News from Alan Keyes: Judge Confirms Eligibility Trial to Proceed

AIPNews.com ^ | October 7, 2009 | Alan Keyes

[EternalVigilance]

By Alan Keyes
October 7, 2009
Loyal to Liberty

 

I just received a call from Orly Taitz, my attorney in the case seeking proof of Obama's eligibility for the Office of President of the United States. Judge Carter has released a statement declaring that the dates he set for the hearing and trial on the eligibility issue are confirmed, and it will move forward as scheduled. Apparently he was not swayed by the Obama lawyer's arguments.

Loyal to Liberty ...

[mlo]

"The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Yup.

"Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”

•Anyone born inside the United States *"

Yup.

"* There is an exception in the law — the person must be “subject to the jurisdiction” of the United States. This would exempt the child of a diplomat, for example, from this provision."

Yup.

Well, we seem to have made some progress. Since none of the text you've posted here requires both parents be citizens if he is born in the United States, and he's not the child of a diplomat, then I take it you now agree that if he was born in Hawaii he is a natural born citizen.

[curiosity]

TerriK does not have any evidence even romotely suggesting the birth record was amended. In point of fact, her correspondence with the Hawaii DOH suggests the opposite.

[BP2]

Regarding Blackstone's Commentaries, here's the FULL text:

WHEN I say, that an alien is one who is born out of the king’s dominions, or allegiance, this also must be understood with some restrictions. The common law indeed stood absolutely so; with only a very few exceptions: so that a particular act of parliament became necessary after the restorationy, for the naturalization of children of his majesty’s English subjects, born in foreign countries during the late troubles. And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once. Yet the children of the king’s embassadors born abroad were always held to be natural subjectsz: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent; so, with regard to the son also, he was held (by a kind of plftliminium) to be born under the king of England’s allegiance, represented by his father, the embassador. To encourage also foreign commerce, it was enacted by statute 25 Edw. III. ft. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchantsa. But by several more modern statutesb these restrictions are still farther taken off: so that all children, born out of the king’s ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain.

"Natural born Subject", at the time the Framers wrote the Constitution, was tied to the FATHER. As we had no more "subjects" as of July 4, 1776, we then had Citizens -- which was also tied to the FATHER, until 1934 (and then with caveats) ...

AS REFLECTED in the Naturalization Act of 1790 ...

"... shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed. (TEXT SOURCE: 1 Stat. 103-104. edited version: De Pauw, Linda Grant, et al., eds. Documentary History of the First Federal Congress of the United States of America, March 4, 1789 – March 3, 1791. 14 vols. to date. Baltimore: Johns Hopkins University Press, 1972-1995. 6:1516-1522.)

And the Naturalization Act of 1795 ...

" ... shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen as foresaid, without the consent of the legislature of the state, in which such person was proscribed. (TEXT SOURCE: 1 Stat. 414-415. )

So, taking either Blackstone's Common Law definition of "Natural born SUBJECT" or Vattel's definition of "Natural born CITIZEN", the Framers saw the rights and allegiance of a Citizen (and Natural born CITIZEN), because of the "protection" extended to the child by the King of England, as being tied to the rights and allegiance of the FATHER ...

"When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children."

[rolling_stone]

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

Who considers these people natural born (citizens)? Certainly not the US State Department, nor myself or many other people. a foundling is a natural born citizen of unknown parentage and uncertain place of birth? Really?

[curiosity]

It could be that the Obama birth announcements were created at a much later date and pasted over the original newspaper copies on microfilm or microfiche to make it appear as if they were within the original newspaper listings when in fact they were not.

I doubt it. A quick search on Worldcat reveals that there are multiple libraries around the country that have backissues of the Honolulu Advertiser on microfilm.

Are you telling me that someone went to the each of the dozens of libraries around the country and modified the microfilm? And that each and every one of them was doctored so well that it is undetectable?

Yeah, I suppose that's possible, just like it's possible Elvis is still alive or that the Feds staged the moon landing, but I it's a possibility so remote that no rational person would take it seriously.

[etraveler13]

No, I don’t agree, his father was not a diplomat of the United State, rather of Kenya.

---

On his return to Kenya in 1965, Obama Sr. was hired by an oil company and then served as an economist in the Kenyan Ministry of Transport and later became senior economist in the Kenyan Ministry of Finance.[27]
http://en.wikipedia.org/wiki/Barack_Obama,_Sr.

---

I do not personally believe that Obama was born in Hawaii, rather Kenya.

---

http://americangrandjury.org/lucas-smith-affidavit-now-filed-with-the-us-district-court-obama-kenyan-bc

---

I also contend that he was adopted by Lolo Soetero, and his name changed to Barry Soetero.

