Obama Born in Kenya? (New Information) [Update]

*BREAKING* Obama Born in Kenya? (New Information) October 11, 2008 by texasdarlin

Coast Provincial General Hospital, Mombasa, Kenya Judah Benjamin’s analysis follows the Foreword.

Foreword: Those who have followed this blog know that our working assumption has been that Barack Obama was born in Hawaii. We have asserted that Obama’s legal name and citizenship changed when he was adopted by Lolo Soetoro, and that the birth certificate published on Obama’s campaign website does not reflect current records. You can read the previous articles referenced at the end of this post to catch up on our analysis.

I have received information that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals. I am told that these documents are certified, with an embossed seal, and display the name of the hospital where Obama was born, as well as witness signatures.

Reportedly this BC reflects information filed Oct. 9 by Philip Berg. See item #18 on this docket, page 10, the relevant language of which, underlined in red, is captured here in a screen shot:

…Obama was born at Coast Hospital in Mombasa, Kenya located in Coast Province…

We do not currently have any additional confirmation of this new information. If it is an accurate tip, the implications are disastrous for Senator Obama and his backers. For that analysis, we proceed to Judah Benjamin…

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It has been asserted by a number of sources, including Andy Martin, that Barack Hussein Obama was born in Mombasa, Kenya and not in Hawaii. Philip Berg’s Latest Motion to the Court is more explicit since it gives an exact Place of Birth. I must assume that Berg did not simply pluck the Location out of thin air, Mombasa has more than one Hospital, though Coast Provincial General was the best in 1961.

British Birth Certificates have a Standard Format which has been more or less the same since 1837 and they can only be challenged in a British Court. Kenyan Law is explicit and can only be challenged in a Kenyan Court. Indonesian Law is explicit and can only be challenged in an Indonesian Court. Be clear, if Obama was born in Kenya this is not simply a matter for the US Courts, or US Law.

If he was born in Kenya, and his parents were Legally Married [which on the Preponderance of Evidence they were, his father's first "Marriage" being a Tribal, or Village, Marriage, which was not Legally Recognized] due to the age of his mother he would NOT have been a US Citizen. The Immigration and Nationality Act 1952, 8 U.S.C. 1401. Sec. 301 (g) [Effective November 14, 1986] does not apply, nor does Title III, Immigration and Nationality Act Section 309. [8 U.S.C. 1409].

Unless he has taken the Oath of Allegiance as a Naturalized Citizen since he was 18 years old, and if he was born in Mombasa, Kenya, Barack Hussein Obama II would not be a US Citizen, period. The issue of whether or not he was Natural Born under Article II of the Constitution of the United States would cease to matter and he would need to be Deported as an Illegal Alien.

Impeachment as a Senator would seem not to be necessary since he would never Legally have been one, but Diane Feinstein and the members of the Senate Ethics and Rules Committee would be liable to Impeachment. So would their opposite numbers in the Illinois Senate and the appropriate officials of the Illinois State Supreme Court and Bar, so far as I can see.

If Senator Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7.24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was. Philip J Berg, Esq, is correct, under the Nationality Act of 1940, as Revised June 1952 and in accord with United States of America vs Cervantes-Nava 281 F 3d 501 (2002) and Drozd vs INS, 155 F 3d 81, 85-88 (2d Circuit 1998) Senator Barack Hussein Obama II would not ever have been a Legal US Citizen at all, unless he was Naturalized.

If he was born in The Coast Provincial General Hospital at Mombasa in Kenya any Certificate, or Certification of Live Birth, issued for him by the State of Hawaii is a Fraudulent and Illegal Document. At Birth he would have been a UK and Colonies Citizen and in accord with the Kenyan Constitution he would have become a Kenyan Citizen in December 1963. He would not have been a US Citizen.

Alternatively, his UK and Colonies Birth Certificate issued in Mombasa in August 1961 could be a Fraudulent and Illegal Document. The two BCs would need to be compared. By this I mean the Original Vault Copy of the Hawaiian Birth Certificate and not the Amended, Post Adoption, Copy, Legally available to the Senator, assuming he was, as indicated by the Preponderance of Evidence, Adopted by Lolo Soetoro. This case might also need to go through the UK and Kenyan Courts and becomes a Matter of International Law and Controversy.

If Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, it is certain that he is not Eligible to hold the Offices of POTUS or VPOTUS and highly probable that he is not Legally entitled to hold the Office of Senator either and that he was not Eligible to be an Illinois State Senator.

