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Originally posted by redhatty
reply to post by Benevolent Heretic
I remember it being mentioned in one of Donofrio's discussions, but had not looked into it deeply. Public Law 95-432 may actually be a stronger point in the Obama situation.
(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 95-1493)
Amends the Immigration and Nationality Act to repeal specified provisions depriving persons of their United States nationality and citizenship in the following circumstances (1) a person, born outside the United States to parents one of whom was not a United States citizen, who failed to come to and reside in the United States; (2) a person who having dual nationality sought the benefits of his non-United States nationality; (3) a person who voted or participated in a foreign election; (4) a person who was convicted of desertion from the United States military; (5) a naturalized citizen who resided outside the United States for a specified period of time; and (6) a minor's parents' expatriation.
Emphasis mine.
Question 1: Would using a passport from another country you have the ability to get one from (i.e. the questionable Indonesian Passport) be considered "seeking the benefits of non-US nationality?"
Question 2: Would Obama's campaigning for his cousin Odinga, be considered participating in a foreign election?
I reference this law since it is one that is referenced in the Elg case link you provided, BH
POTENTIALLY EXPATRIATING ACTS
Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA).
Originally posted by redhatty
Donofrio claimed that dual-citizenship AT-BIRTH, precluded Obama from being a "Natural-Born Citizen." Never once does Donofrio claim that Obama was not born in Hawaii, and Obama's own websites have admitted that yes, he did have dual-citizenship at birth.
But since SCOTUS chose not to hear the case, we will not - at this time - know if Donofrio's arguments are correct in their conclusions.
Originally posted by Avenginggecko
Seems more like a condemnation of those who deny the truth when it's standing in front of them, waving its arms and screaming their names hysterically.
The simple facts are this:
There is no creditable, court-admissable evidence to prove he wasn't born in Hawaii or later renounced his citizenship in Indonesia. I don't care if you're Democrat, Republican, or Independent, and neither does the law. It will not entertain right-wing blogs and fringe sites as creditable sources.
* The highest court of the nation has set a precedent of what they will do with these cases: they will not entertain them.
* The premise of this 'conspiracy' is ridiculous. It would involve so many people from different nations, levels of government, and political views over such a long period of time that the plausibility of it being real is zilch.
An unclear and confusing tape of Obama's grandmother is hearsay because her testimony is not taken during trial. It is also unreliable circumstantial evidence because it is ambiguous and the interviewer had an agenda.
A school form from Indonesia is unreliable circumstantial evidence because it does not clearly indicate that Barak gave up his citizenship in Indonesia. I'll say this again: all of the evidence is hearsay or circumstantial. Hearsay is not permissable in a court of law and for circumstantial evidence to be valid it must be from a creditable source (i.e. unambiguous and without an agenda or motive to discredit the defendant). Also, if circumstantial evidence does not clearly establish the situation, or it shows that more than one possibilities had an equal or greater chance of occurring, it is not considered legally admissable.
He has provided a COLB, which shows more than enough information to prove he was born in Hawaii. A COLB is considered reliable evidence in a court of law because it is a government document.
The same school form from Indonesia shows he was from Hawaii, which is circumstanstial; however, it is unlikely that his step-father would lie to Indonesia about him being born in the states - he had no motive to lie about Barak's birthplace. If anything, he would have put his birthplace as Indonesia.
Originally posted by Benevolent Heretic
Originally posted by stander
Perkins vs. Elg.
Edit:
The Elg case is not, strictly speaking, a dual citizenship case, since the court's assumption was that once Elg had reached adulthood, she had the right to choose US citizenship instead of (not in addition to) Swedish citizenship -- i.e., that this right had not been taken away from her by actions her parents had taken when she was a child.
So, this isn't really precedent after all. She didn't have Swedish citizenship at birth.
Originally posted by GRANDWORLDDRAMA
ha ha ha ha ARE YOU SURPRISED?
look heres what "we" do
stop worrying about OBAMA
let him stay...
just decide to
not obey any of US.corps De' Facto laws
dont pay any of US.corps De' Facto taxes
basically MOVE ON and become our own nation asside from
US.corps De' Facto jurisdiction
a good ol' fashioned Revolt
Originally posted by Aermacchi
Hospitals you can check yourself, the main two hospitals claimed that definitely existed are above and both have no record of Obama or Mother Ann in either of them.
