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…
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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.
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
“Check out this comment:
http://www.freerepublic.com/focus/bloggers/2103299/posts?page=255#255";
That is right. You will find a hint from Billy Jeff that supports this theory at 2:38 of the embedded video on the left side of the page.
http://abcnews.go.com/Politics/story?id=5506458
Not me. I’m not a lawyer. They’re the ones who split hairs.
As to whether you would be considered a US citizen if born in France to US citizens, the answer is yes. But your parents have to register your birth at the US Embassy as France would never recognize you as a citizen. Your parents weren’t French citizens. But would you be considered “natual born” as a citizen. Maybe not. It just so happens I’ve read the analyses of others on this issue.
That said, the important analysis I read concerned the original intent of Article II of the US Constitution as per its requirements for eligibility of a candidate for the Presidency. There are three requirements, the third being “a natural born citizen”. A major part of that analysis had to do with allegeince.
Basically, a person born to US citizens who while performing US government sanctioned duties in a foreign nation is considered a natural born citizen. Later, John McCain served as a Navy Officer and took an oath of allegeince to the US. His allegeince to the US is evident. There will no doubt be a challenge to his eligibility as the above is interpretation by Congress and NOT specifically in the US Constitution. (One constitutional scholar I spoke with stated emphatically that being born on US soil was the only thing that mattered. In that case, if McCain is elected and later found ineligible, Sarah Palin becomes President).
If you are born overseas and your parents aren’t working on assignment for the US government, as I understand it you would not be considered a “natural born” citizen but would have no difficulty securing US citizenship as your parents were both citizens. Even having dual citizenship would not hamper seeking US citizenship UNLESS the other nation does not recognize dual/multiple citizenship. In that case a requirement to repudiate the other nation’s citizenship and take an oath of allegience to the US would get your US citizenship granted (remember - both your parents are US citizens).
None of the above applies to Obama. He was most likely born in Kenya (the newspapers in Kenya openly state that as fact) and later he had Indonesian citizenship and may have traveled to Pakistan in 1981 (age 20) on an Indonesian passport.
Indonesia did not at that time (late 60s to early 70s) recognize dual citizenship. Since he was probably adopted by his stepfather, Lolo Soetoro, an Indonesian citizen, Obama would have had Indonesian citizenship.
No one can hold against him what his custodial parents did vis a vis his citizenship. But did he repudiate all other citizenships and take an oath of allegience to Indonesia in 1981 to get a passport stating he was Indonesian and Muslim? It surely would have made his progress through Pakistan and Saudi Arabia much easier.
Also Kenya was a colonial entity within the British Commonwealth in 1961 when Senator Obama was born. There is a very good chance that Senator Obama’s citizenship record is littered with British, Kenyan, and Indonesian claims on his allegience.
So the question shouldn’t be so much whether he is or is not a US “natural born citizen” but whether Senator Obama is too much a citizen of the world to care about our nation’s sovereignty.
Breaking Story: Prosecutor Fitzgerald Could Send Obama To Jail
http://www.freerepublic.com/focus/news/2103989/posts?page=1
[Chicago Sun Times]
Fact Check: Did Obama try to seek a delay in U.S.-Iraq talks?
CNN blog
http://www.freerepublic.com/focus/f-chat/2104028/posts
American Thinker —
This could be the game changer (updated) [10 minute youtube about BO’s birth cert.]
http://www.freerepublic.com/focus/news/2103980/posts?page=1
Dirty Bomb! Iranian Dirty Bomb Attack Against Israel Thwarted by Somali Pirates?
http://www.freerepublic.com/focus/bloggers/2103708/posts?page=1
Washington Times wades in on Odinga
http://www.freerepublic.com/focus/news/2103709/posts?page=1
Palin gets personal over abortion (It’s not personal to point out Obama supports killing babies)
http://www.freerepublic.com/focus/f-news/2103684/posts
BTTT
Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
The law pertaining to children born to two US citizens abroad is different than the law pertaining to children born to one US citizen and one alien abroad.The whole Naturan Born thing had to do with keeping the British from setting up stooge to be president, and bring us back under the monarchy.
I'm pretty knowledgeable on American history, and I've never before heard that one. My impression is that the Framers wanted to ensure as best as possible that the President, because he held the highest position in the land, did not have any divided loyalties whatsoever. Some have said that the "Natural Born" provision was put in, at least in part, to keep Alexander Hamilton out of the presidency.
