Legal suit questions the citizenship of Obama

[windcatcher]

About the first of October a Pa. court judge rulled that Obama has to provide a legal birth cirtificate or a certified copy of one from the state he claims to have been born in. He also ruled that he has to show immegration paperwork showing he has the legal right to be here in the USA.

Does anyone have any word about the followup? The last I heard, Obama was wanting it to be dismissed. The attorney bringing the suit has been a life long member of the Democrat Party and active in its politics. It is my understanding that he has been seeking the answers to his questions from the Obama campaign for several months before finally filing in court and thereby going public.


http://docs.justia.com/cases/federal...1573/13/0.html

 

[Bro. Curtis]

Maybe delaying it until after the election.

I starting to feel silly for doubting this story.

 

[Salty]

Maybe delaying it until after the election.

I starting to feel silly for doubting this story.

Suppose he wins :tear: , then it comes out that he is not a "natural born" citizen.

Could he be impreached - could the election be overturned?

 

[Bro. Curtis]

Only if you want race riots....

 

[Palatka51]

So, Constitutionally if Obama's citizenship is not American even though he might be the elected President, what does the nation do then? Chunk the Constitution into the trash bin? Lawfully he should be ousted. If he isn't thrown into the street then the Nation's sacred document secured by the blood of our fathers is of none effect. :tear:

 

[menageriekeeper]

Correct me if I'm wrong, but, if one is the child of an American citizen is not citizenry automatically applied even if the child is born out of the country?

It is clear that Obama's mother was an American, that alone should be enough even if he were born somewhere else.

 

[Palatka51]

menageriekeeper Correct me if I'm wrong, but, if one is the child of an American citizen is not citizenry automatically applied even if the child is born out of the country?

It is clear that Obama's mother was an American, that alone should be enough even if he were born somewhere else.

Not if his step father adopted him.

 

[Bro. Curtis]

The link doesn't work.

I keep thijnking what you said, but why would a P.A. judge do this ?

Here's more....

On September 29, 2008 US District Court Judge R. Barclay Surrick, the
federal magistrate for the Eastern District of Pennsylvania ruled in the
matter of Philip J. Berg vs Barack Hussein Obama, et al as the world was
distracted by the $700 billion subprime mortgage crisis. Obama signed a
breathe of relief as the mainstream media chose to ignore the question:
"Can Senator Barack Hussein Obama legally seek the office of President
of the United States?"

The flap began in June when National Review's Jim Geraghty raised the
question and asked the Obama Campaign to release a copy of his birth
certificate in order to prove that he actually was born in the United
States. (Reports had previously surfaced claiming that Obama's Kenyan
grandmother, Sarah Hussein Obama, told reporters that Obama was not born
in Hawaii, but in Kenya. She reportedly told reporters that when her
son, Barack Hussein Obama, Sr. returned to Kenya he was accompanied by a
pregnant white wife who was close to term.)....


http://www.amazon.com/tag/politics/...Thread=Tx3JO877P2V3MSG&displayType=tagsDetail

[FONT=Georgia, Times New Roman, Times, serif]On September 29, 2008 Pennsylvania attorney Philip J. Berg, filed a response to a motion to dismiss by defendant Barack Obama who was joined in his effort to quash Berg's lawsuit by the Democratic National Committee, claiming it has no standing to proceed. Berg argued in the brief response that he has provided the precedents which establish the standing and petitioned US District Court Judge R. Barclay Surrick of the Eastern District of Pennsylvania to pursue the case. In his Sept. 29 filing, Berg said: "Plaintiff served discovery in way of Admissions and Request for Production of Documents, on Defendants on September 15, 2008 and has attempted to obtain verification of Obama's eligibility through subpoenas to the government entities and the hospital's in Hawaii. To date, Plaintiffs and two of (2) the locations, which subpoenas were served upon, refused to honor the subpoenas.[/FONT]​

[FONT=Georgia, Times New Roman, Times, serif]"For the above aforementioned reasons, Plaintiff respectfully request Defendants and the Democratic National Committee's Motion to Dismiss pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) be denied and order immediate discovery (the unsigned order requiring Obama to produce..." within three (3) days{[/FONT]​