The Queen’s Medical Center - Honolulu, Hawaii Obama claims as his birth hospital
Kapi’ olani Medical Center Obama’s sister claims Barack Obama born here
Honolulu Shriners Hospital Never a patient Mom or Obama
Straub Clinic & Hospital Never a patient Mom or Obama
Hawaii Health Systems Corporation - Honolulu, Hawaii Never a patient Mom or Obama
Cancer Institute of Maui - Wailuku, Hawaii No Comment ???
Kuakini Hospital - Honolulu, Hawaii Never a patient Mom or Obama
Rehabilitation Hospital of the Pacific - Honolulu, Hawaii Never a patient Mom or Obama
St. Francis Healthcare System of Hawaii - Hawaii Never a patient Mom or Obama
Straub Heatlh - Honolulu, Hawaii Never a patient Mom or Obama
Tripler Medical Center - Honolulu, Hawaii Never a patient Mom or Obama
Wahiawa General Hospital - Wahiawa, Hawaii Never a patient Mom or Obama
Wilcox Memorial Hospital - Lihue, Kauai, Hawaii Never a patient Mom or Obama
First and foremost, YOU are NOT a Judge. You might think speaking as one may garner the respect that goes with the job regarding such legalese as we often see in court room hearings, the evidence almost always shows up during discovery. You saying there is no proof to show he wasn't born in Hawaii is tantamount to the logical fallacy of proving a negative. You see there is no credible evidence to prove he wasn't born in Ohio, or Wisconsin either.
Actually, what the SCOTUS did in this case was the most cowardly act of juris imprudence I have ever seen and most likely one of the worst decisions in supreme courts history.
The Fact is however, their have been people with doctorates, Phd's examining all the so called evidence of Barack Obama's BC and the FACT is, they ARE fake and always have been because those posted on a left wing website owned by Obama's constituents, colleagues and various mesmerized members and mindless militants under the influence of the "Obama Phenomena" who are so infatuated with the elusive one they call "the one" need to get over that first before any of you can say anything half way objective.
Yeah about the same odds, Darwin's debunked theory of evolution happened the way he postulated it did. Yet here you are defending Obama with all the self righteousness of a religious zealot and YOU haven't seen the best evidence yet have you? Nope.
Your argument that information and or documents hosted on right wing websites as having no credibility for that reason is the same one I can make for Obama's BC being on a Left wingers website where their is more compelling an argument for motive and agenda being Factcheck.org and places like it that have been exposed as dis info websites for the Obamanoids Grand Master himself.
prima facie
at first glance, on the first appearance. In legal contexts prima facie evidence is considered sufficient to establish a claim in the absence of counter-evidence; hence, in this context prima facie evidence is relatively strong.
No careful, there,, let me explain why it is hearsay.
Under Hawaiian law, it is possible (both legally and illegally) for a person to have been born out of state, yet have a birth certificate on file in the Department of Health.
All of the people born in Korea, Kenya, Mongolia, Australia and who also have Hawaiian birth certificates also have REAL birth certificates.
This does not mean they were born in Hawaii.
Get it?
Originally posted by HunkaHunka
Aermachhi who are you trying to fool?
You can't just go ask a hospital about patients records!
That's a HIPPA violation in the worst way!
And you took all that time write that post!
[edit on 10-12-2008 by HunkaHunka]
Originally posted by danx
Originally posted by Gregarious
So even if he was born in Hawaii, which I do not know for a fact, he could not be a citizen because of her. That was the law at his birth date. You don't apparently read the laws, let alone understand what they mean.
You’re wrong. Anyone born in the United States, regardless of the nationality or citizenship of the parents, is a US citizen at birth. [edit: except children of foreign diplomats]
I apologize, I did not make myself clear. I did not state that he was born here, and not a citizen because of her, I stated that he could not be a citizen because of HER, if she was elsewhere, because of her age, and the requirement that she live here five years before, and after. If he was born to anyone in HI, he would be a citizen. I stated I do not know he was born here for a fact. He has stonewalled and refused to document it properly. And because of his reticence, he has spent half a million on lawyers/fees. And that doesn't raise your eyebrows? You are either really gullible, or you so much want to believe in your messiah. Or you are a liar, plain and simple. So, can you tell us, which is it?
[edit on 9-12-2008 by danx]