by Sharon Rondeau


(Aug. 21, 2020) — At approximately the 20-minute mark in his weekly update from August 14, Judicial Watch President Tom Fitton touched on questions arising last week after former Vice President Joseph Biden announced California U.S. Senator Kamala Harris as his running mate in the November 3 presidential election.

Judicial Watch is a self-described “conservativenon-profit organization which frequently takes federal and local agencies to court over their refusal or failure to release government documents requested under the Freedom of Information Act (FOIA).

The question of constitutional “eligibility” has become a subject which many in the mainstream media ridicule and attempt to silence without delving into the history or intended meaning of the Framers when they insisted that the president and commander-in-chief of the military be a “natural born Citizen.” That designation was mandated only for the nation’s chief executive, while members of Congress were required to simply be a “citizen” and resident in the state they wished to represent for a specific number of years.

Fitton referred to an article by Chapman University Professor of Law John Eastman which focused on the 14th Amendment’s “citizenship” provision and whether or not Harris’s parents at the time of their daughter’s birth were “lawful permanent residents” as opposed to “merely temporary visitors, perhaps on student visas issued pursuant to Section 101(15)(F) of Title I of the 1952 Immigration Act.”

Eastman appears to accept that Harris’s parents were not U.S. citizens at the time of her birth in October 1964.  Queries made on that issue by The Post & Email to Harris’s Senate office in 2018 received no response. However, Harris’s birth narrative and reported family history indicate that in October 1964, neither parent had been present in the U.S. for the requisite five years to apply for U.S. citizenship.

At 20:27, Fitton pivoted from the subject of Hillary Clinton’s emails, generated when she served as secretary of state, to Biden’s choice of Harris and Harris’s verbal grilling of then-Judge Brett Kavanaugh during his 2018 confirmation hearings for the U.S. Supreme Court.  The hearings, which were expected to go smoothly, took an unexpectedly ugly turn after Dr. Christine Blasey Ford came forward to accuse Kavanaugh of sexual assault when they were high-schoolers in the 1980s in Maryland.

None of Ford’s alleged witnesses could or would corroborate her account of Kavanaugh’s alleged behavior.  During his broadcast, Fitton labeled the hearings, which he attended, were “outrageous” and “victimized” Kavanaugh.  “They were sitting there sneering, smirking, half-smiles on their faces the entire time,” Fitton said of “Senator Harris and other Democratic Senators.”  “They enjoyed the abuse of Justice Kavanaugh, then Judge Kavanaugh.”

Invoking Eastman’s Newsweek editorial, Fitton extrapolated, “Essentially, you can’t run for vice president unless you’re eligible to be president.  In order to be president, you have to be a natural born citizen.”  He then erroneously said, “The 14th Amendment defines ‘natural born Citizen’ as someone who is not only born here in the territory of the United States but also subject to the jurisdiction thereof.”

While Fitton may have conflated the terms “citizen” and “natural born Citizen,” he made clear to his audience that the question of Harris’s eligibility, in his view, is relevant and worthy of addressing.  “I think it’s a more substantial issue than the left would have you believe, so I tweeted out a question with a link to the article saying, ‘Is she eligible under the citizenship clause to be vice president?’ and a lawyer close to President Trump, Jenna Ellis, retweeted it, and the president was asked about it, so now the left has gone crazy saying, ‘It’s false’ and ‘You can’t even ask the question!…racist!” It’s absurd, because similar questions were asked about John McCain and Ted Cruz.  I remember talking to reporters back in the day when this Obama birth-certificate issue was flopping around, and I thought there were more substantial questions about McCain’s eligibility than Barack Obama’s.”

“So this has nothing to do with race; it just has something to do with the Constitution, and the left hates the idea that there’d be any difference between citizens and non-citizens, so any constitutional around this, they go crazy about,” he continued, citing the fact that children born in the U.S. to foreign-diplomat parents are not considered U.S. citizens.

Evidence supporting Fitton’s statement as to the media’s reaction to questions over Harris’s eligibility was borne out that evening when “NBC Nightly News” ran a segment narrated by Andrea Mitchell terming those publishing or speaking on the subject part of a “racist birther conspiracy.”  One of the publishers so identified was The Post & Email.

At 25:40, Fitton commented, “I don’t know if anyone would have standing to…challenge her eligibility, although I suppose the Senate or Congress could ultimately decide on her eligibility if the election, when the election moves there through the Electoral College and the certification of votes for her as vice president if Biden and Kamala Harris were to win.”

