Pay Attention Obots and Misinformed Conservatives, it's natural-born Citizen, class time. Got Schooled!?Facebook groups. The comment is typical of what you see posted by the paid Obots across the web. The second comment is a rebuttal courtesy of Attorney Mario Apuzzo.
The misinformation that is being spread needs to be flushed out with facts. The Obots, and the misinformed, never leave any links to back their claims up. When you respond with facts they just attack and run.
It's not hard to figure this issue out, it's elementary!
I do find most people's comments on what a "natural-born Citizen" is IS the same as birthers aka duelers aka constitutionalers. Enjoy!
Thanks Attorney Apuzzo for your time to set the record straight on the legal aspect of this issue.
comment from the "conservative" commenter; Obama's citizenship will be determined under the 1952 version of the Immigration and Nationality Act since he was born in 1961 and the Act wasn't updated again until 1966.
According to § 305 of the same statute, any person born in Hawaii on or after April 30, 1900 was to be considered a natural born citizen. Obama's mother was a citizen of the United States, and his father was a citizen of Kenya. They were married six months before Obama was born. There is no doubt that Obama's mother resided in the United States or its possessions for at least one year prior to Obama's birth.
Therefore, Obama can't be anything other than a natural born citizen. Combine this detail with his birth in an American State, you have a certified natural born citizen. [END]
Attorney Mario Apuzzo's response to the above comment.
Sec. 301(a)(5), cited by the commentator, is not applicable to Obama because if Obama were not born in the United States, there is no information that he may have been "born in an outlying possession of the United States." Rather, the information is that he may have been born in Kenya, which is not an outlying possession of the United States. If Obama were born in Kenya, the only statute that could apply to give him United States citizenship is Sec. 301 (a)(7). That section provides:
(a) The following shall be nationals and citizens of the United States at birth:
(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: /Provided,/ That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph."
Obama's 18 year-old mother was too young to give him U.S. citizenship under this statute or any other Congressional Act. Additionally, even if Obama could obtain U.S. citizenship "at birth" under this statute or any other Congressional Act, it would not make him an Article II "natural born Citizen." A person obtaining U.S. citizenship under such a Congressional statute would be a naturalized citizen "at birth," not an Article II "natural born Citizen."
The commentator also misquotes Sec. 305 which correctly quoted provides in pertinent part: "A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth." This statue would apply to Obama only if he were born in Hawaii. Also, even if so born, the statute does not make him an Article II "natural born Citizen," but rather only a "citizen of the United States" "at birth." Additionally, if Obama were born in Hawaii, the Fourteenth Amendment would also make him a born "citizen of the United States." This status is also not necessarily that of a "natural born Citizen," for one could be granted that status under that amendment as currently interpreted even though at the time of birth one was born in the United States to one or two alien parents. Born United States citizen status under the Fourteenth Amendment, which only constitutionalized a Congressional Act known as the Civil Rights Act of 1866, is no different from Congress granting through its naturalization powers born "citizen of the United States" status except that one is receiving that status from the Constitution rather than a Congressional Act. As it relates to federal citizenship, the purpose of the Fourteenth Amendment was to grant born "citizen of the United States" status to those who were born in the United States while "subject to the jurisdiction thereof." Its purpose was not to amend the definition of an Article II "natural born Citizen" which would have changed the eligibility requirements to be President (like changing the age or residency requirements). Such a drastic change to the Constitution and to the eligibility requirements to be President and Commander in Chief would have had to be done by explicit constitutional amendment and not by stealth.
The commentator is rather dishonest to, for his convenience, misquote the Congressional Acts by injecting into them the phrase "natural born Citizen." There is no such Act (except for the Naturalization Act of 1790 that contained the phrase but which was repealed in 1795) which contains the clause. Congress only has the constitutional power under Article I, Section 8, Clause 4 to make uniform the naturalization laws. While that power includes making persons naturalized citizens "at birth," that power does not include making anyone an Article II "natural born Citizen," which status is not made by operation of positive or municipal law but rather by natural law and the law of nations and which is one of the requirements for Presidential eligibility and like age and residency, cannot be changed by Congress without a constitutional amendment.
