“He was born in Kenya and became an Indonesian citizen via adoption by Lolo Soetoro when barely past being a toddler. His adoption BC said “Born in Hawaii, father Lolo Soetoro, (Indonesian citizen).”
I'm not sure what you mean “Red Herring.” IMO, if Barry was born in Kenya, a supposition that you appear to support, then it is the Indonesian adoption that fades to irrelevance.
NBC is a constitutional birth status while subsequent adoption is not. Kenyan birth trumps Indonesian adoption, IMO.
Proving that Barry is ineligible due to an Indonesian adoption is extremely problematic. Any adoption records in Indonseia (most likely) or Hawaii (less likely, IMO) appear to have been scrubbed and not likely to be recovered until after Barry is either re-elected (urp!) or leaves office in Jan 2013. If Barry's college transcript shows he registered as a foreign national based on adoption that would be a game-changer, but that is only speculative for now while failure to prove an Hawaiian birth and failure to disprove a Kenyan birth is actively on the table. I am in the camp that doesn't consider a foreign adoption to automatically and permanently negate NBC status at birth.
Look at the Elg case. Little Elg was born on US soil to two naturalized US citizens. Then they expatriated her back to Sweden, IIRC at age four. Elg never disavowed her US citizenship, but was denied entry when she attempted to return to the US as an adult. She sued and won with SCOTUS declaring that parents cannot expunge the NBC status of a genuine US NBC.
http://supreme.justia.com/cases/federal/us/307/325/case.html
"We conclude that respondent has not lost her citizenship in the United States and is entitled to all the rights and privileges of that citizenship." Elg did NOT have to be naturalized to regain her NBC status. She never lost it and I doubt Obama would have lost his either unless he renounced his US citizenship in Indonesia or Kenya to get a foreign passport and foreign student benefits, perhaps from some Muslim backers.
Of course, there has been no court test of a presidential candidate's eligibility for a candidate who's public record is that of being born NBC and then expatriated while a minor and the returning to reclaim a US citizenship.
For me any Indonesian adoption is not an NBC issue but an issue possible fraud by Obama to obtain foreign student benefits.
Elg wasn’t running for President, and didn’t committ widespread fraud to facilitate election to that office.
BHO2 has a lot to hide and has done so openly, obviously, even to the extent of sending much money to Kenya in order to have people killed (2006-2007) and all available Indonesian official documents and photos of himself and his family made to disappear.
There would be no need for he or the Democratic Party to have done any of that if there wasn’t anything to hide.
There is an old saying, “There is more than one way to skin a cat”, an expression referring actually to catfish but applicable to this situation. I expect the dam holding back information on BHO2 to continue cracking and eventually collapse before this forthcoming national election.