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Press release: The draft of the constitutional challenge against Kamela Harris is ready and attached. The case would be much stronger with a presidential candidate as a plaintiff or co-plaintiff

Posted on | August 11, 2024 | 5 Comments

Prss release: The draft of the constitutional challenge of Kamela Harris is ready and attached below. The case would be much stronger with a presidential candidate as a plaintiff or co-plaintiff. Please, present this draft complaint to all presidential candidates, both Democratic party former primary presidential candidates and candidates from other parties, including President Trump, Robert Kennedy, Jr., Dr. Jill Stein, Green party candidate, Cornell West-Independent, Libertarian and Constitution party candidates. Attorney Taitz can be contacted at Orly.Taitz@gmail.com. You can support the legal constitutional work of Attorney Orly Taitz by donating to the Defend Our Freedoms Foundation via the web site TaitzReport.com or at Orly Taitz, 29839 Santa Margarita, ste 100, Rancho Santa Margarita, CA 92688

Dr. Orly Taitz ESQ.

29839 Santa Margarita Pkwy Suite 100

Rancho Santa Margarita, CA 92688

Phone (949) 683-5411 fax (949) 766-7603

Email: Orly.taitz@gmail.com

CA Bar license 223433

U.S. DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SOUTHERN DIVISION

 

ORLY TAITZ,

PRESIDENT OF DEFEND OUR FREEDOMS FOUNDATION

Plaintiff,

v.

KAMALA HARRIS,

IN HER CAPACITY AS THE PRESIDENTIAL CANDIDATE, DEFENDANT

 

 

PARTIES                                                           

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 Case No.:

 

COMPLAINT FOR:

 

Declaratory relief

injunction

 

 

 

 

  1. Dr. Orly Taitz, ESQ is an attorney and the president of Defend Our Freedoms Foundation which is dedicated to the preservation of constitutional freedoms of the US citizens
  2. Kamala Harris is sued in her capacity as the presidential nominee from the Democratic Party and due to her lack of eligibility for the US presidency due to her not being born to the US citizen parents, having foreign citizenship and allegiance to India and Jamaica from birth and therefore not qualified as “natural born US citizen”

Jurisdiction

  1. The Jurisdiction in the US District Court is proper as the case and the claim for relief revolves around a federal question under 28 U.S.C. §1331, the meaning of the term “natural born citizen” as a prerequisite to the US presidency and whether a person born to two foreign nationals can qualify as a “natural born US citizen” as required to serve as a US president.

Venue

  1. The Venue is proper, as both the plaintiff and the defendant are residents of the State of California. The plaintiff resides in the Central District of California. Defendant also maintains a residence in the Central District of California.

 

COMPLAINT

  1. The plaintiff brings this lawsuit to seek, above all, a declaratory judgment pursuant to 28 U.S.C. §2201-2202, declaring that the defendant is not a “natural born citizen” of the United States of America within the meaning of Article II, Section I of the Constitution of the United States, and therefore she is not qualified to become the president of the United States.
  2. Additionally, the plaintiff is seeking an injunctive relief preventing the defendant from running in 2024 presidential election on November 5, 2024 and preventing her from being sworn in as the president of the United States.
  3. Article II, Section I of the US Constitution says:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President…”

  1. The Constitution does not explain what does the term “Natural Born Citizen” means. It does not state “born in the US”, it states “natural born citizen”. In order to understand what a term in the constitution means, one has to turn to legal writings and treatise of the time the constitution was drafted and signed.
  2. The legal treatise and legal dictionary used by the framers of the constitution was a legal dictionary “The Law of Nations” by a famous diplomat Emmerich De Vattel.
  3. “Emmerich de Vattel’s Law of Nations was originally published in 1758, in the French Language.  In 1797, an English version of the Law of Nations was published.  Most of the persons who were influential in creating the United States Constitution probably read both the French and English versions of the Law of Nations.
  4. Emmerich de Vattel’s most important work was The Law of Nations.
  5. Under Emmerich de Vattel’s Law of Nations, Citizenship is determined by the father, the mother and the nation. Section 212 of Law Of Nations, defines Natural Born Citizen:
  6. “The Citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they participate equally in its advantages.  The natives, or natural-born citizens, are those born in the country, of parents who are Citizens”.
  7. A primary concern among the Framers of the United States Constitution, was that the President be completely free of foreign influences.  Emmerich de Vattel wrote:
  8. “The Constitution and the laws of a State are rarely attacked from the front.  It is against gradual attacks that a nation must stand guard”.
  9. Vattel was widely quoted by the framers of the constitution, including, but not limited to Hamilton, Jay and Madison in the Federalist papers.
  10. For the framers of the constitution, it was of paramount importance that the President be a person whose primary allegiance is to the Sovereign nation.  The independence of the nation, and the President, from foreign influence, according to Emmerich de Vattel’s formulation, was key to its proper performance. Emmerich de Vattels’ 1758 Law of Nations was on George Washington’s desk on the first day of his presidency.  Law of Nations was also used and quoted from extensively by the Founders and Framers of the United States Constitution, including Benjamin Franklin.
  11. Law of Nations was cited more frequently than other Treatises on International Law in early American Court Cases, and historically was the primary textbook used by American Universities on matters of Natural Law, and Natural Rights.
  12. John Jay was an important Founder of the Constitution, and the first Chief Justice of the United States Supreme Court.  On July 25, 1787, John Jay wrote a letter to George Washington, stating that the new Constitution should require that the President be a Natural Born Citizen.  The reason behind the Natural Born Citizen requirement was to prevent “foreigners” from obtaining Presidential powers:
  13. “Permit me to hint whether or not it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen”.
  14. The John Jay letter underscores that both John Jay and George Washington had clear understandings of who may be a Natural Born Citizen, as the word is given without definition.
  15. On the same day as John Jay’s letter, James Madison addressed the delegate members of the Constitutional Convention, and stressed the importance that the Presidency be free of foreign influences.
  16. Furthermore, Alexander Hamilton argument for the Defense in the matter of Rutgers v Waddington (1784) relied primarily on Emmerich de Vattel, and quoted largely from the Law of Nations.  The deciding Judge, James Duane, held that the 24. Law of Nations would be the guiding Treatise of the new Republic, and that Statutes generated under the color of English Common Law must be interpreted based upon its consistency with the Law of Nations, and Natural Law.
  17. The testimony of David Ramsay, a Convention Delegate and Historian, at the Convention, was also important.  Dr. Ramsay published an Essay in 1789, the same year that the US Constitution was ratified, entitled, “A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen”.  Dr Ramsay defined Natural Born Citizens as “the children born in the country to citizen parents”.
  18. Natural Born Citizenship requires that the person be born in the United States or where the United States is Sovereign, and to two Citizen parents of the United States.  Such a requirement precludes any challenge to the allegiance of such person, based upon any natural law, or law of nations.  No other Sovereign can make a birthright claim to that person’s allegiance under the law of nations as it was commonly understood.
  19. It is clear from the writings and testimonies of the Convention Delegates and Framers of the United States Constitution, and the formulations of Emmerich de Vatel, of whom the Founders heavily relied, that a Natural Born Citizen is a Person born in the United States, or where the United States is Sovereign, and secondly, must be born of two United States Citizens.”

28. The Vattel definition was used as a basis for the Senate resolution 511 of 2008, when Senator McCain was found to be a Natural born Citizen, based on the fact that he was born in the zone of the Panama Canal, US territory at a time and both of his parents were US citizens. During the eligibility hearing for senator McCain, Assistant US Attorney Theodor Olsen quoted the Secretary of Homeland Security and former Federal Judge Michael Chertoff, as well as Legal Scholar and Harvard Professor Lawrence Tribe.

“Gibson, Dunn & Crutcher LLP,

 

Washington, DC, April 8, 2008.

Re legal analysis of question whether Senator John McCain is

a natural born citizen eligible to hold the office of

President.

Hon. Patrick J. Leahy,

Chairman, Committee on the Judiciary, U.S. Senate, Dirksen

Senate Office Building, Washington, DC.