Mario Apuzzo, Esq.
May 17th, 2010 Source. [END]
BIRTHER REPORT RECAP & UPDATES: As previously reported HERE, HERE, HERE, and HERE. Obama's campaign & supporters posted 4 different images of a Certification of Live Birth on the Internet. Several document and computer image experts have deemed the Obama COLB(s) as fakes. If you have not yet researched the Obama COLB then this report from the Post & Email will explain it point by point. More from previous reports below the P&E report.
Via the Post & Email; - Obama’s Forged “Certification of Live Birth”: The Evidence - DID FACTCHECK PROVIDE THE LINK BETWEEN THE OBAMA CAMPAIGN AND THE 2008 PASSPORT FILE BREACHES? ...must read report HERE. ...and HERE & HERE & HERE.
Before you go there check out the 4 different Obama COLBs posted online by Obama's campaign. Also, if you missed it, meet the only 2 people to examine the Factcheck.org COLB(s), and one of them wasn't Bill O'Reilly;
1) Daily Kos COLB; http://palabre.files.wordpress.com/2009/09/bo_birth_certificate-kos.jpg
2) Fight the Smears COLB; http://www.fightthesmears.com/images/28.jpg
3) Factcheck.org COLB with seal; http://www.factcheck.org/UploadedFiles/birth_certificate_5.jpg
4) Factcheck.org COLB without seal; http://www.factcheck.org/UploadedFiles/birth_certificate_3.jpg
Everyone must view all the research compiled at this site; http://nobarack08.wordpress.com/
5/12/10 - Obama's 'CERTIFICATION of Live Birth' form reveals Birth Registration FILED but never fully ACCEPTED! - Source.
Flashback from the Right Side of Life; Meet the only 2 people to ever "examine" Obama's SHORT-FORM COLB's.
The two FactCheck.org employees who were granted access to Obama’s bogus Certification of Live Birth (COLB) are NOT document examiners or experts. Joe Miller has a Ph. D. in Political Philosophy — so he’s a political operative — while Jess Henig has an M.A. in English Literature — I’m not sure her dye-job is a political or esthetic statement.They are a couple of partisan Obots — just what you’d expect — Jess took the photos presented on their webpage and did all of the writing, while Bob basically held the COLB open for Jess to photograph — suitable work for a Ph. D.
Those two are completely unqualified to perform any kind of forensic examination of any document, and FactCheck.org knows it — and so do Henig and Miller.
FactCheck does say their, “representatives got a chance to spend some time with the ‘birth certificate,’ and we can attest to the fact that it is real and three-dimensional and resides at the Obama headquarters in Chicago.” In my mind, that clearly shows they were working with and for the Obama Campaign and that Obama and his people are involved in this lie. Much more HERE.
And this; - Blogger manipulates birth certificate image, undermining Obama claims - Jay McKinnon, a self-described Department of Homeland Security-trained document specialist, has implicated himself in the production of palpably fake Hawaii birth certificate images similar to the one endorsed as genuine by the Barack Obama campaign, and appearing on the same Daily Kos blog entry where the supposedly authentic document appears. Much more HERE and HERE.
And this oldie; Hawaii Officials refuse to verify president's online COLBs images released by Obama's campaign and FactCheck.org...
In response to a direct question from WND, the Hawaii Department of Health refused to authenticate either of the two versions of President Obama's short-form Certificate of Live Birth, or COLB, posted online – neither the image produced by the Obama campaign nor the images released by FactCheck.org. Janice Okubu, the public information officer for the Hawaii DOH, also had no explanation for why Dr. Fukino's initial press release last October and subsequent press release also avoided declaring the posted images to be of authentic documents.
FactCheck.org, an organization funded by the same left-leaning Annenberg Foundation that also employed Barack Obama and former Weatherman radical bomber Bill Ayers, produced a short-form Obama COLB that was very different in appearance than the campaign released. Source. And much more HERE.
Forgery is nothing new to the Obama campaign, via Debbie Schlussel; Obama’s Selective Service Draft Registration Raises Serious Questions.
