So there’s an email still (somehow) circulating around regarding Obama’s citizenship status, despire the matter practically being put to bed. I have a bit of a pet peeve when it comes to people spreading around scares, without even attempting to verify anything other than their own self bias. This is an article I wrote in response to, more specifically, this video:
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Not sure where to start with this. I would choose the obvious, but it’s a topic worth some elaboration. This Molotov Mitchell asks for my full consideration, so here we go.
First of all, I’d suppose it’s worth mentioning that this is a case very much in progress. So much that it was ordered dismissed by the court on October 24, 2008 on the grounds of Lack of Subject Matter. At this point I could leave it at that and call it a day, but Mr. Berg has rights too and can and surely will appeal this decision.
But how does that hold up when he hasn’t even made a legitimate request for records?
Count Six of the Court’s dismissal states that Berg alleges he “attempted to secure documents proving the citizenship of Obama from Obama, the FEC, DNC, Feinstein, and the U.S. Senate, Commission on Rules and Administration, but has been refused.” Problem is, this doesn’t hold any weight under the FOIA (Freedom of Information Act), which only applies to government agencies. However all but one of the defendants in question aren’t even considered government agencies as defined by Congress. Quote “They are not independent regulatory agencies. Indeed, they are not even in the executive branch. Accordingly, plaintiff cannot state a claim against them under FOIA.”
Even if we assume that a lawyer of his supposed stature was unaware of this “legalism” Obama is “hiding behind”, his case couldn’t be described as anything but frivolous if he’s making a request that doesn’t even constitute as one.
But what about the issue itself?
At the very beginning of the video, Berg starts by saying Obama should be arrested and deported. In the off chance that documents were forged, sure, Obama should be tried and given his fair punishment. But having him deported?
“Further, since the creation of the Department of Homeland Security in 2002, the Attorney General (Department of Justice) would no longer be empowered to bar a former U.S. citizen from entering the United States.”
Man, we’ve found a loophole already. He later mentions that Obama and his family moved to Kenya, then to Indonesia where he attended school. Yep, that’s true. What Berg fails to mention is the relevant case of Afroyim v. Rusk, which took place the VERY SAME YEAR a young Mr. Obama left for Kenya. Why is this important? The case set a legal precedent which states that a US Citizen cannot be revoked of citizenship involuntarily, which would mean that Obama never forfeited his citizenship, having the decision to move obviously left up to his parents. Strike 1.
Being a lawyer, Berg should fully understand that his decision to speak about it grants the general public as much right to contest him as he has to say his piece. So with that said, one would be wise to structure his argument well. Not even 2 minutes into the linked video, he practically opens saying Obama is trying to destroy the US Constitution. Sure, he claims Obama, allegedly not being a natural born citizen, is in violation of the document. Fair enough. But if I wanted to be taken seriously, I certainly wouldn’t make my headline argument come across as a baseless conspiracy theory without any evidence. A point being made can be likened to a transaction; the item has to be sold to the buyer to change hands. I’d like to think that most sentient beings with any sense of objectivity would consider his or her options when buying goods from say, a business supplier, before dropping bags of cash on the salesman’s desk the very same day. But before I get off topic, in this scenario, Berg is the salesman and his argument is the product. He essentially says “Buy it” before he’s even made his pitch. Anyone trained in negotiation (Ahem) should expect to be sent home and thanked for their time. It’s about carrying weight, and so far we’re as light a feather.
Then in court he goes on to site such sources as “Inside Edition”, a television/internet tabloid that covers stories ranging from alleged dog kidnappings and America’s Best Kept Secret: two for one pasta sauces. Seriously? Also, the “Rainbow Edition Newsletter” which seems to have little presence anywhere. Going by the name I’d say it sounds like your average LGBT publishing, but I’m not going to make any assumptions.
Speaking of assumptions, so far we’ve been presented reasons along the lines of “he probably doesn’t have the documents”. “Maybe” doesn’t hold up in court, and as I already covered, neither did his request for the documents. As far as his sources go, he seems content to pick and choose pieces of the puzzle and put them together as he sees fit. Based on what he’s chosen to say and how he’s presented himself thus far, we have an assumption, details that which were ignored in making said assumption, unreliable sources and unreliable information coming from a seemingly unreliable person. I don’t think I even need to mention the middle eastern Sitar music clearly playing in the background, because at that point it’s moved from ridiculous to downright cliche. For a film made by an “independent”, this sure reeks of a typical overblown republican conspiracy targeted at those quick to buy into propaganda. It’s pretty evident when it becomes one big domino effect of conflation: What’s that you say? Democrat? Black? (well…) Hussein? Middle East? TERRORIST? ILLEGAL?! SITARS?!?!
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Heh. I may be a registered Republican, but I give credit when credit is due, and there’s none to give here. The man was born in Hawaii. Give me an actual issue, not cleverly masked manipulation.
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