US District Court for the Southern District of Mississippi, Jackson Division Orly Taitz Esq. v.

Mississippi Democratic Party et al

Civil No. 3:12CV 280 HTW-LRA

Motion to intervene jus tertii, for the United States and all our honorable law-abiding Armed Service members (Chief Judge Lamberth, USDC-DC permitted similar docketing) Taitz et al are making the patently insulting allegation that all the honorable men and women of the Armed Services active in defending our liberties abroad in theaters of conflict such as Iraq, Afghanistan or against Al Qaeda, are presently violating 18 USC 2441(c),(d)(1)(I) and (d)(3)(b) because they are acting without proper constitutional civilian chain of command delegation from a lawful Commander in Chief and President of the United States. Such a claim is an act of defamation against the entire nation and the clear and patriotic majority who elected the President to serve as our Commander in Chief. Taitz seeks to enjoin the sitting President from being permitted to reappear on the ballot, though she made no such challenge in Mississippi in the initial election of the now elected and sitting President. She seeks extraordinary injunctive relief in the form of a pre-publication injunction to deny voters their democratic right to choose the candidate of their choice for the Presidency. She alleges that a natural born citizen must present government issued national identification as proof of that constitutional term of art status, even though for our municipal law purposes we have no national identification cards, and were the Congress to legislate for such national ID cards, Taitz et al would surely oppose such legislation. In Zivotofsky v Clinton, the Supreme Court recently opined in dicta irrelevant to the remand on statutory grounds alone, Zivotofskys parents were American citizens and he accordingly was as well, by virtue of congressional enactment. 8 U. S. C. 1401(c); see Rogers v. Bellei, 401 U. S. 815, 835 (1971) (foreign-born children of American

citizens acquire citizenship at birth through congressional generosity). Taitz is also an American citizen, apparently, by virtue of congressional enactment permitting her naturalization after birth through congressional generosity. Taitzs children are also presumably, natural born citizens, under 8 USC 1401(a). Children of American Indians are deemed to enjoy American nationality under 8 USC 1401(b). Persons, born in Hawaii are deemed to be citizens of the United States at birth, thus, natural born citizens, pursuant to 8 USC 1405. Persons born citizens naturally, at nativity, under 8 USC 1401(c), are also natural born citizens, see the 1790 Naturalization Act in the Statutes at Large (1 US 112), http://rs6.loc.gov/cgibin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=226, http://rs6.loc.gov/cgi-bin/ampage? collId=llsl&fileName=001/llsl001.db&recNum=227

Clearly then, since 1790, the Congress have believed they are constitutionally the competent branch of the separate powers of governance, for determining or declaring and deeming who shall be considered as natural born citizens. Since the Presidents mother was a citizen of the United States, he is among those referred to in 8 USC 1405, or 8 USC 1401(a), or 8 USC 1401(b), etcetera, as described in the 1790 Naturalization Act, one born the child of a citizen of the United States, regardless of the situs of that birth, and even if born abroad, in Hawaii, (US v FullardLeo, 48 USC 644a, 28 USC 91), shall be considered as natural born citizens. Even assuming arguendo the racist jus sanguinis doctrine of

American natural born citizen status advanced by Taitz and Apuzzo et al, which requires pure dual parent American citizen heritage to evince sufficient allegiance and connection to the US to serve as Commander in Chief (even though under the constitutional law of the United States of Mexico, http://www.juridicas.unam.mx/infjur/leg/constmex/pdf/consting.pdf Article 37 Mexican nationality by birth shall never be revoked, Mitt Romney is Mexican because his father is Mexican (by nativity, and Mexican nationality by birth shall never be revoked) and his grandfather, though apparently belonging to a fugitive polygamist commune, also, a Mexican domicile not deprived of civil and political rights, though an expatriate American abroad by choice), the de facto officer doctrine preserves to the people their democratic right to a republican governance of their own choice, see Nguyen v. United States - 539 U.S. 69 (2003). Since Romneys father was a Mexican born individual, Mexican constitutional law provides Romneys fathers Mexican nationality by birth shall never be revoked, thus, Romney is the child of an alien or dual national, thus by Taitz and Apuzzos considerations, Romney is equally ineligible to appear on the ballot in Mississippi. Yet Taitz et al, do not pray for the Secretary of State to uniformly apply their purported theory of natural law or the Law of Nations regarding default jus sanguinis nationality protection for children born abroad without the territorial allegiance of their familys original nation(s). Rather, Taitz et al, ask the Court to enjoin the Secretary only from permitting the sitting President from appearing on the ballot, but to not apply the same rule of jus sanguinis, race based, nationality, to the Republican apparent candidate, whose forebears fled the United States, just as Al-Aulaqi (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2010cv146931), fleeing the federal laws against polygamy and child abuse, to a no mans land without effective rule of such law, even though the US at the time had withdrawn the passport privileges of persons engaged by the polygamist Mormon movement to promote their Mexican pedophile (see the HBO series Big Love, www.hbo.com/biglove/index.html ) child sexual abuse polygamy and international sex travel, see http://digicoll.library.wisc.edu/cgi-bin/FRUS/FRUS-idx? type=turn&id=FRUS.FRUS188485&entity=FRUS.FRUS188485.p0302& q1=mormon&q2=passport, http://digicoll.library.wisc.edu/cgi-