Did President-elect Barack Hussein Obama commit a federal crime in September of this(last) year? Or did he never actually register and, instead, did friends of his in the Chicago federal records center, which maintains the official copy of his alleged Selective Service registration commit the crime for him?
It’s either one or the other, as indicated by the release of Barack Obama’s official Selective Service registration for the draft. The full investigative report is HERE.
5/11/10 - About time WND; Investigators: Obama using Connecticut issued Soc. Sec. Number... - Source.
And via Give us Liberty; EXPLOSIVE...more proof that AKA OBAMA is a fraud and very likely not even an American citizen!... - Obama conspiracy – It’s no longer just a theory - A man who fails to register with SS before turning 26 may find that some doors are permanently closed. This is a must read HERE.
Bonus; CONFIRMED: Factcheck.org Published Bogus Fact Regarding Obama’s British/Kenyan Citizenship. We can report that it has been conclusively established – the Factcheck.org report contains false information. Factcheck.org – Inaccuracy #1: Obama’s Kenyan Citizenship did not expire on Aug 4, 1982. Factcheck.org was absolutely wrong when they reported Obama’s Kenyan citizenship expired on Aug 4, 1982.
Factcheck.org – Inaccuracy #2: While Obama’s status as a British citizen may have been short lived, Factcheck.org failed to state that his status as a British subject was not short lived. Research has discovered multiple legal mechanisms which have the potential to establish that Obama is now a full citizen of Kenya as well as the United Kingdom, the European Union, the Commonwealth of Nations and the Republic of Indonesia. Source.
Will any person in the media ever mention what is going on in Hawaii?
News Recap: We don't care what you or the State of Hawaii says. WE HAVE A RIGHT TO KNOW THE BACKGROUND OF THE PERSON WE EMPLOY! Hawaii is obligated by their own laws to release records they used to make public statements that Obama is a "natural born Citizen."
Via the Associated Press; By MARK NIESSE, Associated Press Writer – 3/17/10 - Hawaii considering law to ignore Obama 'birthers' -
HONOLULU – Birthers beware: Hawaii may start ignoring your repeated requests for proof that President Barack Obama was born here.
"Sometimes we may be dealing with a cohort of people who believe lack of evidence is evidence of a conspiracy," said Lorrin Kim, chief of the Hawaii Department of Health's Office of Planning, Policy and Program Development.
So-called "birthers" claim Obama is ineligible to be president because, they argue, he was actually born outside the United States, and therefore doesn't meet a constitutional requirement for being president. [NOT TRUE, IT REALLY DOESN'T MATTER WHERE OBAMA WAS BORN.]
Hawaii Health Director Dr. Chiyome Fukino issued statements last year and in October 2008 saying that she's seen vital records that prove Obama is a natural-born American citizen.
But the state still gets between 10 and 20 e-mails seeking verification of Obama's birth each week, most of them from outside Hawaii, Kim said Tuesday.
A few of these requesters continue to pepper the Health Department with the same letters seeking the same information, even after they're told state law bars release of a certified birth certificate to anyone who does not have a tangible interest. Responding wastes time and money, Kim said.
Both Fukino and the state registrar of vital statistics have verified that the Health Department holds Obama's original birth certificate.
The issue coincides with Sunshine Week, when news organizations promote open government and freedom of information.
"Do we really want to be known internationally as the Legislature that blocked any inquiries into where President Obama was born?" asked Rep. Cynthia Thielen, R-Kaneohe-Kailua. "When people want to get more information, the way to fuel that fire is to say, 'We're now going to draw down a veil of secrecy.'"
Nobody at the hearing questioned the fact that the president was born in Hawaii.
Attorney Peter Fritz asked why the state would pass a law punishing repetitive requests for open records. Instead, the state could simply say it would only answer each person's question once.
If the measure passed, the state Office of Information Practices could declare an individual a "vexatious requester" and restrict rights to government records for two years.
The committee will schedule a vote on the measure, said Chairman Jon Riki Karamatsu, D-Waipahu-Waikele. The measure is SB2937. On the Net: Hawaii Legislature, http://capitol.hawaii.gov -end Source.