He then revealed that he is “friendly” with Eastman and “I think he’s a great guy” and “an expert.”  As for Harris’s eligibility, he then asked his audience, “What do you think?”

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  1. https://oll.libertyfund.org/titles/farrand-the-records-of-the-federal-convention-of-1787-3vols >>> https://www.supremecourt.gov/about/biographies.aspx

    It has been suggested many times that today’s US Supreme Court should rule/define “natural born Citizen” (nbC) once and for all, without requiring a formal Constitutional Amendment process.

    While many licensed attorney-criminals today would argue that virtually anyone can be a “natural born Citizen” because, they deceitfully say, the Framers failed to define nbC, that is convenient man-made PC-BS. Words like “liberty” and “pursuit of happiness” et al were also not defined. John Jay was queried on this “failure” to define everything in the US Constitution, to which he responded, essentially, that all sorts of personal definitions of words in the US Constitution are probably just fine, AS LONG AS THOSE PERSONAL DEFINITIONS RENDER LAWFUL BEHAVIORS THAT DO NOT HARM OTHERS (i.e., one can not do whatever one wants to do, like, for example, allowing any unlawful presidential usurpation that harms an entire nation!).

    Of late, I have sided with Nature and believe that Nature Rules, and men follow, including Nature-ruled members on the Supreme Court. Since everything is so politically saturated these days, I believe that each Justice will naturally look out for their careers first, and they will naturally render an opinion/ruling that protects their own complicity with Obama’s usurpation 08-28-08- TODAY. They will naturally punt and not hold Obama accountable to his/their usurpation because they naturally fear for their lives and naturally fear for the consequences of possible racial backlash violence nation-wide.

    THE CHANGEABLE CONTEMPORARY LAWS OF MAN (Prohibition 1920-1933, “naturalized citizen” et al) vs THE NON-NEGOTIABLE FOREVER LAWS OF NATURE (“natural born Citizen”, gravity et al).

    Also, Justices would likely give a gift-opinion to Trump that will somehow allow his first three children to be eligible for POTUS and VPOTUS, even though their mother, Ivana, was not a naturalized US-citizen at the time of their births.

    So, I say, stay away from all Obama-usurpation-complicit US Government-citizens in rendering any updated opinion/ruling on John Jay’s “natural born Citizen” of 1787, which still remains the supreme nbC law of the land, being, without doubt, one who is born within and subject to a US jurisdiction to parents who are both US-citizens subject to a US jurisdiction(s). Any other definition than this, for any reason, for any emotion or for any belief is just man making stuff up, I believe!

    Finally, Nature Rules the “natural” in “natural born Citizen” of 1787, and any man-made US Supreme Court opinion/ruling today would tend to “naturalize” “natural born Citizen” of 1787, don’t you think?

  2. Here are a couple of reasons I see for the Senate resolution saying McCain was eligible.
    1. Americans who were aware of the resolution were also aware of many saying Obama was ineligible, ( and they were called racist and “birthers”), and those Americans would believe the Senators must be certain Obama was eligible or they would have written a resolution on his eligibility, and why he was eligible…..but they did not.

    2. McCain was the chosen candidate to lose to the years in preparation Barack Hussein Obama who, once in office, would be race-protected, unimpeachable and able to do most if not all of the damage he was installed to do. Once Congress, both parties, allowed Obama to be sworn-in they locked themselves into protecting Obama for as long as he was in office…and even after that because they had effectively given America’s government and her military to the enemy by not preventing Barack Hussein Obama from being sworn-in. A huge crime if there ever was one. Their major failure was when the planned and promised in 2008 after Obama cover president Hillary Clinton failed to beat Donald Trump the “birther” and Obama’s biggest nemesis. That began a big-time panic to remove President Trump from office to prevent the truth from ever being fully revealed and acted on…. and they will do anything because, number one, they are protecting themselves from charges of treason and sedition and of ignoring their sworn oath to protect the Constitution. As Mike Zullo said, “in D.C this is an open secret”. What is happening now will decide if truth will ever be fully revealed and acted or not, i.e., will our Constitutional Republic continue to exist………………
    Here is a good link for information on Pelosi’s involvement in getting Obama’s name on the ballot in all 50 states. It involves 2 different DNC certification forms, when there was no logical reason why one would not be OK for all 50:
    And this to help understand how so many people were conned by Barry the fraud:

  3. The US Supreme Court and in particular Chief “Justice” John Roberts should be ASHAMED OF THEMSELVES for “EVADING” the eligibility issue! THERE IS NO ISSUE THAT I CAN THINK OF WHICH IS MORE RELEVANT TO OUR CONSTITUTION AND IN NEED OF RE-AFFIRMING OR DEFINING ITS MEANING (natural born American citizen). When you won’t let that be done, then see what your cowardice and playing politics instead of doing your job does to our country! In fact, LOOK AROUND YOU! SEE IT NOW!

