by Sharon Rondeau
(Apr. 19, 2021) — On Monday morning, a case challenging the constitutional eligibility of Kamala D. Harris to serve as vice president or president of the United States which was denied a hearing based on alleged lack of “standing” is being taken to the U.S. Supreme Court.
Plaintiff Robert Laity believes that Harris, a former U.S. senator from California, does not qualify as a “natural born Citizen” as the U.S. Constitution requires for president and the 12th Amendment requires for vice president of the United States. Laity is therefore requesting a writ of certiorari from the high court via a brief expected to arrive at the office of the clerk by 10:30 a.m. EDT.
Harris was born in Oakland, CA in 1964 to parents who were non-U.S. citizens present in the U.S. on student visas. Her mother, Shyamala Gopalan, hailed from India, while her father, Donald J. Harris, was from Jamaica. While Donald Harris’s Stanford University biography states he naturalized at some point, there is no evidence that Gopalan ever became a U.S. citizen.
The case originated in August with an “Information in the Form of Quo Warranto” sent to then-Attorney General William P. Barr, President Donald Trump, and the U.S. Attorney’s office for the District of Columbia. Receiving no response, Laity filed suit at the U.S. District Court for the District of Columbia.
Docketed in early September, the case was dismissed by Judge Emmet G. Sullivan. Laity appealed to the U.S. District Court of Appeals for the DC Circuit, where last month a three-judge panel denied a hearing on the basis that Laity lacked “standing” to bring the complaint. The panel additionally threatened Laity with “sanctions” for filing a “frivolous” case with what it said was a predetermined outcome.
In its final order, the court denied Laity’s request for an en banc hearing due to what it said was “the absence of a request by any member of the court for a vote.” Also, the court claimed, in his reply brief arguing that he should not be sanctioned, Laity failed to “challenge the district court’s ruling that he lacks standing.” The panel declined to impose sanctions but warned that it would reconsider that decision if Laity persevered in future appeals.
Since 2008, Laity has filed a number of ballot challenges and civil suits alleging that various candidates are not constitutionally- eligible to serve as president. Among those challenged were Barack Hussein Obama and Arizona Sen. John McCain. Obama was purportedly born in Hawaii to a foreign-citizen father and U.S.-citizen mother. McCain, although possessing two U.S.-citizen parents, was born in the Panama Canal Zone while his father was serving as an admiral in the U.S. Navy.
Both situations, Laity has claimed, disqualified either man from serving as president.
During the 2016 presidential primary season, Laity filed state ballot challenges to the candidacies of former Louisiana Gov. Bobby Jindal, who was born in Louisiana to non-citizen parents; Texas Sen. Ted Cruz, who was born in Canada to a Cuban-citizen father and presumptive U.S.-citizen mother; and Florida Sen. Marco Rubio, whose circumstances mirror those of Jindal’s with a birth in Florida to then-non-citizen parents.
Cruz’s eligibility was also challenged unsuccessfully by law professor Victor Williams, who was later represented by New Jersey attorney Mario Apuzzo. At the time, Apuzzo had filed a separate challenge to Cruz’s placement on the primary ballot in his representation of three New Jersey voters.
A question remains as to whether or not Cruz is a “naturalized” U.S. citizen, which NBC News reported, or if he obtained U.S. citizenship at birth. It is generally agreed that a foreign-born person who naturalizes in the U.S. is ineligible to serve as president or, by extension, vice president.
Update, April 20, 2021, 7:04 a.m. EDT: As this story went to press on Monday, the package of briefs was delivered to the clerk of the Supreme Court as shown by the receipt Laity provided Tuesday morning:
Henry Wilson, I direct you to “If it is not a runaway, it’s not a real Grand Jury”, Creighton Law Review, Volume 33, No.4 1999-2000, 821 School of Law, Creighton University, Omaha Nebraska
That article is about duly constituted grand juries.
