Dr. Shiva Ayyadurai Fake "Inventor of Email" / Anti-Vaxxer / Election Truther / Failed Candidate

[Ben-Prime]

I mean, IANAL, but I seem to remember when I first saw this being discussed (I can't remember whether I was reading that discussion here or on Reddit, because I'm old that way), it was pointed out that what the FEC *actually* said was that their mandate doesn't include whether someone is actually eligible to hold the office, therefore they could not address it. Which is a far cry from saying that it's legal or permitted, just that they were not the folks who would deal with that. Or am I missing something, becuase Ayyadurai's attestation here would be like me saying "Well, the FBI's mandate doesn't cover simple assault against a random fellow citizen, therefore the FBI said I could go around threatening randos all day", so clearly I'm missing something, or he's just being sleazy, and I know he can't be sleazy since he's a) a doctor, b) the inventor of email, c) an anti-vaxxer, and d) an election truther, so therefore he's the soul of honesty.

[bob]

it was pointed out that what the FEC *actually* said was that their mandate doesn't include whether someone is actually eligible to hold the office, therefore they could not address it. Which is a far cry from saying that it's legal or permitted, just that they were not the folks who would deal with that.

Basically, yes. The FEC said it wasn't its job to determine eligibility.

It also said, absent fraud, ineligible candidates could run.

Charitably, this was to allow a good-faith campaign to challenge the requirement.

Realistically, this encouraged ineligible grifters to DENY DENY DENY their ineligibility. As long as there's a fig leaf of good-faith belief, there's no fraud.

[bob]

No surprise: the DDC dismissed Ayyaurai's lawsuit.

Grifter gotta, so Ayyadurai filed a NOA.

So the D.C. election officer named in this case also filed an appeal. (I'm not sure why; the case was dismissed.)

That appeal (D.C. Cir. No. 24-5153) was consolidated with Ayyadurai's appeal (D.C. Cir. No. 24-5133). And a panel order came out today (but isn't on RECAP yet).

[bob]

Ayyadurai is on New Jersey's unofficial candidate list.

A twitter rando said the DNC was suing Ayyadurai in New Jersey, but I haven't found that.

[bob]

A twitter rando said the DNC was suing Ayyadurai in New Jersey, but I haven't found that.

Now that makes more sense: an OAL hearing.

Recall that Apuzzo (RIP) twice made New Jersey OAL hearing challenges, and they did not go well for him.

I similarly expect this will not go well for Ayyadurai, and he won't be on the New Jersey ballot.

Too also: N.J. Globe: Judge will decide if Ayyadurai can remain on N.J. ballot for president:

Independent candidate is naturalized citizen, isn’t eligible to be president, Parikh says

Independent presidential candidate Shiva Ayyadurai should be tossed off the New Jersey general election ballot because he’s not a natural-born U.S. citizen, a lawyer for the New Jersey Democratic State Committee said [last week].

* * *

New Jersey Administrative Law Judge Wiliam Cooper will hear Parikh’s challenge in court on Monday.

And: N.J. Globe: Decision on Kennedy in New Jersey likely on Tuesday, judge says:

Challenge to Ayyadurai’s candidacy also under deliberation

* * *

A separate election challenge against independent presidential candidate Shiva Ayyadurai is also expected to be decided tomorrow, with Administrative Law Judge William Cooper saying he hopes to release a decision by noon.

* * *

Ayyadurai put forward several arguments during the half-hour hearing, including that states cannot restrict federal candidates from the ballot and that the matter should be decided by voters, not by the courts; he also issued repeated broadsides against Raj Parikh, the attorney for the NJDSC, and implied that Cooper would not be impartial in the matter because he had been appointed by Democratic Gov. Phil Murphy.

Sounds like Taitz but without her charm.

Bonus:

Administrative Law Judge Ernest Bongiovanni is expected to decide tomorrow whether Robert F. Kennedy, Jr. will remain on the New Jersey ballot as an independent candidate for the presidency.

After a two and a half hour hearing on Monday, Bongiovanni must determine whether the state’s Sore Loser Law, which prevents candidates from running as independents after they unsuccessfully sought a major party nomination for the same office.

Scott Salmon, a Democratic election lawyer who wants Kennedy tossed from the ballot, showed Bongiovanni videos of Kennedy announcing his challenge to Joe Biden in the Democratic primary – and Kennedy speaking at the opening of his Elizabeth, New Jersey campaign headquarters last year – along with Federal Election Commission reports that he raised and spent money in New Jersey.

