Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)
vanity | March 11, 2012 | Seizethecarp

Posted on 03/11/2012 9:23:03 AM PDT by Seizethecarp

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 inHawaii. Since he held citizenship from birth, all Constitutional qualifications have beenmet. 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


TOPICS: Conspiracy; Government; Politics
KEYWORDS: arpaio; certifigate; corruptbastard; iwon; maybealittleblow; mymuslimfaith; naturalborncitizen; obama
Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140141-145 next last
To: Churchillspirit
His name was originally Steve Dunham.

His mother never was actually legally married to Barrack Obama of dual British/Kenyan citizenship, since he already had a Kenyan wife.

121 posted on 03/12/2012 5:28:45 PM PDT by E. Pluribus Unum (Government is the religion of the sociopaths.)
[ Post Reply | Private Reply | To 120 | View Replies]

To: Texas Fossil

Has the Arizona sheriff’s team searched Canadian records of birth?
Do they have the authority to do that?


122 posted on 03/12/2012 7:07:49 PM PDT by Jude in WV
[ Post Reply | Private Reply | To 24 | View Replies]

To: Jude in WV
Do they have the authority to do that?

Don't think so. But suspect Canada is the most likely birth place for zero. If she had Barry in Canada, probably in an unwed mother home. That will be difficult to crack.

123 posted on 03/12/2012 8:57:53 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 122 | View Replies]

To: Seizethecarp
Second, if Barry's mom is single and gave birth outside the US, then SADO meets the residency requirement to pass US citizenship at birth to Barry.

Nope, not according to the Immigration Act of 1952 which was applicable at his birth. She was too young to meet the requirements. She had him just prior to or just after her 18th birthday. Knocked up at 17.

124 posted on 03/12/2012 9:03:37 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 109 | View Replies]

To: Seizethecarp

Yes! Yes! You are 100% correct.


125 posted on 03/12/2012 9:22:13 PM PDT by SatinDoll (No Foreign Nationals as our President!)
[ Post Reply | Private Reply | To 108 | View Replies]

To: Texas Fossil
From my comment #1:

“Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

“A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.”

There is only a one-year residency requirement at any time prior to birth for unmarried US citizen moms to pass citizenship and NO age requirements if mom is single.

SADO was only too young to pass citizenship to Barry in Kenya if she was legally married to BHO Sr. under US law and subject to five years residency after age 14. US law does not reconize bigamy or plural marriage...AND the INS docs show BHO Sr. was deported for suspected bigamy in 1964. Those FOIA INS docs are in the court record for the court to consider in deciding whether SADO was legally single and able to pass citizenship. This documentation of an out-of-wedlock birth if in Kenya would spare Barry from being an illegal alien, which would be the case if his parents were married and SADO too young to pass citizenship and Barry were never naturalized.

126 posted on 03/12/2012 9:43:56 PM PDT by Seizethecarp
[ Post Reply | Private Reply | To 124 | View Replies]

To: Seizethecarp

Immigration Act of 1952

PUBLIC LAW 414-JUNE 27, 1952

TITLE 11-NATIONALITY AND NATURALIZATION

CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION

NATIONALS AND CITIZENS OF THE UNITED STATES AT BEIRTH

SEC. 301. (a) The following shall be nationals and citizens of the United States at birth:

7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.

Note this is citizenship at birth. (not natural born citizenship)

If BHO, Sr. was the father and BHO, Jr. were born outside the U.S. he would not be a citizen at all, because Stanley Ann had not lived long enough in the U.S. over the age of 14 to convey citizenship to her child.

She was barely 18 at his birth, if she was 18.


127 posted on 03/12/2012 10:35:23 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 126 | View Replies]

To: Seizethecarp

http://immigrationattorneyla.com/los-angeles-immigration-lawyer-free-consultatio/us-citizenship-naturalization-us-passport-n400/derivation-acquisition-citizenship-naturalization/

Derivation of Citizenship

Acquiring US CITIZENSHIP FOR CHILDREN BORN abroad IN WEDLOCK

On/after 12/24/52 and prior to 11/14/86

One US Citizen parent and one alien parent

US Citizen physically present in U.S. 10 years, at least 5 after age 14

Again, SAD does not qualify under the law applicable when BHO was born.

Assuming BHO, Sr. was the father.


128 posted on 03/12/2012 10:45:01 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 126 | View Replies]

To: kabar

Laurence Tribe was creating a diversion for Obama. He was one of Obama’s campaign advisers and he was a former professor who said Obama was the best student he had out of THOUSANDS of students at Harvard.


129 posted on 03/12/2012 11:40:59 PM PDT by edge919
[ Post Reply | Private Reply | To 115 | View Replies]

To: Texas Fossil

“Acquiring US CITIZENSHIP FOR CHILDREN BORN abroad IN WEDLOCK”

The best evidence now proved up in GA and heading for SCOTUS is that Barry was born OUT OF WEDLOCK due to bigamy.

A bigamous marriage is a NULLITY (never existed).

You are looking at the wrong part of the statute.


130 posted on 03/13/2012 7:11:28 AM PDT by Seizethecarp
[ Post Reply | Private Reply | To 128 | View Replies]

To: edge919
I was aware of that. Ted Olson was supposed to be the Rep representative on the joint review requested by the Senate. They both signed off on the analysis.