Henry Wilson, First of all, there is no mention in the Constitution stating that a Grand Jury must be judicially empaneled. It also differentiates between “presentment” OR “indictment of a Grand Jury”. Rights not enumerated to the Federal Government and the States are reserved for the PEOPLE. You are in need of remedial instruction on just what it means to be the sovereign in a government of the PEOPLE. Government serves the PEOPLE by consent of the governed. We the People are the sovereign not the other way around.
An indictment is when a duly constituted grand jury acts on a prosecutor’s recommendation; a presentment is when a duly constituted grand jury acts on its own initiative.
The D.C. district court years ago already ruled that a grand jury must be empaneled by a court; a group not duly empaneled has no legal authority.
As evidenced by the reality that no citizen grand jury’s actions have ever been accepted or even acknowledged by a governmental authority.
Dear Editor,
It appears you may have a thing
for my postings.
Two just now ghosted away into
nothingness.
Are you really that much of an elitist
to needlessly censor the forum thus?
What gives Madame?
Must language & dialogue conform to
your overly narrow dictates?
It appears thus. This was the latest post in response to Bob R.
Dear Bob R., . It is worth recalling to you that party was never specified or occasioned by the Constitution. . There is no Left & Right. . In fact, no political spectrum at all, intended in an American Politic. . There is but one doctrine for Americans – . Liberty. Any departure from Liberty in any direction, or any axis, is un-American, becoming agenda. . Agenda is the work of parting Liberty – for Interest’s sake. This is not American. . President Washington specifically admonished us to reject the confusion of party, in his “Farewell Address To The People Of The United States”. . Quothe he: . “There is an opinion that parties in free countries are useful checks upon the Administration of the Government and serve to keep alive the spirit of Liberty. This within certain limits is probably true – and in Governments of a Monarchical cast Patriotism may look with endulgence, if not with favour, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate & assuage it. A fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should consume.” . In practical observance, 98 Senators voted to continue the Charade of a Second Impeachment Trial of President Trump, having already willingly demonstrated complicity in the Global Election Management Fraud of 2020 – thus bathing themselves in treason, witnessed by 330,000,000 Americans and the world. They yet willingly wallow in the Grand Canard of Epidemic as an adjunct function of their masters’ agenda. . The Cultural Marxists you lament serve but at the pleasure of the Mammon Centric System that pulls the strings of fallen Senators and other puppets we observe with revulsion. . Again, Washington called this “Interest’, and that apt moniker is as good as any, to condemn the Anglo Banker Globalist designs that have stalked our Experiment since before the revolution to the present. . We must reject their Divide & Conquer stratagems and recover unalloyed, our simple, elegant American Premise – . Liberty. . This will require much accountability, and soon, if the Republic & American Liberty will be recovered. Godspeed! .
I have no idea what you are talking about. Comments are moderated when the Editor has the time between writing, editing and accomplishing other necessary tasks.
My Apologies Dear Lady,
And Kind Adieu.
With My Compliments.
The latest Laity case has not shown up on the SCOTUS docket as of Friday morning.
Will they handle this in the same way as they did to Donofrio’s filings?
every citizen has standing to question the qualifications for a person running for president or vice president. The libtards wouldn’t take the case because they knew she wasn’t eligible . The court system in America is very corrupt, doing the bidding of the satanic left trying to destroy the nation.
Dear Bob R.,
.
It is worth recalling to you that party was never
specified or occasioned by the Constitution.
.
There is no Left & Right.
.
In fact, no political spectrum at all,
intended in an American Politic.
.
There is but one doctrine for Americans –
.
Liberty.
Any departure from Liberty in any direction,
or any axis, is un-American, becoming agenda.
.
Agenda is the work of parting Liberty –
for Interest’s sake. This is not American.
.
President Washington specifically admonished us
to reject the confusion of party, in his
“Farewell Address To The People Of The United States”.
.
Quothe he:
.
“There is an opinion that parties in free countries are useful checks upon the Administration of the Government and serve to keep alive the spirit of Liberty. This within certain limits is probably true – and in Governments of a Monarchical cast Patriotism may look with endulgence, if not with favour, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate & assuage it. A fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should consume.”
.
