Saturday, January 9, 2016

GOP Presidential Candidate Andy Martin says there are legitimate questions about Ted Cruz’ eligibility to be a presidential candidate

GOP presidential candidate Andy Martin will hold a telephone news conference today, Thursday, January 7th to discuss Donald Trump’s suggestion that Ted Cruz may be ineligible to serve as President of the United States because Cruz was born in Canada and one or both of his parents may not have been current U. S. Citizens. Andy created the “Birther” movement 12 years ago and is a noted constitutional scholar and litigator. Andy is not supporting or opposing either Trump or Cruz and the remarks which follow are impartial.

News from:
ANDY MARTIN /2016        
Republican candidate for
President of the United States       

“Make America Great Again”
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Attention, National, Political and daybook/assignment editors

Announcement of telephone news conference Thursday, January 7

GOP presidential candidate Andy Martin created the “Birther” movement twelve years ago, starting in 2004

Andy responds to the current Trump-Cruz Birther debate with detailed analysis

Andy is a constitutional law expert and constitutional history expert

Andy says Rep. Alan Grayson’s threat to file a lawsuit against Cruz is probably hollow, due to Grayson’s lack of legal “standing” to litigate

Andy explains the origins of the “natural born citizen” requirement, and traces the constitutional history of the “citizenship” issue that now clouds Cruz’ candidacy

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Disclaimer: To avoid any claim I am supporting or opposing Donald Trump or Ted Cruz, please be advised that with the exception of Jeb Bush, whom I have openly admitted to opposing, and my own candidacy which I endorse, I am not supporting or opposing any other candidate. I have stated I will support the nominee of the Republican Party.

(Manchester, NH) (January 7, 2016)  GOP presidential candidate Andy Martin will hold a telephone news conference today, January 7th to provide background on the “Birther” dispute that has arisen between Donald Trump and Ted Cruz. Twelve years ago Andy’s international research created the Birther movement when Andy challenged Barack Obama’s claims about his family history.

“I am generally credited with creating the ‘Birther’ movement,” Andy says. “Twelve years ago I did original research from Honolulu to Mombassa delving into Barack Obama’s family history. In time, the media adopted the disparaging term ‘Birther’ to describe Americans who harbored doubts about Obama’s ‘nativity’ story. Others also used my research as a jumping off point, and extended their arguments far beyond any credible evidence. At that point I walked away from the Birther movement. I have continued my research in Hawai’i and elsewhere. All of my claims have been fact-based and evidence-based.

1. Origins of the “Natural Born Citizen” requirement

“The “Natural Born Citizen” (“NBC”) requirement dates back to the original language of the U. S. Constitution adopted in 1789. The Founders were afraid that some foreign prince would come to America, have a child and create a monarchy. During the Eighteenth Century “Natural Born” had a clearly defined meaning: a NBC was someone both of whose parents had been born in the home country. If a citizen was born in the U. S. but his parents were not, that person was not eligible to be president. No one can reasonably dispute the factual and constitutional origins of the NBC clause in 1789. One of the reasons the NBC controversy has proven so durable is because it is clear the ‘original intent’ of the Founders was to create a sharp distinction between presidential eligibility and eligibility for other offices (Senator, Representative).

2. The post-Civil War creates a new definition of “citizenship”

“In the aftermath of the Civil War the Fourteenth Amendment was passed to confer ‘citizenship’ (but not NBC) on all persons born in the United States. The use of the term ‘citizenship’ created an arguably different class of persons from NBC persons. Because almost a century had passed since the adoption of the 1789 Constitution, few were afraid of a foreign prince establishing a dynasty through the birth of a child in the USA. The distinction between NBC and ‘citizenship’ had become immaterial. Later in the closing years of the Nineteenth Century, the U. S. Supreme Court interpreted ‘citizenship’ to be available to anyone born in the U. S. (it is this expansive interpretation of the Fourteenth Amendment that creates a basis for the ‘anchor baby’ dispute in the current day).