The problem is Mark(ap) is only reporting about the law that is about to be passed(or not). He ignores the fact the law will be used to further obfuscate laws already on the books. Below are reports compiled from the past year on the Hawaii DoH(not in order).
UPDATE(5/13/10) - Hawaii Gov Linda Lingle Does Away with Freedom of Information, Signs Law Denying Access to Obama's Birth Records. - More here.
- Hawaiian Law Demands Obama records be made public - Hawaii officials are breaking Hawaiian law in not disclosing how they came to the public declarations made on October 31st, 2008 and July 27th, 2009 and now May 2nd, 2010. The hole Hawaiian officials had dug themselves with these declarations is deep, and there is no legal ladder out, other than to make public the resources and information they used in order to come to their conclusions. more HERE.
- Barack Obama and State of Hawaii on the ropes - According to law, the State of Hawaii must now disclose how it came to the decision that is found in Director Fukino’s July 27th Press Release that was approved by the State’s Attorney General. Haw. Rev. Stat. 28-4 states very clearly that formal opinions of the Attorney General must be made public. Further, the Hawaiian Office of Information Practices in 1991 formally set out the requirements that informal opinions of the AG must also be made available for public inspection. According to Donofrio, under the Uniform Rules of Evidence (Rule 510): “when the conclusions of an informal Attorney General opinion are made public by the agency/client, then the accompanying record of that opinion must also be disclosed to the public:” more HERE.
- HI Officials Don’t Like Questions; Stats In; Complaint Filed; Attorney: Questions OK - more HERE. more archives at the Right Side of Life HERE.
- HI Director of Department of Health Perjures Herself before HI Senate Committee - STATEMENTS SEEN AS ATTEMPT TO DEFEND HERSELF AND DEPARTMENT FROM INQUIRIES REGARDING CONFLICTING PUBLIC STATEMENTS ON OBAMA’S VITAL RECORDS. more HERE.
- HI Department of Health Publicly rebuffs inquiries for Obama’s vital records - DOSSIER OF EXCUSES APPEARS ON WEB IN LAST 6 HOURS? more HERE.
- HI Department of Health refuses OIP’s request -
THAT THEY DISCLOSE PUBLIC DOCUMENTS BY DEC. 21st. more HERE. Complete archive of reports from the Post & Email can be viewed HERE.
Leo Donofrio's reports; TerriK INVESTIGATION – PART 1: Hawaii Department of Health Directors Fukino and Okubo Are Guilty of Misdirection. more HERE.
TerriK INVESTIGATION, PART 2: OIP Staff Attorney Linden Joesting’s Response to TerriK’s Appeal Appears To Confirm That The DoH Maintains Amended Vital Records For President Obama. more HERE.
TerriK INVESTIGATION, Part 3: Hawaii AG Mark Bennett Approved Fukino’s Natural-Born Citizen Statement; All Records Should Be Made Public According To Law. more HERE.
DoH Reverses Course – Releases Index Data For President Obama, Stanley Ann and Barack, Sr; No Records For Maya Exist. more HERE.
OKUBO CAUGHT AGAIN: Admits Providing False Information Regarding DoH Maintenance Of Divorce Records. more HERE.
Complete archive of Donofrio's reports can be viewed HERE. More HERE at Butterdezillion Blog.
Before the above proposed law; - Bill would force Obama to reveal birth documents - Hawaii senator: 'Why wouldn't they be available to the public?' Hawaii state Sen. Will Espero, a Democrat, has confirmed plans to introduce legislation through which the state's lawmakers would force the public disclosure of all President Obama's birth documents held by the Hawaii Department of Health, including President Obama’s long-form original birth certificate.
Espero told WND his bill is aimed at "giving citizens access to birth records" under a standard of government transparency which would permit journalists to request in writing the public disclosure of vital birth records including long-form birth certificates of all persons born in Hawaii. He said it would include the release of birth records on those previously born in Hawaii. more HERE.
