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Is Ted Cruz A ‘Natural Born’ US Citizen? Texas Attorney Files Lawsuit Demanding Supreme Court Decide

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Birther 2.0? An 85-year old attorney says “natural born citizen” has never been defined, and only the Supreme Court can do so. 

Ted Cruz has never hidden the fact that even though he’s an American citizen he was born in Canada to a mother from Delaware and a father from Cuba. In fact, it’s part of his stump speech, including how his father left the family but came back because he found God. Cruz grew up in Texas and the rest is history.

Or is it?

Today a Houston, Texas attorney filed suit in federal district court insisting Senator Cruz is not eligible to be President of the United States because he was not “natural born,” one of the few qualifications for president the Constitution demands. Newton B. Schwartz, Sr., in a 28 page complaint is demanding only the U.S. Supreme Court can decide if Cruz is eligible, because “natural born” has never been defined.

“This 229-year question has never been pled, presented to or finally decided by or resolved by the U.S. Supreme Court,” Schwartz’s suit says. “Only the U.S. Supreme Court can finally decide, determine judicially and settle this issue now.”

In his suit, Schwartz insists the “entire nation cannot afford such constitutionally confusion and uncertainties overhangings [sic] the electorate process.”

Schwartz told Bloomberg Business News that although he “probably” will vote for Bernie Sanders, he has “nothing against” Sen. Cruz. 

“If he gets cleared, he gets cleared,” Schwartz said. “Let’s just get this thing settled before the primaries and the convention and the election.”

The issue of Cruz’s citizenship is far different than the birther conspiracy theories that the Tea Party for nearly a decade has spread. Respected constitutional lawyers and professors have weighed in on both sides, so clearly there is room for debate. 

But not in Cruz’s mind.

“There’s nothing to this birther issue,” Cruz said during Thursday night’s GOP debate, and attack Donald Trump for even bringing it up. “Since September, the Constitution hasn’t changed. But the poll numbers have. I recognize that Donald is dismayed that his poll numbers are falling in Iowa. But the facts and the law are really clear. Under longstanding U.S. law, the child of a U.S. citizen abroad is a natural born citizen.”

Ironically, Cruz supports denying citizenship to children born in the U.S. to parents who are not American citizens. The Constitution is quite clear on that issue.

 

EARLIER:

‘Drop Dead Ted’: NY Daily News Slams Cruz For ‘New York Values’ Slur

Here’s Ted Cruz Insulting ‘New York Values’ And Donald Trump Slamming Him (Video)

GOP Debate: Ted Cruz’s Attack On ‘New York Values’ Sparks Twitter Hashtag Campaign And It’s Awesome

 

Image by Gage Skidmore via Flickr and a CC license
Hat tip: Talking Points Memo

 

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BREAKING NEWS

J6 Committee Announces Plan for Final Report

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The U.S. House Select Committee on the January 6 Attack is wrapping up its 17-month long investigation and has announced its plan for its final report.

Chairman Bennie Thompson (D-MS) Wednesday evening told reporters the committee will issue a final report in two weeks, on December 21. A “formal presentation” will accompany the final report, Axios’ Andrew Solender reports.

What form the presentation will take is unclear. Presumably it will not be a primetime televised hearing.

READ MORE: In Angry Letter McCarthy Warns Thompson J6 Docs ‘Do Not Belong to You’ – After Defending Trump Taking Classified Info

CNN’s Annie Grayer adds the criminal referrals Thompson previously announced the committee would be making will also be released on the 21st.

Chairman Thompson told reporters, “there will be some form of public presentation. We haven’t decided exactly what that would be,” Grayer says.

NBC reporters say that date is “a bit later than the committee was hoping and it forced some members and staff to change holiday plans.”

READ MORE: Florida ‘Don’t Say Gay’ Bill Author Indicted on Federal Fraud Charges: DOJ

“In addition to considering a referral involving former President Donald Trump,” NBC News reports, “the committee could offer contempt of Congress referrals for fellow members who have ignored its subpoenas, for witnesses it believes lied to its investigators and for individuals it believes attempted to intimidate witnesses in the probe.”

“The report will be a massive compilation of the work the committee has done for the last year and a half, outlining its findings and offering up recommendations and possible legislation to prevent something like the Jan. 6 attack from happening again. Thompson has said the document could be up to eight chapters.”

 

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BREAKING NEWS

Florida ‘Don’t Say Gay’ Bill Author Indicted on Federal Fraud Charges: DOJ

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Florida Republican state lawmaker Joe Harding, the author of the highly-criticized and some say unconstitutional “Don’t Say Gay” law, has been indicted by a U.S. Dept. of Justice grand jury on federal fraud charges.

