Draft letter to request Obama birth certificate disclosure

The work of Texas Darlin, Judah Benjamin, Ron Polarik, Larry Johnson, Pamela Geller, and many commentators and critics has developed our knowledge of the issues in Obama’s citizenship and eligibility for president. As Judah Benjamin at Texas Darlin has shown, Obama’s eligibility for president is a complicated fact intensive matter that requires a complete disclosure of all Obama’s files and then review by state and federal courts with jurisdiction over elections and ballots.

The following is a draft letter. It is important not to claim to know more than one does in communication with state and federal authorities. Be polite and respectful of state and federal employees.

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Dear X,
I support the required disclosure and review of Obama’s files in Hawaii, Indonesia, US Passport office and other US files and any other country such as Canada and Kenya that has records on his citizenship, birth, residence, naturalization, nationality, identity card, travel or passports prior to his name being placed on any ballot for president or the name of any elector pledged to him placed on any ballot for president. These include government, hospital, school, and religious institution records. It also includes any details of his travel to Pakistan and any further travel to Mecca on that or any trip using an Indonesian or other non-US passport.

This disclosure is required to determine if Obama fails to qualify for president. Obama’s life history makes the determination of his qualification for president, or even citizenship status, a complex fact intensive inquiry. (See case law history of US Supreme Court on citizenship below. ) The Senate’s resolution for John McCain’s eligibility is an act of the US government recognizing that this is not an area of settled US law. There is no single legal theory that covers his entire life that has been adopted by the US Supreme Court that settles the question of his eligibility for president because of its tangled complex pattern of potential multiple citizenships and allegiances.

Obama’s campaign has acknowledge the issue by posting a purported copy of his COLB from Hawaii. However, this doesn’t settle the issue as it is a fact intensive issue as to his citizenship status over his entire life that is relevant. Obama’s case is new and not settled law. Therefore, there must be a complete dislcosure of all his files so that state and federal courts with jurisdiction may make a determination in this case.

The webpage of Texas Darlin, No Quarter USA, the comments by Judah Benjamin in particular, Ron Polarik and the comments of the critics A J Strata, Koyaan, Cannonfire, and others show that there is a genuine controversey as to the underlying facts needed for a determination of the complex legal question of Obama’s allegiance, citizenship status and eligibility for president. This is not a settled area of US Supreme Court or state supreme court jurisprudence, and thus a complete disclosure of the factual record is required for the state and federal courts with jurisdiction over elections to determine Obama’s eligibility and develop an interpretation of existing statutes under the US and possibly state constitutions.

The US Senate in the McCain Panama resolution, the New York Times on McCain, and others on Obama have raised these issues for both candidates. The discussion shows that this is not a settled area of law and that it is a fact intensive matter in each individual case. Citizenship case law shows the same requirement for a fact intensive inquiry. It is settled law that a person by their acts can stop being a US citizen. It then becomes a matter of a fact intensive inquiry whether they have done so. Only a complete opening of Obama’s files in all countries and states can allow state and federal courts with jurisdiction to determine what Obama’s status is. No court has ruled on Obama’s status.

The McCain resolution for eligibility for president by the US Senate in 2008 was proceeded by this discussion:

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“My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied.

“That is mine, too,” said Leahy.

“

Chertoff at that point had already been a federal judge. He said it was his understanding, rather than citing case law. Obama is not the citizen of two US parents, but only of one. Obama was then possibly legally adopted by an Indonesian man, Lolo Soetoro, lived in Indonesia and may have acquired Indonesian citizenship at a time when Indonesia apparently did not recognize dual citizenship. In a similar fact citizenship case, Vance v. Terrazas, 444 U.S. 252 (1980), the US Supreme Court reviewed the record, remanded to a lower federal court which ultimately determined that the act of obtaining Mexican citizenship after US citizenship nullified the person’s US citizenship. Whether that fits the facts of Obama’s life requires disclosure of all records to determine. Obama’s eligibility for president is a genuine controversy requiring full disclose of all records.

From Wiki

http://en.wikipedia.org/wiki/Vance_v._Terrazas#Effect

Laurence Terrazas was born in the United States in 1947. Since his father was Mexican, Terrazas held both U.S. and Mexican citizenship at birth.