- Officials confirm 'Obama document' not necessarily accurate - The online image posted by the Obama campaign of a "Certification of Live Birth" continues to be used as a source of documentation for the president's birth place, even though previous reports have revealed there is little proof that can be derived from the document.
A new example came just as news broke of the statement by Hawaii State Health Director Chiyome Fukino that she had reviewed the "records" and confirmed that "Barrack Hussein Obama" was born in Hawaii. more HERE.
- Hawaii Officials refuse to verify president's online COLBs images released by Obama's campaign and FactCheck.org - In response to a direct question from WND, the Hawaii Department of Health refused to authenticate either of the two versions of President Obama's short-form Certificate of Live Birth, or COLB, posted online – neither the image produced by the Obama campaign nor the images released by FactCheck.org. Janice Okubu, the public information officer for the Hawaii DOH, also had no explanation for why Dr. Fukino's initial press release last October and subsequent press release last week also avoided declaring the posted images to be of authentic documents. more HERE.
Let us see what some have said about this issue over the last year;
"Hawaii state law won't allow them to release it unless the president authorizes it. So what's the problem here? Release the original and let's be done with this madness. John McCain faced similar questions and promptly responded by releasing his original birth certificate. That's how normal people with nothing to hide handle these things" - Mark Joseph - July 30, 2009 - Huffington Post columnist Source.
Huffington Post Blogger Carol Swain, a professor of political science and law at Vanderbilt University, says President Obama should just release his original long-form birth certificate and have done with the dispute. "I believe that the president should end the speculation by being transparent about all aspects of his background," Swain said. "In fact, it can be argued that the president belongs to the people and to scholars, biographers and others who are entitled to know every aspect of his past. Swain said the president is inexplicably fueling the controversy.
"The very fact that Obama has fought tooth and nail to prevent any release of his original long-form birth certificate- as well as other documentation- "suggests there's something that the president has decided not to share with the public." Source.
Feminist Camille Paglia: Birthers have a point. Tells radio audience 'there are legitimate questions about the documentation'. Feminist icon Camille Paglia, a Salon.com columnist who earlier wrote about the ambiguities of President Barack Obama's birth certificate, now has told a National Public Radio audience that those who have questions about his eligibility actually have a point.
Talking to the NPR program "On Point" this week, she provided a defense to the citizens who carried protest signs asking "Where's The Birth Certificate" at the recent protests that drew hundreds of thousands to Washington.
Paglia, a professor of humanities and media studies at the University of the Arts in Philadelphia and Salon.com columnist, earlier wrote, "Yes, there were ambiguities about Obama's birth certificate that have never been satisfactorily resolved. And the embargo on Obama's educational records remains troubling." Source. More HERE and HERE from World Net daily.
My favorite; Media actually probed other candidates Records except Obama's. In the last 18 years, highly personal information has been published about presidential candidates, including divorce and alimony details, drunk driving arrest records, college grades, urinalysis results, prostate cancer surgery- even details about George W. Bush's hemorrhoid troubles.
The media have dredged up medical, military, college and detailed records for Republican and Democratic Party candidates in at least the last five elections. Candidates were subject to intense scrutiny of their health conditions, academic performance and military careers.
However, while such private information about other candidates was divulged, we still have yet to see President Obama present his elusive long-form birth certificate and most other documents that remain unreleased or otherwise blocked from the public eye. Source.
Previous reports on the Hawaii DOH, HERE. Check back daily for updates!
Member of the Kenyan Assembly on March 25th, 2010, admits that Obama was born in Kenya. See page 31
Member of the Kenyan Assembly on March 25th, 2010, admits that Obama was born in Kenya.
Current Minister of Kenyan Government Declares Obama "was born here in Kenya" and Is Not a “native American” - http://puzo1.blogspot.com/2010/04/current-minister-of-kenyan-government.html
Kenyan Parliament on Obama...The Country Which He Originates From... page 17 Col 2
Kenya Parliament Minutes 5Nov08
Or these from Michelle Obama:
Citizen v natural born Citizen-It's Don't Ask Don't Tell-20100301 Issue Wash Times Natl Wkly - pg 5