[FONT=Georgia, Times New Roman, Times, serif]1. Obama's "vault" version (certified copy of his "original" long version) birth certificate; and
2. a certified copy of Obama's Certificate of Citizenship;
3. a certified copy of Obama's oath of allegiance."[/FONT]​

[FONT=Georgia, Times New Roman, Times, serif]The certified copy of the citizen of the world's "oath of allegiance" to the United Sates is a document attesting to the fact that the newly "naturalized" citizen (usually an immigrant who has just been granted citizenship) or for native born Americans who have forfeited or otherwise surrendered their citizenship, and have requested reinstatement at their majority, usually 18, has sworn allegiance to the United States and its Constitution.[/FONT]​

[FONT=Georgia, Times New Roman, Times, serif]In this filing, Berg argued that he has legal standing to bring suit against Obama—and the DNC—pursuant to 5 USC §702; 524 US 11 (1998); 8 USC §148(b); 5 USC §552(B); 28 USC §1343 and also standing pursuant to Federal Question Jurisdiction. Berg rightfully claimed he has suffered "...the kind of injury that Congress expected might be addressed under the statute..." since the issue of where Obama was born with conflicting birth certificates and conflicting claims of what hospital Obama was born in—with Obama's own family members claiming he was born at three different hospitals in two countries.[/FONT]​

[FONT=Georgia, Times New Roman, Times, serif]The Obama "Birth Flap" was not of Berg's making. It began in June when National Review's Jim Geraghty raised the question and asked the Obama Campaign to release a copy of his birth certificate in order to prove that he actually was born in the United States. (Reports had previously surfaced claiming that Obama's Kenyan grandmother, Sarah Hussein Obama, told reporters that Obama was not born in Hawaii, but in Kenya. She also reportedly told reporters that when her son, Barack Hussein Obama, Sr. returned to Kenya he was accompanied by his pregnant white wife who was close to term.)...​

[/FONT]


[FONT=Georgia, Times New Roman, Times, serif]http://www.newswithviews.com/Ryter/jon252.htm
[/FONT]​

 

[Palatka51]

Great information Bro Curtis, thanks.:thumbs:

 

[Revmitchell]

Why doesn't he provide the BC instead of trying to get it dismissed? Makes no sense.

 

[LadyEagle]

Here is the thread I started on this topic last month. Of course, I was ridiculed and bashed for it (a "new low in tactics" & tabloid sensationalism, etc.). The Kenyan name for the title of the OP was gleaned from an Internet story about it, but wasn't the OP on the thread.

http://www.baptistboard.com/showthread.php?t=53370&highlight=kenya

 

[LeBuick]

Correct me if I'm wrong, but, if one is the child of an American citizen is not citizenry automatically applied even if the child is born out of the country?

It is clear that Obama's mother was an American, that alone should be enough even if he were born somewhere else.

That is absolutely correct, he is a naturalized citizen because his mother is American. It's no different than a military person.

 

[webdog]

So why doesn't he just put this to rest by supplying the BC?

 

[Revmitchell]

So why doesn't he just put this to rest by supplying the BC?

AS my daughter would say "Helllooo!!!":BangHead:

 

[canadyjd]

That is absolutely correct, he is a naturalized citizen because his mother is American. It's no different than a military person.

That is not correct. I looked up the citizenship requirements in place when Obama was born.