3. “Citizenship” issues for other presidential candidates

“Senator (later Governor) Lowell Weicker was a potential presidential candidate. He was born in Paris. Both of his parents were U. S. citizens. Likewise, when John McCain was a candidate, the issue of his birth in Panama was briefly debated. Both of McCain’s parents were U. S. citizens and his father was on military service when McCain was born. No serious eligibility question existed.

4. How the Birther issue arose during Obama’s candidacy

“Since starting in 2004 I have been conducting continuing international research into Barack Obama’s family history. I was the first writer, in 2007, to disclose that Obama, like Ted Cruz, had been born with dual citizenship, a fact that Obama later admitted. My continuing research is generally credited with creating the Birther movement (please see Group link [1] below). The opaque facts of Obama’s family history presented several questions:

A. Was Obama a NBC if his father was never a U. S. citizen?

“It is clear Barack Obama, Senior was in the United States on a temporary student visa and never became either a Permanent Resident or Citizen.

B. Was Obama born in Kenya?

“President Obama likes to tease his critics. Both he and Michele have referred to Kenya as ‘home.’ Many people are obsessed with the belief Obama was born in Kenya. I have done extensive research and I have never seen a shred of credible evidence that Obama was born in Kenya. Indeed, it is because of the integrity and impartiality of my scholarly research, as opposed to my partisan advocacy, that I have irritated Barack and Michele. I have always adhered to ‘Sergeant Joe Friday’s’ standard of ‘Just the facts, ma’am.’ Obama was born in Hawai’i.

C. If Obama was born in Hawai’i, why was/is Hawai’i hiding his birth certificate?

“In October, 2008 I walked into the courthouse in Honolulu and filed a lawsuit seeking to open Barack Obama’s original (‘vault’) birth certificate as a historic document. Obama refused to authorize release of the document. The filing of my lawsuit can be seen as a formal beginning of the ‘Birther’ movement.

“It was clear that Obama was restraining release of his document. The Hawai’i Department of Health claimed to have reviewed the ‘vault’ copy but the vault copy so far as I am aware has never been made public. In 2012, in response to hectoring from Donald Trump, Obama authorized release of a facsimile copy of his birth certificate. The vault copy remains sealed.

(What is a vault copy? In the era of pen-and-ink and typewriter birth certificates, original records were maintained in ‘books’ in a ‘vault’ maintained by a city or county clerk. Today birth records have been computerized, and no ‘vault’ exists for current births. But the historic ‘vault’ certificates for persons born before computerization, such as President Obama, are still maintained as official records. Obama has never disclosed his vault copy. I continue to maintain that Obama’s vault copy is a historic document and should be released to the public.)

D. What was Obama’s religion, if any, at birth?

“I have been criticized for spreading the ‘rumor’ that Barack Obama was born a Muslim. It is not in dispute that Obama’s putative father was a Muslim. Therefore, under Islamic law, Obama was automatically a Muslim at birth. Under Islamic law, a child takes the religion of the father. I never spread any false rumor. I merely applied Islamic law to the child of a Muslin father.

“Although Obama claims to be a Christian, under the rules of his religious denomination in Chicago, the United Church of Christ, Obama would have to be baptized. Obama has refused to release any baptismal records from Trinity United Church. When he officially became a Christian, if ever, remains in doubt.

(The foregoing remarks are a shortened version of more detailed and conflicted religious history for President Obama.)

E. Was Barack Obama, Senior really President Obama’s father?

I arrived in Honolulu in the fall of 2008 and began doing field research into Obama’s family history. My research led me to conclude that Frank Marshall Davis, not Barack Obama, was President Obama’s biological father and that Davis had arranged for Obama to ‘front’ as a stand-in parent. I announced that fact in Honolulu in October, 2008 and shortly thereafter Obama interrupted his campaign and flew to Honolulu. Others have since used my research to follow up on the ‘Davis connection’ and many conservatives now believe that my theory was and is correct.

I believe, but cannot prove, that Davis was the biological parent and Obama was merely a front for the already-married Davis, which explains why Obama never showed much parental attachment to his ‘son.’ Of course, there was/is a twist to my theory. If Davis was the president’s father then President Obama was indisputably a NBC.

