Posted on 10/11/2008 1:40:00 PM PDT by SatinDoll
*BREAKING* Obama Born in Kenya? (New Information) October 11, 2008 by texasdarlin
Coast Provincial General Hospital, Mombasa, Kenya Judah Benjamin’s analysis follows the Foreword.
Foreword: Those who have followed this blog know that our working assumption has been that Barack Obama was born in Hawaii. We have asserted that Obama’s legal name and citizenship changed when he was adopted by Lolo Soetoro, and that the birth certificate published on Obama’s campaign website does not reflect current records. You can read the previous articles referenced at the end of this post to catch up on our analysis.
We now wonder if our assumption about Obama’s birth place was wrong.
I have received information that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals. I am told that these documents are certified, with an embossed seal, and display the name of the hospital where Obama was born, as well as witness signatures.
Reportedly this BC reflects information filed Oct. 9 by Philip Berg. See item #18 on this docket, page 10, the relevant language of which, underlined in red, is captured here in a screen shot:
It reads:
…Obama was born at Coast Hospital in Mombasa, Kenya located in Coast Province…
We do not currently have any additional confirmation of this new information. If it is an accurate tip, the implications are disastrous for Senator Obama and his backers. For that analysis, we proceed to Judah Benjamin…
--------------------------------------------------------------------------------
Barack Hussein Obama II By Judah Benjamin, Guest Author
It has been asserted by a number of sources, including Andy Martin, that Barack Hussein Obama was born in Mombasa, Kenya and not in Hawaii. Philip Berg’s Latest Motion to the Court is more explicit since it gives an exact Place of Birth. I must assume that Berg did not simply pluck the Location out of thin air, Mombasa has more than one Hospital, though Coast Provincial General was the best in 1961.
British Birth Certificates have a Standard Format which has been more or less the same since 1837 and they can only be challenged in a British Court. Kenyan Law is explicit and can only be challenged in a Kenyan Court. Indonesian Law is explicit and can only be challenged in an Indonesian Court. Be clear, if Obama was born in Kenya this is not simply a matter for the US Courts, or US Law.
If he was born in Kenya, and his parents were Legally Married [which on the Preponderance of Evidence they were, his father's first "Marriage" being a Tribal, or Village, Marriage, which was not Legally Recognized] due to the age of his mother he would NOT have been a US Citizen. The Immigration and Nationality Act 1952, 8 U.S.C. 1401. Sec. 301 (g) [Effective November 14, 1986] does not apply, nor does Title III, Immigration and Nationality Act Section 309. [8 U.S.C. 1409].
Unless he has taken the Oath of Allegiance as a Naturalized Citizen since he was 18 years old, and if he was born in Mombasa, Kenya, Barack Hussein Obama II would not be a US Citizen, period. The issue of whether or not he was Natural Born under Article II of the Constitution of the United States would cease to matter and he would need to be Deported as an Illegal Alien.
Impeachment as a Senator would seem not to be necessary since he would never Legally have been one, but Diane Feinstein and the members of the Senate Ethics and Rules Committee would be liable to Impeachment. So would their opposite numbers in the Illinois Senate and the appropriate officials of the Illinois State Supreme Court and Bar, so far as I can see.
If Senator Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7.24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was. Philip J Berg, Esq, is correct, under the Nationality Act of 1940, as Revised June 1952 and in accord with United States of America vs Cervantes-Nava 281 F 3d 501 (2002) and Drozd vs INS, 155 F 3d 81, 85-88 (2d Circuit 1998) Senator Barack Hussein Obama II would not ever have been a Legal US Citizen at all, unless he was Naturalized.
If he was born in The Coast Provincial General Hospital at Mombasa in Kenya any Certificate, or Certification of Live Birth, issued for him by the State of Hawaii is a Fraudulent and Illegal Document. At Birth he would have been a UK and Colonies Citizen and in accord with the Kenyan Constitution he would have become a Kenyan Citizen in December 1963. He would not have been a US Citizen.