But Kennedy’s attorney, Donald Burke, argued that Kennedy never actually filed to run in the New Jersey presidential primary – or any other state – and that the Sore Loser Law doesn’t apply.

Bongiovanni gave both sides until noon tomorrow to submit a post-hearing brief. The deadline for the judge to send his findings to Secretary of State Tahesha Way is tomorrow.

[bob]

At Utah's elections site, Ayyadurai is classified as an "election candidate." But I don't what this means, exactly.

I just checked again, and Ayyadurai now is listed as "disqualified" in Utah.

I'm hoping that small Jersey paper will publish an article about his getting the boot there.

[bob]

N.J. Globe*: Ayyadurai, born in India, deemed ineligible for N.J. presidential ballot:

Constitution requires presidents to be “natural-born citizens”

Independent presidential candidate Shiva Ayyadurai has been deemed ineligible to appear on New Jersey ballots, with Administrative Law Judge William Cooper determining that his being born in India to non-American parents contravenes the U.S. Constitution’s requirement that the president be a “natural-born citizen.”

* * *

Cooper’s opinion is subject to review by Secretary of State Tahesha Way, who ultimately has final say over who does and doesn’t make it onto New Jersey’s ballots.

* * *

Ayyadurai put down a smattering of different arguments against Parikh’s case, including that the Supreme Court’s Trump v. Anderson ruling last year supposedly prevents states from disqualifying any federal candidates (in a case that revolved around an entirely different provision of the Constitution); that New Jersey has allowed ineligible presidential candidates on the ballot before in the absence of a challenge; and that the entire issue is one that needs to be decided by voters themselves.

“The people of New Jersey want me, Dr. Shiva, on the ballot,” Ayyadurai said. “This is a political process – the will of the people. As such, this comes under the political question doctrine. It’s a non-justiciable issue… Non-justiciable means that even a court does not have the power to exercise its judicial power. The political process must prevail.”

Another core component of Ayyadurai’s argument came from a 2011 Federal Election Commission ruling that a Guyanese-born man could file paperwork to run for president and raise money for his effort. But that was a case concerning campaign finance laws, not ballot access, and several federal courts later explicitly affirmed that the Constitution’s natural-born citizen requirement remains in place.

Ayyadurai, who summoned more than 120 of his supporters to attend the virtual hearing, also implied that Cooper may have been biased against him.

“It’s come to my attention that the Democrat governor, Phil Murphy, nominated you as one of three judges to the [Office of Administrative Law], and Mr. Parikh, my opposing counsel, who’s representing the New Jersey Democratic Party, is a very close professional ally of the Democratic governor Murphy – the same person who nominated you for this post,” Ayyadurai said.

The ruling cites the ALJ's previous rulings litigated by Apuzzo.

Apuzzo, still screwing it up for birthers from the afterlife.


* The Globe was founded by David Wildstein; he also wrote the first articles about Ayyadurai. Wildstein just so happens to be the architect of Bridgegate, which toppled Christie. (Wildstein had pleaded guilty, but his convictions were later overturned, basically because SCOTUS doesn't care about public integrity.)

[Luke]

Thank you Bob!!

Apuzzo, still screwing it up for birthers from the afterlife.

He doesn't have to deal with the mocking and humiliation... he WON!

That bizarre gbm @morrowfcs followed me, creepy. He seems to have moved on to fake blood imprinted 3D Printed Fake Meat. Horrifying Truth About Vaccines, etc. What these folks' lives must be like with conspiracies coming at them from every angle. To have the time to push and promote all this junk, how much you want to bet they are getting government assistance?


This is a hilarious opening, it's made before the decision I think but I wasn't going to watch past the opening. Somehow it's Kamala v Shiva.

[bob]

This is a hilarious opening, it's made before the decision I think but I wasn't going to watch past the opening.

Yeah; it was Ayyadurai's victory lap post-hearing, pre-decision.

I notice Shiva and his cultists have basically gone silent after the court dropped its ruling.

Somehow it's Kamala v Shiva.

I mean, fair: the New Jersey Democrats did file a challenge. But I'll take that framing:

Harris: 1.
Ayyadurai: 0.

[bob]

So Ayyadurai sent the SoSoNJ his "exceptions" (objections) to ALJ's recommendation to kick Ayyaduari off the ballot:

It is the usual Ayyadurai bluster and bullshit that has convinced no one outside of this cult (which is nonetheless eating it up).

