Posted on 11/14/2019 12:44:43 PM PST by LesbianThespianGymnasticMidget
Over the years, I’ve been impressed with Judge Reggie Walton.
Too bad for the Dems, I hope they can recover from this shock!
The easy grounds for excluding her would be that her father was the Yemeni ambassador at the time, if in fact that were true. Under the Law of Nations and the Natural Law, such individuals have NEVER been considered members of the polity in the country to which their parent was the ambassador, but rather citizens of the country OF WHICH their parent was an ambassador.
Now, as far as I recall, things get murky pretty fast when the parent in question is not a bona fide foreign ambassador, but is some kind of lesser official, such as a high level “diplomat” who is nevertheless not the ambassador, or who, though their country’s highest official here present, is formally or technically speaking not AN ambassador. The U.S. government really cannot be heard to claim that such children are U.S. citizens (e.g. for purposes of Selective Service Registration/wartime draft), since to do so would be considered undiplomatic in the extreme. Nevertheless purist interpretations of the 14th Amendment would seem to suggest that the U.S. government could make a straight-faced claim in favor of citizenship for such individuals if it were inclined to do so, based on non-ambassador parentage and birth in the United States of America. This is the kind of pretzel logic we invite into our system when we fail to put appropriate limits on so-called “born citizenship” for individuals, neither of whose parents were U.S. citizens at the time of their birth. It never was a workable theory but we seemed to have slipped so far into that way of thinking over the years that U.S. officials are now loathe to begin propounding any contrary theories.
I’d wager that eventually the U.S. will relent and stop arguing against U.S. citizenship in this woman’s case.
By the way, if she manages to weasel her way back into the United States and is formally recognized as a U.S. citizen, one would have to admit that in accordance with a similar line of reasoning, John Sidney McCain III was a born and lifelong citizen of Panama. Not for nothing, but also not that this should make a difference, but McCain was NOT born on a U.S. military facility within the confines of the Panama Canal Zone. There WAS a medical facility on base at that time but it was NOT equipped with a maternity ward. Accordingly, John Sidney McCain, III was born in Colon Hospital, Colon, Panama to two U.S. citizens, one of which was a U.S. Navy Admiral. Sort of the same level of official as a “diplomat”, wouldn’t you say?
Meanwhile, her father, Mohammed Ali Muthana, resides in the United States as a citizen.
The passport was issued in error. She was still under her fathers diplomatic tenure when she was born. Plus, had she naturalized and became a citizen, she would have taken an oath, etc
Obama rejected her entry as well.
That’s not what happened in her case tho.
But, this is not her home country. Yemen is. Even if she was born here. She was born while her father was a diplomat in the US - voiding the ‘birth right’ citizenship.
She’s not going to be allowed to enter. And if for any reason she is allowed, there will be so many terrorism charges waiting for her that she will be in prison the rest of her life. The US is not going to waste money on her. She’s Yemen’s problem.
Yes, I see that, now.
True, nonetheless. Belt and Suspenders, as they say.
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