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What is Putative President Obama’s Current U.S.

Citizenship Status?

Originally Posted in Atty Mario Apuzzo’s

puzo1.blogspot.com Blog on Sunday, December 6, 2009

What Is Putative President Obama’s Current U.S. Citizenship Status? 

We have seen that Obama cannot be an Article II “natural born Citizen” because when hewas born, regardless of what place that may be, he was not born to a United States citizen

father and mother. The "natural born Citizen" clause of our U.S. Constitution requires

that both of the child’s parents be U.S. Citizens at the time of birth. Rather, if Obama was

born in Hawaii as he claims, then under the liberalized and questionable meaning of “subject to the jurisdiction thereof,” he can be a born Fourteenth Amendment “citizen of 

the United States” and a “citizen of the United States at birth” under 8 U.S.C. Sec. 1401(a). Again, that citizenship status does not make him an Article II “natural born Citizen.”But what would Obama's citizenship status be if he was not born in the United States?

First, let us examine why there is still existing doubts as to whether Obama was born in

Hawaii. Second, let us examine what law would apply to determine Obama’s citizenshipstatus should he not be born in Hawaii or any other part of the United States and what his

citizenship status would be under that law.

These are the reasons for the existing doubts regarding Obama's place of birth:

1. What Obama or some other unknown person posted on the internet is not a birth

certificate (BC). Rather, he/she posted a digital image and picture of a questionable"certification of live birth" (COLB) which at best is only prima facie evidence of the

place of his birth. The prima facie value of this document fails in light of numerous

existing factual circumstances which contradict the COLB's validity and which have notbeen adequately explained by Obama.

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affidavits of witnesses. The file could also contain the results of the Secretary or hisdesignee examinations under oath of the applicant or other person who may have been

cognizant of the alleged facts regarding the application/petition along with other

documentary evidence that they may have obtained as a result of issuing subpoenas forbooks and other papers.

7. The DoD 5220.22-M, "National Industrial Security Program Operating Manual,"2/28/2006 (NISPOM) provides baseline standards for the protection of classified

information released or disclosed to industry in connection with classified contracts under

the “National Industrial Security Program (NISP). It prescribes the requirements,

restrictions, and other safeguards to prevent unauthorized disclosure of classifiedinformation. It also states at 2-209 that only U.S. citizens are eligible to receive a security

clearance. The Manual requires a contractor to show proof of U.S. citizenship. It states at

2-208: “For individuals born in the United States, a birth certificate is the primary andpreferred means of citizenship verification.”

http://www.dtic.mil/whs/directives/corres/pdf/522022mchaps.pdf . Surely, we should

require such documentation of someone seeking to occupy the Office of President of theUnited States.

8. At the time that Obama was sworn in as President, not even the Hawaii Department of 

Home Lands accepted a certification of live birth (COLB) as conclusive evidence of being a native of Hawaii for its Homeland program. From its web site: "In order to

process your application, DHHL utilizes information that is found only on the original

Certificate of Live Birth, which is either black or green. This is a more complete recordof your birth than the Certification of Live Birth (a computer-generated printout).

Submitting the original Certificate of Live Birth will save you time and money since thecomputer-generated Certification requires additional verification by DHHL."

9. Since the controversy over Obama’s alleged birth certificate, Hawaii has changed itsweb page to read as follows:

"Birth certificates (Certificates of Live Birth and Certifications of Live Birth) and

Certificates of Hawaiian Birth are the primary documents used to determine nativeHawaiian qualification.The Department of Hawaiian Home Lands accepts both

Certificates of Live Birth (original birth certificate) and Certifications of Live Birth

because they are official government records documenting an individual’s birth. The

Certificate of Live Birth generally has more information which is useful for genealogicalpurposes as compared to the Certification of Live Birth which is a computer-generated

printout that provides specific details of a person’s birth. Although original birth

certificates (Certificates of Live Birth) are preferred for their greater detail, the StateDepartment of Health (DOH) no longer issues Certificates of Live Birth. When a request

is made for a copy of a birth certificate, the DOH issues a Certification of Live

Birth."http://hawaii.gov/dhhl/applicants/appforms/applyhhl .

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 10. Despite the numerous law suits that have been filed against Obama, he continues to

refuse to release his original birth certificate and has opted rather to spend large sums of 

money using lawyers to defend himself and to cause the courts and litigants to expendlarge amounts of time and resources pursuing litigation against him and other third

parties. He relies on procedural and other threshold arguments such as jurisdiction, justiciability, standing, political question, separation of powers, mootness, and ripenessrather than simply produce his original birth certificate and make a motion for summary

 judgment with prejudice as to the merits so that no other future cases can be brought

against him and others which would then put an end not only to the ongoing drain of 

money, time, and other resources but also to the great public outrage that continues toincrease over time regarding his constitutional eligibility.

11. For some unknown reason and relying on federal and state privacy laws, Obama hasrefused to publicly release his original Certificate of Live Birth (BC) even though in his

book, Dreams from My Father, he stated that he had it.

12. Obama and his half-sister, Maya, have each stated that he was born in different

hospitals in Hawaii. In November 2004, in an interview with the Rainbow Newsletter,

Maya told reporters her half-brother, Sen. Barack Obama, was born on August 4, 1961, at

Queens Medical Center in Honolulu. But Obama has said he was born at Kapi'olaniMedical Center for Women & Children, also in Honolulu. Changing her story, in

February 2008 Maya then told reporters for the Honolulu Star-Bulletin that Obama was

born at the Kapi’olani Medical Center for Women and Children.

13. On February 5, 2008, Madelyn Dunham was still alive, but the Obama campaign didnot make her available for interviews with the media. Obama's maternal grandmother

surely would have known where her grandson was born but Obama refused the media

access to her.http://seattletimes.nwsource.com/html/localnews/2004164387_brodeur05m.html .

14. Neither of the two or any other hospital in Hawaii or anywhere in the world has beenwilling to come forward and claim its place in history as being the hospital where the first

African-American U.S. President was born. There is no Hawaiian hospital that has

confirmed that Obama and/or his mother were present in any such hospital at the time of 

Obama's alleged birth in Honolulu. Not a single person has come forward, not a doctor,nurse, hospital administrator, nor any one else to confirm Obama's birth in Hawaii. "We

don't have plans to do anything," said Kapi’olani Medical Center spokeswoman, Claire

Tong, when asked how the center plans to commemorate the soon-to-be 44th U.S.president, who, according to Obama's family and other sources, was born at that hospital

on Aug. 4, 1961. "We can't confirm or deny it — even though all the information out

there says he was born at Kapiolani Hospital. And that's because of the HIPA law."

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Tong acknowledged that the center has received daily inquiries from news agencies farand wide asking for confirmation of Obama's birthplace. Despite her wanting to do so,

Tong said it is not possible. "Our hands are tied," she said.

http://www.honoluluadvertiser.com/article/20081109/NEWS01/811090361/-1/specialobama08. I wonder why Tong said that “even though all the information out

there says he was born at Kapiolani Hospital.” He surely did not even slightly hint thatany information in the hospital supported such a claim. One would think that Obamawould do a simple thing and give the hospital permission to release the information to the

news-thirsty public. After all, what harm to his privacy would he suffer from authorizing

the hospital to simply confirm that the President of the United States was born there?

15. Attorney Philip Berg has served subpoenas on the hospitals mentioned by Obama and

his half sister as the place where Obama was born to obtain the medical records which

would show the fact of Obama being born in either one of them but Obama has refused tosign the consent that the hospitals need to release the documents.

16. “Birthplaces and boyhood homes of U.S. presidents have been duly noted andhonored for nearly as long as America has been a nation. In the case of such towering

figures as Thomas Jefferson, Abe Lincoln and Teddy Roosevelt, those early locations

have been deemed national treasures and historic sites, visited annually by the

multitudes.” http://www.honoluluadvertiser.com/article/20081109/NEWS01/811090361/-1/specialobama08. But we have not seen any movement by any public charity or

foundation, non-profit organization, or government agency to commemorate Obama's

place of birth in Hawaii.

17. We have not seen any media events or news conferences at the hospital where Obamawas born which I am sure is a place the location of which is highly news worthy not only

to the American people but to the whole world. Hence, we do not even know in which

hospital Obama was born.

18. Other than the COLB and the two newspaper announcements whose basis for

information is the same single source, there does not exist one known corroboratingmedical or other document of any kind which shows that Obama was born in Hawaii. The

Honolulu Advertiser, on Sunday, August 13, 1961 contained the following short

announcement: "Mr. and Mrs. Barack H. Obama, 6085 Kalanianaole Highway, son, Aug.

4." The Honolulu Star-Bulletin, an unaffiliated, competing publication, carried the exactsame notice the following day. The numerous birth announcements above and below the

Obama listing also were identical in both papers. Advertiser columnist and former Star-

Bulletin managing editor, Dave Shapiro, was not at either paper in 1961, but heremembers how the birth notices process worked years later when both papers were

 jointly operated by the Hawaii Newspaper Agency, which no longer exists.

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He states: "Those were listings that came over from the state Department of Health . . . .They would send the same thing to both papers."

http://www.honoluluadvertiser.com/article/20081109/NEWS01/811090361/-

1/specialobama08. Hence, we can see that the information for those birth notices comesstraight from the state Health Department’s Vital Records Division. Hence, the birth

announcements, not having their source of information in some other place, do not addany corroboration to the COLB. Other secondary evidence may include baptismal orcircumcision certificates, hospital birth records, or affidavits of persons having personal

knowledge about the facts of birth. Other documentary evidence can be early census,

school, or family bible records, newspaper files, or insurance papers. No such documents

have been produced for the American public. Furthermore, no one has been able toconfirm that Obama’s mother and father in fact ever lived at 6085 Kalaniana’ole

Highway, Honolulu.

19. Although Obama has had a first-class education that spanned 25 years, there is only a

single document that has ever been released, the application for entrance to the

Franciscus Assisi Primary School in Indonesia. That document was discovered byindependent investigators. That documents shows that Obama was an Indonesian citizen.

It is also reported that his Kindergarten records are missing. Needless to say how

probative these kindergarten records would be since they would contain his legal name,

parents’ names, date of birth, place of birth, and vaccination records.

20. No public official in Hawaii has publicly confirmed with any conclusive and credible

evidence that Obama was born in Hawaii. Whatever statements Director of HawaiianDepartment of Heath, Fukino, has made are not conclusive on the question of whether

Obama was born in Hawaii. What is lacking is what information the Department isrelying upon to make its statements. Just from her statement alone, we also do not know

what evidence exists in the Department of Health file to corroborate what is stated in the

“original birth certificate.”

21. We have not heard from one international, federal, state, or local police or security

agency that Obama's birth place has been officially confirmed.

22. On June 27, 2004, the East African Newspaper, The Sunday Standard, in its article

entitled, Kenyan-born Obama all set for US Senate, declared in its newspaper that Obamais Kenyan-Born. This long pre-dates Obama's decision to run for President when the truth

about his birth location was not being hidden. This is not the only African paper that

made such statements during a time that Obama’s birth place was not an issue.

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 23. An Investigator working for Philip Berg, Esq. learned the following which is

contained in the investigator's affidavit dated October 30, 2008, that was filed with a

Federal District Court in the case of Berg v. Obama, 08-cv-04083: Obama's step-grandmother, Sarah Obama, told Bishop McRae, who was in the United States, during a

telephonic interview on October 12, 2008, while she was in her home located in Alego-Kogello, Kenya, that was full of security police and people and family who werecelebrating then-Senator Obama's success story, that she witnessed Obama's birth in

Kenya, not the United States (the English and Swahili conversation is recorded and

available for listening). She was adamant about this fact not once but twice. The

conversation which was placed on speaker phone was translated into English by "KweliShuhubia" and one of the grandmother's grandsons who were present with the

grandmother in the house. After the grandmother made the same statement twice, her

grandson intervened, saying "No, No, No, He [sic] was born in the United States."During the interview, the grandmother never changed her reply that she was present when

Obama was born in Kenya. The fact that later in the same interview she change her

statement to say that Obama was born in Hawaii does not change the fact that she at firststated twice that she was present when Obama was born in Kenya. I cannot imagine a

grandmother not knowing whether she was present or not at the birth of her American

Senator and U.S. Presidential candidate grandson.

24. The investigator then personally went to the hospital in Mombasa, Kenya. He spoke

with the Provincial Civil Registrar and he learned that there were records of Ann Dunham

giving birth to "Barack Hussein Obama, III" in Mombassa, Kenya on August 4, 1961.The investigator then "spoke directly with an Official, the Principal Registrar, who

openly confirmed the birthing records of Senator Barack H. Obama, Jr. and his motherwere present, however, the file on Barack H. Obama, Jr. was classified and profiled. The

Official explained Barack Hussein Obama, Jr. [sic] birth in Kenya is top secret. [H]e was

further instructed to go to the Attorney General's Office and to the Minister in Charge of Immigration if [he] wanted further information."

25. The Kenyan Ambassador to the United States, Peter N.R.O. Ogego, confirmed onNovember 6, 2008, during a radio interview with Detroit radio talk-show hosts Mike

Clark, Trudi Daniels, and Marc Fellhauer on WRIF's "Mike In the Morning," that

"President-Elect Obama" was born in Kenya and that his birth place was already a "well-known" attraction. The radio interview went as follows:

Clark: “We want to congratulate you on Barack Obama, our new president, and you must

be very proud.”

Ogego: “We are. We are. We are also proud of the U.S. for having made history as well.”Fellhauer: “One more quick question, President-elect Obama’s birthplace over in Kenya,

is that going to be a national spot to go visit, where he was born?”

Ogego: “It’s already an attraction. His paternal grandmother is still alive.”Fellhauer: “His birthplace, they’ll put up a marker there?”

Ogego: “It would depend on the government. It’s already well known.”

http://my.wrif.com/mim/index.php?s=Ogego

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 Later on, Ogego’s assistant, denying that Obama was born in Kenya, insisted Ogego was

speaking about Barack Obama Sr., and not President-elect Obama.She said she could not

say why Ogego responded the way he did. Listening to the radio interview in its entirety,it is very obvious the interviewers were all talking about President-elect Barack Obama

and not his father. It is doubtful that Obama’s father’s paternal grandmother (Obama’sgreat-grandmother) was still alive. We would also expect that Ogego would have saidthat Obama was not born in Kenya, but there is an attraction there to honor his father. If it

were true that Ogego was referring to Obama’s Sr. and not Obama Jr., we should have

heard about and received credible evidence as to what preparatory steps had already been

taken in Kenya to honor the birth place of Obama Sr. In evaluating Ogego’s statement,we have to also remember that Obama’s grandmother also said that Obama Jr. was born

in Kenya. Hence, Ogego’s assistant’s claim that Ogego thought they were talking about

Obama’s father does not appear credible.

26. It is alleged that the Kenyan government authorities have refused to cooperate and

have thwarted all efforts by anyone to obtain any documents concerning Obama.

27. Obama has refused all effort to have him release the following documents, relying on

sealing of records and/or privacy laws: Punahou High School records, Occidental College

records, Columbia College records, Columbia Thesis paper, Harvard College records,Selective Service Registration, medical records, Illinois State Senate records, Illinois

State Senate schedule, Law practice client list, Certified Copy of original Birth

Certificate, Harvard Law Review articles that were published, University of Chicagoscholarly articles, exit and entry immigration records covering all of Obama's travels out

of the United States; passports; and record of baptism, if any.

28. Fightthesmears.com and factcheck.org have since maintained silence on the birth

place issue after the questionable COLB was posted on the internet.

29. Other than a digital composite image representation on the internet of a questionable

letter dated January 24, 2009 that he allegedly wrote to Kapi’olani Medical Centercongratulating the hospital on its centennial celebration (it is reported that he refused to

confirm that the letter was genuine,

http://www.wnd.com/index.php?fa=PAGE.view&pageId=103503), Obama has remainedsilent and has not declared publicly after his COLB and place of birth were questioned

that he was born in Hawaii.

30. No member of the media, any political party, the Executive Branch of Government,Congress, any political institution, the Judiciary, or any law enforcement entity, has

publicly stated that he or she has independently confirmed that Obama was born in

Hawaii. Nor has House Speaker, Nancy Pelosi, the Chair of the Democratic NationalConvention, publicly announced that she confirmed that Obama was born in Hawaii.

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 Given all this evidence, Obama should come forward with competent evidence to

conclusively prove that he was born in Hawaii. To date, he has failed to produce such

evidence. Hence, under these circumstances, how can the American people in good faithconclude that Obama was born in Hawaii? How did Obama in good conscience twice

take the oath to be President on January 20th when so many Americans have put forwardall this contradictory evidence regarding where he was born and he refuses to comeforward with any other convincing evidence (like a certified copy of his original birth

certificate) showing that he was born in Hawaii?

If Obama was not born in the United States, then a completely different legal scenariowould apply regarding his current citizenship status. There is much confusion regarding

what role Obama’s mother plays in giving him United States citizenship. With his father

not being a U.S. citizen, Obama would need his mother to make him a citizen only if hewas not born in the U.S. If he was not born in the United States, his mother would,

however, for the following reasons not be able to transmit United States citizenship to

him because she was too young at the time Obama was born.

The law governing the citizenship of children born outside the U.S. to one or more Unites

States-citizen parents may be found at 8 U.S.C. Sec. 1401 to Sec. 1409. What could apply

to Obama are Sec. 1401 (Nationals and citizens of United States at birth), 1405 (PersonsBorn in Hawaii), 1409 (Children born out of wedlock). Sec. 1405 would apply to make

him a “citizen of the United States at birth” only if he was born in Hawaii in 1961. With

proof of the place of his birth lacking, we cannot now say that this statute would beapplicable. Obama has maintained that his parents were married when he was born. They

even obtained a divorce. Hence, it does not appear that Sec. 1409 would apply to him. Sothe only statute which would apply to him to make his a “citizen of the United States at

birth” would be Section 1401. But Obama, if not born in the United States, also cannot

satisfy any part of Section 1401.

The only part of Sec. 1401 that could apply to Obama is subsection (g). A child born in

wedlock and abroad to one U.S. citizen parent and one alien parent acquires U.S.citizenship at birth under Section 1401(g) (Section 301(g) INA), provided the citizen

parent was physically present in the U.S. for the time period required by the law

applicable at the time of the child's birth. (For birth on or after November 14, 1986, a

period of five years physical presence, two after the age of fourteen is required. For birthbetween December 24, 1952 and November 13, 1986, a period of ten years, five after the

age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship

to the child). http://travel.state.gov/law/info/info_609.html. Hence, the Immigration andNationality Act 1952, 8 U.S.C. 1401(g), Sec. 301 (g) [Effective November 14, 1986]

does not apply to Obama because he was born in 1961.

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What does apply to Obama is the Nationality Act of 1940, as Revised June 1952, whichwas in effect when he was born. But under this older version of the statute, for birth

between December 24, 1952 and November 13, 1986, a period of ten years, five after the

age of fourteen are required for physical presence in the U.S. for the United States citizenparent to transmit United States citizenship to the child. United States of America v.

Cervantes-Nava, 281 F.3d 501 (5th Cir. 2002) (citing United States v. Gomez-Orozco,188 F.3d 422, 426-27 (7th Cir. 1999)) and Drozd v. INS, 155 F 3d 81, 85-88 (2d Circuit1998).

Hence, this is the scenario that would apply if Obama was not born in the United States.

Obama’s father was not a United States citizen. Obama can therefore only rely on hisUnited States citizen mother to make him a “citizen of the United States at birth.” But as

we can see from 8 U.S.C. Sec. 1401(g) (the only applicable statute), a mother had to be at

least 19 years old when she gave birth to the child born abroad in order to transmit herUnited States citizenship to him. Obama’s mother, born on November 29, 1942, was 18

years old when she gave birth to Obama on August 4, 1961. She was 117 days short from

being 19 years old. But she had to be at least 19 years old (14 years old plus 5 years of U.S. physical presence) to satisfy the legal requirement of Sec. 1401(g) (INA Section

301(g)). Therefore, Obama cannot benefit from Sec. 1401(g).

Hence, if Obama was not born in the United States, under the Fourteenth Amendment heis neither a United States citizen by birth on United States soil nor one by naturalization.

(There is no existing evidence that Obama was ever naturalized.) Nor would he qualify to

be a United States citizen by any act of Congress by being born abroad to a United Statescitizen parent. If this scenario were proven to be true (being neither a born nor a

naturalized citizen), it can be reasonably argued that Obama is an undocumented alien.Obama has refused to release his identity documents to the public which causes such

theories to exist. It is this reason which shows the importance of the American people

being able to access Obama’s records (birth certificate, travel, education, andemployment records) to intelligently learn his exact citizenship status. Surely, the United

States cannot have a possible undocumented alien be its President. People must keep

pressing Obama that he releases his personal documents so that they may at least learnthat the President is at least a “citizen of the United States” which again still does not

make him an Article II “natural born Citizen.”

Mario Apuzzo, Esq.185 Gatzmer Avenue

Jamesburg, New Jersey 08831 

http://puzo1.blogspot.com/  December 6, 2009

Posted by Puzo1 at 6:45 PM Labels: access to records, Article II, certification of live birth, constitutional eligibility

president, Kerchner, Mario Apuzzo, natural born citizen, Natural Law, Obama, The Laws

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