  4. Hello and May God Bless all of you who have worked so hard on this issue and haven’t given up.

    The gobble-de-gook re: “Standing” should NEVER apply to a US Citizen who is alleging a violation of the Constitution.

    Every Citizen of the US should have “Standing” to make his/her argument that alleges such a violation.

    The Constitution was written “For the People and the States” and should not be able to be by-passed by a Supreme Court that has not the authority to rule that a citizen cannot bring a case because the violation he/she is alleging is not “particularized”, meaning: So long as the violation (no matter how egregious or minute) affects every citizen equally, it cannot be challenged. I cannot believe the framers ever meant to dis-enfranchise the very people the Constitution was written for (see amendments IX and X). If we let this go, it’s the camel’s nose under the tent.

    God Bless America

    1. Standing is not mentioned in the Constitution. IMO, “Standing” is a judicial construct designed to let the courts decide what they want to avoid. It is corruption pure and simple. Every voting America has a fundamental right to know precisely who they are voting for. To say otherwise is anti-American and defies common sense.

  5. Hi Rob,
    India does not allow dual citizenship. I know. I live in a community of Indian professionals and many are close friends. Virtually everyone of them are naturalized American citizens. They gave up their Indian citizenship to do so. However, as I have written before, US passport holders of Indian descent are afforded certain privileges in India. [A PIO card allows visa-free travel from and to India to the person holding a valid card. A PIO card is considered valid only if you hold a valid passport. On the contrary, an OCI card allows lifetime visa-free traveling to and from India.]

    Now, I do believe that Harris could have become an Indian citizen through her mother before her age of majority if she had chosen to do so. Obviously, she would not have been allowed to maintain American citizenship because INDIA DOES NOT ALLOW IT. So I agree there is obvious ties to India legally but its highly unlikely that was ever a serious option, given her career path in the United States.

    It’s my understanding (I read this very recently but didn’t flag it) that when Kamala and her mother moved to Canada, her mother eventually became an Canadian citizen. I would like to verify that and see what options were available to Kamala at that time.

    As for the Jamaican citizenship, there is absolutely no question that Kamala Harris was born a dual citizen. That was automatic and incontrovertible pursuant to the Jamaican Constitution. Furthermore there is a formal process to RENOUNCE it. Has she done so? I don’t think so.

    My critics have said that Kamala Harris never acted upon this “privilege of Jamaican citizenship”. They say that she never filed for a certificate of citizenship. That, I maintain, is a distinction without a difference. The fact is that Harris could file the simple form and move to Jamaica tomorrow, apply for her Jamaican passport, establish residency, vote and participate in all civic affairs and enjoy all the privileges and immunities that Jamaican citizenship has to offer. THAT IS A BLATANT CONFLICT OF INTEREST as it relates to holding any government office here in the United States. It certainly is not what the Founding Fathers had in mind for the president and commander-in-chief.

    I would like to know whether Harris has ever traveled to Jamaica as a child on her father’s passport AND I would really like to know whether Kamala Harris ever went to Canada on her mother’s work visa. Did her mother travel on an Indian passport. How was Kamala accommodated for her extended visit to Canada. I beleive she lived there a minimum of 4 or 5 years. Did she travel on her mother’s Indian passport. Was her right of entry based on her 14th Amendment United States native born citizenship? What was Kamala’s official status when she lived in Canada in the eyes of the Canadian,US, and Indian governments?

    Finally a passing remark. We need to see the DNC certifications of nomination signed by Tom Perez, presumably just this week. Do they omit the constitutionally qualified language for Harris’ nomination certificate or is it included? My bet is it is included. They know we are on to them, but they also know they got away with it in 2008. Where can we get a copy? The VP certification with or without the constitutional language is proof of yet another crime against the American people. After all it was public knowledge for years that WE THE PEOPLE were challenging Harris’ eligibility and failure to vet properly is a purposeful attempt to usurp the Constitution.

