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In his earlier campaigns for Congress and state Legislative body, as well as early in his campaign for the US Senate, Barry in the White House published his bio and other campaign documents, spoke at fund raising events, and met voters and campaign workers at coffee hour events, in all of which he stated and authorized publication of documents asserting his birth in Kenya.

From the lawyer's perspective, we have rules of evidence. One of those rules is that statements by a party against the interest he represents in a controversy are evidence--in some jurisdictions as exceptions to the hearsay rules; in others such statements are evidence outright.

Lucy's point about hoosiermama's post #65 is well taken--it too is evidence he was born in Kenya.

There is no other "evidence" of his place of birth other than Kenya. As everyone recognizes, the "birth certificates" are fraudulent forgeries.

However in a legal contest, a court would come down on the answer that he was born in Kenya, absent persuasive evidence of greater weight to the contrary.

Several consequences flow from that state of affairs.

If he was born anywhere outside the United States, his mother needed to be a US Citizen and meet certain other criteria under our Citizenship Law or he was not a citizen at the time of his birth--which obviously would preclude him from meeting the Natural Born Citizen eligibility requirement of Article II, Sec. 1 of the US Constitution, whatever else that requirement might mean.

So if Stanley Ann Dunham was his mother, his father Barack H. Obama Sr., a non citizen, Barry in the White House would have been a citizen when he was born only if Stanley Ann, his mother, had been a resident of the United States for five years after her 14th birthday.

Since Stanley was only 18 when he was born, on those facts, Barry in the White House would not have been a US Citizen when born and could not have met the Article II, Sec. 1 test for eligibility to hold the office of President.

We have abundant Supreme Court law to the affect that eligibility to an office is different from procedural error in getting there--a person who is not eligible to an office does not hold the office even if he is procedurally installed as the office holder.

The taint of Barry's condition will extend long after he is out of office and is grounds to invalidate any of his acts which required a President to perform--appoint Supreme Court justices for example.

Another example is bills passed by Congress which adjourns shortly after passage--absent signature by a "President", those bills are pocket veto'ed by adjournment.

Note also that this problem will continue to follow Barry even if he was born, not in Kenya, but in some other country outside the United States if his mother was either Stanley Ann, or, for example, a British Citizen born in Egypt with her primary residence in London, even if his father was in fact a US Citizen.

And also, wouldn’t he have been unable to serve if he hadn’t registered for Selective Service?

I’ve always enjoyed reading your posts.

http://www.freerepublic.com/focus/news/2037867/posts?page=86#86

To: goldstategop
“If Obama wasn’t born in Hawaii, then where was he born?”

Kenya.

There purports to be a Guardian interview over two years ago with the “grandmother” and two half-siblings in which they claim to have been present at his birth in Kenya.

Today’s news at gaywired.com quoting an update to a Wayne Madsen report is that an investigative team researching Obama’s history in Africa has found “a certificate registering the birth of Barack Obama, Jr. to his father, a Kenyan citizen, and mother, an American citizen” in Mombasa.

There is an extensive thread earlier this week documenting the deficiencies in the Hawaii Birth Certificate argument. The Certificate actually posted by the Obama campaign is clearly fraudulent on its face.

No witnesses have appeared in connection with a widely publicized claimed birth in 1961. There is no hospital record of the claimed birth. News media of the era published birth records as vital statistics—Obama’s birth does not appear. One of the hospitals claimed as a birth location was built after the claimed birth date.

The legal on this question works like this. The US Constitution says specifically that to be eligible to be elected President of the US, a person must be a “natural born” US citizen.

There has been significant discussion about citizenship statutes which provide that a person born outside the US to two US citizens becomes a citizen at birth without a naturalization proceeding; another provision is that a person born outside the US with a single US citizen parent (and a non-citizen parent) becomes a citizen at birth without a naturalization proceeding but only if the US parent had resided in the US for ten years prior to the birth, at least five of which ten years were after such US parent had reached the age of 21.

Obama’s only claim under the naturalization statute would fail because his mother, only 18 when he was born, could not, by definition, have met the five years after 21 requirement. Absent a naturalization proceeding, if he were born outside the US, Obama may not even be a US Citizen at all.

Constitutional historical documents make it clear that the drafters (natural born citizen) meant born in the actual territory of the US.

As pointed out by Ted Olson in a legal memo addressed to the John McCain citizenship issue, the Constitutional requirement is not subject to definition by Congress—the “natural born citizen” requirement is a Constitutional question—the fact that a person might qualify to avoid naturalization is irrelevant.

As Olson pointed out, even the McCain qualification is in doubt. Sure, Senator McCain is a citizen under the naturalization statutes. But that has no bearing on the question of whether he meets the Constitutional test which in my own view, he does not.

If this issue ever gets to the table, assuming the facts demonstrate that Obama was born in Kenya, in my opinion, neither one of the presumed nominees meets the Constitutional qualification requirement.
86 posted on 6/28/2008, 3:32:49 PM by David (...)

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Back to the thread.

Check out # 73 , and # 75 .

Thanks David.

thanks for the ping...

http://www.freerepublic.com/focus/f-chat/2491680/posts

There is also the Kenyan Parliament’s statement, “how could a young man born here in Kenya, who is not even a native American, become the President of America?”

Inspector Smith’s copy from Mombasa hospital with stamps an footprint???

De Facto Officer Law and Legal Definition:

De Facto Officer refers to an officer holding a colorable right or title to the office accompanied by possession. The lawful acts of an officer de facto, so far as the rights of third persons are concerned, when done within the scope and by the apparent authority of office, are valid and binding.

The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient.

The following is case law defining the term De Facto Officer. “An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised:
First, without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be;

Second, under color of a known and valid appointment or election, but where the officer had failed to conform to some precedent requirement or condition, as to take an oath, give a bond, or the like;

Third, under color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public;

Fourth, under color of an election or appointment by or pursuant to a public unconstitutional law, before the same is adjudged to be such”. [Jersey City v. Dep’t of Civil Serv., 57 N.J. Super. 13, 27 (App. Div. 1959)]

http://definitions.uslegal.com/d/de-facto-officer/

When will the truth be made public so that things can get righted?

This is so beyond insane.

"In his earlier campaigns for Congress and state Legislative body ...asserted his birth in Kenya."

Where are any these statements?

His 1999 Illinois Senate web page said he was born in Hawaii.

http://web.archive.org/web/19991109015159/http://www.legis.state.il.us/homepages/senate/obamab.html