Sunday, 10 February 2013

The Conspicuously Unquestioned Certainty of Al-Aulaqi's claim to US CItizenship - Where did all those Birthers go...?

Right, I'm fed up with this: NO American Citizens have been killed by drone strikes.

Accidentally, or otherwise.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Lets sort this out once and for all:"

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. "

Al-Aulaqi was born in the United States to parents from Yemen, while his father was doing graduate work at US universities."
Birthers, note: He is NOT  therefore, a Natural Born Citizen. And his implicit naturalisation, appears to have been obtained years later by fraud; if indeed if ever was, which I am increasingly beginning to doubt as this takes on all the hallmarks of another National Security set-up.

Neither one of his parents were US Nationals, he claimed at various times when it suited him to have US Citizenship, but there seems to be not documentary proof of this, at least not in the public domain.

Already, AT BEST, he is a Yemeni national with a claim to dual US Citizenship 

"Al-Aulaqi was born in 1971 in New Mexico in the United States, where his father was doing graduate studies. "

Prove it.

"In 1978, when he was seven years old, he returned with his family to Yemen. "

He is a Yemeni national with two Yemeni parents who at various times has claimed to have been born in both Yemen and New Mexico, claiming both Yemeni and US Citizenship and maybe travelling under both on different passports for different occasions. There is no proof of either claim - but he is DEFINITELY a Yemeni National, with two Yemeni parents who grew up and spend most of his life in Yemen.

"He lived in Yemen for 11 years, where he studied at Azal Modern School."

 Can we do better than that to clear this up? What if he was born (as is claimed) in New Mexico but there was a fire and they lost all the birth records?

In other words, if the dates are found to match up and he can be reasonably estimated to have been born while his mother and father were studying at college, but no actual documentation can be found that definitively affirms that, does he have a reasonable claim to make a case?

Do we have any case law on this?

As it happens, actually - yes. We do.
The clause's meaning was tested again in the case of United States v. Wong Kim Ark 169 U.S. 649 (1898). The Supreme Court held that under the Fourteenth Amendment a man born within the United States to Chinese citizens who have a permanent domicile and residence in the United States and are carrying on business in the United States—and whose parents were not employed in a diplomatic or other official capacity by a foreign power—was a citizen of the United States. Subsequent decisions have applied the principle to the children of foreign nationals of non-Chinese descent.[19]

So, let's lawyer this  one - the "official version" - systematically, statement by statement and see if we can't give the guy a break, here.

Al-Aulaqi was born in the United States to parents from Yemen, He isn't automatically an American at birth, because neither of his parents are.

Were either (or both) of his parents "[Yemeni]
citizens who have a permanent domicile and residence in the United States and ...carrying on business in the United States...?"

while his father was doing graduate work at US universities.

Evidently they weren't. "Work" in this case implies study, implies education. The actual work may or may not involve or consist of paid employment but that's totally irrelevant, even if it is the case, which is unlikely.

Neither his father nor his mother can be said to be conducting "business" to support themselves - they are not in the country - primarily at least - for the sake of a job, even though they obviously do have ecconomic input and interactions and their admission into the country would be granted only if they fulfilled a certain very different set of criteria.

They were clearly NOT resident in the US on an open-ended basis, nor was their stay in the country expected to be permanent or last beyond a certain point.

His father, Nasser al-Aulaqi, was a Fulbright Scholar earned a master's degree in agricultural economics at New Mexico State University in 1971,

Nowhere do we get told where he earned his undergraduate first degree prior to this... which is a strange omission.

We might also note that the geological composition of Yemen is comprised almost entirely of enormous rocks and bare ground with 26 million desperately poor people, clinging round its coastline in fishing communities - the issue here is not merely the fact of there being no workable soil and next to no water (as with most of the rest of the Arabian Peninsular)... It's that next to none of the land for much of the country is anything close to being flat.

When I said "big rocks", I meant really meant "big rocks", rather than mountains or sand dunes.

it's a strange subject to major in - agriculture surely can never be economic in a land where nothing is able to grow.

Which is surely one of the many reasons it's so desperately poor...

received a doctorate at the University of Nebraska, and worked at the University of Minnesota from 1975 to 1977.

 In 1978, when he was seven years old, [Al-Awlaki] returned with his family to Yemen.

That's clear and unambiguous. Both parents were in the country on temporary student visas granted for the purpose of education, with no expectation that they would remain permanantly resident beyond the end of the final course and not therefore domiciled in the US.

Everyone clear? Anyone disagree?

Can I get a second on that source?

The Albuquerque Journal said New Mexico State University's Fall 2002 alumni newsletter notes that Awlaki's father, Nasser al-Awlaki, was named a distinguished international alumnus. The newspaper said the elder Awlaki earned a bachelor's degree in agricultural economics from NMSU in 1969 and a master's in 1971, when Anwar al-Awlaki [was born].

He eventually obtained a doctorate in agricultural economics at the University of Nebraska and from 1975 to 1977 he was a researcher and faculty member at the University of Minnesota before returning to Yemen in 1978, the Journal said.

Source: UPI


"In 1991 Al-Aulaqi returned to the U.S state of Colorado to attend college. He earned a B.S. in Civil Engineering from Colorado State University (1994), where he was president of the Muslim Student Association."

That'll certainly attract attention in Denver....

Denver, as previously noted is, Spook Central.