    1. Gary:

      A copy of those DNC Certification of Nomination sworn forms would be obtained by contacting the Secretary of State for the state of interest and requesting a copy. In your case CA. I don’t think you have to be a resident of the state to request one under the open records laws of most states. But if one has to be a resident, well then you are OK in CA but I would not know about other states. That process is how the copies were obtained for the one’s signed by Nancy Pelosi in the 2008 election cycle, the one’s that were different in a couple states from the one’s given to most of the states. See: https://www.scribd.com/lists/3813126/Presidential-Elections-Certification-of-Nomination-Docs For Hawaii for certain, and I believe Arizona too, they had to provide special versions signed by Pelosi with eligibility statement included, because those two states required it. For the other states they did not. All as I recall, etc. Imo, Pelosi and the DNC omitted the eligibility phrase whenever they could because they wanted to limit her legal and political exposure via the sworn affidavits to as few states as possible, if they didn’t get away with it. You may have to wait a few more days for the respective Secretary’s of the states to get the official certs from the DNC since they just signed them a few days ago. Anyone here in another state other than CA, especially Hawaii and Arizona, may wish to pursue getting a copy of the cert form sent to those respective SoS’s to see what was sent to them, to compare to what Gary gets for his state of CA. Just my humble suggestion for those curious as to what those cert forms say this election cycle.

  6. Email sent to White House and DOJ today:



    Democommunists’ RELYING ON RE-LYING since 08-28-08: https://www.youtube.com/watch?v=rXFwqUi3zR0&feature=youtu.be >>> https://www.teaparty.org/trump-accomplishments-list-president-provides-six-page-document-detailing-successes-of-administration-450262/ >>> https://www.nbcnews.com/politics/2020-election/obama-breaks-open-convention-hammering-trump-n1237422



    These two sites have done the nbC HOMEWORK FOR THE HOMELAND: https://www.thepostemail.com/ + https://cdrkerchner.wordpress.com/

    1. The US Constitution’s “natural born Citizen” clause of 1787 remains the supreme law of the land when vetting US Presidents and VPs.

    2. John Jay proposed nbC term of art as a check against foreign-thinking take-over of our nation:

    3. nbC = one who is born within, and subject to, USA jurisdictions of parents who are both US-citizens

    4. Licensed attorney-criminals and politicians and corrupt media have worked to deceitfully equate “citizen” with “nbC” for Obama and Kamala et al

    5. Virtually every US Government-citizen is indictable for malfeasance for surrendering to non-nbC’s, Obama and Kamala et al

    6. The only thing humans control is their invisible thinking since everything else is God-provided and Nature-sustained: https://www.youtube.com/watch?v=7T1LO6nOUdw

    7. OBAMA and KAMALA posses life-sensitized non-nbC FOREIGN-THINKING brains that naturally precedes their behaviors: http://goudsmit.pundicity.com/24485/the-anti-american-2020-democrat-vision-of-america


  7. Speaking about “talking to answering” people. I did just that when I called the DOJ USAG’s office to discuss my “Information in the form of quo warranto” recently filed with the USAG. https://www.thepostemail.com/2020/08/14/citizen-seeks-court-order-to-kamala-harris-to-prove-constitutional-eligibility

    I called the White House the same day. I told the WH switchboard operator that I wanted to get in touch with Jenna Ellis,Esq.and I explained why.

    I later managed to one of her email addresses elsewhere: jenna.ellis@gmail.com

  8. I found on twitter this morning that the several “Fact” checkers that defended Obama’s eligibility have now circled the wagon with Kamala in the center of that circle. I told snopes, politifact and APFactCheck that they ALL get an “F'”. Harris is NOT a Natural Born Citizen. She is barred from being a VP or President. Her parents were not U.S. Citizens when she was born. They were permanent residents but they were not naturalized US Citizens. Her Mother later naturalized but her father never did. Many people are still pushing the very false narrative that mere birth in the US is sufficient to be an NBC. That is NOT the case. It WILL backfire on the US one day if this demonstrated “pattern of usurpations” of OUR Presidency and vice-presidency is not stopped now. Imagine this: One day the pregnant wife of the ayatollah of Iran who could be Kim Un’s Iranian cousin, will give birth to a baby in Vermont and the US will be DOOMED!

  9. I have tried to contact Tom Fitton by email for years…and he has never once answered, that I can recall.

    Best to call JW phone and talk to answering lady(s) who claims they pass the message on to the appropriate legal department within Judicial Watch.

    https://www.judicialwatch.org/contact/ >>> 1-888-593-8442

    The good news is you can talk to a person inside Judicial Watch thru an answering person, as I believe emails sent just stack up and get purged.



