National Review Online: The Cruz Birthers

http://www.nationalreview.com/articles/343914/cruz-birthers-eliana-johnson ^

[WildHighlander57]

And since there was a divorce, there was a marriage.

Then we have the rules for the case of marriage of a citizen mother to a non-citizen father, and given the birth outside the u.s. then per the part in your post below applies, and 0 is not a citizen-

Ann dunham Obama was 18, too young to convey citizenship.

“.... When one parent was a US citizen and the other a foreign national, the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child, with five of the years after the age of 14. An exception for people serving in the military was created by considering time spent outside the US on military duty as time spent in the US.....”

[WildHighlander57]

“.....On order for their divorce to be legitimate,there had to be marriage paperwork.....”

Another aspect to this from an example in my own family.

My mother in law and my father in law married in church but never recorded it at the county clerk.

Back in the 1930’s when they were married, a lot of couples did this.

Years later, my mil and fil divorced and there are papers in the family archives to show for it.

The church document of their marriage is also in there.

So, I am drawing parallels with Stanley Ann dunham and Barack Obama SR.

If they were married and didn’t file with the county, they still could get divorced and have papers to show for it.

Some where on one of the eligibility threads there’s a mention of a marriage index for them.

[Seizethecarp]

“And since there was a divorce, there was a marriage.”

A bigamous marriage is a legal nullity in both the US and Kenya. It did not happen.

The INS FOIA documents show that the US government had recorded Sr.’s marriage in Kenya and had doubts about the legitimacy of the claimed marriage to Stanley Ann, as did UH and Harvard.

IANAL, but it appears to me that If Ann gave birth in Kenya as a legally single mom, she DID meet the one year US residency requirements to pass statutory citizenship at birth to Barry.

I believe that Barry’s legal team has already anticipated making the claim that his mom was legally single when she gave birth in Kenya because dicta from the Marguet-Pillado case has been inserted into the Congressional Research Service (CRS) definition of “natural born citizen” and also in motion to dismiss filings in state courts.

See my vanity thread on Marguet-Pillado:

http://www.freerepublic.com/focus/f-bloggers/2857598/posts

In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his “III Analysis” dicta, states: “No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.”

On March 1, Sheriff Arpaio’s Posse re-opened the possibility that Obama was born in Kenya by announcing that it had found probable cause to believe that Obama’s long form birth certificate was forged, newspaper birth announcements were unreliable, and that there was now no proof that Obama was born in the USA.

A week earlier, with full knowledge of what the Arpaio Posse’s findings would be, “constitutional scholar” Obama’s legal team suddenly started citing the Marguet-Pillado case in multiple PA and GA ballot eligibility state appeals. The following language is included by Obama’s lawyers in the PA and GA MTD filings:

“President Obama was a United States citizen from the moment of his birth in Hawaii. Since he held citizenship from birth, all Constitutional qualifications have been met. Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. App., 2009); see,United States v. Marguet-Pillado , 648 F.3d 1001, 1006 (9thCir., 2011). There is no basis to question the President’s citizenship or qualifications to hold office.”

www.ca9.uscourts.gov/datastore/opinions/2011/08/.../10-50041.pdf

Notice how they are covering Barry’s butt two ways. First by citing the (delusional) Ankeny case trying to make him NBC if born in the USA, and then throwing in the Marguet-Pillado dicta for no apparent reason other than to cover Barry if he was born outside the USA.

[WildHighlander57]

Then the fallback/counter position would be that 0’s fathers British citizenship would govern his sons nationality, making 0 a dual citizen.

And then use minor vs. Happersett to say that in the case of dual nationals/only one citizen parent, the child is not NBC.

[Yosemitest]

I see what you're saying. But I disagree about the legality viewpoint of Stanley Ann's marriage.
She was married and she was divorced.
Barack Hussein Obama II, aka Barry Soetoro, has a real birth certificate, with his right footprint on it.
All you have to do is look for it.
It was part of Stanley Ann's divorce papers, and then it was given back to her. People of the court that granted their divorce saw it and reported the fact that she had a son born in Kenya.
Look at the INS records and see how many Kenyan born people came into the United States in 1961.


Only one Certificate issued for births in regions of Africa which includes Kenya to U.S. parents between July 1st and December 31st, 1961.
The data shows no certificates were ikssued between Jan 1st - June 30 of 1962.
From January 1 to June 30, 1961, no COACs (Certificate of Acquired Citizenship) were issued for arrivals from the same region of Africa while just three were issued in the next six months.

And check this out.

