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Can the surviving Boston Bomber Dzhokhar Tsarnaev's citizenship be nullified?
email | April 21, 2013

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?


TOPICS: News/Current Events; US: Massachusetts; War on Terror; Your Opinion/Questions
KEYWORDS: citizenship; dzhokhartsarnaev; naturalization; nullification; tsarnaev
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1 posted on 04/21/2013 11:11:28 AM PDT by EveningStar
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To: EveningStar

But...but...but...that’d be racist.
(sarc)


2 posted on 04/21/2013 11:13:12 AM PDT by kjo (+)
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To: EveningStar

I would vote yes under those circumstances you shared.

He lied so yes, withdraw his citizenship.


3 posted on 04/21/2013 11:13:16 AM PDT by Christie at the beach
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To: EveningStar
Depends on whether he swore on a Bible or a Holy Queeran.

</sarcasm>

4 posted on 04/21/2013 11:14:54 AM PDT by E. Pluribus Unum ("Deficit spending is simply a scheme for the confiscation of wealth." --Alan Greenspan)
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To: EveningStar

When thinking about things like this I always consider how it could be misused should a corrupt or dishonest person become president.


5 posted on 04/21/2013 11:17:10 AM PDT by oldbrowser (We have a rogue government in Washington)
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To: EveningStar

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.


6 posted on 04/21/2013 11:18:53 AM PDT by DustyMoment (Congress - another name for anti-American criminals!!)
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To: EveningStar

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.


7 posted on 04/21/2013 11:19:59 AM PDT by I want the USA back
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To: EveningStar

I think some cops need more time at the range.


8 posted on 04/21/2013 11:20:13 AM PDT by HomeAtLast
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To: HomeAtLast
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.

9 posted on 04/21/2013 11:25:53 AM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: EveningStar

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.


10 posted on 04/21/2013 11:28:07 AM PDT by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: EveningStar

The death penalty would take care of that!


11 posted on 04/21/2013 11:28:16 AM PDT by Former Fetus (Saved by grace through faith)
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To: EveningStar
8 USC § 1451 - Revocation of naturalization
(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.

8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(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—

snip

(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.

12 posted on 04/21/2013 11:29:14 AM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: EveningStar

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!


13 posted on 04/21/2013 11:29:23 AM PDT by SuziQ
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To: EveningStar

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.


14 posted on 04/21/2013 11:29:34 AM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: South40
"Indeed. It's been reported that the boat he was hiding in "looked like Swiss cheese". Yet his wound was self-inflicted. "

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.

15 posted on 04/21/2013 11:30:23 AM PDT by Sooth2222 ("Suppose you were an idiot. And suppose you were a member of congress. But I repeat myself." M.Twain)
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To: EveningStar

Decades ago it was not uncommon for naturalized Italian immigrants convicted of crimes to lose their citizenship and be shipped back to Italy.


16 posted on 04/21/2013 11:30:40 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: markomalley

I didn’t see your post, before posting my comment, but #7 would certainly do the trick!


17 posted on 04/21/2013 11:30:55 AM PDT by SuziQ
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To: I want the USA back

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.


18 posted on 04/21/2013 11:31:45 AM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: DustyMoment

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.


19 posted on 04/21/2013 11:31:45 AM PDT by USNBandit (sarcasm engaged at all times)
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To: Sooth2222

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.


20 posted on 04/21/2013 11:32:22 AM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: All

21 posted on 04/21/2013 11:32:50 AM PDT by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: All
Losing You US Citizenship
22 posted on 04/21/2013 11:33:41 AM PDT by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: Las Vegas Ron

1,3,and 5 apply.


23 posted on 04/21/2013 11:36:02 AM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: markomalley
8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

Good post. Even an NBC can lose their citizenship for treason and certain other acts.

24 posted on 04/21/2013 11:37:35 AM PDT by TigersEye (If babies had guns they wouldn't be aborted)
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To: EveningStar
If an attempt is made to rescind it you can be sure that the ACLU will vow to block it...even if it takes them 30 years.
25 posted on 04/21/2013 11:38:30 AM PDT by Gay State Conservative (Leno Was Right,They *Are* Undocumented Democrats!)
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To: EveningStar

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.


26 posted on 04/21/2013 11:42:01 AM PDT by madison10
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To: South40

I agree. I mentioned on a thread yesterday that if this was a viable approach, I hope it is the one taken.