  10. I tweeted to Tom Fitton: @JudicialWatch @TomFitton Every word in the Constitution has meaning. Adjectives mean something. “natural born” in Article II Section 1 Clause 5, NOT in 14th Amendment. 14A did not modify Article II. See Euler Diagram analysis of “natural born Citizen” issue: https://cdrkerchner.wordpress.com/tag/euler-diagram/ I also told him that the holding in Wong Kim Ark (1898) SCOTUS case did not declare WKA a “natural born Citizen”, only declared him a “Citizen” of the United States under the 14th Amendment. WKA decision did not modify or change or dilute Article II Section 1 Clause 5, the presidential eligibility clause.

    CDR Charles Kerchner (Ret)

  11. Email just sent to Tom Fitton at info@judicialwatch.org

    Tom Fitton, President
    Judicial Watch

    Dear Mr. Fitton,

    Attached is copy of an article posted this morning on The Post & Email which appears to be a “carbon copy” of what you say in the “IS KAMALA HARRIS ELIGIBLE TO BE VICE-PRESIDENT?” video on Judical Watch.org.

    The answer is no, Kamala Harris is not Constitutionally eligible to be Vice-President because she is not Constitutionally eligible to be President (see the last sentence of the 12th Amendment).

    Why is she not Constitutionally eligible to be President?  Because Article II, Section 1, Clause/Paragraph 5 of the Constitution permits only a “natural born Citizen” to be President and although her birth in California makes her a “born citizen” per the 14th Amendment, a “born citizen” is not a “natural born Citizen”.  Who better to rely on than the primary author of the 14th Amendment, John Bingham.

    “All from other lands, who, by the terms of your laws and in compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentlemen can find no exception to this statement touching natural born citizen except what is said in the Constitution in relation to [Native American] Indians”. — John Bingham, Congressional Globe, 1862

    “I find no fault with the introductory clause of the 1866 Civil Rights Act, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen”. — John Bingham, Congressional Globe, 1866

    John Bingham also made clear that citizen and natural born citizen are not one-in-the-same…that not every citizen is also a natural born citizen but that every natural born citizen is also a citizen.

    “As to the question of (Dr. Houard’s) citizenship I am willing to resolve all doubts in favor of a citizen of the United States. That Dr. Houard is a natural born citizen of the United States there is not room for a shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States, and by the express words of the Constitution, as amended to-day, he is declared to all the world a citizen of the United States by birth”. — John Bingham, Congressional Globe, 1872

    I cordially invite you to peruse The Post & Email for more extensive discussion re “natural born Citizen” by those much more qualified to do so than myself.


    James Carter
    Rockville, MD

    P.S.:  Thank you for joining us in Rockville last year for our “Help Save Maryland” rally against ILLEGAL ALIENS.

    ATTN: Tom Fitton


    425 Third Street SW
    Suite 800
    Washington, DC 20024

    1-888-JW-Ethic (1-888-593-8442)
    Fax: 202-646-5199
    Email: info@judicialwatch.org

    Since Tom Fitton has only made reference to Prof. John Eastman ‘s article, I strongly suggest that people contact Tom and emphasize the dual nationality issue. It doesn’t seem that that aspect has sufficiently penetrated the media filter. It’s an easily understood concept. Easier I think than the constant confusion created by conflating “citizen” and “NATURAL Born citizen.”
    Feel free to make reference to and/or distribute my American Thinker article published on August 10 in the blog section or my article published a few days later here at the P&E.

    Let’s keep his issue red hot. Exposing Harris would be devastating blow to the Biden campaign and to the fraudster who pulls Biden’s strings. We don’t have much time.

  13. The 14th Amendment was for voting rights for ex-slaves. Since it is no longer relevant, it should be removed from the Constitution. Maybe then folks would quit misapplying it.

  14. I will be writing to Tom Fitton post haste and emphasizing Harris’ dual citizen status pursuant to Jamaican law. I urge others to do the same. Clearly her citizenship status with Jamaica and preferential status with India is a brazen conflict if interest and warrants immediate attention. Not that it would make Harris constitutionally qualified, but when is she going to renounce her Jamaican citizenship. She is defrauding the American people. I warned her in my letter of December, 2017, that she would be committing election fraud and collecting campaign funds illegally if she ran. At least Ted Cruz had the decency (self-serving nevertheless) to renounce his Canadian citizenship BEFORE he announced his candidacy for president. It’s obvious that Harris has purposely chosen to deceive the American people in the tradition of another fraudster, Barack Hussein Obama.