bin/FRUS/FRUS-idx? type=turn&id=FRUS.FRUS188586&entity=FRUS.FRUS188586.p0916& q1=mormon&q2=passport As your archives will show, and as you are doubtless aware, in August, 1879, this Government sent circular instructions to all our ministers abroad to request all proper assistance from the Governments to which they were accredited in suppressing the proselyting for the Mormon Church. In the face of such a circular, it would seem to be inconsistent to issue passports to persons who are undoubtedly Mormon emissaries, even if they are American citizens. The law as to issuing passports is permissory, not obligatory, and the decision is left with the Secretary of State under section 4075 of the Revised Statutes. Inasmuch as polygamy is a statutory crime, proselytism with intent that the emigrants should live here in open violation of our laws Would seem to be sufficient warrant for refusing a passport.. It is thus undoubted that under the constitutional law of Mexico, Mitt Romneys father was born a perpetual Mexican, and equally clear, that Mitt Romneys grandfather or great grandfather voluntarily expatriated from the protection of American nationality, by becoming a fugitive domiciled abroad for the express purpose of evading the duties of compliance with American law in like manner to fellow citizens within the United States. It is not possible then that Mitt Romneys father could be said to be a natural born citizen of the United States in any sense, as he was not possibly born to a citizen of the United States, but to an expatriate and expatriated former such person. Where a plaintiff asks the Court for extraordinary relief such as prepublication injunction of a ballot, by applying a long disfavored theory of law, in a selective manner, to disfavor the sitting President, and favor a candidate whose father was also born abroad, but born abroad not through mere accident of birthright, but by deliberate, intentional, expatriative choice, the Court is clearly under no compulsion to aid in such hypocrisy, especially where to assert a

judicial power to do so, would deprive the people of the republican form of government they establish through their free and fair elections of the candidates they have selected through their own party processes. The only usurpers in the Court are those who strive to usurp the publics right to vote for the candidate of their choice, who usurp the good name and honor of the men and women in harms way bearing our uniform and carrying our banner into battle because commanded to do so by the orders of the sitting President of the United States as our Commander in Chief, and were the orders ultra vires, all acts dependent for authority on them, would be unlawful acts of warfare, and thus, violative of 18 USC 2441 supra. Where a citizen of the United States may be born, the happenstance of their birthright claim of being an equal, natural born citizen, by statute, and whether they are a citizen through their mother or father, is irrelevant to the status of a natural born citizen as determined by the Congress, as evinced by the 1790 Naturalization Act. Plaintiffs can point to no act of the Congress which provides that this President is not a natural born citizen, nor that anyone is not a natural born citizen for purposes of the elections by our Electoral College of the President of the United States. Lacking any statutory authority authorizing the judicial power to act, the Court is powerless to grant the extraordinary, hypocritically one-sided pre-publication injunction sought by those who defame our honorable and dedicated national servants abroad during this time of war. Moreover, during wartime, the Courts are not open to enemy aliens, nor to traitors, and those who invent hypertechnical legalistic argumentation and sophistry designed to defame the Commander in Chief during war, can hardly be deemed other than among the truest enemies to our Constitution and this society.

Prayer for Relief 1. Permit intervention jus tertii. 2. Dismiss the complaint with prejudice as presenting nonjusticiable political questions. 3. Declare that all children of any citizen of the United States are equal natural born citizens at birth when colored with American

nationality by statute thereupon. Respectfully submitted, Dr. Paul Maas Risenhoover Robin Hood International Human Rights Legal Defense Fund Tainan, allied American Formosa trust territory island of Taiwan, West Pacific, USA drpaulmaas@gmail.com, ilovelibby@gmail.com Certificate of service by email to: cjrkcoleman@hotmail.com, jmath@ago.state.ms.us, hpizz@ago.state.ms.us, sbegley1@bellsouth.net,scottjtepper@msn.com, bfedorka82@gmail.com, drljroth@aol.com, leahlax1234@aol.com, tom@macleran.com, randye.bloom@oal.state.nj.us, njelections@sos.state.nj.us, Feedback@sos.state.nj.us, jeff.masin@oal.state.nj.us , joseph.constance@sos.state.nj.us, apuzzo@erols.com, "Dr. Orly Taitz ESQ" <dr_taitz@yahoo.com>, "Orly Taitz" <orly.taitz@gmail.com>, "Gen Rajska" <rajska7@gmail.com>, "Spartacus OneManWreckingCrew" <DPQ007@comcast.net>, "Phil Sandy" <philsndy@gmail.com>, "Communications, Civil (CIV)" <Civil.Communications@usdoj.gov>, "joel. segal" <Joel.Segal@mail.house.gov>, michael.jablonski@comcast.net, sumner_chambers@mssd.uscourts.gov,

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