Alternatively, his UK and Colonies Birth Certificate issued in Mombasa in August 1961 could be a Fraudulent and Illegal Document. The two BCs would need to be compared. By this I mean the Original Vault Copy of the Hawaiian Birth Certificate and not the Amended, Post Adoption, Copy, Legally available to the Senator, assuming he was, as indicated by the Preponderance of Evidence, Adopted by Lolo Soetoro. This case might also need to go through the UK and Kenyan Courts and becomes a Matter of International Law and Controversy.
If Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, it is certain that he is not Eligible to hold the Offices of POTUS or VPOTUS and highly probable that he is not Legally entitled to hold the Office of Senator either and that he was not Eligible to be an Illinois State Senator.
In that event the Senate Ethics and Rules Committee, Chair Diane Feinstein, have a problem because they are responsible for the Certification of a Candidate’s Compliance with Constitutional Requirements, a job they would have conspicuously failed to do. Should he be Elected the poisoned Chalice would pass to Nancy Pelosi because as Speaker of the House she, and the House, have the Responsibility to ensure that the President Elect can Effectively be Sworn In and Legally Assume the Office and Duties of the President.
Be very clear here, if Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, Diane Feinstein’s Committee have already failed in their Duty, as has every Secretary of State in the Union.
Let me repeat myself, if Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was, he is not even a Citizen by Birth. I had assumed ab initio that Obama was born in Hawaii and that his Hawaiian Paperwork was basically “on the up and up”, I could not conceive that a lie of this magnitude was possible, I thought that the INS would have caught on long since. If he is a US Citizen under these circumstances his Oath of Allegiance must be on Record somewhere. If it isn’t he is not a US Citizen.
Hawaii may Legally be able to Issue a Birth Certificate under these circumstances, according to their own Code, but it would breach of International and Federal Law if they have. It would breach Hawaiian Law if the Place of Birth is spurious.
“[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”
So by that section he could get a certificate claiming Hawaiian birth even if he was physically born outside the US but the Place of Birth would need to be correctly recorded.
Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.
Under Common Law no Person can Testify as to their own Place of Birth, this is established Law upheld by stare decisis. Therefore it would be possible, even given the he was born in Kenya, for Obama to claim that he believed a Hawaiian Birth Certificate made him a US Citizen under the XIVth Amendment and that therefore he was acting in Good Faith running for an Office which he was Constitutionally Incapable of Holding. Unfortunately for him, his actions in regard to the Admission of his UK & Colonies and Kenyan Citizenships and his Indonesian Citizenship by Adoption, his frequent apparent Breaches of the Logan Act, his probable breaches of the Hobbs Act, the Hatch Act, USC Title 18 Part One Chapter 63 § 1346 and the RICO Statute make this Defense wholly Untenable, especially when one considers the fact that he holds a JD from Harvard Law. One may throw in the Misprision Statute for good measure. It is difficult to find any action or statement of Obama’s since 1992 that could be used to suggest Good Faith could be used as a Defense in this Case. I am not saying that Obama is Guilty of any of these Felonies or High Misdemeanors, only that his actions and pronouncements are such as to lead to a reasonable suspicion that he may be.
Under INA §349 “2. taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.” This is an “Expatriating Clause”, if you hold Dual Citizenship and do this you void your US Citizenship. Well Obama campaigned actively for Odinga in Kenya and apparently also took some kind of Luo Tribal Loyalty Oath. He may also have joined Odinga’s party. Of course his Dual Nationality lapsed in 1982 but INA §349 could, perhaps, still apply here, if he was born in Mombasa. It might even be concluded that Obama was providing grounds to restore his Kenyan Citizenship by Prime Ministerial Decree, which is Legal under the Kenyan Constitution. That would certainly look Expatriating to me, but I do not know how a Court would react.
There is indirect reason to believe that this may be true. “2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause?
“Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”
This Clause has no particular relevance to McCain and the following Clause, which it is reported McCaskill and Obama attempted to REMOVE shows that:
“; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”
It seems clear that McCaskill and Obama were attempting to create a blanket Resolution covering ALL Foreign Born candidates. Why do that if not to benefit a Foreign Born Democratic Candidate, who did not have a US Military background?
