Yesterday, attorney Jack Maskell issued yet another version of his ever changing Congressional Research Memo on POTUS eligibility and the natural-born citizen clause. The CRS memo is actually a blessing for me in that I’ve been putting a comprehensive report together on this issue for about a month now. But not having an official source standing behind the entire body of propaganda made my job more difficult.
The complete refutation will be available soon, but for now I will highlight one particularly deceptive example which illustrates blatant intellectual dishonesty.
On pg. 48, Maskell states:
In one case concerning the identity of a petitioner, the Supreme Court of the United States explained that “[i]t is not disputed that if petitioner is the son” of two Chinese national citizens who were physically in the United States when petitioner was born, then he is “a natural born American citizen ….”221
221 Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920). The Supreme Court also noted there: “It is better that many Chinese immigrants should be improperly admitted than that one natural born citizen of the United States should be permanently excluded from his country.” 253 U.S. at 464.
Reading this yesterday, I had a fleeting moment of self-doubt. Could I have missed this case? Did the Supreme Court really state that the son of two aliens was a natural-born citizen? The Twilight Zone theme suddenly chimed in. I then clicked over to the actual case, and of course, the Supreme Court said no such thing.
The petitioner was born in California to parents who were both US citizens. His father was born in the United States and was a citizen by virtue of the holding in US v. Wong Kim Ark. His mother’ place of birth was not mentioned. Regardless, she was covered by the derivative citizenship statute, and was, therefore, a US citizen when the child was born.
It was alleged that the petitioner had obtained a false identity and that the citizen parents were not his real parents. But the Supreme Court rejected the State’s secret evidence on this point and conducted their citizenship analysis based upon an assumption these were petitioner’s real parents.
Having been born in the US of parents who were citizens, petitioner was indeed a natural-born citizen. But Maskell’s frightening quotation surgery makes it appear as if the petitioner was born of alien parents.
The Supreme Court rejected that contention.
And Maskell’s ruse highlights the depravity of lies being shoved down the nation’s throat on this issue.
I can imagine Mini-Me sitting on his lap while this was being prepared.
When you look carefully at Maskell’s creative use of quotation marks, you’ll see that the statement is NOT a quote from the case, but rather a Frankenstein inspired patchwork.
He starts the reversed vivisection off with the following:
“[i]t is not disputed that if petitioner is the son…”
These are the first few words of a genuine quote from the Court’s opinion. Then Maskell goes way out of context for the next two body parts.
The first is not in quotation marks:
of two Chinese national citizens who were physically in the United States when petitioner was born, then he is
And finally, an unrelated quote from elsewhere in the Court’s opinion:
“a natural born American citizen ….”
Put it all together and you get the following monstrosity:
…the Supreme Court of the United States explained that “[i]t is not disputed that if petitioner is the son” of two Chinese national citizens who were physically in the United States when petitioner was born, then he is “a natural born American citizen ….”
But the Supreme Court never said that.
Here’s what they actually said:
“It is not disputed that if petitioner is the son of Kwock Tuck Lee and his wife, Tom Ying Shee, he was born to them when they were permanently domiciled in the United States, is a citizen thereof, and is entitled to admission to the country. United States v. Wong Kim Ark, 169 U.S. 649 , 18 Sup. Ct. 456.” Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920).
This real quote – when liberated from Maskell’s embalming fluid – does not resemble the propaganda at all.
Maskell avoids the inconvenient truth
that the Court took direct notice of the authorities having established that the petitioner’s father was born in the US and that he was a voter:
“…the father of the boy was native born and was a voter in that community.” Id. at 460.
Maskell never mentions that the father and mother were US citizens at the time of petitioner’s birth in California.
This deceitful exercise alone strips the entire memo of all credibility.
Had Maskell simply offered his arguments fairly, using real quotes instead of Frankensteining this crap, I would not have attacked him personally. But such deceptive behavior deserves no respect whatsoever. The memo is pure propaganda, and it’s not even shy about it.
LOOMING CONSTITUTIONAL DISASTERS
The timing of the memo’s appearance is alarming. I have been saying for quite awhile now that Obama doesn’t really have to worry about the natural-born issue coming back to haunt him in court unless he attempts to suspend the Constitution. I know that sounds paranoid. And nothing would please me more than to be wrong on that prophecy. If my fears don’t come to pass, I will gladly wear the tin foil hat of shame. But the appearance of the updated CRS memo at this particular moment portends a Constitutional disaster.
If Obama attempts to suspend the US Constitution and/or declare martial law and/or suspend the 2012 election… chances of the natural-born citizen issue finding its way to the Supreme Court on the merits increase exponentially.
Leo Donofrio, Esq.