OBAMA’S CITIZENSHIP CASE REACHES THE U. S. SUPREME COURT

Tags: birthers, Obama eligibility, natural born, transcript, Fulbright, Occidental College, supreme court

This came to me from a friend.  Be sure and read the comments.

The group “Americans for Freedom of Information” released copies of President Obama’s college transcripts from Occidental College on March 2, 2012.   That action is certain to fuel the debate over Obama’s eligibility to be President of the United States.

The transcript school indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia while he was an undergraduate student.

 Occidental College released the transcript to comply with a court order.  The group won a lawsuit brought by the group in the Superior Court of California.  The transcript shows that Obama, under the name Barry Soetoro, applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship Program.  A student must claim foreign citizenship to qualify for the scholarship.

This document would seem to provide the smoking gun that many of Obama’s detractors have been seeking.  This document, plus evidence that he was first born in Kenya, plus no record he ever applied for US citizenship, casts grounds for a legal challenge.

The news created a firestorm at the White House.  The released document casts increasing doubt about Obama’s legitimacy and qualification to serve as President of the United States.  An article titled, “Obama Eligibility Questioned,” leads some to speculate that the story may overshadow economic issues on Obama’s first official visit to the U.K.

In a related matter, under growing pressure from several groups, Justice Antonin Scalia announced Tuesday, March 6, that the Supreme Court agreed to hear arguments concerning Obama’s legal eligibility to serve as President in a case brought  by Leo Donofrio of New Jersey . This lawsuit claims that Obama’s dual citizenship disqualifies him from serving as President.  Donofrio’s case is just one of 18 suits brought by citizens demanding proof of Obama’s citizenship or qualification to serve as President.

Gary Kreep of the United States Justice Foundation released the results of their investigation of Obama’s campaign spending.  This study estimates that Obama has spent upwards of $900,000 in campaign funds with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records.  Mr. Kreep indicated that the investigation is still ongoing.  The final report will be provided to the U.S. Attorney general, Eric Holder.

Mr. Holder has refused to comment on the matter…

Analysis

I corresponded with two Constitutional lawyers about this matter in an honest effort to get my facts straight.  Here is what I think they shared with me about the issue at hand.

The US Constitution states that the President of the United States must be a “natural born” citizen of the United States.  The only exceptions are the founders.  Unfortunately, the Constitution failed to define “natural born.”  The author of the document hints that a “natural born” citizen requires a higher standard of eligibility than a citizen eligible for any other constitutional elected office, such as a justice, senator or member of Congress.

The matter seems to be settled with a case brought before the Court in 1815.  Bottom line, both biological parents must be U.S. citizens at the time of a citizen’s birth to be “natural born.”

If one follows this logic, it does not matter WHERE a citizen is born.  Some people hold the opinion that a person must also be born within the United States or one of its territories to be “natural born.”  Another suit challenged Senator McCain’s eligibility to be on the Presidential ballot because he was born outside the United States.  The ruling sidestepped the issue by proclaiming that McCain was born on a US military base.  Those facilities, along with US Consulates, are a territory of the USA.

The primary threats to Obama’s eligibility stem from the following evidence.

  1. Obama’s biological father was never a US citizen.  Additionally, Obama’s biological father’s biological parents were never US citizens.  Therefore, Obama’s biological father was not a dual citizen.  Obama failed the test for “natural born” eligibility because only his mother was a US citizen at the time of his birth.
  2. Obama renounced his citizenship when he traveled to Pakistan using a foreign passport at a time when the US denied travel to Pakistan for citizens carrying a US passport.  Obama confirmed his foreign citizenship when or if he applied for and received a Fulbright scholarship to a US College or University and did not mend his ways on or after his 18th birthday.

Distractions (also grounds for legal mischief)

A convicted felon is not eligible to vote or hold any elected public office.  If Obama accepted the Fulbright scholarship under false pretenses, that is felony fraud.  If Obama falsified his long-form birth certificate and spent upwards to $900,000 in legal fees in 11 States to destroy or falsify legal documents with intent to hide his deception about his eligibility, that also is a felony.  If Obama falsified Social Security information by hijacking a dead person’s SS #, that also is a felony.  However, Obama has not been tried and convicted of any of these alleged felonies, so they have no bearing on the case.

According to the investigators (nicknamed “birthers”), Obama’s Indonesian stepfather legally adopted him and renamed him Barry Soetoro.  Technically, Obama would now have dual citizenship with Indonesia through his stepfather, US citizenship through his mother, and the option to become a British subject from his biological father’s Kenyan roots.  At the time of Obama’s birth, Kenya was a protectorate of the British Commonwealth.  People with dual citizenship must declare their allegiance on or before their 21st birthday to retain their US citizenship.   However, Obama did not have to be born in Kenya to receive dual subject/citizenship.  He received the option to become a British subject through his biological father.

Obama was raised by his grandmother, a native of Hawaii.   At that time, Hawaii was a territory, but not a State.  Legal residents of Hawaii became citizens when Hawaii became a US territory.  Was this an inferred declaration of allegiance?  Did Obama move to Hawaii before his 21st birthday?  Did his grandmother legally adopt him?  If so, did this adoption event occur before Obama applied for the Fulbright scholarship?

I sure am glad I am not a Justice of the US Supreme Court.

PS:  According to the comment below, this is an old April Fool joke.  However, my analysis is factual to the best of my ability.

Tags: birthers, Obama eligibility, natural born, transcript, Fulbright, Occidental College, supreme court

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3 Responses to OBAMA’S CITIZENSHIP CASE REACHES THE U. S. SUPREME COURT

  1. The California Supreme Court has agreed to hear the case that challenges Obama’s credentials to be President. It also cites him for falsifying his long-form birth certificate. Florida is doing the same thing. I would expect Texas to do this, but that is somewhat out of character for California, don’t you think? If California’s electors are turned loose along with Florida, what would that do to the electoral college vote?

  2. treefrog says:

    According to the Snopes website, there was no such group as “Americans for Freedom of Information” (AFI) and the dateline of “April 1, 2009″ indicates the original story was an April Fools Day joke: http://www.snopes.com/politics/obama/birthers/occidental.asp.
    Other websites also indicate AFI doesn’t exist: http://amfoi.wordpress.com/
    There is a website with the AFI URL but it was created after the alleged API news release of 4/1/2009 and the owner of the URL claims no connection to that e-mail.

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