The SoSoNJ undoubtedly will act in accordance with the ALJ's recommendation. (Ayyadurai may receive a polite FOAD letter.)

Then it is off to the ("real") courts.

Ayyadurai makes one somewhat interesting point; he notes four times the SoSoNJ has permitted an ineligible candidate onto the ballot:

But prior secretaries' indifference isn't binding on the present SoSoNJ. And I presume there were no challenges to those candidates, hence why they appeared.

But Ayyadurai's having a normal one:

[bob]

"For completeness," Ayyadurai is not on the offical list of New Jersey's presidential candidates. Which implies the SoSoNJ rejected his appeal from the ALJ's adverse recommendation.

[Luke]

When this topic first came up, it was because, despite Shiva's usual absurdity, he had a semi-interesting claim about government influence over social media companies. It was compelling enough that a judge offered him a free expert attorney. But he completely botched that opportunity, didn’t take it, and the whole thing fell apart.

Now, he seems to have seriously gone downhill. Did he really put a dot on Kamala’s forehead in the tweet above? Is he trying to appeal to the Arpaio crowd now? What’s going on with him? I’m not sure when the next election in Fountain Valley (or whatever the actual name is where Joe just lost) is, but it seems like he’s lost it. The stuff he’s been posting lately—yeah, I’m reading it here since he blocked me—comes across as totally unhinged. Something must’ve gone wrong in his life or health, or something.

To a funnier thing -- which one of you clowns posted this below Shiva's original tweet?

Janusz P. @JanuszP20 Aug 7
Could SCOTUS take the case before election?

[bob]

Yes, Ayyadurai did post that photo with dot. I reported it, but Twitter basically isn't enforcing its TOS anymore. Hence why advertisers are fleeing

To the extent Ayyadurai even has a strategy, he's messaging towards extremists. As in, if the Republican nominee and RFKjr aren't crazy enough for you, there always Ayyadurai.

I'm convinced this is just a long con: Ayyadurai is using this sham campaign to build a cult that he can grift off.

[bob]

"For completeness," Ayyadurai is not on the offical list of New Jersey's presidential candidates. Which implies the SoSoNJ rejected his appeal from the ALJ's adverse recommendation.

N.J. Globe (last week): Secretary of State affirms RFK Jr.’s spot on presidential ballot:

Way keeps Sonski, Ayyadurai off ballot after administrative law judges rejected their candidacies

* * *

[Secretary of State Tahesha] Way also upheld separate administrative law decisions keeping two other independent presidential candidates, Peter Sonski and Shiva Ayyadurai, off the ballot for different reasons.

* * *

Ayyadurai, meanwhile, faced a challenge from the New Jersey Democratic State Committee over the fact that he was born in India and is a naturalized citizen, which does not meet the Constitution’s requirement that the president be a “natural-born citizen.” Ayyadurai appeared at Monday’s hearing himself to make the case for why he should stay on the ballot, but Administrative Law Judge William Cooper rejected his arguments, saying that the Constitution’s requirements are clear-cut and have been upheld in the past.

Way affirmed both of those decisions today . . . .

And:

N.J. Globe: Appellate division rejects Ayyadurai’s expedited appeal of removal from presidential ballot:

Ayyadurai was removed from ballot for not being natural-born U.S. citizen

The appellate division of the New Jersey Superior Court has rejected independent presidential candidate Shiva Ayyadurai’s motion for an expedited appeal of his removal from New Jersey’s presidential ballot, likely dooming Ayyadurai’s efforts to make it onto the ballot this November.

* * *

Ayyadurai filed an emergent motion to appeal that decision, but the motion was rejected today, with the appellate division determining that the motion “does not concern a threat of irreparable injury.” The division also cited Ayyadurai’s own admission that he is not a “natural-born citizen” as a reason for denying the expedited appeal.

Appellate Judge Jessica Mayer did note that Ayyadurai “may file a motion with the Clerk’s Office in the ordinary course,” but a non-expedited court hearing will likely come too late for Ayyadurai to make the ballot, since New Jersey’s county clerks have already begun the process of designing their ballots without Ayyadurai on them.

Ayyadurai presumably could appeal the denial of his emergent motion.

[bob]

New Jersey is the farthest he's gone up the judicial ladder. He'll need an emergency appeal first to SCONJ. And then SCOTUS, which will just silently deny.

And that's just one state.

Meanwhile, the election is happening in less than three months.

