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Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)
vanity | March 11, 2012 | Seizethecarp

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-Pillado’s 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 Arpaio’s Posse re-opened the possibility that Obama was born in Kenya by announcing that it had found probable cause to believe that Obama’s 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 Posse’s findings would be, “constitutional scholar” Obama’s legal team suddenly started citing the Marguet-Pillado case in multiple PA and GA ballot eligibility state appeals. The following language is included by Obama’s 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 President’s citizenship or qualifications to hold office.” www.ca9.uscourts.gov/datastore/opinions/2011/08/.../10-50041.pdf


TOPICS: Conspiracy; Government; Politics
KEYWORDS: arpaio; certifigate; corruptbastard; iwon; maybealittleblow; mymuslimfaith; naturalborncitizen; obama
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To: Seizethecarp

Bawahahahahaha

Oh yea, thats gonna work.... LMAO


21 posted on 03/11/2012 10:35:19 AM PDT by Danae (Anail nathrach, ortha bhais is beatha, do cheal deanaimh)
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To: Seizethecarp

At best,

AT BEST, Barack Obama is a presumed citizen. PRESUMED citizen. Remember Arpaio’s findings in part stated that if Obama were applying for a position in the Sheriff’s office, he would not even begin to pass the first part of the background check, and the documents offer, having found to be “highly suspect” of Fraud would not have gotten him an interview.

No court case is going to save his butt. He hasn’t even proven he is a citizen, let alone a Natural Born Citizen.


22 posted on 03/11/2012 10:38:36 AM PDT by Danae (Anail nathrach, ortha bhais is beatha, do cheal deanaimh)
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To: Seizethecarp
\ “A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth..“

This is untrue because it was not the INS practice at all:

My female friend was born in Mexico in 1946 of a US citizen [who was in USA at time of her birth many years except for short sojourn to Mexico to get married there] and a Mexican national mother. Her other siblings were born in USA, thus citizens thru the father and place of birth.

But she had to file every year with INS as resident alien. In order to acquire US citizenship she had to renounce her Mexican citizenship.

This is true because every year since 1965 as paralegal I reviewed her INS alien residency documents before she filed them with INS. She never renounced her Mexican citizenship and still is an alien resident.

There probably thousands of these INS cases from the 40`s and 50`s and 1960`s that prove this practice of the INS.

The proof is in the INS archives, not some ignoramus judge who doesn`t even do any research into the actual practices of the INS going back scores of years.

23 posted on 03/11/2012 10:42:59 AM PDT by bunkerhill7 (Aliens are not Americans``?? Who knew?)
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To: Yaelle
She most likely went to Canada

Correct. And if he was born in Canada to Stanley Ann, she was too young at the time of his birth to convey U.S. Citizenship to her son under the Immigration Act of 1952 which was applicable. Even if she were unwed.

24 posted on 03/11/2012 10:48:10 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: Seizethecarp
What the dicta says may be interesting, but the dicta is not a ruling. It has discussion and debate value; not legal value.

And that includes the dicta of Wong Kim Ark, also. It is the ruling of Minor vs Happerstat (sp) that matters; not the dicta of Wong Kim Ark or any other such court case.

25 posted on 03/11/2012 10:54:12 AM PDT by Stepan12
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To: Howie66

I would say if that is the case then that would be an act of reason for him and the ones who signed off on his eligibility.


26 posted on 03/11/2012 10:58:31 AM PDT by chris_bdba
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To: Howie66

I would say if that is the case then that would be an act of treason for him and the ones who signed off on his eligibility.


27 posted on 03/11/2012 10:58:44 AM PDT by chris_bdba
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To: Seizethecarp

Seizethecarp,
Factoring into this is, if there’s a divorce decree, does that imply that at least in the u.s. ‘s eyes Stanley Ann and Obama SR were married, and then the ‘born outside of u.s. to too-young u.s. citizen mom married to alien guy’ would apply?
Corollary: are tribal marriages from Africa recognised as valid in the u.s.?

What a tangled mess to sort out!


28 posted on 03/11/2012 11:06:27 AM PDT by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
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To: butterdezillion

What you are implying is a coup. If so, then let the chips fall where they may.


29 posted on 03/11/2012 11:11:13 AM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Americanexpat
“So is Rommey qualifgied to be POTUS? From what I understand he and his father were born in mexico.”

The 9th Circuit panel pulled this utterance out of their collective posteriors, so NO this dicta does not make any foreign-born baby an NBC, including George Romney who was born in Mexico. If the Marguet-Pillado dicta were to be upheld by SCOTUS after being cited in the ballot challenges heading up to SCOTUS, then that would make both Obama and George Romney eligible...and McCain and Rubio as well.