In practical observance, 98 Senators voted to
continue the Charade of a Second Impeachment
Trial of President Trump, having already willingly
demonstrated complicity in the Global Election
Management Fraud of 2020 – thus bathing
themselves in treason, witnessed by 330,000,000
Americans and the world. They yet willingly
wallow in the Grand Canard of Epidemic
as an adjunct function of their masters’ agenda.
.
The Cultural Marxists you lament serve but
at the pleasure of the Mammon Centric System
that pulls the strings of fallen Senators
and other puppets we observe with revulsion.
.
Again, Washington called this “Interest’,
and that apt moniker is as good as any,
to condemn the Anglo Banker Globalist
designs that have stalked our Experiment
since before the revolution to the present.
.
We must reject their Divide & Conquer
stratagems and recover unalloyed,
our simple, elegant American Premise –
.
Liberty.
.
This will require much accountability,
and soon, if the Republic & American Liberty
will be recovered. Godspeed!
.
As GREAT as these arguments are, when you have courts, including the so called ” Supreme Court ” breaking our laws, how will we get justice ?
Barry Sotoro was NEVER a legitimate citizen, eligible to be even a dog catcher, but he was elected TWICE … illegally. His birth certificate was proved to be a fraud, but you have to have people who care about the truth. But before the people care, they have to know about the laws and the Constitution, and to get to THAT point, they need to be properly educated. THAT Can’t happen until we RID our educational system of ALL the leftist commies who’ve been brainwashing our students and teaching them to Hate America and become ” good communists “.
Its time for parents to take a larger interest and participation in what their children are being taught, and to stop giving the government control of your children. Parents are more responsible for these atrocities because they’ve turned over the care and feeding of their children to the government. But the government is just as guilty for corrupting our educational system.
Only those born of American parents are natural members of the American family. That is the natural world. In the legal world that translates to being citizens of the United States by birth to citizens of the United States. That citizenship is ‘natural’, not legal, not statutory, not common law as in the 14th amendment.
Anyone who has U.S. citizenship by U.S. law is not a natural citizen of the nation but a legal citizen only. No legal citizen is eligible to serve as President or VP.
What is even worse for Harris is that by actual legal reality, she was not born with U.S. citizenship at all because her parents were not immigrants but foreigners only temporarily in the U.S. As such, neither of them could have been drafted into the US military and forced to serve their natural country nor their adopted country since the U.S. was neither to them. They were both 100% aliens with foreign allegiance and bonds to their own nations. That is the very opposite of a natural American citizen.
the Constitution says “natural born citizen” which is defined as being born in America or on military bases or in American territories. harris’ parents WERE NOT citizen at the time she was born so where she was born is irrelevant, she IS NOT eligible. Fuhrer obama wasn’t eligible either but the political ruling class didn’t care and don’t care now either!!!!!!!!!
Actually Bob, a military base outside of the U.S. is NOT US Soil. Neither are unincorporated territories. McCain was not a natural born citizen, for example. Although being born of two US parents, he was NOT born on US Soil. BTW, the place of one’s birth is most certainly relevant. A natural born US Citizen is required to be born IN the United States to parents who are BOTH US Citizens themselves. This is already longstanding and established SCOTUS precedent, as outlined in my court submissions.
I have a nephew and a niece (siblings) born to two U.S. citizen parents of which the father was a member of the United States Air Force. Nephew born on military base in England; niece born on military base in Okinawa. Both required establishment of their U.S. citizenship under U.S. immigration laws upon their return to the states. That being the case, both are STATUTORY U.S. citizens and not natural born Citizens. England and Okinawa are not incorporated parts of the U.S.A. Research the Naturalization Acts of 1790 and that of 1795. Read both knowing that the “Act” of 1795 rescined the “Act” of 1790 in its entirety.
SCOTUS HAS defined “Natural Born Citizen” several times in the last (200+) years. They need only to adjudicate Laity v. Harris in light of those previous determinations. An NBC IS one born in the United States to parents who are BOTH U.S. Citizens themselves. This is established law.
This is basically the argument made in Laity v. State of New York (No. 17-1006). SCOTUS denied cert., without a recorded dissent. SCOTUS also declined to rehear that case (again without a recorded dissent).