In that event the Senate Ethics and Rules Committee, Chair Diane Feinstein, have a problem because they are responsible for the Certification of a Candidate’s Compliance with Constitutional Requirements, a job they would have conspicuously failed to do. Should he be Elected the poisoned Chalice would pass to Nancy Pelosi because as Speaker of the House she, and the House, have the Responsibility to ensure that the President Elect can Effectively be Sworn In and Legally Assume the Office and Duties of the President.

Be very clear here, if Barack Hussein Obama II was born at The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, Diane Feinstein’s Committee have already failed in their Duty, as has every Secretary of State in the Union.

Let me repeat myself, if Barack Hussein Obama II was born in The Coast Provincial General Hospital at Mombasa in Kenya at 7:24 PM on August 4th 1961, or at any other time, he is not a Natural Born Citizen of these United States and he never was, he is not even a Citizen by Birth. I had assumed ab initio that Obama was born in Hawaii and that his Hawaiian Paperwork was basically “on the up and up”, I could not conceive that a lie of this magnitude was possible, I thought that the INS would have caught on long since. If he is a US Citizen under these circumstances his Oath of Allegiance must be on Record somewhere. If it isn’t he is not a US Citizen.

Hawaii may Legally be able to Issue a Birth Certificate under these circumstances, according to their own Code, but it would breach of International and Federal Law if they have. It would breach Hawaiian Law if the Place of Birth is spurious.

“[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”

So by that section he could get a certificate claiming Hawaiian birth even if he was physically born outside the US but the Place of Birth would need to be correctly recorded.

Understand, the Hawaiian Authorities may be able to Issue a Hawaiian Birth Certificate under these circumstances but they cannot make you a US Citizen. A child born in Kenya to and underage US Female and a UK and Colonies Citizen in 1961 was not born a US Citizen under any US Federal Law, under British Law, or International Law. The only way such an Individual could be a US Citizen in terms of the XIVth Amendment, or any Statute, or Code of US Federal Law is by Naturalization.

Under Common Law no Person can Testify as to their own Place of Birth, this is established Law upheld by stare decisis. Therefore it would be possible, even given the he was born in Kenya, for Obama to claim that he believed a Hawaiian Birth Certificate made him a US Citizen under the XIVth Amendment and that therefore he was acting in Good Faith running for an Office which he was Constitutionally Incapable of Holding. Unfortunately for him, his actions in regard to the Admission of his UK & Colonies and Kenyan Citizenships and his Indonesian Citizenship by Adoption, his frequent apparent Breaches of the Logan Act, his probable breaches of the Hobbs Act, the Hatch Act, USC Title 18 Part One Chapter 63 § 1346 and the RICO Statute make this Defense wholly Untenable, especially when one considers the fact that he holds a JD from Harvard Law. One may throw in the Misprision Statute for good measure. It is difficult to find any action or statement of Obama’s since 1992 that could be used to suggest Good Faith could be used as a Defense in this Case. I am not saying that Obama is Guilty of any of these Felonies or High Misdemeanors, only that his actions and pronouncements are such as to lead to a reasonable suspicion that he may be.

Under INA §349 “2. taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.” This is an “Expatriating Clause”, if you hold Dual Citizenship and do this you void your US Citizenship. Well Obama campaigned actively for Odinga in Kenya and apparently also took some kind of Luo Tribal Loyalty Oath. He may also have joined Odinga’s party. Of course his Dual Nationality lapsed in 1982 but INA §349 could, perhaps, still apply here, if he was born in Mombasa. It might even be concluded that Obama was providing grounds to restore his Kenyan Citizenship by Prime Ministerial Decree, which is Legal under the Kenyan Constitution. That would certainly look Expatriating to me, but I do not know how a Court would react.

There is indirect reason to believe that this may be true. “2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause?

“Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President;”

This Clause has no particular relevance to McCain and the following Clause, which it is reported McCaskill and Obama attempted to REMOVE shows that:

“; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”

It seems clear that McCaskill and Obama were attempting to create a blanket Resolution covering ALL Foreign Born candidates. Why do that if not to benefit a Foreign Born Democratic Candidate, who did not have a US Military background?

McCain did not need this resolution, Richardson did not need this Resolution, so far as I can see nobody needed this Resolution unless somebody in the race was born outside the USA and was “Covering his/her Ass” and the only individual in the race that that could apply to was Senator Obama! This in turn would show that the Senator is a liar who has been peddling untruths about his birth for at least 16 years!

Likewise it would explain why Michelle Obama tried trawling the “very single mother” canard. Were he illegitimate there is precedent and Statute that says if his parents were unmarried at the time of his birth he would have become a Citizen of the USA at Birth under Title III of the Immigration and Nationality Act Section 309. [8 U.S.C. 1409]. However, as Miller v Albright, 523 US 420 (1998) demonstrates there is, and was, a split in the Supreme Court as to whether this Law is in fact Constitutional under the XIVth Amendment. A new case might change the precedent. For now it stands.

