The Post & Email 9/2/2024
NEW YORK CASE TO BE APPEALED TO U.S. SUPREME COURT On August 26, Schuyler County, NY resident and registered voter Montgomery Blair Sibley uploaded his “Complaint for Declaratory Relief” filed August 12 in New York Supreme Court naming as defendant Kristen Zebrowski Stavisky “solely in her official capacity as Co-Executive Director of the New York Board of Elections and New York’s Chief Election Official.”
Zebrowski Stavisky was appointed in 2021 to the Co-Executive Chairman post by Gov. Kathy Hochul and later to “Chief Election Official,” according to her official biography.
In his complaint, Sibley, a former practicing attorney, alleged “that Kamala Harris is ineligible to appear on the November 5, 2024, New York Election Ballot” on the grounds she is not a “natural born Citizen” as required by Article II, Section 1, clause 5 of the U.S. Constitution for the president and commander-in-chief.
“The phrase ‘natural born Citizen’ appears just once in the Constitution while the
phrase ‘citizen’ appears twenty-one (21) times,” Sibley wrote on page 4 of the complaint. “Plainly, the Founders intended something more than just ‘citizenship’ in order to be President of the United States.”
“Kamala Iyer Harris was born on Oct. 20, 1964, in Oakland, California and as such
is a citizen of the United States,” Sibley wrote on page 3. “A copy of her Birth Certificate is attached hereto. However, neither Kamala Iyer Harris’ mother, Gopalan Shyamala, nor her father, Donald Jasper Harris were Citizens of the United States at the time of Kamala Iyer Harris’ birth. Upon information and belief, at the time of Kamala Iyer Harris’ birth both her parents were in the United States on temporary student visas, with the express condition that both were ‘non-immigrant students.'”
After filing the complaint and paying the requisite fee, Sibley wrote, Judge Christopher P. Baker simply dismissed it, then hastily corrected his error when challenged. “Supreme Court Judge Baker on August 20, 2024, without giving me notice or an opportunity to be heard, entered his Order sua sponte dismissing the Complaint,” Sibley wrote on his Substack. “The next day, August 21, 2024, I responded with my Motion to Vacate the Order of Dismissal. Two hours later, Supreme Court Judge Baker ‒ realizing his grotesque violation of due process ‒ through his law clerk contacted me and directed me to file a Notice of Hearing for Thursday, August 29, 2024 at 1:30 p.m. in Watkins Glen, New York” (emphasis original).
The hearing took place as scheduled. On Friday Sibley told this writer, “As I expected, the Judge refused to vacate his dismissal order. Now I will file my notice of appeal on Tuesday and prepare an emergency petition for certiorari to the U.S. Supreme Court. I hope to have that filed by September 7. Then the question of Kamala Harris’ eligibility will be in front of them.”
More:
https://www.thepostemail.com/2024/09/02/presidential-eligibility-suit-harris-not-a-natural-born-citizen/
