Posted on 02/23/2019 8:09:22 AM PST by E. Pluribus Unum
Although the remarkable dumpster fire that is the Jussie Smollett self-beclowning saga has captured all the headlines this week, the legally murky kerfuffle that is the so-called "ISIS bride" — Hoda Muthana — is probably the more nationally pressing story.
Muthana was born in the U.S. to a father who was a Yemeni diplomat. All sides of the constitutional debate regarding the original public meaning of the Fourteenth Amendment's Citizenship Clause concede that if the Clause's intermediary phrase, "subject to the jurisdiction thereof," means anything at all, it refers to the fact that the children of foreign diplomats are not automatically granted U.S. citizenship simply due to their having been born on U.S. soil.
After all, as Senator Lyman Trumbull, author of the Civil Rights Act of 1866 and Chairman of the Senate Judiciary Committee during the Fourteenth Amendment ratification debate, stated: "The provision is, that 'all persons born in the United States, and subject to the jurisdiction thereof, are citizens.' That means 'subject to the complete jurisdiction thereof.'...What do we mean by 'subject to the jurisdiction of the United States?' Not owing allegiance to anybody else." The phrase means "not owing allegiance to anybody else and being subject to the complete jurisdiction of the United States," Trumbull helpfully added.
The legal dispute begins with Muthana's father's diplomatic status — or lack thereof — at the time of Muthana's birth. The U.S. government's legal position is that the government's records show that Muthana's father held diplomatic status until February 6, 1995 — which is after Muthana's birthdate of October 28, 1994. The government's position is that this means Muthana herself was not a U.S. citizen at birth. But the details of Muthana's birth are made more complex by the specific actions of her father around that time: Only months prior...
(Excerpt) Read more at dailywire.com ...
Right. Arrest her at the airport. One more teachable moment.
And Gitmo is US territory.
We all makes choices in life. She chose poorly.
She made her Muslim terrorist bed, let her lie in it.
She should enjoy her desert Middle East Muslim life. After all, she’s such a devout Muslim, that is why she joined with ISIS in the first place. She made her life choice, so needs to live with it.
Terrorist , put her on a no fly list
In courts invested by Dorkbama the Muslim eunuch quota boy’s clown judges?
Not a chance.
She can take her slimy little butt wherever she wants as long is it’s not here.
I thought she wasn’t a citizen. How can you try someone for treason in an American court if she isn’t even an American citizen?
They misspelled “FRY” in the headline.
No...if she is in the US, some waco federal judge might free her!
No way. We shouldn’t spend one dime on this creature. Let her rot somewhere else not in the luxury of a US prison.
If she’s not a citizen can she be tried for treason?
She needs to be Che’d.
WRONG! This woman MUST BE ON THE NO FLY LIST!!! She doesn't get in to our country by flying! She is a THREAT on any airline.
There is no way this woman should cross the threshold of the USA ever again. We the taxpayers should not be paying anything to keep this woman alive nor should we pay anything to put her to death.
Let her stay where sh is or go and live in Yemen or someplace that will have her.
I don’t care what happens to her, or her spawn.
You have to remember that CAIR and the MUSLIM BROTHERHOOD ARE BEHIND THIS ISSUE. THERE NEEDS TO BE A RENDITION FROM SYRIA DIRECTLY TO GUANTANAMO.
SHE CAN BE TRIED THERE FOR TREASON AND TERROR ACTIVITY. aND IF THEY WANT SHE CAN BE EXECUTED AT GUANTANAMO, THE CHARGES ARE SERIOUS.
That should stem the flow of returning jihadis who want to conduct jihad in America.This case is a test case, let her in and there will be hundreds of them.
Wrong.
She’s probably rather live here in one of our modern prisons with fresh food daily, TV in every room, and air conditioning. Don’t kid yourself - living in a hellhole his much worse than living in an American prison.
Let her rot where she is...
Well said.
Like a Trojan Horse?
No! Cut the losses where they stand.
We have a few islands out in the Pacific as part of American territories. My suggestion is to fly her (and the others who get all hyped-up to return to the US) to the island....provide basic food and shelter for a period (maybe up to two years)...with limited internet. At the end of the period, you get entry into the US as probation. You do anything in the criminal sense or suggest jihadist behavior....within the two-year probation period, you go back permanently to the island to live out your life.
No. People tend to forget that even if she rots in prison, her son will be allowed to come to America and carry on his dead father’s work.
She doesn’t want to come back so much for herself as she wants her son to be in America. She said so.
Let’s save ourselves the headache.
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