While a university student in Mexico in 1970, Terrazas applied for a certificate of Mexican nationality. As part of his application, Terrazas signed a statement renouncing “United States citizenship, as well as any submission, obedience and loyalty to any foreign government, especially to that of the United States of America.”

After receiving Terrazas’ case back from the Supreme Court on remand, the district court again ruled that Terrazas had lost his U.S. citizenship.^[2] On subsequent appeal, the 7th Circuit Court of Appeals reversed its earlier decision and — this time using a preponderance-of-evidence standard per the instructions of the Supreme Court — ruled against him, finding this time that there was “abundant evidence that plaintiff intended to renounce his United States citizenship when he acquired the Certificate of Mexican Nationality willingly, knowingly, and voluntarily.”^[3]

Obama after birth, likely in Hawaii, traveled to Indonesia and apparently was adopted and became a citizen thereof. He may also have traveled on an Indonesian passport after age 18 when he returned there in 1981 and then traveled to Pakistan and possibly elsewhere. Obama’s fact pattern may match that of Terrazas and Obama forfeited US citizenship. However, as Judah Benjamin has shown at Texas Darlin and as the US Senate has shown, eligibility for president and US citizenship are different.

The US Senate accepted John McCain as a senator in 1986. His eligibility for president is different than that of Senator as they showed by passing a resolution on the issue recently. It is a principle of US law that two distinct acts of the Senate should be interpreted to show a reason for the second act. By accepting McCain as a member in 1986 and then passing this resolution in 2008, the US Senate has indicated that eligibility for president is distinct from citizenship, and that a fact intensive inquiry using all records must be done to make the determination. This requires opening all of Obama’s files so that state and federal courts can determine if he is eligible, the Electoral College itself, and the House of Representatives. Vance v. Terrazas shows birth records alone do not determine citizenship, since Terrazas was born in the US and then lost his US citizenship by an act done in Mexico.

American citizens have the right and duty to vote. Its a denial of due process of law and our voting rights to deny us these records. The possible nomination of a person who may not be eligible is a serious violation of our rights as voters. The records necessary for a determination of his eligibility are being withheld by Senator Obama and by those who keep them. This is a violation of our rights as voters and a denial of due process of law under the 14th Amendment of the US Constitution as well as the original Articles of the Constitution. It is a violation of the very concept of self-governance that is the basis of the US Declaration of Independence.

Sincerely yours,

X

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Senate resolution for McCain

http://leahy.senate.gov/press/200804/041008c.html

“ Senators: McCain Is A ‘Natural Born Citizen’”

Note the title shows the issue is, as Judah Benjamin pointed out at Texas Darlin, one of being a natural born citizen under Article II of the Constitution for purpose of eligibility to be president which is a distinct legal issue from citizenship, although they overlap. US Supreme Court cases on citizenship show that citizenship is also a fact intensive inquiry on all the acts of a person’s life including time spent abroad, possibly as a citizen of a foreign country with identity papers or records as a citizen of that country. That is the case of Obama with Indonesia as a child and possibly his travel as a young adult on an Indonesian passport.

http://en.wikipedia.org/wiki/Natural-born_citizen

http://en.wikipedia.org/wiki/United_States_nationality_law

http://texasdarlin.wordpress.com/2008/08/12/exposing-the-myth-of-obama-part-i/

READ these other Judah Benjamin stories:

A Call for Obama to Step Down

Obama: The Forged COLB and a New Mystery

Obama: A Disaster Waiting to Happen

The Paper Trail: Obama’s Indonesian Background

Divided Loyalties: Obama’s Eligibility Problem, PART 2

Divided Loyalties: Obama’s Eligibility Problem, PART 1

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http://en.wikipedia.org/wiki/Naturalization_Act_of_1790

search John McCain Senate eligible president Panama

http://www.richw.org/dualcit/law.html

http://www.richw.org/dualcit/cases.html

http://www.richw.org/dualcit/cases.html#Terrazas

http://en.wikipedia.org/wiki/Vance_v._Terrazas