Showing posts with label Obama. Show all posts
Showing posts with label Obama. Show all posts

Tuesday, October 6, 2015

Maya Soetoro-Ng Testified President Obama's Renoucement of U.S. Citizenship was Involuntary

The U.S. Department of State canceled President Obama's Certificate of Loss of Nationality in 2008 after hearing testimony from Maya Soetoro-Ng the candidate for President did not voluntarily renounce his U.S. citizenship in 1967. Ironically, Soetoro-Ng, President Obama's half-sister, was not born until 1970 and could not possess first-hand knowledge or have witnessed the events leading up to President Obama's voluntary renouncement of U.S. citizenship; as well as, the issuance of the Certificate of Loss of Nationality by the U.S. State Department in 1968 by U.S. Secretary of State Dean Rusk.

The People are sovereign and choose an ineligible President in violation of the Eligibility Clause, Article II, Section 1, Clause 5, of the U.S. Constitution, to withdraw the consent of the governed. Pursuant to the Article VI of the U.S. Constitution, the federal officers of the U.S. State Department are not constitutionally authorized to serve an ineligible President. Anxiety levels among U.S. federal officers peaked when news of a breach of the computer database at the U.S. State Department became public. In March of 2008 there were press reports of a breach of protocol accessing the Consular Consolidated Database (CCD). The CCD is a set of databases located in Washington, D.C. that hold and provide access to all current and archived data from all Bureau of Consular Affairs (CA) post databases around the world. The CCD includes data from Consular Lookout and Support System (CLASS), immigrant visas and CA opinions on visas, travel documents, passport lookout and tracking, and passport information. The CCD contains millions of records on U.S. citizens who have travelled abroad and immigrants to share and exchange data with other federal agencies, including DHS, DoD, FBI, DoJ, OPM, SSA and others.

On March 21, 2008, Department of State Acting Inspector General, the Office of Inspector General, Office of Audits began a review of CA after media reports of a breach of protocol as to controls over access with respect to the presidential candidate Obama’s records in the Passport Information Electronic Records System ("PIERS"). President Obama's PIERS files had been compromised on January 9, 2008, February 21, 2008, and March 14, 2008. Armed with the knowledge his passport records had been breached, candidate for the Democrat nomination, Barack Obama, II, acknowledged in April, 2008, that he had travelled to Pakistan and Indonesia in 1981. In 1981, President Obama was living as a Permanent Resident Alien and would have submitted and obtained permission to return to the U.S. with Form I-131, Application for Travel Document, to the U.S. federal government. Once the re-entry permit was obtained, the CCD was updated to acknowledge President Obama was entitled to re-entry into the U.S. as a permanent resident alien.

Subsequent to reviewing the OIG's report on the breach of the CCD, the U.S. Department of State announced an amendment to Rules and Regulations, Citizenship, Nationality, Loss of Nationality to amend 22 CFR chapter I, Part 50 – Nationality Procedures, Federal Register, Vol. 73, No. 139, July, 2008. The Department of State revised 22 CFR chapter I, §50.51 Review of finding of loss of nationality. The amendment states, in part:
(b) The primary grounds on which the Department will consider reversing a finding of loss of nationality
and vacating a Certificate of Loss of Nationality are:
(4) The person presents substantial new evidence, not previously considered, of involuntariness or absence of intent at the time of the expatriating act.

But it wasn't Barack Obama, II, that presented evidence or requested a review of his loss of nationality in 1968. It was his half-sister, Maya Soetoro-Ng. Since Soetoro-Ng wasn't born until 1970, the only thing she could have presented were stories she had been told as she was growing up. Barack Obama, II, did not testify his renouncement of US citizenship was involuntary and did not request the Certificate of Loss of Nationality to be canceled. Nevertheless, the U.S. Department of State canceled the Certificate of Loss of Nationality issued to President Obama in 1968 by U.S. Secretary of State Dean Rusk. The People of the United States elect an ineligible President contrary to the Eligibility Clause of the US Constitution to withdraw the consent of the governed. All US federal officers are not authorized to serve an ineligible President and may not mitigate the People's choice of an ineligible President to renew America with a updated constitution.

Thursday, October 1, 2015

President Obama's Certificate of Naturalization was Canceled in 2008

The U.S. Department of State announced an amendment to Rules and Regulations, Citizenship, Nationality, Loss of Nationality to amend 22 CFR chapter I, Part 50 – Nationality Procedures, July 18, 2008, Federal Register, Vol. 73, No. 139. Thereafter, the U.S. Department of State revoked President Obama's Certificate of Loss of Nationality issued by U.S. Secretary of State Dean Rusk, 1968.

Later, U.S. Attorney General Michael B. Mukasey, Chief Judge U.S.D.C., Southern District of New York, retired, revoked President Barack Hussein Obama's, II, Certificate of Naturalization issued on order of the U.S.D.C., Central District of California, 1983. The U.S. federal government fraudulently attempted to convert President Obama's naturalized citizenship status to natural born citizenship status to claim President Obama met the eligibility requirements for the Office of the President of the United States. The plain language of the amended statute relied upon by US Attorney General Mukasey to cancel President Obama's naturalization certificate is to correct its own error due to fraud or concealment of material fact or willful misrepresentation to obtain the certificate. The People are sovereign. The U.S. federal government does not have authority to denaturalize a U.S. citizen without the U.S. citizen's consent or a hearing before an Article III tribunal. U.S. citizenship is a precious property interest not to be traded lightly. A revoked certificate of naturalization renders the certificate void and does not effect the citizenship of the U.S. citizen.

The U.S. Circuit Court of Appeals for the Ninth Circuit ruled the power to confer citizenship through the process of naturalization does not necessarily include the power to revoke that citizenship, Gorbach v. Reno, Case No. 98-35723, 219 F.3d 1087 (9th Cir. 2000). The Department of Homeland Security amended 65 Federal Register 17127 (Mar. 31, 2000) in response to the Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000) ruling to remove regulations invalidated and published FR Vol. 76, Number 167, August 29, 2011, pages 53763-53806, to remove the applicable regulations from 8 CFR 340.10, Id. See also INA sections 310(a), 340(a), (h), 8 U.S.C. 1421(a), 1451(a), (h), "...USCIS is precluded from using those regulations to revoke naturalization."

Revoking Grants of Naturalization, RIN 1615-AA30

This rule amended the process by which the Service would administratively reopen and revoke a grant of naturalization. This rule changed the burden of proof that the Service would use in revocation proceedings and made other changes to the administrative process. The Secretary of the Department of Homeland Security has sole authority to grant a person naturalization as a United States citizen. INA section 310(a), 8 U.S.C. 1421(a). The Act also provides DHS with the authority “to correct, reopen, alter, modify, or vacate an order naturalizing [a] person” as a United States citizen. INA section 340(h), 8 U.S.C. 1451(h).

No public comments were received.

This rule removes regulations that were invalidated on July 20, 2000, by the Ninth Circuit Court of Appeals in a nationwide class action lawsuit. Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000) (en banc). That decision held that the Attorney General lacked the statutory authority to promulgate regulations permitting revocation of citizenship of a naturalized citizen through administrative proceedings. Id. See also INA sections 310(a), 340(a), (h), 8 U.S.C. 1421(a), 1451(a), (h). The government did not seek Supreme Court review of that decision, thus USCIS is precluded from using those regulations to revoke naturalization. This rule removes the applicable regulations from 8 CFR 340.10.

"Under our Constitution, a naturalized citizen stands on an equal footing with the native citizen in all respects, save that of eligibility to the Presidency." Minor v. Happersett, 21 Wall. 162, 165, 22 L. ed. 627; Elk v. Wilkins, 112 U. S. 94, 101, 28 L.
Page 12 of 35283 ed. 643, 645, 5 Sup. Ct. Rep. 41; Osborn v. Bank of United States, 9 Wheat. 738, 827, 6 L. ed. 204, 225. Sovereign immunity delegated to the U.S. federal government from the People is waived after an ineligible President is installed into the Office of the President of the United States. The Bill of Rights of the U.S. Constitution reserves for the People any right not enumerated in the U.S. Constitution and reserves all powers not granted to the federal government to the People or the States. The Founding Fathers never intended for the Eligibility Clause of the U.S. Constitution, Art. II, Section 1, Clause 5, to be used to disable the will of the People when electing their leaders. There is no substantial federal mechanism to prevent, investigate, challenge or disable an ineligible presidential candidate from taking the oath of office.

Jack Maskell, Congressional Research Service, Legislative Attorney, published, "The Constitution does not define the term ‘natural born Citizen,’ nor are the notes from the debates at the Constitutional Convention of 1787 instructive as to any specific collective intent of the framers concerning the meaning of the term." See CRS - Qualifications for President and the "Natural Born", CRS Memo, 7-5700, http://www.crs.gov , R42097. Nevertheless, the People delegated authority to the U.S. federal government on the condition the President shall be a natural born Citizen. Further, Article VI of the U.S. Constitution requires all federal and state judges, legislators, and executive officers to swear an oath to support the U.S. Constitution. To remedy the problem of maintaining support of the U.S. Constitution and to ensure the President is eligible, the U.S. federal government maintains records of naturalized U.S. citizens. Rather than ensuring the President is eligible through a examination of an undefined term natural born Citizen, the U.S. federal government utilizes its archival records of naturalized U.S. citizens to ensure the President of the United States is not a naturalized U.S. citizen.

