Tuesday, June 8, 2010

Be Careful

If you are commenting on something you know nothing about. Diane West should take heed. Alot of people comment on the Web on various issues. Some actually know something about which they pontificate. Others give insight into issues with cogent questions and observations. However alot of people make fools of themselves by taking up issues they know little about. Diane West and an obscure alleged retired Colorado police officer (or deputy sheriff or both) wades into the area of law enforcement and immigration law relating to whether Barak Hussein Obama is a natural born citizen and therefore eligible to be President of the United States.

Much has been said about this issue. It breaks down to three basic issues: 1) Obama was not born in Hawaii as claimed, and 2) Obama was born in the U.S. but because his father is an alien then Obama is not a natural born citizen.

Let us dispense with #2. If Obama was born in the U.S., then he is a natural born citizen. That was the practice at the beginning of the Republic and codified by the 14th Amendment. West presents not much else than the assertion that you aren't quite natural if either of your parents were aliens. While many may argue about whether children born to an illegal alien are citizens, that is a separate issue, since no one claims Stanley Ann Dunham was not an American citizen.

Now, for the first issue, Obama was not born in the U.S. Obama's refusal to release his original birth certificate, what West and others mistakenly call the original long form birth certificate, is the basis for this belief. And it is a legitimate question. Obama has only released what is called in immigration and nationality law an Abstract of Live Birth. (Others argue that there is a difference between a Certificate of Life Birth and a Birth Certificate, there is no difference in the history of immigration and nationality law in the United States.) An Abstract of Live Birth is an abbreviated summary of the information on a birth certificate. The abstract released by Obama is a perfect example. It shows the city, date, name of child and name of parents. Birth Certificates have much more information, such as hospital, attending physician, address of parents, etc. The issue is that Hawaii will issue birth certificates for children of former residents of Hawaii, so it is possible that the original birth certificate may show that Obama was born overseas. Now the current Governor of Hawaii has stated publicly that Obama was born at Kapi'olani Medical Center. Fine, but it still begs the question, why not just release the birth certificate? What is the reason he will not release it?

West however is very confused, she seems to think that both theories hold true. Obama was born in Kenya and Obama was born in Hawaii, but because his father was an alien, he is not a citizen. Sorry, you can't have both. It appears she is relying on this position based on a half-assed "investigation" by some unknown former police officer/deputy sheriff/detective from Colorado, John L. Work who is a "Colorado Peace Officer." As if that is supposed to impress one. I am certain that Work has had no training in immigration or nationality law. And it is readily apparent from West's column on the issue.

Work has created something what he calls an affidavit summarizing evidence that Obama was both born in the U.S. and born in Kenya. If I were the Chief of Police, Sheriff or Sergeant of Detectives that supervised Work, he would be out of work. In law enforcement, an investigating officer prepares an affidavit summarizing the evidence in support of an indictment, information, arrest warrant or search warrant for a particular crime. It is the height of failure to prepare an affidavit in support of two contradictory positions, Obama is not a citizen after birth in the U.S. because his father is an alien, and conversely, Obama was not born in the U.S. I will bet that Work never provided any affidavit in support of any legal action when he was in law enforcement. Such an affidavit would be laughed out of any District Attorney's Office.

Worse yet, of all the alleged evidence he cites, there are only two relevant points of fact.

1) Obama refused to release his actual birth certificate. That is the sole piece of actual evidence that we know to exist that is relevant. " Sure, there's (1) the original, long-form 1961 Hawaiian birth certificate."

2) "4) Obama's adoption records -- sealed"

Wow, what is that? Obama was adopted? Where are those records sealed? Did Work discover that Stanley Ann Dunham adopted Obama? That would be earth shattering. They would not be so earth shattering if Obama's grandparents adopted him. If that were true, those records would probably be irrelevant.

The rest is irrelevant to Obama's natural born citizenship, except for his passport records which would show only two interesting things: a copy of his birth certificate and where he intended to travel when he applied for his replacement passport before his travel to Pakistan.

