Tuesday, December 09, 2008

Another Twist In Obama’s Citizenship Case

The Supreme Court is finishing up its deliberation today on whether or not they will hear the case of Obama’s citizenship.

By de Andrae

With protesters gathering and praying on the front steps, the U.S. Supreme Court met again in conference today to discuss whether or not to hear a case challenging Barack Obama's eligibility to be president.

Even if Obama was born in the United States at the very least Obama holds dual citizenship with the U.K. said writer and protester Roger Bredow. Like Obama, Bredow is "A British citizen, and a citizen of the United States, at birth."

According to Bredow – and the case the Supreme Court reviewed today – even dual citizenship makes Obama ineligible to take the oath of office. Apparently Kenya at the time of Obama’s fathers birth was under British control and anyone born in Kenya at that time was a British citizen, making Obama’s father a British citizen and even if Obama was physically born in the U.S. he would by law hold dual citizenship British and American, making him ineligible to run for president of the United States. This coupled with the fact that Indonesia does not allow any kind of dual citizenship and requires that students attending public school be citizens of Indonesia, he would have been forced to give up any other citizenship he might of had. So no matter what country Obama was a citizen of, he would not be a natural born citizen of the United States under U.S. Constitutional law. No one knows what Passport Obama traveled on to Pakistan, American, British, Kenyan, or Indonesian. Moreover, no one really knows what his name is. Is it Barack Hussein Obama or Barry Soetoro or Barry Obama or Barry Dunham???

That being said it is still highly doubtful that the Supreme Court will decide to hear the case, if for no other reason than it would open up a can of worms as well as making America an embarrassment to the rest of the world.

The case of Leo Donofrio verses New Jersey Secretary of State Nina Mitchell Wells, which claims Obama does not meet the Constitution's Article 2, Section 1 "natural-born citizen" requirement for president, was initially denied a hearing by Supreme Court Justice David H. Souter, but Justice Clarence Thomas agreed to bring it back for review again today. In order to go forward in the process, the case needs four of the Supreme Court's nine justices to approve a full hearing.

In the Picture "To be honest with you," Bredow confessed, "I thought I might be the only person here in front of the Supreme Court today."

Donofrio's original suit sought a court order to stop the Nov. 4 presidential election. When that was denied, he amended his complaint to stop the Electoral College from certifying Obama as the winning candidate when it meets Dec. 15.

Unlike many of the lawsuits regarding Obama's "natural-born citizen" status, the Donofrio case makes no allegation that Obama was born on foreign soil. Instead, Donofrio contends Obama was a British citizen at birth, because of his fathers citizenship in Kenya, a British colony.

"Don't be distracted by the birth certificate and Indonesia issues," Donofrio writes on his Natural Born Citizen blog. "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.”

Obama's website confirms that Donofrio is correct about the Democrat's citizenship at birth, but says his dual citizenship with Britain expired, leaving him with only American citizenship.

Donfrio, however, contends that the Constitution was written in such a way to exclude dual citizens like Obama.

"The Framers of the Constitution, at the time of their birth," Donofrio writes, "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."

"Therefore," Donofrio summarizes, "even if he were to produce an original birth certificate proving he was born on U.S. soil, he still wouldn't be eligible to be president."
The Donofrio's case is only one of many cases challenging Obama's eligibility to be elected president under the Constitution.

The California case states, "There is a reasonable and common expectation by the voters that to qualify for the ballot, the individuals running for office must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process," the complaint said, when in fact the only current documentation is a signed statement from the candidate attesting to those qualifications.

"Since [the secretary of state] has, as its core, the mission of certifying and establishing the validity of the election process, this writ seeks a Court Order barring SOS from certifying the California Electors until documentary proof that Senator Obama is a 'natural born' citizen of the United States of America

"This proof could include items such as his original birth certificate, showing the name of the hospital and the name and the signature of the doctor, all of his passports with immigration stamps, and verification from the governments where the candidate has resided, verifying that he did not, and does not, hold citizenship of these countries, and any other documents that certify an individual’s citizenship and/or qualification for office.

The "certification of live birth” posted by the Obama campaign is just that, a "certification of live birth” and not an official American birth certificate and cannot be viewed as authoritative for proof of citizenship, the case alleges.

"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."

The case also raises the circumstances of Obama's time during his youth in Indonesia, where he was listed as having Indonesian citizenship. Indonesia does not allow dual citizenship, raising the possibility of Obama's mother having given up his U.S. and British citizenship.

Any subsequent U.S. citizenship then, the case claims, would be "naturalized," not "natural-born.” A technicality maybe, but that is the way the law is.

de Andréa

3 comments:

smrstrauss said...

The Supreme Court threw out the Donofrio case yesterday.

Ted said...

from itooktheredpill.wordpress.com:

The truth is that the Supreme Court did NOT “deny cert” to Leo Donofrio yesterday. The truth is the Supreme Court did NOT “turn down” Donofrio’s case yesterday. The truth is that Leo Donofrio’s case is still “PENDING” at the Supreme Court, and the court only denied the application to stay an election.

...the election that Donofrio had been trying to stay was the November 4th election (he hurriedly filed his case on November 3rd to do so).

So, it is logical that the court would, on December 8th, deny an application to stay an election that already happened on November 4th.

Donofrio’s case is still PENDING.

MONDAY, DECEMBER 8, 2008
ORDERS IN PENDING CASES

08A407 DONOFRIO, LEO C. V. WELLS, NJ SEC. OF STATE
The application for stay addressed to Justice Thomas and referred to the Court is denied.

CERTIORARI DENIED
[Note the ABSENCE of Donofrio's case here]

Donofrio’s case is NOT listed under CERTIORARI DENIED.

Everyone should take another look at the order list from the SCOTUS yesterday.

Not only was Donofrio’s case NOT denied certiorari, but a third case (Cort Wrotnowski vs. Susan Bysiewicz, Connecticut Secretary of State) was referred to the Court by Justice Scalia - distributed for conference this coming Friday:

Dec 8 2008 DISTRIBUTED for Conference of December 12, 2008.
Dec 8 2008 Application (08A469) referred to the Court by Justice Scalia.

It sounds like Donofrio may have called this correctly earlier today:

On the chance that SCOTUS was looking at both my case and Cort’s case, I must stress that Cort’s case does not have the same procedural hang up that mine does. It may be that without a decision on the Judicial misconduct allegation correcting the NJ Appellate Division case file, SCOTUS might have been in the position of not being able to hear my case as it would appear that my case was not before them on the proper procedural grounds.

I did file a direct appeal under the proper NJ Court rules, but the lower Court judge refused to acknowledge that and if his fraudulent docketing was used by SCOTUS they would have a solid procedural basis to throw mine out.

Friday could turn out to be a very, very big news day.

Unknown said...

Absolutely right. And having been caught in a lie doesn't help his case any. (Though a 2 week old news interview with one of his staff members appears to have been retracted as a "misspoken comment" since the release of the Illinois Gov.)

The terrible truth regarding this whole debacle is that the Campaign knew over a year ago that there is sufficient merit for this case to be heard. Denying or ignoring such a case violates their oath of office. Furthermore, the fact that refusing to provide his original constitution that is on Microfilm in Hawaii in itself is violating his oath to protect the Constitution, which requires that any question as to Constitutional Eligibility should have been answered long before the election. They have intentionally put this country in Jeopardy when the decision to ignore at all costs any request for eligibility.

I just hope this doesn't invoke some sort of terrorizing event in order to delay proceeding. (McCain also is ineligible because he already conceded. so either a choice is made from the remaining candidates... Or a re-election is required.