---

Obama arrived in Indonesia at about the age of five according to most accounts, although it was possible he arrived at the age of six, according to a few sources. If Lolo Soetoro adopted Obama at age five or younger, then Obama would automatically have become an Indonesian citizen according to the country’s laws in the 1960’s, which stipulated any child aged five or younger adopted by an Indonesian father is immediately granted Indonesian citizenship upon completion of the adoption process.

According to Indonesian legal experts, only Indonesian citizens could attend state-operated public schools.

Assuming the adoption was in order, Soetoro remains the legal father of Obama even after the divorce. He is still Obama’s legal father. Obama may very well have gone to the courts to correct his birth certificate but it amount to a name change only.
Indonesian Law
“The Indonesian Citizenship Law states that children’s citizenship is derived solely from the citizenship of the father. Children of citizen mothers and foreign fathers are considered foreigners and require visas to remain in the country until the age of 18, at which time they may apply for citizenship. They are prohibited from attending public schools and must attend private, international schools, which usually are more expensive.”

U. S. State Department
Sister
Maya Obama’s half-sister, Maya Kassandra Soetoro, was born on August 15, 1970, in Jakarta, Indonesia. Anna registered her birth as “born in Honolulu” shortly after her birth, as well. Maya would have a State of Hawaii Certification of Live Birth (COLB), just like the one Obama posted on the Internet.

Maya would also attend the private Punahou School.

It was Maya, who has said that Obama was legally adopted by her father, Lolo Soetoro, and Maya also said, “There was always a joke between my mom and Barack that he would be the first black president.”
http://www.theobamafile.com/ObamaFamily.htm

---

I currently believe, when/until evidence changes it, that he traveled outside the United States on a passport other than a US passport. I also believe until/if that he attended Occidental College under a foreign Exchange scolarship, and did not legally change his name back to Barack(sp) Hussien Obama II legally, and did so illegally, while at Harvard, as witnessed by a friend who suggested it, quoted in his own book.
From link above:
In 1980, a few of his friends at Occidental College had already begun to call him Barack, and he’d come to prefer that. The way his half sister, Maya, remembers it, Obama returned home at Christmas in 1980, and there he told his mother and grandparents: “no more Barry.”

---

I also contend that he just may not be a US citizen at all. There are no records showing him denouncing his Indonesian citizenship, or facts that it went away because of his inaction to sustain it, nor is there evidence that he reasserted his rights as a US citizen after doing so, so he would then fall back to his Kenyan citizenship.
I believe that his grandmother correctly stated that she and his half sister witnessed his birth in Kenya,

---

http://citizenwells.wordpress.com/2009/08/03/obama-kenyan-birth-certificate-august-3-2009-obama-kenyan-evidence-sarah-obama-2008-reports-mombassa-consistent-august-4-1961/

---

that the administrator in Kenya stated that it was common knowledge that he was born there, and that they intended to erect a monument to their “native son”.
http://www.youtube.com/watch?v=15hr-JHG-pA

---

Those are my opinions, and thanks for asking.

I will add, that what I posted is most current, and NOT what was in place in 1961 as clarified in the section I posted:
§ 1401. Nationals and citizens of United States at birth

Title 8 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 5, 2009, and it is this version that is published here.
further:
The most recent Classification Table update that we have noticed was Tuesday, September 22, 2009

---

In the case of Barack Obama, that was August 4, 1961. The law stated that the U.S. citizen must have lived in the U.S. for ten [10] years [obama’s Mom did] but five [5] of those years had to be after the age of fourteen [14]. Fourteen [14] and five [5] = nineteen [19] – Obama’s Mom was “only” eighteen [18] when she delivered Obama – therefore, she was “not” old enough to convey U.S. “natural born” staus to Obama.
http://www.obamacrimes.com/

[etraveler13]

see #1336

[etraveler13]

I do not personally believe that Obama was born in Hawaii, rather Kenya.

---

http://americangrandjury.org/lucas-smith-affidavit-now-filed-with-the-us-district-court-obama-kenyan-bc

---

This just in:
http://www.freerepublic.com/focus/f-news/2358662/posts

[Non-Sequitur]

bump

[rolling_stone]

see #1336

doesnt answer my question, who’s opinion is that?

[mlo]

"Regarding Blackstone's Commentaries, here's the FULL text:..." etc. etc

He's talking about children born OUT of the country. Not children born IN the country.

"WHEN I say, that an alien is one who is born out of the king’s dominions, or allegiance, this also must be understood with some restrictions."

"So, taking either Blackstone's Common Law definition of "Natural born SUBJECT" or Vattel's definition of "Natural born CITIZEN",..."

Your Blackstone passage is talking about children born out of the country. Vattel doesn't define "natural born citizen", and whatever he does say, he later points out that the rules in England are different.

"...the Framers saw the rights and allegiance of a Citizen (and Natural born CITIZEN), because of the "protection" extended to the child by the King of England, as being tied to the rights and allegiance of the FATHER ..."