27 posted on 04/21/2013 11:42:50 AM PDT by Las Vegas Ron (Medicine is the keystone in the arch of socialism)
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To: Christie at the beach

Yes there are 4-5 issues/actions that can get a naturalized citizenship revoked.


28 posted on 04/21/2013 11:43:08 AM PDT by SECURE AMERICA (Where can I go to sign up for the American Revolution 2013 and the Crusades 2013?)
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To: South40

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.


29 posted on 04/21/2013 11:45:03 AM PDT by TigersEye (If babies had guns they wouldn't be aborted)
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To: DuncanWaring

“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)


30 posted on 04/21/2013 11:49:34 AM PDT by stanne
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To: TigersEye
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.

31 posted on 04/21/2013 12:00:13 PM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: SuziQ
THEN we could deport his sorry rear end back to where his Mama is!

Send the body back to mama after execution.

32 posted on 04/21/2013 12:02:06 PM PDT by jim-x (9/11/2001 - Never forget, Never forgive.)
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To: South40

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.


33 posted on 04/21/2013 12:06:54 PM PDT by TigersEye (If babies had guns they wouldn't be aborted)
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Free Republic stands for God and Country!!
Stand with Free Republic.

34 posted on 04/21/2013 12:08:26 PM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: TigersEye
Lighten up Francis. I posted what I had read about Obamugabe because I find it laughable.

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.

35 posted on 04/21/2013 12:12:07 PM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: EveningStar

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

http://immigration.lawyers.com/citizenship/Denaturalization-Revoking-Your-US-Citizenship.html


36 posted on 04/21/2013 12:15:49 PM PDT by donna (Pray for revival.)
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To: EveningStar

I said the same thing to my son at breakfast..


37 posted on 04/21/2013 12:47:01 PM PDT by babygene ( .)
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To: Former Fetus

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?


38 posted on 04/21/2013 12:47:11 PM PDT by 353FMG ( I do not indicate whether I am serious or sarcastic -- I respect FReepers too much.)
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To: EveningStar

If he lied on his citizenship application, is convicted of treason or refuses to testify before Congress, he can be stripped of his citizenship.


39 posted on 04/21/2013 12:48:21 PM PDT by Askwhy5times (http://bluegrasspundit.com/)
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To: South40

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.


40 posted on 04/21/2013 1:06:27 PM PDT by TigersEye (If babies had guns they wouldn't be aborted)
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To: USNBandit

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.


41 posted on 04/21/2013 1:26:17 PM PDT by jocon307
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To: EveningStar

I would go with a 45 cal. nullification.


42 posted on 04/21/2013 1:26:31 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: jim-x
Send the body back to mama after execution.

I don't want the kid and his terrorist friends to have the satisfaction of his becoming a martyr to their cause.

43 posted on 04/21/2013 1:32:26 PM PDT by SuziQ
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To: South40

“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.


44 posted on 04/21/2013 1:40:22 PM PDT by This I Wonder32460
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To: EveningStar

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


45 posted on 04/21/2013 1:44:17 PM PDT by reluctantwarrior (Strength and Honor, just call me Buzz.kill for short......)
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To: This I Wonder32460
I’m surprised he would be so non-conformist as to let us form our own opinion.

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.

46 posted on 04/21/2013 1:44:21 PM PDT by South40 (I Love The "New & Improved" Free Republic!)
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To: SuziQ
I don't want the kid and his terrorist friends to have the satisfaction of his becoming a martyr to their cause.

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.

47 posted on 04/21/2013 1:44:57 PM PDT by jim-x (9/11/2001 - Never forget, Never forgive.)
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To: jim-x; All
The guy who tried to blow up Times Square in 2010, hoping to kill and/or maim hundreds, is also a recently naturalized American citizen. He's now doing life without parole in federal prison..his citizenship should also be revoked.

Everyone needs to start writing their Congressman..we can make this happen.

48 posted on 04/21/2013 2:26:32 PM PDT by ken5050 (My tagline has mysteriously vanished...)
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To: All

His death by hanging is the only “nullification” I want from him.


49 posted on 04/21/2013 2:48:22 PM PDT by Kolath
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To: EveningStar

Is she related to Joe Biden?


50 posted on 04/21/2013 3:01:04 PM PDT by Spok
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