Posted on 11/12/2013 6:14:51 PM PST by markomalley
Edited on 11/12/2013 6:18:00 PM PST by Admin Moderator. [history]
This item just in via an
(Excerpt) Read more at washingtonpost.com ...
We never, ever, do something Nice & Easy!
she votes for 0failure and then leaves the country
thx babe. /s
The key word in the embassy report apparently is the term “relinquishment.” That means, a knowledgeable source told us, that she did not “formally renounce her U.S. citizenship under 349(a)(5) Immigration and Nationality Act, but took Swiss citizenship with the intent to lose her U.S. citizenship.” As opposed to formal renunciation — a much more complex process, we were told — there are no “tax or other penalties for loss of citizenship in this fashion.”
She's not "renouncing" according to the story.
The timing is a little odd; could it be that she doesn’t much care for the political administration of one of da bruthas?
“... she did not “formally renounce her U.S. citizenship under 349(a)(5) Immigration and Nationality Act, but took Swiss citizenship with the intent to lose her U.S. citizenship.”
There’s a formal renouncement and effective renouncement. INA 349 (a)(5) is a law describing the rights of a U.S. Citizen to notify the President, through the State Dept, they have become a citizen of another country and voluntarily have chosen to formally renounce their U.S. Citizenship. Their citizenship is not relinquished until a CLN is signed by the SoS.
The Executive Branch considers CLNs proprietary. They are not subject to FOIA. The SoS delivers copies of a signed CLN to other Executive branches of government, FBI, IRS, DHS; but not to Congress or SCOTUS. CLNs are not subject to Court subpoena because it is considered Executive Privilege.
There are also involuntary requests for a CLN through an effective renouncement of U.S. Citizenship. Classified documents leaker, Edward Snowden, had his U.S. passport cancelled and was ordered to return to the United States. Snowden refused to return to the U.S. because he feared an arrest and prosecution for leaking classified documents. It is reasonable to infer a CLN was issued to Snowden prior to the cancellation of his U.S. passport. CLNs are considered Executive Privilege and not subject to FOIA or subpoena. Consequently, we can only make an inference as to a CLN for Snowden.
If Turner allowed her passport to expire after taking Swiss citizenship, then it is likely the State Department will issue a CLN. Allowing your passport to expire while living abroad establishes intent to informally renounce.
The article says she has lived in Switzerland for 20 years.
Rand Paul has proposed a bill to fix the nastier parts of FATCA. But I haven't seen the Grand Old RINOs acting with any haste to take it up, so it seems they approve of declaring expatriate citizens Properties of the United States Government.
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