IMO, the timing of this citation by Obama and his legal team shows “consciousness of guilt” that he is actively hiding his actual foreign birth, which most likely would be in Kenya. The defendant in the Marguet-Pillado case was born in Mexico to a Mexican citizen mother and had stipulated in an earlier trial (reversed and remanded) that the US citizen named Marguet that appeared on his Mexican birth certificate was not his natural father. Why would Obama cite to a case which adds nothing at all towards establishing his eligibility if he were, in fact, born in the US? Here is the Opinion from the case, which does not appear to apply to Obama at all:
OPINION
GWIN, District Judge:
"Defendant-Appellant Carlos Marguet-Pillado ('Marguet- Pillado') appeals his conviction for being a previously removed alien found in the United States, in violation of 8 U.S.C. § 1326. With his appeal, Marguet-Pillado argues that the district court erred in refusing to give a requested jury instruction. The instruction would have permitted Marguet-Pillado to argue that the government had failed to establish that Marguet-Pillado was an alien who had not obtained derivative citizenship from his step-father, a United States citizen listed on Marguet-Pillado’s birth certificate as his father. The district court rejected the instruction after finding that an earlier appeal in this case relieved the government of the burden of establishing alienage in the second trial. Because we find that in the second trial, Marguet-Pillado could require the government to come forward with proof that Marguet-Pillado was an alien and did not have derivative citizenship, we REVERSE Marguet- Pillado’s conviction and remand this case for a new trial."
If born in Kenya, whether Obama would even be a US citizen at birth (natural born or not) would depend on whether his parents were legally married. INS records show that BHO Sr. was deported based substantially on suspicion that he had entered into a bigamous marriage with Stanley Ann Dunham. Below are the State Department rules for married vs unmarried foreign births with a US citizen mom:
http://travel.state.gov/law/citizenship/citizenship_5199.html
“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) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions 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, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.) The U.S. citizen parent must be genetically related to the child to transmit U.S. citizenship.”
“Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:
“A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.”
Ironically, if Obama was born in Kenya it would be to his advantage for him to have been born out-of-wedlock because, as can be seen above, his mother meets the residency requirement to pass citizenship to him if she was single while she does NOT meet the residency requirement to pass citizenship to him if she were legally married to BHO Sr.
Bottom line is that the Obama legal team is now claiming that Marguet-Pillado applies to Obama and that case would make the out-of-wedlock Kenya-born child of an eighteen-year-old US citizen mother a "natural born citizen" according to the two-judge 9th Circuit majority and eligible to be president of the United States according to the Obama legal team. This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:
www.law.cornell.edu/supct/html/.../USSC_CR_0088_0162_ZO.html
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”
Note that the Congressional Research Service has also jumped to endorse the Marguet-Pillado case as affirming that a foreign born child biologically-related to a US citizen is a citizen at birth and thus a natural born citizen and thus eligible to be POTUS:
http://www.scribd.com/doc/74176180/Qualifications-for-President-and-the-%E2%80%9CNatural-Born%E2%80%9D-Citizenship-Eligibility-Requirement
quote
Concerning the contention made in earlier cases that everyone who is made a citizen only by federal statute is a “naturalized” citizen (even those who are made citizens at birth by statute), itmay be noted that the common understanding and usage of the terms “naturalized” and “naturalization,” as well as the precise legal meaning under current federal law, now indicate that someone who is a citizen “at birth” is not considered to have been “naturalized.”
Justice Breyer, for example, dissenting on other grounds in Miller v. Albright, explained that “this kind of citizenship,” that is, under “statutes that confer citizenship ‘at birth,’” was not intended to “involve[ ] ‘naturalization,’” citing current federal law at 8 U.S.C. § 1101(a)(23). The Supreme Court recently recognized in Tuan Anh Nguyen v. INS, that federal law now specifically defines “naturalization” as the “conferring of nationality of a state upon a person after birth,” and thus it could be argued that by current definition and understanding in federal law and jurisprudence, one who is entitled to U.S. citizenship automatically “at birth” or “by birth” could not be considered to be “naturalized.” The United States Court of Appeals for the Ninth Circuit has specifically recognized in a recent case that one may be a “natural born” citizen of the United Sates in two ways: either by being born in the United States, or by being born abroad of at least one citizen-parent who has met the residency requirement. In United States v. Carlos Jesus Marguet-Pillado, a case dealing with the propriety of an appeal based on requested jury instructions not given, the court stated:
No one disputes that Marguet-Pillado’s requested instruction was “an accurate statement of the law,” in that it correctly stated the two circumstances in which an individual born in 1968is a natural born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.
end quote
ping...
