by Sharon Rondeau

Status of Kern v. Omar, et al as of June 25, 7:53 p.m. EDT

(Jun. 25, 2022) – A challenge to two foreign-born candidates competing in an August 9 primary in Minnesota’s fifth congressional district received a hearing Thursday and is awaiting a decision from Judge Bridget Sullivan, according to the docket Saturday evening.

Filed pro se in early May in Minnesota’s Fourth Judicial District by a third candidate in the Democrat primary, AJ Kern, the case asked the court to compel incumbent Ilhan Omar and another primary contestant, Don Samuels, to provide proof of U.S. citizenship given their acknowledged foreign births, absence of any evidence of their naturalization, and their Affidavits of Candidacy filed with the secretary of state’s office.

Kern named as a third defendant Secretary of State Steve Simon for failing to require proof that Omar and Samuels meet the eligibility requirements for the office they seek.

Omar was born in Somalia, and Samuels is a native of Jamaica. On their respective websites, including Omar’s congressional website, neither sports a date or year of naturalization nor any statement about their citizenship status.

Kern began her quest for the information by sending certified letters to Omar and Samuels requesting permission to obtain their naturalization records from the federal government if they exist. After receiving no response from either, she filed a civil complaint asking the court to enforce Article I, Section 2, clause 2 of the U.S. Constitution, which sets forth the citizenship requirement for members of the U.S. House of Representatives as “seven Years a Citizen of the United States.”

Simon was represented by the office of Minnesota Attorney General Keith Ellison in the person of Nathan J. Hartshorn and Omar by Charles N. Nauen.

Members of the public were permitted to attend the hearing, which was held remotely via Zoom. While this writer was unable to attend, P&E reader Jonathan David Mooers did so, afterward providing an account of the proceedings:

Judge Sullivan listened to three people and no one from the public (= we were to be “listeners”): 

Minn. Assist AG Hartshorn did most of the talking, was a bit nervous, young, and maybe unsure of himself in this high profile setting; he pushed the argument that procedures of Minn Statute 209* (mentioned Rule 12) MUST be followed so any state Judge like Sullivan MUST dismiss this case as it is out of her jurisdiction and out of procedure; that AJ’s case was not procedurally in the right time line by starting this case over 3 months before the primary is already over and then filing 5 days thereafter (= that way, procedurally making this citizenship challenge moot after the primary, as intended, it seems); that no Minn. judge or court could legally hear this case since citizenship vetting for U.S. House of Reps. is the domain of the U.S. House of Reps. (= but, no one at U.S. House of Reps. in the past or present has initiated any investigation on Ilhan, nor will they so as to incriminate themselves, I believe, because they are lawless under The Whoreable Nancy Pelosi!);  at one point Hartshorn was caught flat-footed when asked how candidates are vetted by Minn. Secretary of State (SOS) to which he more or less improvised it is not the job of the Minn. Secretary of State by law (implying, perhaps, Minn. SOS has done nothing wrong, he is simply following Minn. laws as he is supposed to; just rely on the signed info of the candidate’s submitted Affidavit of Candidacy!  So, if Minn. law says SOS to open any door to a bank where a bank-robbery is underway, SOS MUST open that door per Minn. law, right?!); Procedure uber alles with no mention of the merits of the case or supremacy clause of U.S. Constitution or their oaths of office to defend the U.S. Constitution or penalties for previously/presently impersonating as U.S. Rep. as being an actionable felony; it was improper to list Minn. SOS as a “contestee” in this case as this is the vetting job of the  U.S. House of Reps.; there were seven election challenges in 2020 election that listed Minn. SOS as a “contestee” and all seven were resolved in favor of Minn. SOS.   

Atty. Nauen cited points of procedural defects similar to Hartshorn, including (1) insufficient service, meaning, AJ didn’t serve Ilhan with legal notification of contest herein, so no one can go after Ilhan, (2) saying that Minn. Statute 209 has no procedure to pre-election (pre-primary?) challenge is entirely a statutory claim and (3) Minn. election challenge can only challenge which candidate got the most votes (and not challenge a candidate’s citizenship as there is no mechanism to do this under current Minn. laws, as I took it)

AJ Kern calmly read from prepared defense statement, was interrupted by Judge Sullivan to scold “chat” participants to stop chatting (since any supposed ZOOM chat feature noise was not noticed at my end, was this a courtroom histrionic to interrupt AJ’s train of thought? not sure); AJ was composed in her delivery and offered the very compelling argument of American people are being disserviced if no one, including the Minn. SOS as THE chief of elections, will vet any candidates for America’s highest federal offices.  

Judge Sullivan then asked for final comments from all three and said she would render an opinion/ruling next week. Neither Ilhan Omar (Somali citizen only?) or Don Samuels (Jamaican citizen only?) or Minn. SOS Simon spoke, or were present on this ZOOM hearing that I was aware of or that Judge Sullivan mentioned, except Judge Sullivan did mention Don Samuels was not present.


The Post & Email’s request to the court clerk’s office to view any video-recording of the hearing which might exist received no response on Friday.

Join the Conversation

13 Comments

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  1. DEFENDING PIRACY OF U.S. CITIZENSHIP UNDER THE VEIL OF PRIVACY OF U.S. CITIZENSHIP

    Whenever you and I go through security before boarding a commercial airliner, we are all considered terrorists until proven to be innocent passengers.

    It did not used to be that way, but it must be that way today.

    Similarly, because today’s U.S. Government is a fugitive of too many of our nation’s laws, for today’s national security, any person seeking to be a U.S. President-VP-Senator-Representative must now be considered as being an anti-American foreign-citizen until proven to be an indisputable and verifiable sole natural or sole naturalized U.S. citizen.

