Posted on 09/18/2008 5:41:11 PM PDT by Brytani
SAN FRANCISCO (AP) -- A federal judge has thrown out a lawsuit seeking to remove John McCain from the California ballot because he was born in the Panama Canal Zone.
U.S. District Judge William Alsup ruled late Tuesday that the law at the time of McCain's birth automatically granted citizenship to offspring of U.S. citizens.
(Excerpt) Read more at ap.google.com ...
It is a bit more complex than that. There is a dual citizenship problem. You can loose your citizenship by gaining citizenship in a nation that does not recognise dual citizenship.
Like Indonesia.
Obama’s mother traveled to Kenya to meet Obama’s father’s family when she was 8 months pregnant with Obama. She gave birth to Obama in Kenya because she went into labor early and she could not return to Hawaii in time.
Obama’s mother was a U.S. citizen. We know that. However, when she gave birth to Obama in Kenya she was 18 years old. U.S. laws governing citizenship state that in order for a parent who is a U.S. citizen to be able to transfer their citizenship to a a child of theirs that is born on foreign soil, that U.S. citizen parent must be at least 19 years old at the time of the birth of the child.
Obama’s mother was 18 when she had him on foreign soil. Therefore, there is no way for Obama to be a U.S. citizen by virtue of his mother being a U.S. citizen.
Therefore, Obama is not a U.S. citizen which is why by his own omission and his graeschool registration record in Jakarta he traveled to Indonesia at age 6 on an Indonesian passport. This was because he never had any other passport and his step-father who is a citizen of Indonesia secured that one for him.
Barack Hussein Obama is an Indonesian citizen, not an American citizen.
And we’re all too stupid or too afraid (of what?!) to make this truth stick and force him out of the presidential race. His lack of U.S. citizenship should also knock him out of his U.S. senate seat.
Nope, Obama will not be the next in court as the Judge cleverly set a prescient today when he ruled “the plaintiff, Markham Robinson, chairman of the American Independent Party, had no standing to file the lawsuit because he is not a candidate for president”.
So unless McCain files against Obama, I read it that Obama can run as a non citizen.
WOW the law is just not right.<<<
Ping.
Either that, or Bob Barr, or Ralph Nader could file the suit. That’s another option as I see it. Seeing as this lawyer is a Democrat I would expect him to seek to speak with Ralph Nader first. Then again - Hillary Clinton might have a stake in this. Perhaps he should ask her if she would file it since she would definitely be the aggrieved party in the matter - seeing as how he got the nomination of her party and all. In fact, that would be the most promising path for the lawsuit itself, IMHO.
If McCain files it will be touted by the Dems as a pure political stunt, but if Hillary does it, well, there are pros and cons of course (for 2012). I guess Bob Barr and Ralph Nader would have the least to lose, and Barr would be preferable to a “Neo-Marxist/Neo-Commie” like Obama. I still think McCain would win though (and will likely win even if this suit goes absolutely nowhere, IMHO).
Just my $.02! LOL
Thanks for the ping!
There really should be a way for the public to bring suit in a matter such as this. A single qualified voter should be able to request this information through a court of law (since it would require the handling of government documents and all). We are, after all, supposed to be their EMPLOYERS! Do we not have a right, if we are paying their salaries to make sure they are legal to work here in the U.S.? (Rather ironic, really — should Obama get Amnesty, if it’s proven he is an illegal alien? Perhaps that is why he’s so happy about foreign enemy combatants getting the right to trial in a civilian court? - OK, perhaps that’s stretching a bit, but this makes me angry. I can’t believe he is this close to the White House).
Whether the citizenship question, or the Birth Certificate problems, or ALL of it together — we should be able to do SOMETHING. I wonder if we could pressure the Atty. General’s office, or the GAO to investigate this? Or, even the FEC (as part of the investigation for the foreign donations to the Obama campaign?).