[pipistrelle]

99% of Judges, Lawyers and Pundits do NOT know Law

Kind of a bold statement, like 99% of doctors don't know your funny bone from your head bone.

[bob]

Ayyadurai is an incredibly unreliable narrator, but courts don't schedule your appeal like it is a dinner reservation. You file it, or you don't.

My WAG is Ayyadurai is clueless, so he called the court for help, advice, hints, etc. And the person answering the phone said, "Not my department; the person who can talk to you presently is busy."

[sugar magnolia]

It doesn't appear to be a "hotline" and did he seriously expect any court to be open at 8:15?

[bob]

It doesn't appear to be a "hotline" and did he seriously expect any court to be open at 8:15?

I think Ayyadurai expected his cultists to clog the court's voicemail. Because that's really how you win cases.

[sugar magnolia]

It doesn't appear to be a "hotline" and did he seriously expect any court to be open at 8:15?

I think Ayyadurai expected his cultists to clog the court's voicemail. Because that's really how you win cases.

Well, based on the replies to his tweet, all three of them did.

[Dave from down under]

He’s gone full sovcit

[bob]

N.J. Globe: Ayyadurai demands that N.J. Supreme Court put him back on presidential ballot:

Independent candidate was removed for not being natural-born citizen

Shiva Ayyadurai, an independent presidential candidate who was removed from New Jersey’s ballot because he isn’t a “natural-born citizen” of the United States, is now asking the New Jersey Supreme Court to overturn two prior rulings against him and place him back on the ballot.

* * *

“Debasing my qualifications on being President, which at this time is putting the ‘cart before the horse,’ violates the NJ Civil Rights Act, the 14th Amendment of the U.S. Constitution,” Ayyadurai wrote in his request for emergent relief. “I did NOT give allegiance to America, forgoing my Indian citizenship, to be treated as as a Second Class citizen. Independent of the vile and invidious discrimination of those parties’ defective rulings, a STAY must be issued to ensure the NJ Slate of Presidential Electors, under the slogan ‘Dr.SHIVA,’ are NOT removed from the ballot.”

Since the process of designing general election ballots is already well underway, any appeals process will have to move very quickly in order for Ayyadurai to have a chance at making it back on the ballot.

It doesn't look as if SCONJ has an online docket, but presumably it'll soon deny Ayyadurai's emergent motion. And then it is off to SCOTUS (for another terse denial).

[Foggy]

There's only one thing a naturalized citizen can't do that a natural born citizen can, and that's be president or vice-president. It doesn't mean he's some sort of second class citizen. Not everybody gets to be president, even among us NBCs. If you don't like your American citizenship, you can always revoke it and go back to India.

Too also, you were supposed to learn the basics of our political system before becoming a naturalized citizen. This is the single thing that separates the two types of citizens. Did you cheat on your citizenship tests, Doctor Shiva? Did you learn that after you became a naturalized citizen, you wouldn't be able to run for president? What changed your mind, the opportunity to grift some cash?

He's starting to annoy me. Him and Uygur.

[Ben-Prime]

Shorter Shiva (and Cenk): "I don't want anyone to think of me as a second-class citizen; but it's totally okay if they think of me as a first-class idiot."

[bob]

It doesn't look as if SCONJ has an online docket, but presumably it'll soon deny Ayyadurai's emergent motion.

N.J. Globe: N.J. Supreme Court bats down Ayyadurai’s ballot access appeal:

Ayyadurai, who isn’t a ‘natural-born citizen,’ remains barred from N.J. presidential ballot

Independent presidential candidate Shiva Ayyadurai has been handed his fourth straight loss in his effort to make the ballot in New Jersey, with the state Supreme Court tersely dismissing Ayyadurai’s motion for emergent relief.

* * *

“Debasing my qualifications on being President, which at this time is putting the ‘cart before the horse,’ violates the NJ Civil Rights Act, the 14th Amendment of the U.S. Constitution,” Ayyadurai wrote. “I did NOT give allegiance to America, forgoing my Indian citizenship, to be treated as as a Second Class citizen. Independent of the vile and invidious discrimination of those parties’ defective rulings, a STAY must be issued to ensure the NJ Slate of Presidential Electors, under the slogan ‘Dr.SHIVA,’ are NOT removed from the ballot.”

But the Supreme Court disagreed, writing in a brief order today that Ayyadurai “failed to prove an entitlement to emergent relief.”

Onto SCOTUS. (Or not.)

Having a normal one: