Thursday, May 16, 2013

Obama's Ineligibility - What we know for sure.

Back on August 8, 2009 I wrote this:  this may be the only certificate on Kenyan file today if British documents were sent to the UK for archiving leading up Kenya becoming an independent nation.

British National Archives show a son was born to Obama Sr. in 1961 in Kenya

What we know for sure:
# 1
We know that records indicate that Obama’s biological father was Barack Obama Sr, a Kenyan native, and a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.’s children.  We know that the geographical location of Barack Obama, Junior’s birth is not considered by British law.  Who the father was determines citizenship.  Had Barack Obama Junior been born in Tokyo he would still be a citizen of the United Kingdom under The British Nationality Act.
British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.
In other words, at the time of his birth, Barack Obama Jr. might have been a U.S. citizen (by virtue of his allegedly being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. 

# 2
Obama’s British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that:
1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…
2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.
As a citizen of the UKC who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963. …
# 3 There is not significant evidence that Barack Obama Jr. is a citizen of the United States.  The Certificate of Live Birth posted on the internet is not evidence of Obama being born in Hawaii.  There is convincing evidence that the COLB is forged but that may not be relevant as to proof of birthplace because it isn’t really evidence of anything except document fraud. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child's birth, claimed Hawaii as their place of residence. The only way to know where Senator Obama was actually born is to view Senator Obama's original birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him.  Obama is a lawyer who taught constitutional law.  He knows this and it explains why he is keeping his birth records secret.

# 4 If Obama was born outside the United States and only had his birth registered in Hawaii the fact that his mother was a U. S. citizen does not confer citizenship upon Obama.  If only one parent was an American citizen the law required one parent to have been an American citizen for at least 10 years – five of which had to have happened after the age of 16. Since Obama's mother was only 18 at the time of Obama's birth, he would not qualify as an American citizen if his grandmother is right about him being born in Kenya.

Now, what might be the outcome of decisions based on these facts?   I have no idea but I am confident that I have been clear about what we know for sure.

Comment: Don’t be distracted by the birth certificate and Indonesia issues. They are irrelevant to Senator Obama’s ineligibility to be President. Since Barack Obama’s father was a Citizen of Kenya and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama’s birth, then Senator Obama was a British Citizen “at birth”, just like the Framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on US soil, (not likely given all the effort to keep it hidden) he still wouldn’t be eligible to be PresidentPersons who have at one time been citizens of another country can not serve as President even if they were born in the Untied States with two American parents.  Example:  I was born in Iowa and both of my parents were American citizens.  If at sometime in my life I became a citizen of Sweden I could no longer serve as President of the United States in spite of the circumstances of my birth.
The Framers of the Constitution, at the time of their birth, were also British Citizens and that’s why the Framers declared that, while they were Citizens of the United States, they themselves were not “natural born Citizens”. Hence their inclusion of the grandfather clause in Article 2, Section 1, Clause 5 of the Constitution:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President.
The Framers wanted to make themselves eligible to be President, but they didn’t want future generations to be Governed by a Commander In Chief who had split loyalty to another Country. The Framers were comfortable making an exception for themselves. They did, after all, create the Constitution. But they were not comfortable with the possibility of future generations of Presidents being born under the jurisdiction of Foreign Powers, especially Great Britain and its monarchy, who the Framers and Colonists fought so hard in the American Revolution to be free of.
The Framers declared themselves not eligible to be President as “natural born Citizens”, so they wrote the grandfather clause in for the limited exception of allowing themselves to be eligible to the Presidency in the early formative years of our infant nation.
But nobody alive today can claim eligibility to be President under the grandfather clause since nobody alive today was a citizen of the US at the time the Constitution was adopted.
The Framers distinguished between “natural born Citizens” and all other “Citizens”. And that’s why it’s important to note the 14th Amendment only confers the title of “Citizen”, not “natural born Citizen”. The Framers were Citizens, but they weren’t natural born Citizens. They put the stigma of not being natural born Citizens on themselves in the Constitution and they are the ones who wrote the Document.
Since the the Framers didn’t consider themselves to have been “natural born Citizens” due to their having been subject to British jurisdiction at their birth, then Senator Obama, having also been subject to British jurisdiction at the time of his birth, also cannot be considered a “natural born Citizen” of the United States.
Barack Obama’s official web site, Fight The Smears, admits he was a British Citizen at birth.

Since Obama had dual citizenship “at birth” and therefore split loyalties “at birth”, he is not a “natural born citizen” of the United States. A “natural born citizen” would have no other jurisdiction over him “at birth” other than that of the United States. The Framers chose the words “natural born” and those words cannot be ignored. The status referred to in Article 2, Section 1, “natural born citizen”, pertains to the status of the person’s citizenship “at birth”.
# 4 Barack Obama Jr. was also a citizen of Indonesia

Obama's school registration papers as a child in Indonesia – the world's most populous Muslim nation – showing the presidential candidate listed as a "Muslim" with "Indonesian" citizenship.

Indonesian law at the time also did not recognize dual citizenship, meaning if Obama became Indonesian, then as far as that country was concerned, his U.S. citizenship was no longer recognized by Indonesia. But U.S. law would still recognize Obama as an American citizen.
In a revelation that raised a few eyebrows, Obama last April disclosed he traveled as a college student to Pakistan in 1981.
"I traveled to Pakistan when I was in college – I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee," Obama reportedly stated at a fundraising event.
The senator had not previously discussed any trip to Pakistan, either in his books or in scores of policy talks regarding Pakistan.
Prompted by Obama's statements, ABC News contacted the presidential candidate's campaign, which affirmed that in 1981 – the year Obama transferred from Occidental College to Columbia University – Obama visited his mother and sister Maya in Indonesia. Obama then went on to Pakistan with a friend from college whose family was from that country, the campaign said.
Obama was in Pakistan for about three weeks, said the campaign, staying with his friend's family in Karachi and also visiting Hyderabad in Southern India.
Pakistan in 1981 was under military rule. It was difficult for U.S. citizens to travel to the country without assistance. It would have been easier for someone to enter Pakistan on an Indonesian passport.
If Obama indeed possessed Indonesian citizenship as a child, it is unlikely he retains such citizenship. The country's bylaws require any Indonesian citizen living abroad for more than five years to formally declare his intention to return, otherwise risk losing his citizenship status. The law does not necessarily mean Indonesian citizenship would be immediately lost. The law can be overruled by ministerial order.
Obama's registration in Indonesia under the name "Barry Soetoro" also raises questions as to whether he adopted that name in the U.S. at any time. According to Illinois state filings, when Obama registered as an attorney in 1991, under the name Barack Obama, he stated he did not have any former names which is not accurate.   The list of aliases includes: Barry Obama, Barry Soetoro, Barack Soetoro, Barry Dunham, and Barack Dunham.


Ann filed for Divorce Jan. 20, 1964 (Inauguration Day – what are the odds?), and the date was set by the presiding judge for the trial to commence 30 days after Obama SR would have responded to his notification, sent to Cambridge, Mass (Cambridge – what are the odds? ).

Judge Samuel P. King who granted the divorce – last I heard was retired and alive (for now) in his 90s in Hawaii — MAY or MAY NOT have asked to see the Marriage Certificate. BUT, I bet Judge King asked to see Obama JR’s Birth Certificate to confirm Ann’s claims that Obama SR was in fact the father. That is “standard” policy to have a Birth Certificate in case the mother asks for child support from the father (or Welfare) later after the divorce. Judge King probably told Ann to produce a birth certificate before or at trial, which would have been sometime in mid- to late-February 1964 HAD Obama SR answered his notice that was sent to Cambridge.

When Judge King wrote the order on Jan. 23, he had his clerk notify Obama SR via what’s referred to as a “knock and nail”. That is, the postman leaves the notification on the door for (generally) 10 days and retrieves it after that time passes — signed or unsigned. That order was sent on Jan. 23 via airmail from Hawaii and was probably posted on Obama SR’s door Jan. 27-28.

Obama SR’s notification was unsigned by him and apparently IGNORED — either he didn’t want to accept it OR he was NOT at that location.

However, Judge King granted the divorce to Ann Obama (which changed back to Ann Dunham) exactly 60 days from when the original order was request by Ann by default.

NOW, my guess is that Judge King asked to see Obama JR’s Birth Certificate before he’d be willing to grant the divorce, either at trial or by default on March 20, 1964. Ann probably didn’t have the birth certificate when she filed on Jan 20. That’s when this birth certificate would have been generated — before trial for the 1964 divorce.

Important side note: the Certificate issue date of Feb 17, 1964, is JUST A FEW SHORT MONTHS AFTER KENYA BECAME INDEPENDENT on Dec. 12, 1963. TO THIS DATE, this may be the only certificate on Kenyan file today if British documents were sent to the UK for archiving leading up Kenya becoming an independent nation.

If you note the date on the Certified Copy, it was created by the Registrar in Kenya on Feb. 17, 1964. The Kenyan Birth Certificate would have been issued in the midst of the divorce — AFTER the divorce was filed by Ann in Hawaii on Jan. 20, but BEFORE the divorce was granted by Judge King on March 20.

Furthermore, it’s quite plausible that once Ann actually had this Kenyan birth certificate in her hands, and the divorce was granted on March 20, her attorney, George Kerr, counseled her on Hawaiian birth certificate “loopholes” and told her how to file for a Hawaiian “Certificate of Delayed Birth” to get Welfare or OTHER support for young Obama as a child of a non-supporting foreign national.

As Hawaiian law allows, that CODB could have been “upgraded” later to a “Certificate of Live Birth” in the 60s or 70s, which would then be a “root document” of the shorter “Certification of Live Birth” we see today presented as proof of birth from Barack Hussein Obama II.

I can’t vouch for the veracity of the Kenyan birth certificate itself, not knowing how or from whom Orly obtained the birth certificate (the chain of evidence). It may have been obtained quite surreptitiously from the only filed Kenyan birth certificate record copy requested — likely generated from the 1964 divorce.

It’s QUITE possible that all other copies of this Kenyan birth certificate may have been scrubbed from Kenyan archives, but this one may have survived in a lone Vital Statistics office somewhere in Kenya not known about until now.

HOWEVER — the dates DO “line up” for the Kenyan Birth Certificate to be REAL.

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