If she had him in Kenya that is...
On Nov 11, 11:15 pm, Gaar <[EMAIL PROTECTED]> wrote: > Again, by Law, his Mother was not qualified to give him Citizenship. > > On Nov 11, 11:13 pm, "d.b.baker" <[EMAIL PROTECTED]> wrote: > > > > > Keith, the law on this has been changing virtually daily, and much of > > it falls under the purview/jurisdiction of the State Department - > > based on my research. > > > For example, even a "routine oath of allegiance" to another country is > > no longer taken as firm evidence of intent to give up US citizenship, > > even if said oath includes a renunciation of US citizenship. More, one > > is not required to reaffirm what one hasn't renounced. > > > Berg is relying on old (bad) law, none of which stood up when tested. > > I seriously doubt that SCOTUS is willing to go back now, that is, > > suspend themselves to recognize the very laws that they themselves > > overturned. Especially to unseat a US president. > > > More importantly, what stood out in my reading of various cases, was > > the reliance on “intent.” Carried forward, what was Obama’s intent? > > What was his mother’s intent? Even if Barack was born in Kenya, his > > mother’s intent was that he be – like her – a US citizen. And she took > > affirmative steps to insure that. > > > Barack’s intent is obvious. Except for living abroad for fives years > > as a minor through no fault of intention of his own – he lived and > > grew up in America. > > > On Nov 12, 1:02 am, KeithInTampa <[EMAIL PROTECTED]> wrote: > > > > Hey D.B.; > > > > I have absolutely no problem with, and I would like to see the Court > > > address the substantive issues brought forth by former Pennsylvania > > > Attorney General Peter Berg in his intital Complaint. Personally, at > > > this juncture, I don't see that happening, which I surmise causes a > > > problem for the President elect, but I could be mistaken, that is a > > > "what if" game. > > > > If the facts are established as you believe them to be, (taking the > > > four corners of the initial Complaint as truthful, accurate and at > > > face value) and proved to be inaccurate or contradicting, then yes, > > > the Court should toss the Petition for Writ and Berg out on his ear. > > > Having said that, (and I don't have the statutes in front of me that > > > Berg references in his initial Complaint) but I don't know how Senator > > > Obama or the Court gets around the birth registry in Kenya, its > > > recordation in Canada, but more importantly the status of the Mother > > > (again, without having the 1950 or 1952 statute in front of me) by > > > statute, the time restrictions placed upon the Mother, and the > > > requirement that Obama was required to declare his citizenship when he > > > reached the age of majority, coupled with his Indonesian > > > citizenship. . > > > > Again, this is all moot, because the Supremes have to grant the Writ > > > of Certiorari before we even get to the substantive issues of the > > > case. The Supreme Court could opt to get to that point after > > > addressing the procedural issues raised, but I doubt it. > > > > On Nov 12, 12:33 am, "d.b.baker" <[EMAIL PROTECTED]> wrote: > > > > > At the risk of contradicting myself, which I'm about to do - the whole > > > > question of Obama's citizenship seems less a matter of law than of > > > > public scrutiny, that is, if the question itself became common > > > > knowledge, if the electorate becomes aware of the situation, therein > > > > lies the real damage - if any. > > > > > Otherwise, I seriously doubt the law itself will unseat the president- > > > > elect. Mainly because the question of dual citizenship has been > > > > challenged and defeated many times; dual citizenship is recognized by > > > > the US, particularly because a number of foreign countries do not > > > > allow renunciation of citizenship, such as in the cases of naturalized > > > > US citizens. > > > > > Meanwhile, I'm assuming Obama can prove he's a natural born citizen, > > > > which would essentially render Berg's questions moot. > > > > > The only potential violation I see is in the "use" of an Indonesian > > > > passport, specifically to enter a country (Pakistan) that had been > > > > declared off limits to US citizens (dual or not) by the US Department > > > > of State. Nonetheless, even if Obama were found to be in simple > > > > violation of the directive, it would not adversely effect his US > > > > Citizenship. > > > > > Which brings us (me) back to square one: production of a valid birth > > > > certificate. > > > > > Let's assume, as Berg asserts, that Barack was born in Kenya, the home > > > > of his natural father. Several days later his mother, a US citizen, > > > > registers his birth in Hawaii by affidavit or signature. A court is > > > > likely to recognize Obama's status as a citizen based on the time > > > > (year) and intent - rather than question the certificate itself, > > > > assuming it meets Hawaii's standard. Which it apparently does, as > > > > verified by Hawaii's current governor. > > > > > In fact, the more I think about this case, the more I believe it > > > > should fail on legal grounds - with or without "standing." Berg > > > > asserts, for example, that Obama failed to swear an oath upon his > > > > return from Indonesia, when he reached the age of majority. But Obama > > > > left and returned as a minor and was not a willing or knowledgeable > > > > participant regarding Indonesian law. In order to make such a charge > > > > stick, the court would be required to call in the State Department - > > > > and the State Department would need to produce proof of Barack's "un- > > > > American" activities - as a 5-yer-old. Barring that, the court would > > > > have to rely on Indonesian law, in effect, strip Obama's US > > > > citizenship based on association rather than outright collusion - > > > > again, as a minor. > > > > > We may not want Obama as president, but that's political... and we're > > > > in the minority. > > > > > Berg’s suit should be thrown out. > > > > > Beyond the “law,” which is ambiguous at best in these matters, I would > > > > rely more on intent. Certainly Barack’s intent was and is to be a US > > > > citizen, and to afford him anything less would be… un-American. Not to > > > > mention making a mockery of this country.- Hide quoted text - > > > - Show quoted text -- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more. -~----------~----~----~----~------~----~------~--~---