Nope. The Framers understood a "natural born subject/citizen" to be one that was born a citizen because they are born in the country. Parentage only mattered if they were born outside the country, just as it does in present day law.

[Vendome]

does mlo know this? lol

[justiceseeker93]

Could you please direct me to Worldcat? I checked out worldcat.com and it's completely irrelevant, it's a boating site.

No, pasting a new entry over old microfilm or microfiche isn't quite comparable to Elvis still being alive or the feds staging a moon landing. (Just to make it clear to you, curiosity, no one on FR that I know of endorses either of the latter two theories.)

The perps need not go to every library that maintains microfilm (or microfiche) from the Honolulu Avertiser from August 1961. (The number of such libraries is, BTW, probably much smaller than you think. Given Hawaii's relative geographic isolation from the mainland, interest in Hawaii newspaper archives is generally quite minimal elsewhere in the country - this controversy the exception to to the rule.) Access to only one such library or to the respective newspaper archives would suffice to produce an altered product whose image could then be produced on a pro-Obama web site. Furthermore, as others have pointed out, the absence of the birth announcement for the Nordyke twins in either of the posted newspaper Birth Announcement columns is consistent with alterations of the originals, assuming that all births filed with the Hawaii DOH over the week preceding the publishing of the announcements were published as a matter of policy.

[Dajjal]

http://www.worldcat.org/

[mlo]

"No, I don’t agree, his father was not a diplomat of the United State, rather of Kenya."

Not everyone working for a government is a diplomat, obviously. Only diplomats are diplomats.

I'm sure you are familiar with the concept of "diplomatic immunity". It means that the diplomat is not subject to the laws of the country he is stationed in. It's that status that also makes him not "subject to the jurisdiction" in regards to citizenship law.

Unless you can produce evidence that his father had dimplomatic immunity I'm afraid the that exception doesn't help you at all.

Even then, his mother was still a citizen, so Obama would have been too.

[etraveler13]

Sorry, there was a lot to digest in that post.

This information is from the US Code, which clarifies, and adds or subtracts information cogent to the US Constitution.
http://www4.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001401——000-.html

Currently posted, it is from January 2008, when this would be applicable is in 1961, the year when he was born. Phillip Berg has a case pending in which he states:

---

In the case of Barack Obama, that was August 4, 1961. The law stated that the U.S. citizen must have lived in the U.S. for ten [10] years [obama’s Mom did] but five [5] of those years had to be after the age of fourteen [14]. Fourteen [14] and five [5] = nineteen [19] – Obama’s Mom was “only” eighteen [18] when she delivered Obama – therefore, she was “not” old enough to convey U.S. “natural born” staus to Obama.
http://www.obamacrimes.com/

---

So, the US State Department DOES in fact decide who is natural born, and who is not, the constitution clearly states IMO, what constitutes Natural Born requirements.
A foundlings citizenship is determined by his parents citizenship and not location alone. The US Code further defines it, and to be absolutely accurate, you must go to the code in place at the time and date of birth.

[Dajjal]

I just did a very quick search of the World Catalog, and by my count there are 141 libraries listed as having *some* paper issues (that could mean the full run but probably means just the latest issues), 6 saying they have it on microform and 7 having electronic access to it. Probably the latter 13 are part of the 141.

I would suspect that only the main Honolulu Public Library and the Newspaper's Office itself would archive paper copies of back issues.

[etraveler13]

I provided evidence of his diplomatic work for kenya and a link.
He was never in the US as a Diplomat, rather in Kenya the entire time.
I do not claim the need for him to have diplomatic immunity from anything as I contend Obama was born IN Kenya.
His mother was not in the country long enough, under US Code, before he was born, for him to gain US Citizen status.

---

In the case of Barack Obama, that was August 4, 1961. The law stated that the U.S. citizen must have lived in the U.S. for ten [10] years [obama’s Mom did] but five [5] of those years had to be after the age of fourteen [14]. Fourteen [14] and five [5] = nineteen [19] – Obama’s Mom was “only” eighteen [18] when she delivered Obama – therefore, she was “not” old enough to convey U.S. “natural born” staus to Obama.

---

[rolling_stone]

I’m having trouble communicating with you. Go back to my post at 1344 (in response to your post at 1336) and tell me where you got the paragraph I italicized about natural born? It is not in any law statute or code. It is someone;s onpion, the question is who;s and why not state it as an opinion and reference it thanks.

I am well aware of immigration law and a foundling is of unknown parentage otherwise they would not be a foundling.(definition-unknown parentage)

[mlo]

"I also contend that he was adopted by Lolo Soetero, and his name changed to Barry Soetero."

It would be legally irrelevant to his citizenship status.

"“The Indonesian Citizenship Law states that children’s citizenship is derived solely from the citizenship of the father..."

Which is just find for Indonesia, but it would be legally irrelevant to his US citizenship status.