" Corroborating data from passenger arrivals of flights entering the U.S. between July 1st, 1961 and June 30th, 1962 indicates
this one individual may have been originally classified as an alien upon arrival prior to application for derivative citizenship.
The INS report shows there was only one individual who was originally classified by the INS as an alien arriving by air from Kenya.
This individual was possibly inspected by INS officers in Hawaii upon arrival at the INS station located within Honolulu International Airport sometime in early August of 1961.



Unfortunately, the report does not give data supporting that this individual was accompanied by a U.S. citizen parent.
This may be explained by the disparity of time between being classified as an “alien” in the interim until a COAC was granted and the collection of data for this report’s date of publication.



According to the INS report data, a voluntary birth to a U.S. resident in Africa in 1961, away from the quality of care offered at U.S. hospitals
was extremely rare with only eight such cases in more than two years.
The rarity of this event would leave an easily referenced recording of the birth abroad.
Hawaiian law also specifies that documentation used to issue birth certificates by the Hawaiian Health Department
includes certificates of citizenship issued by the Immigration and Naturalization Service upon arrival of children born to U.S. citizens abroad. "

[Seizethecarp]

“I see what you’re saying. But I disagree about the legality viewpoint of Stanley Ann’s marriage.
She was married and she was divorced.”

I do not claim to know how SCOTUS would rule at the end of the day on Barry’s citizenship which can only happen when full discovery is obtained through documents and witnesses in both HI and, likely, Kenya, and also the UK because Kenya was a UK colony at the time of birth.

I do know it is fact that a bigamous marriage is a legal nullity (never existed). What I do not know is how and when a marriage gets declared to be a nullity.

Who has standing to bring such an action? If both parties are dead and there are no competing claims on an estate, doe a clearly bigamous marriage govern whether a baby gets to be or not to be a UK subject or US citizen by default?

Are there cases where marriages that were bigamous where declared null and void after both parties were dead?

IANAL, but if I have some time I might look into that, but until there is more discovery it would be a wild goose chase.

Perhaps if the Posse delivers on proving that Barry’s BC was forged it will open up the marriage issue and the true birth location issue.

[Seizethecarp]

“Then the fallback/counter position would be that 0’s fathers British citizenship would govern his sons nationality, making 0 a dual citizen.”

The 1948 BNA that governs the children of BHO Sr. EXCLUDES illegitimate children. The 1902 Kenya Colony marriage act deems non-Muslim, non-tribal marriages to be bigamous especially if illegal in the location of the marriage, which a bigamous marriage would have been in HI as well as Kenya.

Here is a cut-and paste from earlier research and posting that I did:

• See Kenya Marriage Act of 1902 paragraph #49:
49. Whoever contracts a marriage under this Act, being at the time married in accordance with native law or custom or in accordance with Mohammedan law to any person other than the person with whom such marriage is contracted, shall be guilty of an offence and liable to imprisonment for a term not exceeding five years.

kenyalaw.org/family/statutes/...?file=The+marriage+act.pdf

• BNA of 1948 Legitimation of persons born out of wedlock:

23.—(1) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the marriage or of the commencement of this Act, whichever is later, be treated, for the purpose of determining whether he is a citizen of the United Kingdom and Colonies, or was a British subject immediately before the commencement of this Act, as if he had been born legitimate.

(2) A person shall be deemed for the purposes of this section to have been legitimated by the subsequent marriage of his parents if by the law of the place in which his father was domiciled at the time of the marriage the marriage operated immediately or subsequently to legitimate him, and not otherwise.

http://www.uniset.ca/naty/BNA1948.htm

“(2) Subject to the provisions of section twenty-three of this Act, any reference in this Act to a child shall be construed as a reference to a legitimate child; and the expressions “father”, “ancestor” and “descended” shall be construed accordingly.”

http://www.uniset.ca/naty/BNA1948.htm

• The Illegality/Un-Constitutionality of Dual Citzenship

Sunday, December 27, 2009 10:00:02 PM • 28 of 28
Seizethecarp to PugetSoundSoldier

“Yet you can be granted citizenship by other nations, and it will be accepted. So is the problem with dual citizenship or not?”

NBC is a condition of birth which is impervious to foreign claims. If a person, after the age of majority undertakes to acquire and is granted citizenship of another country, that has nothing to do with and does not negate NBC status.

“The problem” with Obama is that his stated biography (assuming a non-bigamous marriage of his parents) with his UK subject father would make Barry “governed by the BNA of 1948” and thus a dual UK-US citizen at birth. Barry would be a native born citizen (born on US soil if, indeed, he was) but not a natural born citizen, according to some constitutional scholars.

If Barry’s parents had a bigamous marriage due to his father’s previous Kenya marriage to Kezia, Barry would be the illegitimate son of a legally single US citizen mom and would be NBC under US law because he would not be a dual citizen. The BNA of 1948 does not pass citizenship to illegitimate children.

