IN CONTINUING CHALLENGE TO ELIGIBILITY OF TED CRUZ
by Sharon Rondeau
(Apr. 29, 2016) — Washington, DC law professor and write-in presidential candidate Victor Williams, who filed a ballot challenge in late March to the candidacy of U.S. Sen. Ted Cruz in the state of New Jersey, will be represented by Atty. Mario Appuzo in his efforts going forward.
In an email received by The Post & Email on Friday morning, Williams reported that Apuzzo’s emergency appeal to the Appellate Division of the New Jersey Superior Court following an unsuccessful ballot challenge on April 11 was denied out of hand. “Mario twice asked the App Division of Superior Court for an Emergent Hearing,” Williams wrote. “Apparently one does not get a panel but just one judge for such an application. Mario was denied by the same judge. But an objector favoring Mr. Cruz and objecting to Mr. Kasich’s petitions won such a hearing. So yesterday Mario went to the N.J. to the Supreme Court asking for an Emergent Hearing.”
Williams has challenged Cruz on the basis that he was born in Canada and cannot constitutionally serve as president of the United States. Article II, Section 1, clause 5 of the U.S. Constitution mandates that the president and commander-in-chief of the U.S. military be a “natural born Citizen.”
Williams is registered as a write-in presidential candidate in the states of New Jersey, Nebraska, California, Montana, Oregon, Pennsylvania, South Dakota, Washington, and Wisconsin. The Wisconsin primary was won by Cruz on April 5, while Donald Trump won Pennsylvania on Tuesday. New Jersey and California’s primaries are among the latest of the campaign on June 7.
Both Williams and Apuzzo filed separate challenges to Cruz’s placement on New Jersey’s primary ballot for a hearing which took place on April 11, after which Administrative Law Judge Jeff Masin opined in a 26-page brief that the argument Cruz’s attorney, Shalom Stone, presented contending that his client’s birth to a U.S.-citizen mother is sufficient to render him “natural born” was “more persuasive” than Williams’s claim that a “natural born Citizen” must be born on U.S. soil.
During the hearing, Masin admitted that he did not read any of the documents submitted by Williams or Apuzzo in advance. Apuzzo was then representing three New Jersey registered voters challenging Cruz, while Williams represented himself.
In January, McClatchy News Service reported that no president in the nation’s history has been born outside of the country. It is generally agreed that “naturalized” U.S. citizens cannot serve as president.
To further emphasize the need for transparency in presidential politics, Williams released a copy of his handwritten birth certificate showing that he was born in Pine Bluff, AR on Christmas Day, 1956. Williams believes that before an individual is permitted to gather signatures or file official papers with any of the states, he or she should have to present an official copy of his birth certificate and “formal proof of their soil residency” to meet the 14-year residency requirement also stated in Article II.
The third and final requirement the Founders placed in the Constitution for the presidency is a minimum age of 35 years.
Williams believes that Masin was “cherry-picked” to preside over the hearing based on his “past experience,” a reference to Masin’s hearing of a challenge to Obama’s eligibility four years ago. Apuzzo had argued then that Obama had not provided proof of who he was, and a criminal investigation had found that Obama’s purported long-form birth certificate was fraudulent. Masin ruled that Obama’s name would appear on New Jersey ballots.
During this month’s hearing, Apuzzo suggested to Masin that Cruz should provide proof that his mother, Eleanor Darragh Wilson Cruz, was, in fact, a U.S. citizen when her son was born.
In its coverage of the April 11 ballot challenge hearing, veteran reporter Pete Williams of NBC News described Cruz as having been “naturalized” in 2014, while Cruz claims that he never went through that process. In May 2014, Cruz applied to the Canadian government to renounce the Canadian citizenship he had held his entire life, including while running for the U.S. Senate from Texas in 2012. Approximately 30 days later, the process was completed.
As the presidential primary season has progressed this year, two U.S. citizens born in foreign countries have sent The Post & Email their birth registration documents indicating that they are naturalized and not “natural born.”