Here is the complete copy of their analysis signed by both

131 posted on 03/13/2012 8:28:17 AM PDT by kabar
[ Post Reply | Private Reply | To 129 | View Replies]

To: kabar
It doesn't really matter if they "both signed off" on it. Tribe's connection to Obama is biased. Unlike Tribe, Olson had no similar connection to McCain:
Republican presidential hopeful John McCain said Thursday the question of whether he can run for president, despite being born in the Panama Canal Zone, was put to rest 44 years ago in Barry Goldwater's campaign. McCain added that he doesn't know why his campaign sought legal analysis from former Solicitor General Ted Olson of whether his birth outside the continental United States might disqualify him from the presidency.

link

132 posted on 03/13/2012 10:46:55 AM PDT by edge919
[ Post Reply | Private Reply | To 131 | View Replies]

To: edge919
They were selected by the Senate to provide their opinion on the eligibility of McCain to be President, i.e., he was a natural born citizen. They opined that he was based on jus sanguinis. The Senate then issued a resolution affirming that McCain was eligible.

In their opinion, they also indicated that Obama was a natural born citizen based on jus solis.

Their opinion may not matter to you, but it did to the Senate, which affirmed it. More importantly, their opinion offered some insight as to how SCOTUS might rule on the definition of "natural born citizen." It is significant given the fact that both Tribe and Olson are recognized Constitutional scholars and have been considered as possible SCOTUS justices.

IMO the Democrats pushed for the McCain analysis so that it could act as cover for Obama who was mentioned in the Tribe/Olson report. There should have been a separate request to have Obama's eligibility scrutinized.

133 posted on 03/13/2012 12:56:53 PM PDT by kabar
[ Post Reply | Private Reply | To 132 | View Replies]

To: kabar
They were selected by the Senate to provide their opinion on the eligibility of McCain to be President, i.e., he was a natural born citizen.

Did you not read what I just posted?? McCain said his eligibility wasn't a problem. He didn't know why his own campaign was even consulting with Olson. Now, put on your thinking cap. Who led the charge in the Senate for the resolution??

134 posted on 03/13/2012 1:11:14 PM PDT by edge919
[ Post Reply | Private Reply | To 133 | View Replies]

To: Seizethecarp

Best evidence? Who has Barry the Bastard told us is his father?

He certainly did not admit he was fatherless.

You tell me which it is.


135 posted on 03/13/2012 3:04:11 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 130 | View Replies]

To: edge919

Did you read what I just posted? It is obvious the Dems were using this for cover for Obama. The gratuitous mention of him in the Tribe/Olson opinion should be your first clue.


136 posted on 03/13/2012 3:32:58 PM PDT by kabar
[ Post Reply | Private Reply | To 134 | View Replies]

To: Texas Fossil
“He certainly did not admit he was fatherless.”

The 1948 BNA requires a legitimate marriage to pass citizenship. The INS booted BHO Sr. from the US because they believed that due to bigamy, he had fathered a out-of-wedlock child. The identity of the father being known doesn't pass citizenship, only a marriage recognized by the UK and Kenya. The Kenya marriage act regards tribal marriages as legal and subsequent marriages bigamous.

The US statutes, ironically, would NOT permit SADO to pass he US citizenship to Barry if she were legally married to BHO Sr. and gave birth outside the US due to failing the five-year after age 14 residency requirement.

If SADO were single she WOULD pass her US citizenship to Barry if he were born in Kenya because regardless of whether the identity of the sperm donor is known or not, she only needs one year of residence with no age limit prior to the birth.

137 posted on 03/13/2012 6:06:30 PM PDT by Seizethecarp
[ Post Reply | Private Reply | To 135 | View Replies]

To: Seizethecarp

He is a Fraud. FACT.

I have never believed he was born in Kenya. A much more likely place would be Canada.

I also do not believe that BHO, Sr. is his biological father.

He is Barry the Bastard. (all senses of the word)


138 posted on 03/13/2012 6:24:49 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
[ Post Reply | Private Reply | To 137 | View Replies]

To: glennaro

I’ve suspicions their reluctance is due to threats that their FCC licenses will be yanked if they tread into the ineligibility swamp.

Those radio/TV broadcast talkers are intelligent enough that it is impossible to accept their uniform condemnation of we birthers as the result of lucid thinking. That uniformity is itself a red flag. Old and trite - but true: they protest too much. No one - not a single one of them, [except Rush, ever so hesitantly, squeamishly] has ever shown even the slightest curiosity, or vague wondering.

Their reaction has been uniform: hostile, militant ridicule and vilification. They - uniformly - react as if they’ve gotten an electric shock. They uniformly OVERreact - and that tells me they’re literally afraid to speak of it, or to be suspected of even thinking of speaking of it. And that uniformity of reaction - OVER reaction - is absolutely not normal. They ARE afraid.

If Barry’s FCC threatened to yank their broadcast licenses - they’d be done, kaput, out of business. Pretty intimidating prospect - and a heavy kudgel over their heads. Would Barry, holder, FCC do it? In a heartbeat!


139 posted on 03/13/2012 7:51:45 PM PDT by GGMac ((lesson learned re Obie: parse every sentence, every word, every gesture, every photo))
[ Post Reply | Private Reply | To 31 | View Replies]

To: GGMac

Well considered. Thank you for the perspective.


140 posted on 03/14/2012 4:21:12 AM PDT by glennaro
[ Post Reply | Private Reply | To 139 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140141-145 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson