Posted on 03/11/2012 9:23:03 AM PDT by Seizethecarp
In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his III Analysis dicta, states: No one disputes that Marguet-Pillados requested instruction was an accurate statement of the law, in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements. On March 1, Sheriff Arpaios Posse re-opened the possibility that Obama was born in Kenya by announcing that it had found probable cause to believe that Obamas long form birth certificate was forged, newspaper birth announcements were unreliable, and that there was now no proof that Obama was born in the USA. A week earlier, with full knowledge of what the Arpaio Posses findings would be, constitutional scholar Obamas legal team suddenly started citing the Marguet-Pillado case in multiple PA and GA ballot eligibility state appeals. The following language is included by Obamas lawyers in the PA and GA MTD filings: President Obama was a United States citizen from the moment of his birth inHawaii. Since he held citizenship from birth, all Constitutional qualifications have beenmet. Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. App., 2009); see,United States v. Marguet-Pillado , 648 F.3d 1001, 1006 (9thCir., 2011). There is no basis to question the Presidents citizenship or qualifications to hold office. www.ca9.uscourts.gov/datastore/opinions/2011/08/.../10-50041.pdf
His mother never was actually legally married to Barrack Obama of dual British/Kenyan citizenship, since he already had a Kenyan wife.
Has the Arizona sheriff’s team searched Canadian records of birth?
Do they have the authority to do that?
Don't think so. But suspect Canada is the most likely birth place for zero. If she had Barry in Canada, probably in an unwed mother home. That will be difficult to crack.
Nope, not according to the Immigration Act of 1952 which was applicable at his birth. She was too young to meet the requirements. She had him just prior to or just after her 18th birthday. Knocked up at 17.
Yes! Yes! You are 100% correct.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the persons birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the persons birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.
There is only a one-year residency requirement at any time prior to birth for unmarried US citizen moms to pass citizenship and NO age requirements if mom is single.
SADO was only too young to pass citizenship to Barry in Kenya if she was legally married to BHO Sr. under US law and subject to five years residency after age 14. US law does not reconize bigamy or plural marriage...AND the INS docs show BHO Sr. was deported for suspected bigamy in 1964. Those FOIA INS docs are in the court record for the court to consider in deciding whether SADO was legally single and able to pass citizenship. This documentation of an out-of-wedlock birth if in Kenya would spare Barry from being an illegal alien, which would be the case if his parents were married and SADO too young to pass citizenship and Barry were never naturalized.
Immigration Act of 1952
PUBLIC LAW 414-JUNE 27, 1952
TITLE 11-NATIONALITY AND NATURALIZATION
CHAPTER 1-NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION
NATIONALS AND CITIZENS OF THE UNITED STATES AT BEIRTH
SEC. 301. (a) The following shall be nationals and citizens of the United States at birth:
7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.
—
Note this is citizenship at birth. (not natural born citizenship)
If BHO, Sr. was the father and BHO, Jr. were born outside the U.S. he would not be a citizen at all, because Stanley Ann had not lived long enough in the U.S. over the age of 14 to convey citizenship to her child.
She was barely 18 at his birth, if she was 18.
Derivation of Citizenship
Acquiring US CITIZENSHIP FOR CHILDREN BORN abroad IN WEDLOCK
On/after 12/24/52 and prior to 11/14/86
One US Citizen parent and one alien parent
US Citizen physically present in U.S. 10 years, at least 5 after age 14
—
Again, SAD does not qualify under the law applicable when BHO was born.
Assuming BHO, Sr. was the father.
Laurence Tribe was creating a diversion for Obama. He was one of Obama’s campaign advisers and he was a former professor who said Obama was the best student he had out of THOUSANDS of students at Harvard.
“Acquiring US CITIZENSHIP FOR CHILDREN BORN abroad IN WEDLOCK”
The best evidence now proved up in GA and heading for SCOTUS is that Barry was born OUT OF WEDLOCK due to bigamy.
A bigamous marriage is a NULLITY (never existed).
You are looking at the wrong part of the statute.
Republican presidential hopeful John McCain said Thursday the question of whether he can run for president, despite being born in the Panama Canal Zone, was put to rest 44 years ago in Barry Goldwater's campaign. McCain added that he doesn't know why his campaign sought legal analysis from former Solicitor General Ted Olson of whether his birth outside the continental United States might disqualify him from the presidency.
link
In their opinion, they also indicated that Obama was a natural born citizen based on jus solis.
Their opinion may not matter to you, but it did to the Senate, which affirmed it. More importantly, their opinion offered some insight as to how SCOTUS might rule on the definition of "natural born citizen." It is significant given the fact that both Tribe and Olson are recognized Constitutional scholars and have been considered as possible SCOTUS justices.
IMO the Democrats pushed for the McCain analysis so that it could act as cover for Obama who was mentioned in the Tribe/Olson report. There should have been a separate request to have Obama's eligibility scrutinized.
Did you not read what I just posted?? McCain said his eligibility wasn't a problem. He didn't know why his own campaign was even consulting with Olson. Now, put on your thinking cap. Who led the charge in the Senate for the resolution??
Best evidence? Who has Barry the Bastard told us is his father?
He certainly did not admit he was fatherless.
You tell me which it is.
Did you read what I just posted? It is obvious the Dems were using this for cover for Obama. The gratuitous mention of him in the Tribe/Olson opinion should be your first clue.
The 1948 BNA requires a legitimate marriage to pass citizenship. The INS booted BHO Sr. from the US because they believed that due to bigamy, he had fathered a out-of-wedlock child. The identity of the father being known doesn't pass citizenship, only a marriage recognized by the UK and Kenya. The Kenya marriage act regards tribal marriages as legal and subsequent marriages bigamous.
The US statutes, ironically, would NOT permit SADO to pass he US citizenship to Barry if she were legally married to BHO Sr. and gave birth outside the US due to failing the five-year after age 14 residency requirement.
If SADO were single she WOULD pass her US citizenship to Barry if he were born in Kenya because regardless of whether the identity of the sperm donor is known or not, she only needs one year of residence with no age limit prior to the birth.
He is a Fraud. FACT.
I have never believed he was born in Kenya. A much more likely place would be Canada.
I also do not believe that BHO, Sr. is his biological father.
He is Barry the Bastard. (all senses of the word)
I’ve suspicions their reluctance is due to threats that their FCC licenses will be yanked if they tread into the ineligibility swamp.
Those radio/TV broadcast talkers are intelligent enough that it is impossible to accept their uniform condemnation of we birthers as the result of lucid thinking. That uniformity is itself a red flag. Old and trite - but true: they protest too much. No one - not a single one of them, [except Rush, ever so hesitantly, squeamishly] has ever shown even the slightest curiosity, or vague wondering.
Their reaction has been uniform: hostile, militant ridicule and vilification. They - uniformly - react as if they’ve gotten an electric shock. They uniformly OVERreact - and that tells me they’re literally afraid to speak of it, or to be suspected of even thinking of speaking of it. And that uniformity of reaction - OVER reaction - is absolutely not normal. They ARE afraid.
If Barry’s FCC threatened to yank their broadcast licenses - they’d be done, kaput, out of business. Pretty intimidating prospect - and a heavy kudgel over their heads. Would Barry, holder, FCC do it? In a heartbeat!
Well considered. Thank you for the perspective.
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