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To: oldbill

Umm, yeah, it’s true that “Under certain circumstances, you may lose your US citizenship . . . by serving in the armed forces of a foreign nation.” Those certain circumstances are listed in US Code title 8, chapter 12, subchapter III, Part III, § 1481, LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN; VOLUNTARY ACTION; BURDEN OF PROOF; PRESUMPTIONS.

The very first sentence of that law, section a, specifies that the acts which lead to loss of citizenship must be done “with the intention of relinquishing United States nationality.” The law then spells out the various acts, which include “entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or(B) such persons serve as a commissioned or non-commissioned officer”

So, no, serving in the armed forces of a foreign state as an officer (even assuming that Awlaki did so) would not be enough to cause loss of citizenship. The law clearly states that the action must be taken “with the intention of relinquishing United States nationality.” Did Awlaki have such an intention? Difficult to prove now, isn’t it?


57 posted on 10/02/2011 12:15:43 PM PDT by Jubal Harshaw
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To: Jubal Harshaw

“So, no, serving in the armed forces of a foreign state as an officer (even assuming that Awlaki did so) would not be enough to cause loss of citizenship.”

His citizenship status is absolutely irrelevant. Clinton mistake that got us into this mess was he tried to legally prosecute terrorists who declared war on the US.

Al Alwaki joined AQ, a terror groups that declared and waged war on the US. He joined the war against our Nation and that makes him an enemy combatant...a target to be killed, not indicted.


100 posted on 10/02/2011 5:30:59 PM PDT by rbmillerjr
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To: Jubal Harshaw

Wrong.

Serving in a foreign armed force is by the actual reading of the law probitive of relinquishing citizenship. It does not require a formal renunciation. You have the cart before the horse.

If you read the law further, you will see that the action of serving in an armed force is presumptive of repudiation unless the person can show the action was under duress or compulsion or lacking in intent or understanding. This provides an exclusion for those who may be drafted into a foreign military, like dual nationality citizens of Israel and other allied countries.


104 posted on 10/02/2011 6:36:20 PM PDT by oldbill
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