Dear Chairman Leahy: Pursuant to a request received from

the staff of your Committee, I enclose for your and your

Committee’s consideration a copy of my and Professor Laurence

Tribe’s analysis of the question whether Senator John McCain

is a natural-born citizen eligible, under Article II of the

Constitution, to hold the office of President of the United

States. Professor Tribe and I are in agreement that the

     circumstances of Senator McCain’s birth to American parents

     in the Panama Canal Zone make him a natural-born citizen

     within the meaning of the Constitution.

Please do not hesitate to contact me if I can be of further

assistance in this matter.

Very truly yours,

Theodore B. Olson.” https://www.congress.gov/congressional-record/volume-154/issue-70/senate-section/article/S3645-1

  1. Defendant herein, who was nominated by the Democratic party on August 6, 2024 to run for the president of the United States, does not fit the requirement of “natural born citizen”
  2. Kamala Harris was born on October 20, 1964 to parents who were not US citizens at the time of her birth. Her father, Donald J. Harris, was a citizen of Jamaica, who arrived in US in 1961 and resided in US on a student visa and was enrolled in UC Berkley. Her mother, Shyamala Gopalan, was a citizen of India, who arrived in US in 1958 and was in US on a student visa, studying in UC Berkley as well.
  3. Both of Harris’s parents resided in US on visas and were not UC citizens at the time Kamala Harris was born. At birth Harris had allegiance to two foreign nations based on citizenship of her parents. While Harris is a citizen, because she was born in the US, she is not however a “natural born citizen”, as she was not born to US citizen parents, and as such is not eligible to be the US president.
  4. As such, Harris cannot serve as the US president and a declaratory relief should be granted by this honorable court proclaiming that Harris is not a Natural Born citizen and cannot serve as the US president. Furthermore, this court should issue an injunctive relief preventing Harris from running in the November 5 presidential election and from taking the oath of office as the US president should she win the election.
  5. The plaintiff is the president of a foundation dedicated to protection of constitutional freedoms of the US citizens. There isn’t a more important freedom than to have legitimate elections and a legitimate US president. Both, the plaintiff and multiple supporters of the foundation are seeking to vote in the upcoming November 5, 2024 presidential election and seeking to know whether Kamala Harris, the nominee of one of the two major parties, is constitutionally eligible to become the US president. Absent the adjudication of the matter in an expedient manner, the country will sink in a constitutional crisis which threatens the wellbeing of the republic, the wellbeing of these United States.

 

Prayer for Relief

 

  1. Declaratory relief from the court under 28 U.S.C.§§2201-2202

declaring that the defendant Kamala Harris was not born to US citizens and does not qualify as a “natural born citizen” and cannot serve as the US president as required by the US constitution.

  1. Injunctive relief preventive the defendant Kamala Harris from running in the November 5, 2024 presidential election and preventing her from being sworn in as a US president.

Dated this AUGUST 8, 2024

/s/  Taitz_________________________

 

Dr. Orly Taitz ESQ.

29839 Santa Margarita Pkwy Suite 100

Rancho Santa Margarita, CA 92688

Phone (949) 683-5411 fax (949) 766-7603

Email: Orly.taitz@gmail.com

CA Bar license 223433

 

Category: Uncategorized

Comments

5 Responses to “Press release: The draft of the constitutional challenge against Kamela Harris is ready and attached. The case would be much stronger with a presidential candidate as a plaintiff or co-plaintiff”

  1. Bruce Harrison
    August 12th, 2024 @ 4:08 am

    McCain’s parentage was relevant only because he wasn’t born in the US.

  2. Bruce Harrison
    August 18th, 2024 @ 2:36 pm

    And it would be stronger if you had the right defendant

  3. Chuck Torbyn
    August 31st, 2024 @ 7:09 am

    Contact Clayton Morris of Redacted

  4. Chuck Torbyn
    August 31st, 2024 @ 8:22 am

    The McCarran-Walter Act of 1952, Sec101#15B,F,and H and Sec202#3 make a stronger case.

  5. dr_taitz@yahoo.com
    September 1st, 2024 @ 6:11 pm

    who is Clayton Morris

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