McCain did not need this resolution, Richardson did not need this Resolution, so far as I can see nobody needed this Resolution unless somebody in the race was born outside the USA and was “Covering his/her Ass” and the only individual in the race that that could apply to was Senator Obama! This in turn would show that the Senator is a liar who has been peddling untruths about his birth for at least 16 years!
Likewise it would explain why Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.
I do not insist that any of this is true and to me it makes little difference if it is, I hold him Ineligible anyway and have seen no solid Legal Rebuttal of my view from any source, but if he was born in Kenya he has, and can have, no defense of any description and any Document he has from Hawaii is Fraudulent on several levels. To hold the Office of POTUS one must be a Natural Born United States Citizen, if he was born in Mombasa Obama probably isn’t even a United States Citizen much less Natural Born. He would be guilty of Fraud and a list of other offenses and any and all persons who had aided him would be guilty of Misprision, in all probability.
A technical point, maybe, but the electors don't all meet together. Each state's (plus DC's) electors meet separately in their respective state capitals and send their votes from there to Congress, where they are counted officially in January. Of course, that whole procedure has generally taken place without much fanfare because of the "rubber stamp" elector tradition. You are correct to say that they may vote for any qualified person, legally, but they are pledged to their party's ticket.
Thanks! I have been looking yet still haven’t found any usmcobra pulled posts with the article.
Senator Joe Lieberman? Why would he be in any position to ask?
What I have found so far: no posted usaafrica article yet but mention was made here:
To: ctdonath2
According to USafrica he was born in Kenya.
106 posted on Tuesday, June 10, 2008 8:33:30 AM by usmcobra (I sing Karaoke the way it was meant to be sung, drunk, badly and in Japanese)
http://www.freerepublic.com/focus/news/2028819/posts?page=106#106
First posted instance of usmcobra’s graphic:
http://www.freerepublic.com/focus/news/2028597/posts?page=158#158
Second posted instance of usmcobra’s graphic:
http://www.freerepublic.com/focus/news/2028819/posts?page=79#79
If I remember correctly he posted the picture with a link to the article. People started clicking the link and then posted:”Linky no worky” which is when he discovered it had been removed. Later the link worked but the article had been scrubbed so no reference was left alluding to Obama being born in Kenya although the picture remained. We have been discovering quite a few links which have been removed so one more is not surprising, although it is one of the most damaging!
“IF Obama is not eligible, then John is not, what with Johns’ being born in the Canal Zone and all”
John McCain was born to 2 US citizen parents, which makes a big difference.
Under the law in effect in 1961, Barack Obama was not a US citizen at birth because his US citizen mother had not lived in the US for 5 years after the age of 14 ( she was 18 years old ). It’s all cited in the article. Do you disagree with the statutory citation for some reason?
Gallagher had first mentioned it in an article and asked the Oabama campaign for a copy of his birth certificate. The COLB was first posted on Kos followed by the smears website AFTER Hillary suspended her campaign on June8th. The date of first posting of the COLB was June 12th.
News Channel Message Boards > National News > The Immigration Debate > OBAMA....9/11 HAPPENED
If you find the post with the referenced article, please let us know. Thanks!
here is a link to several relevant laws.
http://www.richw.org/dualcit/law.html
The law seys 5 years residenace, 2 after age 14.
“The law seys 5 years residenace, 2 after age 14.”
That law is for people born after 1986, and did not apply to Obama when he was born in 1961. The law passed in 1986 was not retroactive for people born before that date. It seems very likely to me that Barack Obama, if he was born in Kenya, is not and has never been a U.S citizen.
That maybe the case... but,, if Obama is considered ineligible.... the Democrat Ticket for this election cycle will be so damaged that even Hillary would not either take it or win...... also ? the MSM credibility will be so far damaged.. the American public would tar and feather the MSM... the American public would turn on the MSM in a huge backlash.
“Someone posted earlier that the judge was a Clinton appointee.”