It shouldn’t matter if he’s NBC for the next election because nobody should vote for a POTUS who is serving out a conviction for fraud and treason.
Basically Obama’s re-election chances hinge on whether or not we have the rule of law in this country. If we don’t, then ANYBODY could get elected OR usurp the office of the Presidency in any other way. We are in a lawless state right now.
Interesting, though, that they’re starting to switch their strategy to accommodate the possibility that it will be found out that he was foreign-born. Inconceivable, though, that they would think that he would have any chance of being re-elected if it was found that he was born elsewhere and that everything he has presented, and that the whole system claims to have validated, is actually a filthy lie. Clearly they believe that not only the rule of law is gone but also any concern by the PUBLIC for truth. If they think they are this invincible, it suggests to me that they have a way of MAKING SURE that the truth and the rule of law cannot matter.
This sounds like a tacit admission that The Stain KNOWS full and well that he is NOT eligible at all to occupy OUR White House.
That being the case, he needs to be removed IMMEDIATELY!!
Excitedly bookmarked!!!
He learned well from his mentor Bill Ayers. I'm sure his SS# is fraudulent too.
This is a clear cut case of High crimes and Misdemeanors....throw in Treason for good measure. The eligibility matter really doesn't matter anymore.
As someone once said----forgeries are forever.
>>Ironically, if Obama was born in Kenya it would be to his advantage for him to have been born out-of-wedlock because, as can be seen above, his mother meets the residency requirement to pass citizenship to him if she was single while she does NOT meet the residency requirement to pass citizenship to him if she were legally married to BHO Sr.<<
Now, there’s a winning slogan: “Vote for the b*st*rd.”.
This citizenship requirement is just a remnant of quaint ideas held by the writers of the Constitution, which is a living, breathing document that needs to be changed whenever a program or person advances the power and influence of the federal government.
We need more unconstitutional police, too. They watch over us and protect us, so help me, Creator.
A little girl like stanley Ann wasn’t going all the way to Kenya with the married guy who knocked her up. She most likely went to Canada, where all the Seattle girls in trouble disappeared to.
Is there any way to spread that the president is using this case as his defense??
So is Rommey qualifgied to be POTUS? From what I understand he and his father were born in mexico.
The issue is that his alleged "father," Barack Obama, Sr. was not a US citizen, which means that Ann Dunham's son Steve is not a natural born citizen, which means he is ineligible.
ML/NJ
At best,
AT BEST, Barack Obama is a presumed citizen. PRESUMED citizen. Remember Arpaio’s findings in part stated that if Obama were applying for a position in the Sheriff’s office, he would not even begin to pass the first part of the background check, and the documents offer, having found to be “highly suspect” of Fraud would not have gotten him an interview.
No court case is going to save his butt. He hasn’t even proven he is a citizen, let alone a Natural Born Citizen.
This is untrue because it was not the INS practice at all:
My female friend was born in Mexico in 1946 of a US citizen [who was in USA at time of her birth many years except for short sojourn to Mexico to get married there] and a Mexican national mother. Her other siblings were born in USA, thus citizens thru the father and place of birth.
But she had to file every year with INS as resident alien. In order to acquire US citizenship she had to renounce her Mexican citizenship.
This is true because every year since 1965 as paralegal I reviewed her INS alien residency documents before she filed them with INS. She never renounced her Mexican citizenship and still is an alien resident.
There probably thousands of these INS cases from the 40`s and 50`s and 1960`s that prove this practice of the INS.
The proof is in the INS archives, not some ignoramus judge who doesn`t even do any research into the actual practices of the INS going back scores of years.
And that includes the dicta of Wong Kim Ark, also. It is the ruling of Minor vs Happerstat (sp) that matters; not the dicta of Wong Kim Ark or any other such court case.
Just ask all of those kids from the Vietnam War era about being the child of an American citizen born abroad but not registered with a CRBA; even the Amerasian Acts passed in the 1980s only gave legal residency here in the U.S., not citizenship --- and that was only to the lucky few allowed that much. Indeed, even now only about 50% of the 30,000 people who came to the U.S. under the 1987 act have acquired American citizenship.
Vietnamese Amerasians in America.
By the’studying’ same token, I’m sure there’s a legal scholar somewhere that would find a ham sandwich eligible to run for POTUS.
Your title is quite misleading.
Ping
If Obama provided a falsified birth certificate, is that sufficient grounds for impeachment?