“A federal grand jury has returned a six-count indictment against Joseph Harding, 35, of Williston, Florida,” the Justice Dept. said in a press release, detailing an alleged scheme, which included obtaining “fraudulently created bank statements,” to defraud the U.S. Government’s Small Business Administration of $150,000.

The felony charges include wire fraud, money laundering, and making false statements.

The DOJ indictment also alleges, “Harding committed two acts of wire fraud by participating in a scheme to defraud the Small Business Administration (SBA) and for obtaining coronavirus-related small business loans by means of materially false and fraudulent pretenses, representations, and promises, and for the purpose of executing such scheme, caused wire communications to be transmitted in interstate commerce.”

READ MORE: Florida Father Sues School for ‘Proselytizing’ in Favor of ‘Homosexual Lifestyles’ Under DeSantis Don’t Say Gay Law

Trial is scheduled for next month. DOJ says Harding could be subject to as many as 35 years in prison should he be found guilty on all charges.

Harding’s “Don’t Say Gay” bill, which Florida Republican Governor Ron DeSantis not only signed into law but used, via his then-press secretary to further attacks on the LGBTQ community, doubled-down on one of his key components: outing LGBTQ children to their parents.

The legislation, technically named the “Parental Rights in Education” Act, prohibits “classroom instruction” on sexual orientation or gender identity in certain school grades, but as expected, has been seen as “confusing” and a total ban on any discussion of LGBTQ issues.

Making clear the legislation’s intent, Florida GOP lawmakers voted down an proposed by a Democrat that would require schools create a safe environment for LGBTQ children.

“Those are serious allegations of corruption,” Equality Florida Executive Director Nadine Smith told Florida Politics, which first reported the news. “The courts will sort through that sordid mess but we know he’s made many false statements about the LGBTQ community. Florida parents are forced to navigate schools that are less safe for their children because Joe Harding’s political ambitions know no bounds.”

This is a breaking news and developing story. Details may change.

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CRIME

‘Plot Thickens’: Trump Ally Claimed He No Longer Had Storage Facility Where Classified Docs Were Found – NYT Reporter

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People close to Donald Trump appear to have been misleading reporters as The Washington Post, The New York Times, and CNN all broke news regarding the stunning revelation more classified documents were found among items Trump had shipped from federal government offices to Florida – this time, to a storage facility in West Palm Beach.

The Washington Post broke the news that the Trump legal time had hired a third party to search for classified documents, after the Dept. of Justice remained unconvinced all classified documents Trump had removed from the White House had been retrieved or returned.

As it turned out, this latest batch, which The Post now reports were only two classified documents, had been shipped not from the White House but from a federal office building in Virginia Trump and his team had been using after he left the White House.

RELATED: ‘Are You Kidding Me?’ Legal Experts Stunned as More Trump Classified Docs Discovered – at a Florida Storage Facility

The Post in its initial story had reported its sources said no classified documents had been found. It later updated that report,  including the title of the article which now reads: “Items with classified markings found at Trump storage unit in Florida.”

“Trump’s lawyers have told the Justice Department that the outside team did not turn up any new classified information during their search of Bedminster and Trump Tower, according to people familiar with the process, and have said they utilized a firm that had expertise in searching for documents,” The Post added.

Outside of her reporting with Alan Feuer at The New York Times, Maggie Haberman noted the deception or lack of information her sources presented.

READ MORE: Far Right Republican Slammed by Raskin for Trying to Derail Respect for Marriage Bill with Failed Religious Amendment

“People close to the former president had insisted earlier Wednesday that no classified material had been found at any of the facilities,” Haberman tweeted, which turned out to be false.

“One person close to Trump previously insisted he didn’t have the storage facility anymore,” which was also false.

“The plot thickens,” observed constitutional law expert and retired Harvard Law professor Laurence Tribe, “as more criminally mishandled classified documents turn up at yet another venue. Trump’s skeletons seem to be buried in an ever-expanding array of places.”

Attorney Teri Kanefield suggested there’s more to this story.

“The thing to remember about this rapidly shifting more-classified-documents story is that the information seems to be coming entirely from Team Trump,” she tweeted. “Something is going on . . . but we don’t know what.”

Indeed, noted national security attorney Brad Moss, after expressing shock over the finding of more classified documents, appeared to put the pieces of “why now” together.

“If I recall correctly, the 11th Circuit’s mandate in the MAL [Mar-a-Lago] docs case issues tomorrow. Trump has to not only appeal but also get an emergency stay before that or the Special Master process is officially dead.”

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