Regardless, the lower courts’ rulings were based on standing.
Those are separate cases and were declined for separate reasons. This time, I am IN the proper venue. I believe that I will prevail this time around.
The lower courts would disagree. And predictions of success have been wrong before.
While I fully believe that the “natural born citizen” is a requirement for president and vice-president, the fact that both parties have fielded non-NBC candidates, both parties have therefore essentially invalidated the requirement. It may be too late to lock the barn door; the horse has already left.
Breaking the law does not “essentially invalidate” said law. It only indicates that both parties are guilty of criminal fraud.
Right on Bob
If breaking the law invalidated the law we would be totally lawless because every law in this nation is broken by someone every day at least
It infuriates me to have a supposedly intelligent Citizen state that breaking the law is a reason to invalidate the law
Please use your head for something more than a wig or a hat rack!!!
Robert, AMEN AMEN AMEN AMEN AMEN!!!!!!!!!! If violating a law renders it invalid then no law is valid, which is what the left does!!!!!!!!!
I guess if we all just “sat down and shut up” the PTB would be overjoyed. They would not have to deal with the truth anymore, or at least they think that. There is nothing in the Constitution or actual legal findings that address “standing”. It is a made-up excuse so the judges don’t have to admit they just DON’T WANT TO deal with the truth. But one day soon every knee will bow to Him who IS truth.
Yes I pray every day that God will inspire our leaders to bring us back to again be a nation under God indivisible with justice and freedom for all!!!
Bill, thank you, I have the same prayer daily, and that God will soften the hearts and enlightened those so deceived by satan into believing his lies and if they won’t turn around that He remove them from office.
I agree, once the Soros funded, Brennan and the CIA created, ineligible identity fraud Barack Hussein Obama was sworn-in by John Roberts in 2009 everyone who swore an oath to protect the Constitution who could have done/said something to try to stop it became complicit in giving America’s government and her military to her enemies. They needed all the excuses they could get to do nothing to reveal that, “crime too big to prosecute”. “Standing” seems often used as an all-purpose excuse to do nothing to expose Obama’s illegitimacy. I and millions of others who are anything but “law experts” always believed this was easy to see and understand but ownership of the media, the courts and race protection of Obama eventually shut down most who were/are trying to correct what has destroyed America from the inside. The panic associated with the election of the “birther” Donald Trump, instead of the planned and promised in 2008 after Obama cover of Hillary Clinton further disclosed the need for Obama’s illegitimacy to continue to be covered-up after he was no longer in office……..
Hillary was not supposed to lose………………..
I appreciate the people who are attempting to use the law and courts to restore the original and never changed meaning of, “natural born citizen”. Obama’s destruction of America from the inside was/is perfect empirical evidence of why the framers of our Constitution chose “natural born citizen” for the president and commander-in chief and “citizen” for other elected offices. IMO something simple and easy to understand was made to seem to many people, impossibly complicated, to help cover for all complicit, both political parties, in effectively giving America’s government and her military to her enemies……..….
Your truth-o-meter just exceeded the 100% mark.
Thank you. I have had lots of practice as I watched and responded to the charade of the total fraud Obama being played out by both political parties and their lap-dog media for the last 12 plus years…………..
Robert Laity is in the wrong jurisdiction for remedy, He is welcome to use our court. We have a Grand Jury Presentment against the Republican, Democrat, Green and Libertarian Parties and The Sec. of State for Oregon. Is has morphed into Treason as Harris was on the ballot.
We are the Oregon Statewide Jural Assenbly’s Civilian Court of record, Grand Jury and Article III Amendment VII court. We are also the 2nd Amendment well regulated militia.
The D.C. District Court (where Laity originally filed his lawsuit) ruled years ago that citizen grand juries have no legal power.