If Barry were actually born in Kenya and his HI vital record came about as a result of a fraudulent report of a home birth or some sort of post-birth amendment (so far hidden by HI vital records due to Barry refusing a release) Barry would not be NBC or even a US citizen due to the age of his mother under US law at the time.

[Flotsam_Jetsome]

"I do not claim to know how SCOTUS would rule at the end of the day on Barry’s citizenship which can only happen when full discovery is obtained through documents and witnesses in both HI and, likely, Kenya, and also the UK because Kenya was a UK colony at the time of birth."

That much at least, can reliably be said.

However, logic would seem to dictate that, regardless of whether a "marriage" between BHO (#1) and SAD turns out to be a legal nullity, if paternity is established as being by the Kenyan, it has the effect, by virtue of his foreign, non-naturalize status, of weakening, rather than strengthening the presumed tendency toward loyalty, such as is the case with parentage by TWO Citizens. Of course, IANAL either, so. . .

[Yosemitest]

"thus a dual UK-US citizen at birth. Barry would be a native born citizen (born on US soil if, indeed, he was) but not a natural born citizen, according to some constitutional scholars. If Barry’s parents had a bigamous marriage due to his father’s previous ... If Barry were actually born in Kenya and his HI vital record came about as a result of a fraudulent report of a home birth or some sort of post-birth amendment (so far hidden by HI vital records due to Barry refusing a release) Barry would not be NBC or even a US citizen due to the age of his mother under US law at the time."

That's my thought, also.
Barry is an ILLEGAL ALIEN, because his father was a "TRANSIENT ALIEN" and never intended on Immigrating to the United States.

[Seizethecarp]

“Barry is an ILLEGAL ALIEN, because his father was a “TRANSIENT ALIEN” and never intended on Immigrating to the United States.”

I don’t believe that the on-point court rulings have been made for me to share that conclusion. None of the fact patterns of prior cases match Barry’s fact pattern narrative (or multitude of narratives).

IMO, only SCOTUS can ultimately decide what NBC means as applied to Barry and ONLY after full discover has been made.

Included in that discovery would be a ruling by the UK Supreme Court that Barry was a UK subject at birth in Kenya Colony.

Short of rulings by the highest US and UK courts with full discovery, I am not prepared to declare Barry to be a citizen, an NBC or a non-citizen.

There is zero chance of that happening in civil court before Barry leaves office, I for now I must look to the AZ Posse to nail him for forgery in criminal court and hope that it reveals where he was born.

[Yosemitest]

From here:

A "Transient Alien"
Senior was never at any time an immigrant to the United States, by intention or by law.
He was a person of a "transient" nature to the United States.

On the US State Department’s website on the page entitled Immigrants to the U.S. it clearly states:
Immigrating to the United States to live here permanently is an important, and complex decision.
This section provides information to help foreign citizens desiring to permanently immigrate to determine the visas, requirements, and related materials they will need to apply to immigrate to the United States.

Senior had no intention of residing in the United States permanently,
he was here in the early 1960’s because he was hand picked by the founder of the socialist, Nairobi People's Congress Party
to come to the United States to study in preparation for Kenya’s independence.

There are two types of student visas for the United States, F-1 and M-1.
Both are classified as non-immigrant visas by the U.S. State Department.

And one more piece of info:

[Seizethecarp]

The entire US Congress failed to object to Barry being inaugurated TWICE knowing fully well that his “authenticated” (by Hawaii) legal father was a transient alien and subject of the UK.

SCOTUS refused to touch several cases (Donofrio’s was the best, IMO) that it could have taken if they wanted to rule Barry ineligible. The Bush admin. asked the Kenyan gov’t to try to find Barry’s Kenyan BC, as Corsi reported in his book, WTBC, but came up dry.

So all three branches of government gave Barry a pass in 2008 and doubled-down in 2012. So the NBC issue is functionally dead as a practical matter.

IMO this goes back to the deal apparently cut between the Dems and the GOP-e not to challenge each others likely ineligible candidates in 2008.

What is NOT dead is criminal forgery and conspiracy to hide what is likely a foreign birth, IMO. The elite have brainwashed to public to think that “born on US soil is NBC,” so even though Barry’s legal team has a clear strategy to claim he was NBC at birth even if born in Kenya (Marguet-Pillao), the public will have a hard time buying it.

[Yosemitest]

Just because the cowards in Congress agreed to that crap, doesn't make it right.
Obama's criminal forgery of not one, not two, but three BCs, Congress doesn't have the guts to fight that one either.
And to find an honest judge that will allow it to be prosecuted, I doubt we'll find that either.
LORD HELP US !