Divided Loyalties, Obama’s Eligibility Problem, PART 2

Texas Darlin ^ | July 26, 2008 | Judah Benjamin

[Amityschild]

NOTE by TexasDarlin:

This is the second article in a two-part series by Judah Benjamin challenging the Constitutionality of Barack Obama’s bid for President.

This article was preceded by my Foreword, and by the author’s Part 1, which explores the legal history and definition of “natural born citizen” under Article II of the US Constitution. Those two posts should be read first, and in full.

Part 2 explores the factual basis for Barack Obama’s dual citizenship, and concludes that he has been a citizen of at least two countries, and therefore is ineligible to be President.

[Binghamton_native]

For an eye-opener, when you’re at the Texas-Darlin site, check out her link that is entitled “Hate Mail FFrom Team Obama”.

[Amityschild]

This post addresses this very issue, also at Texas Darlin:

Born in the USA?

[aruanan]

Gatun, I will post John McCain's COLB if you please go back and read Judah's article, in full. Deal?

The fields in this COLB were filled in on five separate occasions. That is, they were not filled in on the "sensitzed paper" at the same time. The fields that were typed through the greatest number of copies, thus leaving type that is the fuzziest, were these fields: Name of child and Date of birth. The next clearer field is Place of birth. The next clearer is name of father and mother. After that, at about the same level of clarity, but much darker print, comes Sex and Birth Registration No. Finally, the clearest, and what appears to have been typed later directly onto the "carbon copy" or even entered via a graphics program is Father and Mother's birthplace. Whatever else was going on, this COLB does not represent something that was done all at the same time that the child's name was put on it and done through the same number of intervening "sensitized" sheets of paper.

[stylin19a]

nice going freema, we blew up the site... :)

[Calpernia]

I’ve heard comments about this COLB of McCain’s similar to the ones you are making before.

I’m not representing it as forged or legit. I’ll let the graphics/documents experts do that.

Thanks though!

[Calpernia]

>>>See tagline...

There is a spoof song waiting to be written with Magical Mystery Tour music playing!

[Reily]

I hope you are right about “proving his ineligibility” is all it would take to knock the pins out from under his candidacy. I think that there are too many people who that will not matter one bit. In fact I predict that there will be arguments made that it gives him the “proper international perspective” to be president.
You are making a case that he is unstoppable!

[David]

Like someone else says here earlier, when I am reading a purported legal analysis and I find obvious boots on the law or the factual record, I tend to tune the rest of the document out.

However this document is in fact very good and I have bookmarked both parts on the theory that if I were ever fortunate enough to be required to write a Supreme Court brief on this issue, these documents provide a very good start.

Although I agree with the author's legal conclusion that Obama is not eligible to be President under Article II, Sec. 1, Par. 4, I view the important proposition to be support for the rule of law that gets there--that is, I think there is a wide body of thought among the Constitutional Lawyers that the "natural born" test means born in the geographical confines of the United States; and I agree with that view.

These two articles state the reason why that is the law very effectively.

There are a couple of interesting legal points.

As set out above, his proposition about operation of the November 14, 1986 provision in Sec. 1401(g) is simply wrong--the current version of Sec. 1401(g) applies only to persons born after that date--Obama wasn't and thus the prior law applies to him and he is not a citizen under Sec. 1401(g).

As to McCain, he was born in Panama and is a Panamanian citizen I assume. Benjamin can't have it both ways. Even if his version of the law were correct, McCain flunks also. I have never heard any real reason for doubt that if the issue reached the Court, it would hold McCain is ineligible to hold the office of President.

There is another issue on which Benjamin does shed some light. As many of you will recall, I had an extensive debate with a CPA several weeks ago about the operation of Sec. 1409 (the provision applicable to a person born to a US Citizen mother under circumstances where the mother and father were not married--the out of wedlock rules).

I think there is a fair record that Obama's parents were in fact married and thus am of the view that Sec. 1409(c) does not apply to him. However the debate with RayCPA focused on the proposition that the literal words of the statute seemed to apply. We were not able to get a complete statutory history at the time and were unable to get conclusively to a decision as to intended application and effective date of the statute. However my own position was influenced in part by a conversation I had earlier with a knowledgeable Constitutional lawyer who was of the view that Sec. 1409(c) would not save Obama even if his parents were not married--I could not reach him during the debate with RayCPA.

However Benjamin reaches the point that the general view of the Constitutional bar is that the Miller case (a 5-4 Supreme Court decision) upholding constitutionality of Sec. 1409, is wrongly decided and that in due course, Miller is likely to be overruled.

I still don't think it makes any difference. It isn't going to take much "wedlock" to be married for purposes of this statute and the newspaper clipping TexasDarlin produces is probably enough by itself. Further, I think the ultimate record will demonstrate that they were married in Kenya on February 2, 1961.