I am not suing via “Citizen Grand Jury”. BTW. The U.S. District Court in D.C. is wrong. Presentment hearings (made up of a citizen empanelled jury, aka “Citizen Grand Jury”) are specifically provided for in the 5th Amendment. In 1946, errant rule makers for the Federal Rules of Criminal Procedure, erroneously claimed that Presentments were obsolete. The constitution cannot be changed by rule makers. It must be amended pursuant to Article V. Period. “No law, rule or regulation can serve to abrogate a right guaranteed by the Constitution”- Miranda v. Arizona, U.S. Supreme Court, 384 US 436
A citizen grand jury cannot legally “present” anything, as it has no legal authority.
A presentment is when a duly constituted grand jury initiates charges without instruction from a prosecutor.
On the contrary. The U.S. District Court for D.C. is the proper venue for processing an “Information in the Form of Quo Warranto at Common Law” against Kamala Harris.
As indicated by their adverse rulings, the D.C. district court and D.C. circuit court disagree.
Prior to 1946 many judges and public officials were removed for malfeasance by the citizens that made up grand juries. Today’s grand juries are all judicially empaneled. These are NOT the same pre-1946 citizen grand juries which were free from judicial interference and were not controlled by prosecutors. They were NON-Judicial juries. Too many public officials were subject to removal under their constitutional authority. The PTB couldn’t let that power stand so they fraudulently ruled them to be “Obsolete” and unconstitutionally did away with them. That authority STILL exists. It need only be exercised by the people. The late Justice Antonin Scalia agreed.
There is no evidence that citizen grand juries were permitted before 1946.
Justice Scalia’s dicta about grand juries concerned duly constituted grand juries, and not impotent citizen grand juries.
Liberals change or ignore laws to get their way. Media ignores. Where are the Trump judges to fight this corrupt evil? Constitution is hanging by a thread thanks to Democrats and Republicans
It’s time for Associate Justice Clarence Thomas of the US Supreme Court to resurface his prior words, break-the-ice, stop the evasion, and start the debate among his peers, then define the phrase “natural born Citizen” of which that phrase only appears in one place in the US Constitution that focuses on the Executive Office and that appears no place in any existing active law.
As outlined in my court submissions, SCOTUS has already “define[d] the phrase ‘natural born citizen”. At least SEVEN times since 1795. It is a longstanding affirmed SCOTUS defined law that an NBC is nothing other than “one born in the United States to parents who are themselves U.S. Citizens”.
The same thing was said in the 2017 cert. petition against New York.
SCOTUS denied it.
Citizen Grand Juries are a RIGHT of the people. They need No “permi[ssion]”. They are provided for in the 5th Amendment.
Dear Henry,
You really must discover a clue.
.
Hint – it won’t be in case law.
.
The Ninth Amendment of the Constitution, and the Tenth –
for what it’s worth to you –
memorialize the Sovereign Authority
of the People to rescind, recover,
create, or extend Any Authority
they wish, in any manner.
.
Including in seating juries.
.
And Trying felons, traitors, jurists,
seditionists, rioters, insurrectionists.
.
And convicting same, sentencing
and executing sentence thereupon.
.
Additionally, the Preamble describes
the People’s ordaining Their Authority,
gifted them in Liberty by their Creator.
.
Further the Declaration of Independence
describes the People’s obligation to
themselves, when governments wax
unresponsive to the People’s will.
.
But you know these things.
.
Thus, it would appear you protest
too much.
.
Choose your side carefully Hank,
there comes a time when decisions
become irrevocable.
.
Consider beginning with Galatians 4 & 5.
.
Citizen grand juries are not a right: Neither the U.S. Constitution’s preamble, nor the Fifth, nor the Ninth Amendments say anything about citizen grand juries. And the Tenth Amendment reserves powers to the states, which by definition is not a citizen grand jury.
The 5th Amendment’s right to a “presentment or indictment of a grand jury” refers only to a duly constituted grand jury.
As evidenced by the fact no citizen grand jury’s actions have ever been accepted by any governmental authority.
Gracious! Frère Henri,
.
It appears one frame matters from what one believes
one is told possible, rather than what The People
Create as possible.
.
The People can do what they like, including tossing
the bathwater out, and starting anew to cleanse the baby.
.
Surely, this fact is evident?
.
Do you obfuscate Mon Ami?
.