gain ballot access in states across the nation. Williams demands that Cruz be disqualified from New Jersey’s June 7 ballot and from several other late-primary ballots. (California, Montana, Nebraska, New Jersey, Oregon, South Dakota, and Washington).
On his website, Williams contends that “Ted Cruz is Not a “Natural Born” American Citizen and He Obtained Ballot Access Fraudulently.” He additionally states:
Ted Cruz (a/k/a Rafael Edward Cruz) acknowledges the fact that he was born in Calgary Canada and even concedes that he was a Canadian citizen all his life — until May 2014. Cruz is thus not eligible to serve as either President or Vice-President.
The U.S. Constitution’s Article II, Section 1 is explicit in listing three absolute tests required for any Candidate to qualify for the presidency:
No person except a natural born Citizen…shall be eligible to the Office of President, neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen years a Resident within the United States.
Like the 14 years residency requirement, the “natural born Citizen” requirement is a test of American soil. This natural-born soil test is required only for the nation’s highest federal office – the presidency.
Ted Cruz fails this “Jus Soli” (law of the soil) test. The basic requirement of “Jus Soli” citizenship was, and is, antithetical to any statutory conferring of citizenship on children born abroad of American parents.
Mr. Cruz, whose legal career has been based on a strict construction of, and textual faithfulness to, the U.S. Constitution, knows the truth about his ballot ineligibility.
Ted Cruz has thus fraudulently obtained ballot access in each of the states where he ran (and continues to run) for the Republican nomination.
The Republican Party must reject any possibility that Ted Cruz could be the GOP nominee for either President or Vice-President.
Cruz must be disqualified from the ballot in the remaining primary sates and his pledged-delegates must either be released or not be seated at the 2016 Cleveland Nominating Convention.
Cruz has faced ballot challenges in Illniois, New York (ongoing), Texas (ongoing), and Florida. On March 29, a retired Utah lawyer’s petition for a Writ of Certiorari concerning Cruz’s eligibility was docketed at the U.S. Supreme Court.