5. Donald Trump shows up in 2012 and creates a commotion about Obama’s birth certificate

“In 2012 Donald Trump tried to revive the Birther issue by demanding that Obama produce his birth certificate. Obama produced some form of copy, but in so far as I am aware only a handful of people have seen the actual 1961 document, the so-called ‘vault’ copy of the birth certificate. Trump claimed he had sent ‘investigators’ to Hawai’i and ‘you would not believe what they are finding.’ Trump’s claims were bald-faced lies and he has never produced either investigators or evidence to document his claims.

6. Donald Trump’s remarks about Ted Cruz’ citizenship

“Earlier this month Trump claimed the Washington Post had ‘asked’ him about Cruz’ eligibility as a NBC. The NBC question has been circling Cruz for years. Last year I was asked to lead a constitutional challenge to Cruz’ eligibility. I declined to do so. Nevertheless, the convoluted facts concerning Cruz’ birth in Canada provide a legitimate basis to question his eligibility. Cruz’ claims that the NBC issue has been litigated and decided is also a bald-faced lie. No Court so far as I am aware has ever addressed an NBC challenge to a presidential candidate (caution: my research spawned a literal flotilla of litigation in 2008 and thereafter; it is possible the issue was raised and I am unaware of the case).

6. Rep. Alan Grayson’s threat to file a lawsuit against Cruz

In November Rep. Alan Grayson threatened to sue Ted Cruz if he won the nomination. Grayson repeated that threat this week (please see Group link [2] below). Grayson would have a difficult time establishing legal ‘standing’ to file his lawsuit. There are persons who would have standing to sue Cruz, but I will save those comments and constitutional analysis for another day.

7. Bottom line

“Cruz is incorrect when he says the issue of the distinction between NBC in the Constitution and ‘citizenship’ in the Fourteenth Amendment has been resolved. The Framers knew why they used the specific term NBC for presidents and the general term ‘citizen’ for other federal offices. The distinction was not inadvertent. Whether a court today would enforce the Framers’ original intent, or merely slide into adoption of the contemporary ‘citizenship’ standard, remains to be seen when a proper lawsuit is filed,” Andy says. “I don’t think a judge can be found who will apply the’ original intent of the Founders.’”

January 7, 2016 [TELEPHONE] News Conference Details:

Republican presidential candidate Andy Martin

Andy Martin says Ted Cruz “Birther” issues are complex


Telephone news conference:

Dial-in Number: 1-800-466-8543

Conference Code: 510518


Thursday, January 7 – 4:00 P. M.


LINKS TO THIS STORY (cut and paste the entire link below and not just the underlined portion):



New citations after emailing:


One author has called Andy Martin the “big kahuna” of the anti-[Barack] Obama movement. Another said “Andy Martin is revolutionizing journalism… [Andy] brings to online journalism what Rush Limbaugh [brings] to radio or Michael Moore to film: sleek little stories that fit into larger political narratives…” Another says, “The only American journalists that are ‘standing UP’ [to Obama] are, Andy Martin…”


Andy Martin is a legendary New Hampshire, New York and Chicago-based muckraker, author, Internet columnist, talk television pioneer, radio talk show host, broadcaster and media critic. With forty-eight years of background in radio and television and with five decades of investigative and analytical experience in Washington, the USA and around the world, Andy provides insight on politics, foreign policy, intelligence and military matters. For a full bio, go to:; also see

Andy has also been a leading corruption fighter in American politics and courts for over forty-five years and is executive director of the National Anti-Corruption Policy Institute. See also;

He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York (LaGuardia CC, Bronx CC).

He is the author of “Obama: The Man Behind The Mask” [] and produced the Internet film “Obama: The Hawaii’ Years” []. Andy is the Executive Editor and publisher of the “Internet Powerhouse,” blogging at and

Andy’s family immigrated to Manchester, New Hampshire 100 years ago; today his home overlooks the Merrimack River and he lives around the corner from where he played as a small boy. He is New Hampshire’s leading corruption fighter and Republican Party reformer.


Andy’s columns are also posted at

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