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“Does anybody think that Barack Obama would permit any evidence of a Certificate of Loss of Nationality or an Indonesian adoption to still exist anywhere on this planet?”

OBOTS and ConcernedFreepers are working night and day to ensure any civil suit filed on Obama’s eligibility does not make it to discovery. If Obama scrubbed the files, then OBOTS and ConcernedFreepers would demand discovery to prove the files don’t exist.

For example, Obama’s Form-SS5, Application for SSN, has the Catholic Social Services of Connecticut return address with the name of his case manager on it. How could Obama explain that since Catholic Social Services of Connecticut was known as one of two contractors to manage foreign national minors unaccompanied by an adult arriving at a Port of Entry?

It’s better for Obama if OBOTS and ConcernedFreepers maintain the narrative Obama has been using a stolen SSN since 1977, became a state senator, became a U.S. Senator, and then President and the SSA never caught the fact he was using a stolen SSN for over 30 years.

“Under US law at the time a minor child could not give up their US citizenship and a parent could not give it up for them.”

This is a false narrative begun to protect Obama. The INA has several situations where a minor with U.S. Citizenship living in a foreign cannot be issued a CLN involuntarily. It does not state a minor cannot be issued a CLN after voluntarily requesting it.

How does a 5-year-old voluntarily renounce his U.S. Citizenship since a parent cannot renounce it for the child?

The State Department requests the surrender temporary guardianship of the minor to a locally employed staff member of the U.S. Embassy for the express purpose of lobbying the SoS on behalf of the minor. The locally employed staff member is a citizen of the country the U.S. Embassy is located in.

The consular affairs officer or diplomatic officer handling the case is primarily interested in protecting the interest of the U.S. and not protecting the minor from doing something they’ll regret. Protecting the minor is the job of the parent and the locally employed staff member acting as agent for the minor.

The CAO or diplomatic officer spends most of their time, energy, and effort checking to see if there is a missing persons bulletin on the child or to determine if the child is involved in a custody dispute. Baring these issues, there is nothing to prevent the CAO from recommending a CLN be issued by the SoS since the child can always return to the U.S. and recapture their U.S. Citizenship within 6 months of reaching the age of majority.

Why is the minor given until 6 months after reaching the age of majority. In Obama’s case, 18 was the age of majority. He became an adult at 18 and was capable of acting on his own behalf. His parents, guardian nor anyone else could stop him from recapturing his U.S. Citizenship. It’s not automatic. It must be applied for and an Oath of Allegiance must be stated before an officer of the State Department. For his own reasons, Obama chose not recapture his U.S. Citizenship at 18. Instead, he chose to maintain his Indonesian nationality while living in America as a Permanent Resident Alien. Eventually, he naturalized as a U.S. Citizen in 1983.

“Todd/Sven - with regards to your post (#369) about Article 3, it only applies if the mother is a citizen of Indonesia. SAD/O/S kept her US passport continously from the 1960s to the 1980s so she did not lose her US citzenship which under Article 7 of Law 62 she would have had to give up.”

Read #369 carefully. Dual U.S. Citizenship/Indonesian citizenship is not an automatic issuance of a CLN. Issuance of a CLN has always been discretionary on the part of the Secretary of State. That was until the Court of Appeals decision in Fox v. Clinton (2012).

The Appeals Court is very critical of the State Department for “arbitrary and capricious” application of Section 1 of the INA since 1959. The Appeals Court makes it clear the State Department is not qualified to interpret foreign state laws, rules, regulations or procedures. In other words, if a U.S. Citizen has obtained foreign nationality they did not have when they were born, then they are naturalized in a foreign state. The State Department is not qualified to make a distinction between naturalization and obtaining citizenship through “right of return” or any other method a U.S. Citizen obtains foreign nationality.

The Appeals Court remanded the District Court to instruct the State Department to reconsider all of their policies and procedures for issuing a CLN. A stinging rebuke people at the State Department do not want to talk about.

Fox v. Clinton (2012) Court of Appeals

http://www.cadc.uscourts.gov/internet/opinions.nsf/0E0B84A6A298A92385257A1B004EF146/$file/11-5010-1378147.pdf

Article 2.

(1)A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child.

(2)Said declaration of legality by the Pengadilan Negeri shall be requested by the person adopting the child within 1 year after such an adoption or within 1 year after enforcement of this law.

Article 3.

(1)A child outside a marriage of a mother who is a citizen of the Republic of Indonesia or a child out of a legal marriage, but who has in a case of divorce been assigned to the care of its mother, a citizen of the Republic of Indonesia, who follows the nationality of the father, a foreigner, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia, if, after, having acquired the citizenship of the Republic of Indonesia, it possesses no other nationality or states at the same time to have released another nationality according to the procedure stipulated by the legal provisions of the country of origin and/or according to the procedure stipulated by the agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question.

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Obama, a child of divorced parents, had to renounce his U.S. Citizenship to petition the Indonesian government for citizenship. We know he was successful because he was identified as an Indonesian on his 1968 school record as Indonesian.

“Doesn’t the FOIA info show she kept renewing her US passport from the 1960s to the 1980s?

If she had naturalized as an Indonesian citizen wouldn’t she lose the US passport?”

Issuance of a Certificate of Loss of Nationality for a U.S. Citizen is discretionary and based on 2 criteria: 1) is there evidence the renunciant will not be stateless if the CLN is issued and 2) has a voluntary expatriating act taken place and can it be proven by a preponderance of the evidence.

SAD Soetoro was required to inform the State Department if she had naturalized in a foreign state or if a family member had naturalized in a foreign state each time she renewed her passport. Also, she was asked to declare how long she planned to stay out of the U.S. and what her purpose was for leaving the U.S. These are not questions of idle curiosity. The State Department is building a case for issuing a CLN.

Obama was issued a CLN after his mother amended her passport to remove him from it because he had naturalized in Indonesian. Furthermore, she declared she did not plan to return to the U.S. on her 1968 renewal passport. The typed, red corrections on the renewal are indicative of corrections made by a State Department official after interviewing SAD Soetoro to establish evidence for issuing a CLN.

This is all the information the State Department needed to issue a CLN to Obama. Any one of any age can be issued a CLN. Minors, who have been issued CLNs, have the option to return to the U.S. before the age of majority (18 for Obama) and recapture their U.S. Citizenship with a written statement declaring their intent to maintain their U.S. Citizenship and stating Oath of Allegiance before a consular or diplomatic officer.

However, in Fox v. Clinton (2012), the Court of Appeals was critical of the State Department’s application of the INA as it pertained to the issuance of CLNs. The Court remanded the District Court to instruct the State Department to reconsider it decision making and issue CLNs to U.S. Citizens who moved out of the U.S., naturalized in a foreign state and declared an intention to surrender their U.S. Citizenship without submitting to a formal renunciation process. The Appeals Court, in no uncertain terms, remanded the District Court to instruct the State Department to recognize the intent of the INA is the give U.S. Citizens the freedom to surrender their citizenship if they move out of the country and declare they do not plan to return to the U.S.