Heck, maybe the FBI should investigate for possible fraud - who would investigate for treason? Because a foreign citizen knowingly and willinging seeking to defraud the United States, and unlawfully attain elected position should be treasonous, especially in a time of war, when the candidates associations with terrorists is suspect as well. Add in the violation of the Logan Act with the US-Iraq Troop Withdrawal Negotiations, holding elected office as a Senator under fraud/misrepresentation, and I would say Obama should go away for a VERY long time should all this be proven true. All the more reason every stone should be unturned and this matter needs to be gotten to the bottom to. We need some kind of official announcements here, and an investigation, IMHO. Documents requested from the Indonesian Government, and certified. Send someone you trust, and don’t tell people you’re going before hand. Announce it on TV or something, or the the ambassador, and have the US Official standing in the foyer of the Vital Statistics office (so they can’t forge it)! (Now it sounds like a plan for a bad movie script!)
How about Bush? He should use the “bully pulpit” and say something. We deserve answers, and he is the leader of this country - it’s his duty to protect us from people like this. If there are ANY doubts at all on any of this, it should be thoroughly investigated.
One more idea (now that you’ve got me on a roll here... LOL) - perhaps we should start flooding our Congressional Offices with email, phone calls, and hard copy letters? Do they have jurisdiction to investigate a fellow Senator who may not be a legal citizen?
I honestly just feel like we are living in some bizarro world that these basic, simple questions, about the most basic qualification to hold office in our country - especially for the position of Commander-in-Chief during a time of war could possibly go unanswered, and unchallenged.
Sorry for the rant... Communists make me upset!
I still think McCain would win though (and will likely win even if this suit goes absolutely nowhere, IMHO).<<<
I do so hope you are right.
Good idea, how would you get Barr to take it to court?
I honestly just feel like we are living in some bizarro world that these basic, simple questions, about the most basic qualification to hold office in our country - especially for the position of Commander-in-Chief during a time of war could possibly go unanswered, and unchallenged.<<<
With the likes of T Kennedy and Kerry holding offices all these years, there is not much hope in pulling their files and having the real truth keep them out of office.
I don’t know how to get the FBI to act, they have a thick file on Obama, that you can be sure of.
ping
I never agreed with going after McCain on the natural born angle; but he wasn’t born in the Canal Zone. He was born in Colon.
I still want him off the ticket though.
Stanley Ann was a minor.
Actually, the judge was wrong on this one too. McCain was not born in the Canal Zone. He was born in Colon. I still think McCain was natural born because his father was military; but I would have thought the judge should have had the birth location correct.
>>>His Mom was born in Kansas and was an American citizen when he was born...
She was a minor when she got pregnant. She wasn’t old enough to pass on citizenship.
You said you were told the same thing that T. Nana said at post 19.
McCain wasn’t born in the Canal Zone. He was born in Colon.
He wasn’t born there. He was born in Colon.
bttt
That is the biggest issue I see on this ruling. This judge just threw out Berg’s filing on Obama. Berg is a citizen and the judge wasn’t even involved with Berg’s case.
No legal expert here, but I ran across this article on the subject by Jonathan Turley. I don't agree with his concluding suggestion, but it covers the issue from the standpoint of a constitutional lawyer, and explains the judge's action:
"[...] The problem is that such an issue is only “ripe” for review after a general election and before the swearing in ceremony. While it is conceivable that a ballot challenge (contesting the eligibility to be on a ballot) is possible, a court could deny any pre-election lawsuit as an impermissible request for an “advisory opinion.”Link
Any review would turn on a difficult interpretive question. Two obvious meanings are possible. The Court could view the term as referencing a purely territorial qualification: people born within our borders. The Court could also view the meaning as encompassing a parentage meaning: covering people born to citizens regardless of the place of their birth. The latter interpretation would make natural born status as synonymous with citizenship and the colloquial term “native son.”
[...] Absent a constitutional amendment, the issue will remain one of constitutional construction, not legislative correction."
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