The law pertaining to children born to two US citizens abroad is different than the law pertaining to children born to one US citizen and one alien abroad.
The whole Naturan Born thing had to do with keeping the British from setting up stooge to be president, and bring us back under the monarchy.
I'm pretty knowledgeable on American history, and I've never before heard that one. My impression is that the Framers wanted to ensure as best as possible that the President, because he held the highest position in the land, did not have any divided loyalties whatsoever. Some have said that the "Natural Born" provision was put in, at least in part, to keep Alexander Hamilton out of the presidency.
You are spending an awful amount of time and energy splitting some pretty thin hairs.
I wouldn't use the term "pretty thin hairs" when we are talking about seeing to that the plain language of the Constitution is followed and that we will not be ruled by a possible alien in the White House who will have gotten there by fraud.
“Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time).”
Does not apply to Obama as the law when he was born stated something different. It stated that his US citizen parent had to have resided in the US for a minimum of five years AFTER the age of 14-years. She gave birth at age 18-years. He doesn’t qualify UNLESS he was born in Hawaii. Being born in Kenya puts a whole new twist on this subject.
We haven’t discussed his mom’s attitude in this. According to Obama’s own autobiography, Stanley Ann Dunham Obama Soetoro didn’t consider Americans “her people” and she didn’t like the United States. She lived most of her life in Indonesia and is believed a citizen of that nation per her marriage to Lolo Soetoro. Though she filed for divorce from him in Hawaii, he passed away before it was finalized. So she was one of his widows (he had two wives.)
And keep this in mind - Title 8 of the US Code Sect. 1401 - none of this is part of the US Constitution. There are Constitutional scholars who insist that “natual born citizen” means what it has always been interpreted to mean; born here in the U.S.A.
“The 14th Amendment defines citizenship...”
Nice try. The 14th Amendment does define citizenship but not who is a “natural born citizen”. Gov. Arnold Schwarznegger is a US citizen BUT he is not “natural born” and thus ineligible to be President. Article II of the US Constitution sets those reguirements, not the 14th Amendment (Professor Laurence Tribe, Harvard, and Senator Barack Obama wish otherwise).
Some people have theorized that Senator Obama intends to challenge the Article II intent of the U.S.Constitution and replace it with the 14th Amendment.
Came as a surprise to me.
Some people have theorized that Senator Obama intends to challenge the Article II intent of the U.S.Constitution and replace it with the 14th Amendment.........
If the Kenyan birth is true, I would hope that the Americans will be so mad at his fraud and the DNC as the accomplice that it won’t matter because he will not be elected anyway.
Related thread.
American Thinker —
This could be the game changer (updated) [10 minute youtube about BO’s birth cert.]
http://www.freerepublic.com/focus/news/2103980/posts?page=1
The lawyer in the youtube video mentions witnesses to Obama’s birth being in Kenya — including Obama’s Kenyan grandmother.
A devasting video in other ways too. Obama has some serious problems regarding his qualification to run if he doesn’t come out with documents quickly.
At this point, considering all the information coming out, I think this scandal will dog him throughout October no matter what he does. Please note my post above.
Thank you Arthur!
Don’t miss this great article out of the UK about Obama...
Everyone is out to destroy Palin - but it’s Obama’s past we should examine
Sun Oct 12
Daily Mail ^ | Oct. 12, 2008 | Melanie Phillips
http://www.freerepublic.com/focus/f-news/2104020/posts
Actually, Berg is going at Obama on both fronts — his adoption in Indonesia AND the witnesses of his birth in Kenya:
http://www.freerepublic.com/focus/news/2103980/posts?page=1
If Obama is not naturalized, he could be deported back to Indonesia. If he was naturalized after adoption, then he doesn’t qaualify to be POTUS and will be sued for false advertising/etc. Regardless, the fact that this trial has gone so far is making democrats question their leadership.
Howard Dean has a lot to answer for, and it makes one wonder what the Dailey political machine in Chicago has on Dr.Dean. If they have nothing, this makes it even worse!
Thank you AuntB. Ope went to bed already. [Stretching at the porch.] Hey, maybe Mayberry will be saved again?
Regardless, the fact that this trial has gone so far is making democrats question their leadership...........
Yes and I understand that the judge is a Clinton appointee from a previous post. Also Berg was Atty Gen of PA I believe and probably maneuvered to get the case before a sympathetic judge.
I was there. The Chicago guys took Howard Dean to a smoke filled room and told him they had a video. Dean said one thing:
Aaaaaahhhhhaaaa!
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