<H4 style="MARGIN: auto 0in; LINE-HEIGHT: 12pt">4. December 24, 1952 to November 13, 1986

If, at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.
If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least ten years, at least five of which had to be after the age of 16. There are no conditions placed on retaining this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father legally legitimated you before your 21st birthday and you were unmarried at the time. If legitimation occurred after November 14, 1986, your father must have established paternity prior to your 18th birthday, either by acknowledgment or by court order, and must have stated in writing that he would support you financially until your 18th birthday. (emphasis mine)

The following is bio info on Obama's mother.
</H4>

In 1959 Dunham's parents moved to Hawaii to pursue further business opportunities in the new state. She soon enrolled at the Hawaii.... She met Barack Obama Sr., a student from Kenya and the school's first African student, in a Russian language class at the University.[2] When they became engaged, both sets of parents opposed the marriage, with Obama's father in particular objecting. Nevertheless, the couple married on February 2, 1961 in Maui, Hawaii, after discovering she was pregnant.[6][1]
http://en.wikipedia.org/wiki/Image:Barack-obama-mother.jpg
Ann Dunham and Barack Obama
On August 4, 1961, at age 18, she gave birth to her first child, named Barack Obama II.

Please notice Ann Dunham gave birth at age 18. If she gave birth in Kenya, then she doesn't meet the one parent requirement in place at the time of having lived in the U.S. for at least 5 years after age 16 (only 2 years), therefore Barack Obama is not a U.S. citizen if he was born in Kenya.

As stated before, an origional birth certificate from Hawaii could immediately end this discussion.

peace to youraying:

 

[LeBuick]

Not sure where you got that from but here it is from the governments site. Keep in mind, this is only IF he was born outside the united states but since he was born in HI none of this really matters.

http://travel.state.gov/law/info/info_609.html

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

 

[canadyjd]

Not sure where you got that from but here it is from the governments site. Keep in mind, this is only IF he was born outside the united states but since he was born in HI none of this really matters.

http://travel.state.gov/law/info/info_609.html

You can't look at current law. You have to know the law in place at the time of his birth. This is where I found it.

http://immigration.findlaw.com/immi...tizenship-naturalization-did-you-know(1).html

As I said before, if he could produce a valid birth certificate from Hawaii, this issue would go away.

peace to youraying:

 

[LeBuick]

I apologize, I didn't notice they were married. I thought Obama mother was not married which is what I was led to believe when Pain's daughter announced her pregnancy. I thought Obama said he was born basically under those same conditions. I could be wrong.

Nevertheless, the couple married on February 2, 1961 in Maui, Hawaii, after discovering she was pregnant.[6][1]

So if the lived in Maui, HI and was married in Maui, HI, what makes you think they left the country before his birth?

By the way, I don't have a birth certificate either. I was born in LA Cali and because of how manual records were kept back then the state somehow don't have my birth recorded. My parents had to sign notarized affidavits and a couple of other hoops when I joined the Military. Luckily I've had a SSN since I was a child so there was little doubt of my citizenship.

 

[LeBuick]

You can't look at current law. You have to know the law in place at the time of his birth. This is where I found it.

http://immigration.findlaw.com/immi...tizenship-naturalization-did-you-know(1).html

As I said before, if he could produce a valid birth certificate from Hawaii, this issue would go away.

peace to youraying:

The site I used had this same clause for if they were married except it says age 14. I know Obama would not qualify even at 14 since that is 4 years and not 5 until his mother was 18.

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

I do know presidential candidates are vetted by the FBI prior to making the general election since they will get the highest clearance this country has to offer. They are being told national secrets on a daily basis once the make the general election. I would think if this allegation had weight the FBI would be involved and stopped the election by now.

 

[canadyjd]

I apologize, I didn't notice they were married. I thought Obama mother was not married which is what I was led to believe when Pain's daughter announced her pregnancy. I thought Obama said he was born basically under those same conditions. I could be wrong.

So if the lived in Maui, HI and was married in Maui, HI, what makes you think they left the country before his birth?

There is the allegation that Obama's grandmother in Kenya claims her son (his father) brought his young wife to Kenya and she gave birth there. If that were true, then Obama would not automatically receive citizenship under the laws in place at the time.

By the way, I don't have a birth certificate either. I was born in LA Cali and because of how manual records were kept back then the state somehow don't have my birth recorded. My parents had to sign notarized affidavits and a couple of other hoops when I joined the Military. Luckily I've had a SSN since I was a child so there was little doubt of my citizenship.

If you ever run for president of the United States, it could become an issue. Expect someone from the "other" party to start asking questions.:laugh:

peace to youraying: