Eligibility Update: Patriot’s Heart v. Soetoro Filed; Apuzzo, Kerchner on Obama’s British Citizenship (Updated)
According to the Patriot’s Heart Network, a number of Plaintiffs, including Georgia citizen grand jury foreman Carl Swensson (and being represented by attorney Stephen Pidgeon), have officially filed a Petition for the Convening of a Federal Grand Jury:
More than fifty percent of the petition involves a full 27 exhibits.
Chalice of PHN released the following today:
Patriot’s Heart Network (PHNMedia.com), in the name of our members and represented by Attorney Stephen Pidgeon, along with Carl Swensson (RiseUpForAmerica.com) Robert Debeaux, Robert Pinkstaff, and Dr. Penny Kelso have successfully filed a petition in the US District Court in Washington, D.C. requesting a Federal Grand Jury be assembled to look into high crimes against the United States of America and against our 1st amendment rights. Defendants on the Petition are Barry Soetoro, (aka Barack Obama) Nancy Pelosi, Howard Dean and the Media. These crimes include Conspiracy, False Personation, Intimidation of Voters, Fraud and False Statements, Fraud and related activity, Treason and Misprision of Treason. The motion for relief seeks the appointment of a Federal Grand Jury by the Chief Judge of the DC Court, Royce Lamberth.
This issue about Natural Born Citizenship status and the eligibility to be President is NOT a fringe issue. It is not mere fodder of the misdirected gullible tin hatter clubbers. The mocks of those who attempt to minimize and/or toss away sincere American voices as those who just have ‘no clue.’ Qualification to serve as President is a SERIOUS Constitutional issue and it is time that “We The People” get the answers in which We are entitled. We have been ignored, mocked, and laughed at by many. We remain undeterred in our determination to move forward.
For the past several months, we have alerted the various branches of government to our grave concern about the eligibility of this President to hold this position of power. Two weeks ago, we served Congress with testimony of the grave concerns of 1.2 million voices. In return, we received signed receipts and/ or photographic evidence that We the People have served Congress notice of these Constitutional issues! (Information about the trip is available HERE) Through joint efforts with Rise Up For America, we provide information on how citizens across the country can follow-up with their elected Congressional officials. Attorney Generals have been duly informed as well. One action, PHNMedia encourages all to take is to ask their Senators and Representatives to Define Natural Born Citizen. We did so in DC and found neither Senator interviewed knew the meaning, but they voted to confirm the Electoral College! The video or audio evidence of these interviews will be valuable as part of this case.
Yesterday, another step in our journey for the truth has been taken.
The Petition filed yesterday will go before Chief Judge Royce Lamberth (Bio Here ) This Petition calls for the convening of a Federal Grand Jury. Read the full Petition HERE. The allegations of Treason, Fraud, and Misprision are not to be taken lightly! Our complaint calls out Barry Soetoro, aka Barack Obama, Pelosi, Dean AND IMPORTANTLY the media! However, make no mistake, once a Grand Jury is convened, others may be identified for their complicity in this cover-up. High crimes against our Republic are taking place while those responsible to act and report on such matters remain deafening in their silence. It is crime punishable by terms from 3 to 20 years in jail for falsifying birth documents.This is more serious when it is in pursuit of a Federal job. We the People have not seen the proof Obama is eligible to be President. This Petition before the District Court lays out with solid evidence and reasoning, the fact that our First Amendment Rights were abridged by the crimes of the defendants on the petition.
We, the plaintiffs in this case encourage all of you to read the 181 page Petition. There are other action points we offer for your consideration. Please visit www.phnmedia.com to be kept abreast of these. Join www.phnmedia.net to become part of the Plaintiff voices from Patriots Heart Network.
It’s simple, really. We the People, DEMAND from the Media to accurately “Define Natural Born Citizen.” We DEMAND from all branches of our government PROOF that the person in the White House is NOT a Usurper. We demand proof of his eligibility. If eligibility is not established, then our nation and all of the laws return to January 19, 2009. Every action that a Usurper takes are nullified when lack of eligibly to serve is established. It is the US District Court where such matters are heard. It is in this court where We the People demand Redress through the appointment of a Federal Grand Jury.
We cannot do this alone. We DEFINITELY need your help! Join us today!
Update: Attorney Mario Apuzzo of Kerchner v. Obama had originally written an article in April (updated in July) concerning Mr. Obama currently being a British citizen that bears repeating (excerpted):
…The British Nationality Act of 1948 provides in pertinent part as follows:
“4. Subject to the provisions of this section, every person born within the United Kingdom and Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by birth:
Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth—
(a) his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to His Majesty, and is not a citizen of the United Kingdom and Colonies; or
(b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
5.—(1) 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 ….”
Under the British Nationality Act of 1948, Obama’s father became a British citizen under Section 4 by being born on the soil of an English Colony, Kenya. Under Section 5, when Obama was born in 1961 in Hawaii or some other place, he automatically became a British citizen by descent from his father who was a British citizen under Section 4.
Obama has deflected attention to his British citizenship by focusing the public’s attention on his former Kenyan citizenship. Notwithstanding what Obama may lead the public to believe, this British citizenship is not a type of citizenship that he has since lost. Moreover, this citizenship did not expire with Obama’s 21st birthday nor is it one that had to be registered in any specified period of time.
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. [sic] is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall. [sic] if his father becomes. [sic] . . . a citizen of Kenya by virtue of subjection (1). [sic] become a citizen of Kenya on 12th December. [sic] 1963.”
Under the Kenyan Constitution of 1963, Obama’s father and Obama became citizens of Kenya. But neither Kenya’s independence from Great Britain, nor the Kenyan Constitution, nor the Kenyan Independence Act of 1963, as amended, caused Obama to lose his British citizenship with which he was born. Obama concedes that his citizenship converted from British to Kenyan but he adds that he then lost this Kenyan citizenship when he did not confirm it upon reaching the age of 21. There are no known statements from either Obama or his campaign contending that he eventually lost his British citizenship. Rather, the statements have been that his British citizenship converted to Kenyan citizenship when Kenya obtained its independence from Great Britain in 1963 and that he then lost Kenyan citizenship under the Kenyan constitution and laws when he did not renounce U.S. citizenship at age 21. But since Obama never lost his British citizenship, it does not matter that Obama may have lost his Kenyan citizenship as he contends.
Let us now see how Obama did not lose his British citizenship. The Kenyan Constitution which came into effect in 1963 at Article 97 provides the following:
“97. Dual citizenship
1. A person who, upon the attainment of the age of twenty-one years, is a citizen of Kenya and also a citizen of some country other than Kenya shall, subject to subsection (7), cease to be a citizen of Kenya upon the specified date unless he has renounced his citizenship of that other country, taken the oath of allegiance and, in the case of a person who was born outside Kenya made and registered such declaration of his intentions concerning residence as may be prescribed by or under an Act of Parliament.”
While the Kenyan Constitution prohibits dual citizenship for adults, it allows dual citizenship for children. Kenya’s Constitution does, however, specify that at age 21, Kenyan citizens who possess citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship, swear an oath of allegiance to Kenya, and in the case of a person who was born outside Kenya made and registered such declaration of his intentions concerning residence as may be prescribed by or under an Act of Parliament. It may be true that Obama did not take any action to preserve his Kenyan citizenship as was required by the Kenyan constitution. But there is no evidence that Obama ever renounced his British citizenship which he originally acquired at his birth under Section 5 of the British Nationality Act of 1948 and which he did not lose under the Kenyan Independence Act of 1963, as amended. Whatever his father may have done regarding his Kenyan and/or British citizenship did not affect Obama’s British citizenship with which Obama was born. Hence, under the Kenyan Constitution, Obama presumably lost his Kenyan citizenship by not renouncing his U.S. (assuming he was born in the U.S.) and British citizenships, by not taking an oath of allegiance to Kenya, and by not registering his declaration to take up residence in Kenya. But under British law, he did not lose his British citizenship because he never renounced that citizenship.
The fact that Obama still has British citizenship is further supported by the following:
“Under United Kingdom law as it has been since the British Nationality Act, 1948, the acquisition of another nationality by a citizen of the United Kingdom and Colonies, of whatever age, makes no difference whatever to his status as a citizen of the United Kingdom and Colonies, and, therefore, he remains a British subject.
Moreover, it is not possible, under United Kingdom law, for the nationality of a child who is a citizen of the United Kingdom and Colonies to be changed by the decision of his parents. Only the child, when he reaches the age of 21, can renounce his citizenship of the United Kingdom and Colonies if he is then in possession of another nationality, but during the child’s minority neither the child nor his parents can do anything to forfeit his birthright of British nationality.”
Children Bill [Lords], HC Deb 27 June 1958 vol 590 cc743-830.
“It is now the law that all persons born in the United Kingdom or its Colonies, or in countries which were Colonies at the time when they were born, have British nationality whether they are legitimate or illegitimate. . . .
Also, it is part of our law that children of a British male born abroad can have British nationality.”
British Nationality, HC Deb 16 July 1963 vol 681 cc341-3.
Additionally, if one examines the British Nationality Act of 1981, as amended, there is nothing there which shows that Obama, once having the British citizenship that he acquired by descent from his father at the time of his birth, automatically lost it at age 21. On the other hand, the act contains provisions concerning “declaration of renunciation” at Section 10, 12, and 13. Not that doing so would make Obama an Article II “natural born Citizen,”there is no evidence that Obama ever filed any “declaration of renunciation” of his British citizenship.
What does this mean? Under the Kenyan Constitution, Obama is presumably no longer a Kenyan citizen because he did not renounce at age 21 his British citizenship and his U.S. citizenship (assuming he was born in the U.S.). Obama is still however a British citizen not only under English common law (in the words of Coke and Blackstone, a natural-born subject of the United Kingdom) but also under British citizenship statutes. Neither Kenya’s 1963 constitution nor any statute erased the consequences of the British common law and nationality statutes that were in effect at the time of Obama’s and his father’s birth. Obama’s continuing British citizenship is further confirmed by English law which provides that persons born in countries which were Colonies at the time when they were born are still British citizens. Hence, Obama continues to be a British citizen despite Kenya’s independence and new constitution.
I really have to admit — after having read Mr. Apuzzo’s article once more, I am becoming convinced that Mr. Obama really could still be a British citizen. The question is whether or not Mr. Obama, at or after becoming a legal adult, specifically renounced his Kenyan, British or US citizenship.
According to the above, Mr. Obama’s British citizenship would not have automagically waned into non-existence unless he would have specifically denounced it. And there we have the other crux of the argument.
What do I mean?
While it may be true that if the public will ever be able to investigate Mr. Obama’s background documentation, including his long-form birth certificate (or whatever “vital records” are on file in the great State of Hawaii), it may actually show his being physically born in the State, the truth of the matter is that it’s also very likely that he maintains his British citizenship — the one “hidden-in-plain-sight” disqualifier for Article 2, Section 1, Clause 5 of the American Constitution.
So, to me, it appears that Mr. Obama was not only born a British citizen, but may continue to be a Subject of Her Majesty the Queen to this day.
See the following links regarding the eligibility saga:
- Obama’s Presidential Eligibility: What You Need to Know
- Obama’s Sealed Background Documentation
- Newsmax.com: Obama Birth Certificate Not Released
- What’s the Difference Between a Birth Certification Versus a Birth Certificate?
- Keyes v. Lingle: Forensic Examiner and IT Expert Disprove Certification of Live Birth
- Obama Citizenship Facts
- The State Department and Sen. Patrick Leahy’s (D-VT) Natural Born Citizen Resolution (April 10, 2008)
- Citizen Grand Jury Updates and Eligibility Lawsuit Listing
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