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Home » Donofrio v. Wells, Eligibility, Fundamental Principles, POTUS

Could FactCheck.org be Plainly Stating Obama’s Biggest Citizenship Problem?

Submitted by Phil on Thu, Nov 20, 200823 Comments

theobamafile.com reported today a fact that is the premise of Donofrio v. Wells: Barack Obama’s citizenship status at birth, Leo Donofrio claims, is what ultimately matters when considering his eligibility as President.

Could FactCheck.org be providing the most damning evidence in plain sight to support Leo’s conclusion?…

Article:

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:

British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.

In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. 

Obama’s British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that:

1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…

2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.

As a citizen of the UKC who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama’s father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963. …

But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya.

Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.

Again, Leo Donofrio’s case is premised on Barack Obama’s citizenship at birth, regardless of what a COLB (certificate of live birth, which isn’t the full, “vault” copy) has to say. And, in theory, it doesn’t matter whether or not Barack Obama’s citizenship changed a day, month, year or years after he was born; it’s at birth, according to Leo, that counts.

If you will recall from one of Leo Donofrio’s interviews, he mentioned that even the Founding Fathers had to “grandfather” themselves into the potentiality of being President, thusly (from Article 2, Section1):

…or a Citizen of the United States, at the time of the Adoption of this Constitution…

Remember: the Founding Fathers were originally born (at birth) in another country, namely (in some cases), England. They were therefore born as His Majesty’s subjects. And, like Barack Obama, they would have had dual citizenship (for a time) as well! That’s why, according to Leo, they had to put in this clause, else they would have never qualified.

Why did this matter so much? The first Americans literally fought with blood, sweat, tears and treasure to found a new nation. The Founders didn’t want, say, an English monarch to therefore be able to take on the office of President; too much undue foreign influence. The same holds true today.

So, unless Barack Obama was born before or on September 17, 1787, he would not qualify for this clause.

-Phil

23 Comments »

  • Diana says:

    I continue to be amazed at the ignorance of our history!!!
    George Washington and Thomas Jefferson were both born in
    Virginia, and John Quincy Adams was born in Massachusetts.
    Their American birthright was not in question.

  • Чудо says:

    зато правда все написано

  • Alfa says:

    нам что-то похожее препод вчера в универе рассказывал, на самом деле тема интересная

  • Онаl says:

    я люблю все ваши слова..

  • кто хочет меняться ссылками, пишите

  • напишу и у себя в блоге

  • holly-newstand says:

    IN CASE YOU HAVEN’T CHECKED THIS ONE…
    They’re doing the most awesome job!!

    http://www.democratic-disaster.com/index.php

  • Phil says:

    Kevin,
    Interesting characterization on your part of the “at birth” concept being a “sudden appearance … requirement”.
    Again, I think you’re missing the boat on this as well.
    This has been in the Constitution all along; I suppose it goes to show how lax we’ve become, as a nation, in actually studying civics; I certainly didn’t even consider it until Leo brought it up.
    Nevertheless, the real issue here is specifically towards Barack Obama’s birth, as he is the one in line to become President-elect. As such, it is he who has a questionable “at birth” situation.
    As it stands, he has produced no “vault” copy of his birth certificate, so we cannot be sure of the “where” — in terms of geography and hospital — of his birthing, nor can we be necessarily sure of “who” his father was (I’ve seen many conspiracies on that one; I’m simply putting out an obvious fact without getting into that topic too deeply).
    Like I said, in this case, since his father in 1961 had certain laws of the UK governing him, that directly affects Barack Obama at Barack Obama’s birth.
    Thanks for commenting.
    -Phil

  • asthecrowflies says:

    Now we know why he proclaimed himself a “Citizen of the World.”

    http://www.groundbreaking.com/Good_Sam/Rhyme003.htm

  • Kevin says:

    Bob, by definition, treason is taking up arms against your country. Are you sure you don’t want to rethink your “civil war” threat? One of those Homeland Security computers is probably tracking your IP address right now and opening a file. But you just start your little war and don’t pay your taxes and you will a nice “time out” in jail to reconsider.

  • Kevin says:

    I should point out that the FactCheck.org information on Obama’s British citizenship is posted on Barack Obama’s own web site (link below). This is not “news” nor has it ever been disputed by anyone I know of.

    What is “news” is the sudden appearance of a dual American citizen parentage requirement in order to be a “natural born citizen”. My high school civics teacher is probably rolling over in his grave.

    http://www.fightthesmears.com/articles/5/birthcertificate

  • [...] assume for the sake of discussion that Obama really was born in Hawaii. FactCheck.org’s site still shows evidence that since Barack Obama’s father was a Kenyan citizen as a colonist [...]

  • Bob says:

    No, Jason in OK, we are not crazy to accuse Obama and the democrat party of treason.

    You speak of being outnumbered, you speak of class. But nowhere do I hear you speaking of RULE OF LAW and the Constitution!

    It is clear you are stuck in the false left-right paradigm which has brought this country to RUIN. Obama doesn’t get a pass now because the democrats were too cowardly to impeach and prosecute Bush.

    At some point the tyranny must END! The republic is dead if 50% of the people will support tyranny because it is “their brand” doing it!

    Either Obama PROVES he is eligible to be president or it is CIVIL WAR…period! I will not quietly, or passively live in a tyranny!

    I will NOT pay taxes, or abide by ANY law, court ruling, or executive order issued by an ILLEGAL ALIEN usurper who thinks he is above the law.

    I would support the arrest and execution of Obama and the ENTIRE leadership of the Democrat party if they prove to have CONSPIRED to commit treason in the form of an ineligible president!

  • Lanie says:

    They can have a revolution and charge the persons that have put OBAMA up for president and caused all this mess with treason. LAWS ARE LAWS. If the Constitution is not help up for the law of this country, all judges should leave.
    FIGHT NOW or this country will go to hell for the future Americans. Crimes have been done in this election and they need to straighten them out NOW.

  • [...] Still, I think Leo really has something on the “at birth” issue; Donofrio v. Wells: Obama’s “at birth” Issue and Could FactCheck.org be Plainly Stating Obama’s Biggest Citizenship Problem?. [...]

  • JASONnOK says:

    You guys are crazy!
    Treason? Revolution?
    Wow. Did you pay any attention to the high crimes and misdemeanors of the last 8 years? You racist red necks can' t kill all of us. And considering that the military contributed to Obama 60% to 40% I think that a revolution would be really interesting. To think that about the dignified way that the dems handled the stolen elections of 2000 & 2004 and for you to compare the electoral THUMPING of 2008 shows very little class on your parts. If you want to fight, you're way outnumbered.

  • paul says:

    Anyone who helps cover up obamas citizenship qualifications are guilty of treason against the usa. Period

  • tishri says:

    There is a whole lot going on today, it seems. Go to World Net Daily, which has several articles now on BO to prove his citizenship status and there is an online petition to sign.

    Next, listen to this audio clip. The important part is near the end where Obama’s cousin admits his birthplace.

    http://my.wrif.com/mim/?p=916

  • Phil says:

    glsmartlon,
    I continue to have faith that the Supremes are going to rule in some sort of positive manner. And as far as the rest of Congress is concerned, there’s always 2010.
    Also, the My Thoughts category has a post on what I think we ought to be doing to make sure we never run into this situation again.
    -Phil

  • glsmarlton says:

    If he isn’t removed or ordered to step down, America will take him down. There will be a revolution in this country like never before. We cannot afford this with the wars we are in now.

  • glsmarlton says:

    Barack Obama is one of the most disgusting human beings on this planet. All his so called wealth that he obtained through donations and panhandling and yet he lets his brother George, and illegal aunt and uncle in Boston live in the slums.

    What a pig. And now he expects to TAKE OVER AMERICA and our wealth to distribute the way he wants? Who is this guy?

    Why was he even allowed to be nominated as Pres and who is in his back pocket? The saudi’s, the muslims, the kenyans, who? Or all of the above.

    We need to see his BC, all college transcripts, all medical reports, his passports, and anything that pertains to him.

    If the Supreme court justices find in his favor, then they need to resign for NOT UNHOLDING OUR CONSTITUTION. I am sick to death of this chicago thug and his so called family and the thugs and terrorists he hangs with. And they will all rob us blind and destroy America forever.

    He must not be allowed to take office. EVER!!! He is not a natural born citizen and all records prove it or he would show them. So he does have things to hide and this is what he is doing—-hiding from the law and he is NOT above the law and the FBI needs to raid his home, put him on trial and then off to prison and from there extradite him to whatever country he is a citizen off–because he is not welcome here.

    Quite frankly I don’t give a hoot how many votes he got–they were bought and paid for and he robbed the election from a Great American Hero. He preyed on the poor, the teens and the ignorant. He is a sick person and needs to go.

  • Liz says:

    YEP…
    Posted this on ALIPAC and GOPFRANCE websites.We need to get the word out here and in EURABIA.The Framers did not want any paths,(via family/kinsfolk) to infiltrate our government.That’s why they set the bar in such a way to provide a full generational firewall to protect our government.Obama has a major leak via his kinsmen in AFRICA.Not what the FRAMERS had in mind!

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