Yes, Judge Surrick was appointed by Billy Jeff. See below:
For Immediate Release April 11, 2000
PRESIDENT CLINTON NOMINATES BERLE M. SCHILLER AND R. BARCLAY SURRICK TO THE FEDERAL BENCH
The President today nominated Berle M. Schiller and R. Barclay Surrick to the U.S. District Court for the Eastern District of Pennsylvania.
Let’s hope and pray that your right, and that there are NO riots.
I don't have a problem with a huge backlash. I absolutely despise the MSM, already, with the exception of Britt Hume and Rush Limbaugh.
Maybe then, the MSM would clean up their act and report the facts.
Hillary has no shame; we're talking about a woman who stole truckloads of valuable stuff from the White House. I *think* she would take the Dem Ticket in a heartbeat.
Link ping. HOT THIS WEEKEND !
[Some of these were from yesterday — so hot I was tempted to make two special pings]
OBAMA BORN IN KENYA (NEW INFORMATION)
This thread: www.freerepublic.com/focus/f-news/2103299/posts
“I have received information that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals. I am told that these documents are certified, with an embossed seal, and display the name of the hospital where Obama was born, as well as witness signatures.”
HYMAN: Obama’s Kenya ghosts [Odinga Thugs]
— Washington Times
http://www.freerepublic.com/focus/f-news/2103655/posts
“About 50 parishioners were locked into the Assemblies of God church before it was set ablaze. They were mostly women and children. Those who tried to flee were hacked to death by machete-wielding members of a mob numbering 2,000.” [snip]
Jailed Obama Fundraiser Spills the Beans [REZKO]
FoxNews:
http://www.freerepublic.com/focus/news/2103284/posts?page=1
Ineligibility for the Presidency (Obama’s Birth Certificate / Vanity)
http://www.freerepublic.com/focus/news/2103327/posts?page=7
[Constitutional considerations — well thought out]
KENYAN MISSIONARIES REPORT ON OBAMA
http://www.freerepublic.com/focus/bloggers/2103161/posts?page=1
“Obama, under ‘friends of Obama’ gave almost a million dollars to the opposition campaign who just happened to be his cousin, Raila Odinga, who is a socialist trained in east Germany ... “ [snip]
Clinton supporters sharing evidence for RICO case against Obama campaign
http://www.freerepublic.com/focus/f-news/2103325/posts
“If you haven’t been a regular here at HillBuzz, you might not know about Gigi Gaston’s documentary “We Will Not Be Silenced” on the caucus fraud deliberately orchestrated by the Obama campaign during the primaries. Voter intimidation, registration fraud, vandalism, threats of violence, you name it, Obama’s supporters did it.” [snip]
Bigger Than Ayers?
http://www.freerepublic.com/focus/f-news/2103317/posts
“Alexi Giannoulias, the Illinois state treasurer that Obama endorsed when he ran for office despite no previous political experience, who has been personally mixed up with
organized crime via business dealings with his family’s bank. Well, guess what — this little nugget turned up in a column in the Chicago Sun-Times: Sneed hears rumbles
political fund-raiser/fixer Tony Rezko, who is now singing sweetly to the feds from his cell at the Metropolitan Correctional Center, has been talking about his “dealings” with a Chicago bank, which has political connections.”
McCain calls on Obama to repudiate “shocking” Lewis comments
http://www.freerepublic.com/focus/f-news/2103290/posts
[comparing the outbursts at recent Republican rallies to the rhetoric of segregationist George Wallace “a brazen and baseless attack” that is “shocking and beyond the pale.”]
Bamagirl’s husband was declared dead by voter registration [California]
http://www.freerepublic.com/focus/f-news/2103326/posts
[... Only dead democrats’ votes are safe ...]
Ballots cast in Houston using dead voters’ names
http://www.freerepublic.com/focus/f-news/2103650/posts
HUD Mum on Illegal Mortgages
http://www.freerepublic.com/focus/f-news/2103625/posts
Saturday Ping 3 [with links to the other two pings]
http://www.freerepublic.com/focus/news/2101052/posts?page=26#26
[Want off list? Feel free to cuss me out. Want on this ping list? Just ‘ax’.]
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.