Skip to comments.Can the surviving Boston Bomber Dzhokhar Tsarnaev's citizenship be nullified?
Posted on 04/21/2013 11:11:28 AM PDT by EveningStar
A friend of mine made this comment to me via email:
It seems to me that the surviving Tsarnaev brother's legal status as a US citizen should be nullified since he must have taken the oath of allegiance under false pretense. If it can be nullified then he would lose the protections afforded him as a citizen.What do you think?
But...but...but...that’d be racist.
I would vote yes under those circumstances you shared.
He lied so yes, withdraw his citizenship.
When thinking about things like this I always consider how it could be misused should a corrupt or dishonest person become president.
I don’t think so. To revoke his citizenship, the government would have to prove intent on his part and intent is incredibly difficult to prove.
I’m not saying that it can’t be done, just that it is very difficult to prove. That said, I think it would be a pointless effort. This administration is going above and beyond trying to assign the rights of citizenship to the terrorists who are determined to kill us. Remember the big kerfuffle over them wanting to try Sheik Khalid Muhammed in NYC??
I don’t see it happening.
No, then his home country could ask for his extradition. Keep the worm in an American prison for life, and keep the rest of the pieces of $hit like him out of this country.
I think some cops need more time at the range.
Indeed. It's been reported that the boat he was hiding in "looked like Swiss cheese". Yet his wound was self-inflicted.
Seems to me he should be convicted first, then stripped of his citizenship.
OTOH, I’d love to see his a$$ water boarded and sent to Gitmo.
The death penalty would take care of that!
(c) Membership in certain organizations; prima facie evidence If a person who shall have been naturalized after December 24, 1952 shall within five years next following such naturalization become a member of or affiliated with any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization under the provisions of section 1424 of this title, it shall be considered prima facie evidence that such person was not attached to the principles of the Constitution of the United States and was not well disposed to the good order and happiness of the United States at the time of naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively.
(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
So, yes, there is a way to do so...legally.
I’d think he could be charged with sedition, or something akin to that. He was certainly trying to wreak havoc in our system of government by terrorizing our citizenry. THEN we could deport his sorry rear end back to where his Mama is!
I would say yes, as he clearly obtained it using fraud. I say strip him of it and send him back to the ‘Loving’ arms of Mother Russia. They know best ho to rehabilitate his kind and can do it faster and cheaper.
I think on average in Afghanistan it takes 250,000 rounds per insurgent so at that rate it would have taken 500,000 rounds to kill both and most of Boston would have looked like Swiss cheese.
Decades ago it was not uncommon for naturalized Italian immigrants convicted of crimes to lose their citizenship and be shipped back to Italy.
I didn’t see your post, before posting my comment, but #7 would certainly do the trick!
The last thing we need is to set a precedent for stripping people of their citizenship.
I’m sure emperor Obozo wishes he could have stripped the Hutaree of their citizenship now that they’ve been acquitted and are now suing.
Concur. There is a process for revoking citizenship, but they would have to prove that his application for citizenship was fraudulent. Easiest way would be to connect some dots in his terrorist activities to a time period prior to his naturalization. It would still be a very long court proceeding with all the usual suspects lining up to help him keep his citizenship. He will be convicted of murder and all the other mayhem way before that could happen.
Your comment is nonsense. Insurgents hide in or behind buildings whereas bomber #1 was rushing at the police in the middle of the street and bomber #2 was stationary and cowering in a boat.
1,3,and 5 apply.
Good post. Even an NBC can lose their citizenship for treason and certain other acts.
Wouldn’t bother. The young man almost blew his brains out, he won’t be giving much intel. ‘Course that means the U.S.—us, will be paying for his medical care for the next 30 years.
I agree. I mentioned on a thread yesterday that if this was a viable approach, I hope it is the one taken.
Yes there are 4-5 issues/actions that can get a naturalized citizenship revoked.
Who knows what the exact truth is at this point but I heard on one of the Fox News shows last night that Dzokhar only had two wounds and both were from the earlier shootout. I think he wasn’t hit in the boat because he was on the opposite side of the engine compartment from the direction of fire. A fiberglass hull sure wouldn’t slow a bullet down much.
“Thanksgiving is very big in Sicily on account of the large number of Sicilians who went to America and then got thrown back out. . . turkey cacciatore, sweet potato parmesan” Vinnie Antonelli (1990)
Exactly. From what I understand, we are to wait to form opinions until Obama tells us what really happened.
Send the body back to mama after execution.
That’s not what I mean and I’m sure you know it. 0bamugabe can pound sand. It usually takes at least a week for the press to straighten out the facts of a story and it hasn’t been a week yet and we have enough news here for a year’s worth of stories. If Dzokhar inflicted one or more wounds on himself your post is the first I had heard of it. I made my caveat specifically to indicate that I wasn’t challenging the credibility of what you said.
There have been reports that the punk shot himself. I don't necessarily believe that because it was also reported that one of his wounds was to the back of his neck. Who shoots him or herself in the back of his neck? No one. Yet that is the latest from Obama's news corp.
Denaturalization is how the US government revokes or cancels your US citizenship because you’ve done something that’s contrary to being a US citizen. There are several things that can jeopardize your citizenship:
- Concealing facts or lying to the immigration officials
- Refusing to testify before the US Congress
- Joining certain organizations
- Receiving certain military discharges
I said the same thing to my son at breakfast..
MA has abolished the death penalty.
The Feds haven’t, but why was the FBI involved in this case in the first place? Was there interstate trafficing involved or was it a matter of international terrorism?
If he lied on his citizenship application, is convicted of treason or refuses to testify before Congress, he can be stripped of his citizenship.
Maybe you should lighten up, Francis. I posted what I did because there was no way to know what your intentions were. Lighten up or post more coherently.
And it may be that at the time he took the oath he was not harboring hatred for the US or intending to commit a terrorist act. The 2 brothers came here as minor children, it is not like the entered the country as part of a plan to do wrong.
But of course he should be charged with whatever statues are available, including treason, sedition, insurrection, etc.
I would go with a 45 cal. nullification.
I don't want the kid and his terrorist friends to have the satisfaction of his becoming a martyr to their cause.
“Who knows what the exact truth is
Exactly. From what I understand, we are to wait to form opinions until Obama tells us what really happened.”
Oh, I thought he was going to not only tell us what really happened but what our opinion should be as well. I’m surprised he would be so non-conformist as to let us form our own opinion.
If he did it to deceive and conduct terror under the pretense of being a citizen, then he committed perfidy. Using a law to obscure or deceive to your true intentions. When the Jihadis use an ambulance to gain access to an area the Law of land warfare says an ambulance is a non combat vehicle and has protection, but if used by the enemy in a perfidious manner then it can be fired upon
You're kidding, I know. But I believe he actually thinks we should not form an opinion based on anything other than what he tells us. Sadly, many liberal/progressive types will heed his word and will not form any sort of opinion until they hear him read it to them from his teleprompter.
Make them all martyrs. This will not be over until all jihadis are dead...ALL...exterminated.
Personally, I don't care what they do with the body as long as we don't have to support him, spend gobs of money on his care and trial, and listen to liberals whine about his treatment and wanting to know WHY he did it. Get whatever information we can get from him and then...summary execution.
Everyone needs to start writing their Congressman..we can make this happen.
His death by hanging is the only “nullification” I want from him.
Is she related to Joe Biden?