I do not insist that any of this is true and to me it makes little difference if it is, I hold him Ineligible anyway and have seen no solid Legal Rebuttal of my view from any source, but if he was born in Kenya he has, and can have, no defense of any description and any Document he has from Hawaii is Fraudulent on several levels. To hold the Office of POTUS one must be a Natural Born United States Citizen, if he was born in Mombasa Obama probably isn’t even a United States Citizen much less Natural Born. He would be guilty of Fraud and a list of other offenses and any and all persons who had aided him would be guilty of Misprision, in all probability.

Thanks SatinDoll.

Perhaps Philip Berg is a conduit for the Clintons and the deliverer of the Nuclear October Surprise.

Keep in mind that the Clintons don’t want Hussein to win. If he does, the Clintons will have no future or influence in the DNC. Plus, Hussein may try to damage them to prevent them from becoming a rival in 2012. Bill and Hillary do have an strong interest in seeing Hussein either loose or be disqualified from the election.

“How can they elect someone who has not been proven to be qualified?”

Good question! I believe that once the electors in the 50 states and DC have voted and transmitted the results to Congress, the burden would be on the Congress when it comes time to certify the election in January. The further the process is allowed to proceed, the harder this gets!! Especially once our wonderful Congress is involved!

1. Why did you change the original published title which had to be restored by us Moderators?

Published title: "Obama Born in Kenya? (New Information) [Update]"

Your version of the blog article's title:

"OBAMA BORN IN KENYA (NEW INFORMATION)"

2. Why did you leave out the entire first paragraph from the blog article?

First paragraph from the published blog article:

"[Update: Please note that the information about the Kenyan BC is based on a tip that has not yet been verified. The information filed in the lawsuit is confirmed, and taken from the court record.]"

3. Why did you rewrite the third paragraph from the blog article?

The actual third paragraph from the published blog article:

"I have received an unverified tip that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals."

Your version of the same third paragraph:

"I have received information that certified copies of a Kenyan Birth Certificate (BC) for Obama were sent from Kenya, and have been received by three separate individuals."

4. Did you omit or rewrite anything else from this blog article?

“How can they elect someone who has not been proven to be qualified?”

I understand what you are saying but how can you let the election proceed with the possibility that one of the candidates is not qualified?

"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) INA provided the citizen parent was physically present in the U.S. 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 are required for physical presence in the U.S. to transmit U.S. citizenship to the child."

http://travel.state.gov/law/info/info_609.html

I remember when I earned my American citizenship, it was told to me that I couldn’t hold any other citizenship of any other country while having American citizenship.

According to most of the documents that were posted, Barry had Indonesian citizenship by way of his stepfather adopting him, and therefore, Mr. Obama renounced his American citizenship citizenship by adopting Indonesian citizenship.

He’s an Indonesian national and he should be deported back home.

“”I can’t believe that anyone from Kenya would mail his birth certificate. He is popular over there isn’t he? Why would they hurt him? Unless it is a supporter of the opposite party of his cousin?’’

Are you joking??
Half the country is in fear of the murderous ethnic cleansing that his cousin Odinga will bring. The Christians don’t want Sharia law.

I bet there are plenty of people that would gladly disperse his paperwork and the rest could be bribed, rather cheaply.

let's go to the video: http://www.americanlaw.com/citabrd.html (a summary of Acts related to Citizenship for those born abroad)

In following the evolution of the 1934 Act, it appears that the 1952 Act has the relevant precedent conditions (with the stipulation that bHo's mother is a US Citizen and bHo's father is not a citizen (an "alien"):

..."In the case of a child born to one U.S. citizen parent (the mother in this case) and one alien parent (the father in this case), the U.S. citizen parent now had only to be physically present in the United States or its outlying possessions prior to the child's birth for 10 years, at least 5 of which were after the age of 14. ...The physical presence requirement could be satisfied by mere presence in the United States even if the person had not established a legal residence there.

So assuming (in the best case) bHo was born in Hawaii to an 18-year-old mother, the "physical presence in the US or an outlying possession" clause is met, but not the "5 years after the age of 14" clause. (Since 14 + 5 = 19)

If born in Kenya, then the "5 years after the age of 14" requirement still is not fulfilled.

The significant differences between bHo's case and Sen. McCain's case are the citizenship status of the parents. bHo apparently had 1 US citizen parent and 1 alien parent (needs a definitive source here); Sen. McCain had 2 US citizen parents.

Just my $.02, based on a quick read at the referenced link, FWIW, and definitely bears detailed reading of the Act itself...

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