What show that Work knows even less than nothing is: "5) Records of Obama's and his mother's reptriation [sic] as US citizens on return from Indonesia -- not found, not released"

Well, I would not call Obama's return to the U.S. to live with his grandparents "repatriation." Was he deported by the Indonesian government? And just how does that affect his natural born citizenship. More likely, his presence in the Sotero household was not convivial to Stanley Ann Dunham Obama Sotero's lifestyle. And what does any record of her return to the U.S. have to do with Barak Hussein Obama's citizenship. What is clear was that she had finished with her poor second husband. She used him for the opportunity to complete a useless degree in anthropology and she left. More importantly how did "Detective" Work conclude that the two were repatriated? If someone goes to Mexico for vacation, is his return a repatriation? No, it is not. In any event, Work admits in this point that Obama is at least a citizen, if not naturally born.

Work also provides a long list of Obama secrecy about his personal records, none of which, especially his elementary school records and his health records, provide any insight to his natural born citizenship. How do they prove that he was not a natural born citizen?

What is more important is the records that have been released, such as his school records from Indonesia, which show he was a Muslim and that his Indonesian step-father considered him to be a Muslim. Perhaps that is why his baptism records are sealed, but that does nothing for his citizenship. Perhaps Muslims should not be allowed to be citizens, but that is not the law, at least not until a naturalized Muslim helps nuke New York City.

This just goes to show, it is best not to open your mouth and confirm you are an idiot.


TellerIP said...

Obama has proven his birth in Hawaii by showing the OFFICIAL BIRTH CERTIFICATE OF HAWAII. He has shown his birth certificate. He posted it and showed the physical copies of the document to both Politifact and FactCheck.

The Certification of Live Birth is the official birth certificate of Hawaii and it is the only one that Hawaii issues, and Hawaii no longer issues the original birth certificate even when someone asks for his own original birth certificate. The Certification of Live Birth is accepted as proof of birth in the USA by the US State Department and the branches of the military, and in Obama's case the facts on it were confirmed twice by the officials in Hawaii and once by the governor of Hawaii.

In addition, there is this witness, who recalls being told of Obama’s birth in Hawaii in 1961 and writing home to her father about it (http://www.freerepublic.com/focus/news/2170432/posts).

Also, we have transcripts of the grandmother interview in which the Kenyan grandmother says repeatedly that Obama was born in Hawaii, and in a separate interview she said that the first that her family in Kenya had heard of the birth was in a letter received from Hawaii many months after the birth.

Hawaii does not, and did not in 1961, allow a birth document of any kind that says on it "born in Hawaii" unless there was proof that the child was born in Hawaii. Obama's says "born in Hawaii' on it.

Yes, it is a short-form birth certificate, but a majority of states are now issuing short-form birth certificates. In Hawaii's case, the Certification of Live Birth is accepted as proof of birth in the USA by the US State Department and the branches of the military.

Re: Indonesia. Obama was never an Indonesian citizen as the Indonesian embassy in Washington will tell you if you call ((202) 775-5200).

Obama was never adopted, as both the Indonesian government and the US State Department have said. AND, if he had been adopted, the blood children of Soetoro would call him brother. They have never called him anything other than step brother.

Federale said...

Obama is listed as an Indonesian citizen on his school records. That is a fact. Any denial of that fact is just wrong. In any event, I did not argue that makes Obama not a natural born citizen.

The abstract of live birth released by Obama is not the birth certificate issued to his mother and produced at the time.

If Obama was born in Hawaii as claimed, why won't he release it. It would certainly save him millions of dollars.

The DOS does not accept Abstracts of Live Birth.

In any event, you claim there are witnesses that say he was born in Hawaii, WND claims they have witnesses who will testify he was born in Kenya.

I don't think he was born in Kenya, I suspect he was born in Canada during a day trip by his mother from Seattle, where she was planning to go to university. It would have been much easier to smuggle him back from Canada that from Kenya.

But in any event, Obama can end this by releasing his original birth certificate. Why won't he?