Prior to the April 26 primaries in five Northeastern states, including Pennsylvania, Williams published an open letter on his campaign website which begins:
Ted Cruz continues to tell the biggest lie ever in American politics – that he is constitutionally eligible to be President.
Cruz’s falsehood is of constitutional proportions. In order to gain ballot access, Ted Cruz has repeated the Big Lie many times over to 50 state election officials – the eligibility lie was made in writing and under oath.
Having told the Big Lie so often for so long, has Cruz now convinced himself of eligibility? No – Cruz knows the truth and so do Democrats.
If Cruz is nominated, the Democrats will spend unlimited amounts of hard and soft cash to expose Cruz’s obvious ineligibility in every one of the 50 states.
Although faring badly in Tuesday’s contests in the Northeast, on Wednesday Cruz announced his running mate as former presidential candidate and Cruz critic Carly Fiorina. In response, Williams issued a press release in which he revealed that while still a student in law school, he had clerked for Fiorina’s father, Judge Joseph Tyree Sneed III, who served on the Ninth Circuit Court of Appeals for “more than three decades” before his passing in February 2008.
“Judge Sneed really had a big impact on my life — he was a great ‘law and order’ Nixon Judge….former No. 2 Deputy Attorney General for Nixon (until Watergate got too hot and Nixon put him on the 9th Circuit),” Williams told The Post & Email.
In a column published at The Huffington Post on Friday, Williams said that “I came to know Joseph Sneed to be one of finest law teachers, legal scholars, law school deans, and federal judges ever to serve this nation. Judge Sneed encouraged me to go on to do graduate law study at Columbia University Law School and to enter law teaching not as a job but as a calling.”
More about Sneed’s career and life, which included service in the Army Air Corps during World War II, can be read here.
“Ted Cruz has many extremist policy positions – many that are particularly harmful to women. So little wonder that Cruz picked Carly Fiorina as his fake-runningmate,” Williams wrote in a release distributed by PR Newswire.
Williams further wrote:
It will not work. Even the talented Carly Fiorina can not explain away Cruz’s many extremist, anti-women policy positions.
Adding the Texas-born Fiorina to the mix does not cure the Canadian-born Rafael Edward Cruz’s constitutional ineligibility for the presidency. www.VictorWilliamsforPresident.com.
Despite her present political dalliance with the ineligible Ted Cruz, Victor Williams retains a high personal regard for Carly Fiorina (nee Cara Carleton Sneed).
While a first-year law student at University of California-Hastings in San Francisco, Williams had the honor of clerking (externing) for Ms. Fiorini’s father, the great Ninth Circuit- U.S. Court of Appeals Judge Joseph T. Sneed, III (1920- 2008)…
Article II, Section 1 allows only a “natural born [American] Citizen” to be President. The Commander-in-Chief must be born on the American soil. Texas-born Fiorina will not be able to magically make the Canadian-born Cruz eligible.
Although New Jersey Lt. Gov. Kim Guadagno, who also serves as the secretary of state, agreed with Masin’s opinion to place Cruz’s name on the New Jersey ballot, Williams maintains that “It is the duty of the Secretary of State to insure ballot accuracy and legitimacy. It is the duty of the Secretary of State to protect their state’s citizen-voters from those individuals, like Ted Cruz, who would fraudulently attempt ballot access.”
Democrat Rep. Alan Grayson (FL-9) said in November that if Cruz receives the Republican nomination, he will file a “beautiful lawsuit” challenging Cruz’s eligibility. “Call me crazy but I think the President of America should be an American,” Grayson told radio host Alan Colmes on his November 25 show.
Williams has also told RNC officials that “he will alternatively use all legal means to challenge the seating of any and all illegitimate Cruz-pledged delegates at the Cleveland Republican Nomination Convention this summer.”
Williams’s candidacy and challenge to Cruz’s eligibility have been reported by major national and international media outlets.