Finally, these two pieces are helpful background analysis of how the Supreme Court is likely to address the legal issue if it reaches the Court.

I have never considered the Indonesian citizenship issue for the reason that I do not believe Obama was born in Hawaii or anywhere else in the US--if he were, he would have told us and he has not. And if he was in fact born outside the US, he is not a citizen and not eligible to act as President.

The Indonesian citizenship argument is that if Obama had been born in Hawaii (and thus was hypothetically and clearly a Natural Born US Citizen); then renounced his US Citizenship to become an Indonesian citizen, does he lose his Natural Born status when he subsequently is re-naturalized? I do not have an opinion how the Court would decide that question on the facts presented.

Finally, I know that many of you are losing hope about the eventual outcome of this issue. Don't.

Development of a legal-political issue like this one is a process. The opponent is concealing as much of the evidence as he can reach. We don't have either the financial resources or the legal process to reach the facts with appropriate court action. So the process is slower than it would be in a court action.

The argument is heard here regularly that even if we could get this into court, the court's would not act and decide in a timely way. I do not agree with that proposition.

This issue clearly presents a situation that would develop into a Constitutional Crisis if either Obama or McCain proceed to the nomination and is then elected President. Ever single act as President would be subject to immediate effective legal challenge by parties who have a substantial economic interest in the outcome. I doubt that the establishment is likely to let it get to that point although it might.

But under those circumstances, as in the Bush v. Gore situation, the Supreme Court would act in a timely manner, even if the Court is in recess when the argument starts.

[RightField]

ping

[browardchad]

In “Dreams from my Father”, Obama says specifically that he lived with his step-father in Indonesia for five years

Does anyone have a page citation for that?

I can't find it in the book.

[Spunky]

1966 and 1971

What I find happened around those dates is some web sites say; "Around 1966 Soetoro and Dunham married.

Then in 1971 Barack Jr. was sent back to Hawaii and Barack Sr. came to visit in December 1971.

So I think the insinuation is Barack Jr. is the only one who knows what transpired from the time his mother married Soetoro and when he was sent back to Hawaii. All of the other people involved during that time are dead except Maya and she was to young to know what went on during that time.

[David]

So I think the insinuation is Barack Jr. is the only one who knows what transpired from the time his mother married Soetoro and when he was sent back to Hawaii. All of the other people involved during that time are dead except Maya and she was to young to know what went on during that time.

Is it not reasonable to assume there are likely to be records that will reflect what transpired and when?

As Benjamin points out, the issue of Obama's eligibility to serve as President involves resolution of a series of legal and factual issues. At the point there is sufficient inquiry in public concerning his status, an inquiry will reach all of these kinds of questions assuming that it does not conclude on the threshold that Obama was born in Kenya.

[freema]

LOL : )

[Calpernia]

That is interesting Spunky. That falls into the same questionable timeframe as that airport picture that didn’t fit in with the airport construction timeline. So their research pulled question marks too.

Thanks.

[Calpernia]

I didn’t double check it. I know I read it. I have this URL marked as Indo history

http://www.freerepublic.com/focus/f-news/2041173/posts
AUDIO OF INTERVIEW WITH MALIK OBAMA: B.H. OBAMA HOW ISRAEL NEED NOT WORRY

If it isn’t there, I’ll check my notes further when I log back in later.

[Spunky]

Snopes says in his book “Audacity of Hope” that Barack says he lived in Indonesia for 5 yrs with Soetoro.

Snopes Scroll down about 2 inches.

[B4Ranch]

>Democrats voting to insure they get their nominee into the White House, Mr. OBAMA, Mrs. CLINTON or John Sidney McCain, III.<

When I see stuff like this going on it only strengthens my belief that our presidency is a puppet office for the actual bosses hidden behind the walls. Party allegiance doesn't mean much when the the boss doesn't belong to either one and controls both of them.

[bvw]

Don’t trust Snopes for political and PC issues. As of June 18 this year they say Obama is a natural born. See

http://www.snopes.com/politics/obama/citizen.asp

[Calpernia]

Here you go:

In Indonesia, I’d spent 2 years at a Muslim school, 2 years at a Catholic school. In the Muslim school, the teacher wrote to tell mother I made faces during Koranic studies. In the Catholic school, when it came time to pray, I’d pretend to close my eyes, then peek around the room. Nothing happened. No angels descended. Just a parched old nun and 30 brown children, muttering words. Sometimes the nun would catch me, and her stern look would force my lids back shut. But that didn’t change how I felt inside.

Source: Dreams from My Father, by Barack Obama, p.142 Aug 1, 1996

[Calpernia]

The 5 years though was a correction from a cite from his other book:

The Audacity of Hope (p. 204) that he lived in Indonesia for five years:

During the five years that we would live with my stepfather in Indonesia, I was sent first to a neighborhood Catholic school and then to a predominantly Muslim school.