    FACT: Since 1789 the U.S. Constitution is the singular supreme law of the land; our U.S. Government and all its legal U.S. citizens can either follow or amend it, that’s it.

    FACT: The U.S. Constitution MANDATES that all U.S. Presidents and VPs must be a sole “natural born [U.S.] Citizen” and all U.S. Senators and Representatives must be a sole “[U.S.] citizen” with none of those highest offices Constitutionally occupied by any sole foreign-citizen or any “dual citizen”.

    In spite of these Constitutional facts, our nation’s candidate/voter/election network has devolved into a free-for-all with little to no firm U.S. “citizenship enforcement”.

    What to do?

    Today, right now, We the People on Main Street USA must now defend and only accept indisputable and verifiable sole natural or sole naturalized U.S. citizens as our U.S. Presidents-VPs-Senators-Representatives BECAUSE OUR NATION’S SECRETARIES OF STATE AND ATTORNEYS GENERAL AND GOVERNORS, ET AL, ENTRUSTED WITH THIS U.S. CONSTITUTIONAL “CITIZENSHIP ENFORCEMENT” DUTY, CAN NO LONGER BE FAITHFULLY AND HONORABLY RELIED UPON TO DO THIS DUTY. Recent observations of reality prove this national deficiency.

    Therefore, in the case of Somalia-born Ilhan Omar and Jamaica-born Don Samuels and Canada-born Rafael Cruz, and all other foreign-born and dual citizen candidates for U.S. President-VP-Senator-Representative, each MUST NOW BE CONSIDERED CONSTITUTIONALLY-INELIGIBLE FOREIGN-CITIZEN CANDIDATES-INCUMBENTS-EX-INCUMBENTS UNTIL AFTER EACH PUBLISHES THEIR INDISPUTABLE AND VERIFIABLE SOLE NATURAL OR SOLE NATURALIZED CONSTITUTIONALLY-ELIGIBLE U.S. CITIZENSHIP FOR THE U.S. OFFICE THEY SEEK OR OCCUPY OR VACATED AND, AND, AND WE THE PEOPLE ON MAIN STREET USA, you and me, MUST NOW NO LONGER OBEY OR SUPPORT OR DONATE OR DEBATE OR RECOGNIZE ANY SUCH FOREIGN-BORN OFFICE-SEEKER OR ANY SUCH OFFICE-HOLDER OR ANY SUCH OFFICE-RETIREE UNTIL AFTER EACH PUBLISHES THEIR INDISPUTABLE AND VERIFIABLE SOLE NATURAL OR SOLE NATURALIZED CONSTITUTIONALLY-ELIGIBLE U.S. CITIZENSHIP.

    What a mess. NO MORE “CATCH AND RELEASE” U.S. “CITIZENSHIP ENFORECEMENT”!

    “Plagiarist President” Biden who I believe is taking credit for Trump’s rightful second presidential term of office, invites and pampers hordes of foreign-citizens to invade our nation! “The Whoreable” Nancy Pelosi and Biden and Hillary co-forged “Osama” Obama’s presidential nomination papers on 08-28-08! And right now Minnesota is preparing to print off its primary election absentee ballots that include Ilhan Omar and Don Samuels names thereon with sole reliance upon non-vetted and non-secure “honor system” proof of their U.S. Constitutional-eligibility via their perfunctory-submitted “Affidavit of Candidacy”! WHO WILL SURRENDER THEIR MIND TO SUCH FARCE MAJEURE?!

    Are YOU still content to remain an illicit complicit co-criminal along with criminal Constitutionally-ineligible foreign-citizen and dual-citizen candidates-incumbents-ex-incumbents invading the highest offices of YOUR nation?

    1. As the Secretary of State has repeatedly explained, there is no law that allows it to “consider” candidates ineligible without evidence.

      As no elected office requires birth in the United States, birth outside of the United States is not necessarily evidence of ineligibility.

      Voters, of course, are free not to vote for any candidate for any reason.

  2. Kern’s posting on Facebook implies it either was dismissed or she knows the dismissal is inevitable.

    Early voting has started in Minnesota.

        1. Well, if you yourself can’t find and copy to here a link to her posting that you say should be easy to find, far be it for anyone here to go on a wild goose chase.

    1. Jonathan David Mooers said herein above that Judge Sullivan said she would render an opinion/decision next week, implying that you misunderstood AJ Kern’s posting on Facebook.

      1. Moers’ narration is not the very clear.

        Regardless, Kern wrote on Facebook:

        “Know this… Minnesota does not vet the citizenship of federal candidates but provides the appearance of doing so through the Affidavit of Candidacy.

        Thereby sending noncitizens to Congress in violation of the U.S. Constitution.

        Congress has the power to require Ilhan Omar’s ‘official’ naturalization records. Contact your Representative and tell him/her to do their job… verify your members meet all Constitutonal requirements!

        Congress holds the power to keep foreign nationalists out of Congress.”

        Those are not the words of someone who did well in court.

        1. Moers’ words are clear to those whose eyes aren’t clouded by bias.

          Your quote of Kern in no way, shape or form implies what you previously said it implies. IMHO you inferred something she didn’t imply.

        2. The US Constitution is the supreme law of the land outlining eligibility requirements for Article I and Article II candidates.

          Everybody should be required to show proof of citizenship, whether it be minimum natural born USA Citizenship for the Executive Branch or minimum statutory USA citizenship for both chambers Congress.

          If the US Constitution states the rules. Why make a law that is already law?

          In God we trust; all others show us your papers.