As a naturalized U.S. citizen, President Obama voided the delegated authority from the People to the U.S. federal government on January 20, 2009. The U.S. federal government is not authorized ignore a violation of Article II of the U.S. Constitution to maintain continuity of operations and negotiate generous exit packages after the People have decided to install an ineligible President. Pursuant to Article VI, all federal and state judges, legislators and executive officers must vacate their offices to encourage the ineligible President to negotiate with the People to restore the constitutional republic. America must be renewed with a new constitution after an ineligible President is installed into the Office of the President of the United States.

Tuesday, September 8, 2015

America's Second Declaration of Independence

The original Declaration of Independence, 1776, did not limit the People's right to abolish only the British government's representation. The original Declaration of Independence, 1776, declared the People's right to abolish "any" government in times of unhappiness. "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." The Declaration of Independence, 1776. The Supreme Court of the United States opined, "[Citizenship] carries with it the privilege of full participation in the affairs of our society, including the right to speak freely, to criticize officials and administrators, and to promote changes in our laws including the very Charter of our Government." Knauer v. United States, 328 U.S. 654, 658 (1946). Post Revolutionary War, the mechanism to abolish and replace the US federal government is to elect an ineligible President to the Office of the President of the United States. Article II, section 1, clause 5 states, "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President ...". This does not mean the People cannot elect an ineligible President, it means the People, as the sovereign, void the US Constitution if it chooses to elect an ineligible President.

In June of 2008, US federal officers in the US Department of State fraudulently cancelled President Obama's Certificate of Loss of Nationality (CLN) issued to him in 1968 by Secretary of State Dean Rusk. Secretary Rusk issued a CLN to President Obama pursuant to his naturalization in a foreign state and parental request. In 1971, President Obama returned to the United States and requested asylum as a minor with foreign nationality abandoned by his parents. President Obama was a permanent resident alien in the United States until naturalizing as a US citizen on September 16, 1983. Naturalized US citizens are not eligible to be President of the United States. An ineligible President is not enjoined from being sworn into office or removed from office after a majority of the People have decided to declare their independence from the US federal government. The election of an ineligible President is an mechanism the People use to void the U.S. Constitution and declare their independence form the current government.

The common law principle with respect to the allegiance of a citizen is that no one could disabuse himself of his obligations to his country or abjure his allegiance without the consent of the sovereign. Dyer, 298b; 1 Bl. Com. 370. Also, Shanks v. Dupont, 3 Pet. (28 U. S.) 242, 7 L. ed. 666; Inglis v. Sailor's Snug Harbor, 3 Pet. (28 U. S.) 99, 7 L. ed. 617. Wiliiams Case, 2 Cranch (C. C.), 82, note, Fed. Gas. No. 17,708. "As to whether allegiance can be acquired or lost by any other means than statutory naturalization is left by Congress in precisely the same situation as it was before the passage of their act.” Comitis v. Parkerson, 56 Fed. 556, 559. 22 L. R. A. 148. In America, the People are sovereign. Citizens, as members of the sovereign, must consent to termination of allegiance and obligations to the state before a loss of nationality may occur. President Obama did not request his CLN to be cancelled in 2008. President Obama did not request his Certificate of Naturalization issued in 1983 to be cancelled. Nevertheless, US federal officers fraudulently cancelled these documents in 2008 to prevent the sovereign from disabusing itself from the US federal government. Once acquired, citizenship cannot be diluted or cancelled at the will of the Federal Government or any governmental unit. Afroyim v. Rusk, 387 U.S. 253, 262 (1967). Under the common law principle of sovereignty and the founding principles of this nation, the US federal government is powerless to prevent the will of the majority from installing an ineligible President in violation of Article II.

The Court of Appeals, District of Columbia, found review of loss of nationality determinations by the Bureau of Consular Affairs at the time President Obama's CLN was cancelled to be arbitrary and capricious and disabused the State Department from its claim of Chevron Deference. "The agency’s statutory interpretation of Section 1 of the INA [Immigration and Nationality Act of 1952. Pub. L. No. 414, 66 Stat. 163 (1952) (codified as amended at 8 U.S.C. § 1101 et seq. (2006)), under Section 349(a)(1), naturalization in a foreign state, 8 U.S.C. § 1481(a)(1).], as rendered in the Betancourt Letter [describing Department of State, Board of Appellate Review; Review of Loss of Nationality, Final Rule, 73 Fed. Reg. 62,196, 62,196 (Oct. 20, 2008). ], is not entitled to Chevron deference." Fox v. Clinton, 684 F. 3d 67 - 2012.

January 20, 2009 was America's Second Declaration of Independence.