BTW, Mitt Romney was born in the US to two US citizen parents. By returning to the US in 1907 when George was under age 18 he did not have to be naturalized to re-affirm his US citizenship gained from his own two allegedly US citizen parents.

30 posted on 03/11/2012 11:12:51 AM PDT by Seizethecarp
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To: chris_bdba

It has become very clear that, with few exceptions, those in positions of authority to do something about this or those with significant influence (e.g. “conservative” talk show hosts) are more willing to ignore (perhaps even change) the U.S. Constitution rather than investigate (much less remove) the first Marxist, muslim sympathizer president from office (although I suspect their reluctance to act responsibly has more to do with his perceived race — that is, his skin color — than anything else).


31 posted on 03/11/2012 11:13:53 AM PDT by glennaro
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To: chris_bdba

Absolutely.

Then again, the current Senate and House of “Reps” are guilty of, at the very least, dereliction of duty for failing to uphold the Constitution and the law of the land. They all need to be removed from office.

Before we can further celebrate the Spirit of ‘76, we need to revisit the actions of 1775.


32 posted on 03/11/2012 11:14:11 AM PDT by Howie66 (I can see November (2012) from my house.)
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To: Yaelle

One of ann’s classmates made the comment that she and some other classmates met baby BO, i think in Seattle, before Ann’s parents did. A reporter tried to follow up with the woman and she refused to answer any questions, saying that the president had told her not to. I read this maybe a year ago but can’t remember where.


33 posted on 03/11/2012 11:16:23 AM PDT by Cowgirl of Justice
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To: Yaelle

One of ann’s classmates made the comment that she and some other classmates met baby BO, i think in Seattle, before Ann’s parents did. A reporter tried to follow up with the woman and she refused to answer any questions, saying that the president had told her not to. I read this maybe a year ago but can’t remember where.


34 posted on 03/11/2012 11:17:39 AM PDT by Cowgirl of Justice
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To: E. Pluribus Unum
“The issue is that his alleged “father,” Barack Obama, Sr. was not a US citizen, which means that Ann Dunham’s son Steve is not a natural born citizen, which means he is ineligible.”

If you re-read the dicta, the 9th Circus says that a foreign-born baby needs only to be biologically-related to a US citizen (only one US citizen needed as is clear in the case) to be a natural born citizen at birth.

The Obama legal team takes the additional step of claiming that statutory citizenship at birth of any kind, as defined in the State Dept. regs. equates to NBC POTUS eligibility...a leap that the State Dept. said had not been ruled on by SCOTUS as recently as last year.

35 posted on 03/11/2012 11:18:17 AM PDT by Seizethecarp
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To: Seizethecarp

Sounds desperate to me. If they want to argue that case in the court of public opinion, after being lied to for over four years, plus having an army Lt. Colonel go to jail over his NBC status, they haven’t got a snowball’s chance in hell.

Obama is the Prince of Lies.


36 posted on 03/11/2012 11:22:43 AM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Qwackertoo
“. . but doesn’t born of two parents still apply whether they were married legally or not?”

Not anymore, if the 9th Circus dicta holds (I don't think it will). 9th Circus says a baby only needs to be biologically-related to only one US citizen parent to be a statutory citizen at birth anywhere on the planet, which they label to be a natural born citizen (on purpose to give cover to Barry, IMO).

See the Congressional Research Service cover given Barry by using the same interpretation of Marguet-Pillado.

37 posted on 03/11/2012 11:26:13 AM PDT by Seizethecarp
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To: Seizethecarp

Ah yes, more conflating citizen with natural born citizen. With Artapio’s presser now a reality exposing obama fraud it is to be expected.


38 posted on 03/11/2012 11:29:01 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Seizethecarp

Ah yes, more conflating citizen with natural born citizen. With Arpaio’s presser now a reality exposing obama fraud it is to be expected.


39 posted on 03/11/2012 11:29:17 AM PDT by MHGinTN (Being deceived can be cured.)
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To: ml/nj; Danae
“All this is nice, but a person who commits fraud loses his right to be President until he has served his time in prison.”

Thanks in part to FReeper Danae, Obama was forced to “produce” a LFBC by Trump and Corsi. Obama thought he could run out the clock before the forgery could be proved and prosecuted. That remains to be seen.

Arpaio seems to want to get the highest national prosecutor he can get to go after Barry. I believe that Arpaio has a Plan B or C fallback to prosecute Barry in AZ at the state or county level for fraud if Congress or the FBI chicken out.

40 posted on 03/11/2012 11:30:07 AM PDT by Seizethecarp
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