Aside from being the home city and pricinple command and training hub for the US Air Force, housing NORAD, Cheyanne Mountain, about a dozen unsolved quasi-Satanic Ritual Abuse murders facilitated by Aurora Police Department and the Jefferson County Sherrif's Department, school board and others, DIA are all over the International Airport as well with giant underground Nuclear Doomsday Facilities hidden in plain site so everyone will just ignore them. Which mostly works.

I'm going to go out on a limb here and say "He was likely recruited about this time".

Or earlier - if CIA had worked with his folks in the 70s, they may have even paid his plane fare over to infiltrate campuses and set up recruitment for Jihad in Bosnia and Kosovo and Chechnya - MI5 were doing EXACTLY that in EXACTLY this time period in Leeds and other cities in the North of England. This is the same year FBI were chasing Ramzi Yousef halfway round the world.

"He attended the university on a foreign student visa and a government scholarship from Yemen, apparently by claiming to be born in that country, according to a former U.S. security agent."

He is now 20 and never claims to be anything other than a Yemeni national and entered the US on a Student Visa to satisfy INS.

"He spent a summer of his college years training with the Afghan mujahideen"

I can't believe I even need to say this: CIA.

"In June 2002, a Denver federal judge signed an arrest warrant for al-Aulaqi for PASSPORT FRAUD."

Just show 'em your birth certificate....?

 Note, he is unable to prove he is a US Citizen when applying for a US passport to travel overseas - he presumably travelled to Kabul previously on his Yemeni passport or a possibly CIA fake one.

"On October 9, the Denver U.S. Attorney's Office filed a motion to dismiss its complaint, and vacate the arrest warrant. Prosecutors believed that they lacked sufficient evidence of a crime, according to U.S. Attorney Dave Gaouette, who authorized its withdrawal."

I have only once before encountered ANYONE with the surname Gaouette in my ENTIRE life, and he was fired as Rear Admiral Commanding the Stennis Battlegroup patrolling the Strait of Hormuz by Panetta 72 hours prior to a Presidential election for evidence impilicating him in a military coup to oust Obama and provoke a war with Iran;

SPECULATION: CIA is a family company. IF this US Attourney is (say) Rear Admiral (Ret.) Gaoutte's brother, this Gaoutte at the US Attourney's office appears to have arrived on the scene to smooth things over with the Judge and his visa situation.

"Al-Aulaqi had listed Yemen rather than the United States as his place of birth on his 1990 application for a U.S. Social Security number, soon after arriving in the US. "The bizarre thing is if you put Yemen down (on the application), it would be harder to get a Social Security number than to say you are a native-born citizen of Las Cruces," Gaouette said."

I know it isn't just me: that's complete hogwash. If he had valid  US citizenship in 2002, he would have been able to present his US Birth Certificate and apply for a US passport.

He didn't. Because he couldn't.

"Al-Awlaki used this documentation to obtain a passport in 1993. He later corrected his place of birth to Las Cruces, New Mexico."

What documentation? His social security number obtained by presenting his Yemeni passport and student visa...?

Let me get this straight: he claimed (accurately) to be a Yemeni National, born in Yemen to two Yemeni parents to get a social security number issued, THEN used the social security documentation to (fraudulently) obtain as US passport in 1993....? or do they mean a Yemeni passport issued in Denver?

I doubt it.

Far more likely explanation: CIA gave him a fake passport to travel to Afghanistan and back and he kept it it and set off red-flags in the system when he tried to replace it a decade later, triggering the warrent for his arrest, which goes away just in time for him to travel on a hate speech tour of Europe in 2002 - MI5 and MI6 just let him in.

"Prosecutors could not charge him in October 2002, when he returned from a trip abroad, because a 10-year statute of limitations on lying to the Social Security Administration had expired. The motion for rescinding the arrest warrant was approved by a magistrate judge on October 10, and filed on October 11."

"According to a 2012 investigative report by Fox News, the arrest warrant for passport fraud was still in effect on the morning of Oct. 10, 2002, when FBI Agent Wade Ammerman ordered al-Aulaqi's release. U.S. Congressman Frank Wolf (R-VA) and several congressional committees are urging FBI Director Robert Mueller to provide an explanation about the bureau’s interactions with al-Aulaqi, including why he was released from federal custody when there was an outstanding warrant for his arrest."

I think we all know the answer to this one: CIA were protecting him and moving him around where they needed him most on the globe, radicalising domestic Muslim Youth, sowing the seeds for homegrown terror and adhering to the Blind Sheikh Omar Rahman model . Slick. Very slick...

"ABC News reported in 2009 that the decision to cancel the arrest warrant outraged members of a Joint Terrorism Task Force in San Diego at the time. They were monitoring al-Aulaqi and wanted to "look at him under a microscope"."

Yes, I bet they did, and I bet they were - this is evidently, a Made Guy, protected on orders right from the top.... "He's someone very important to Mr. Dulles, y'honour..."

"But US Attorney Gaouette said that no objection had been raised to the recission of the warrant during a meeting including Ray Fournier. He was the San Diego federal diplomatic security agent whose allegation had set in motion the effort to obtain a warrant. Gaouette said that if al-Aulaqi had been convicted at the time, he would have faced about 6 months in custody."

Translation: DSA were asked to drop the case by their domestic CIA liason.

"The New York Times suggested later that al-Aulaqi had claimed birth in Yemen (his family's place of origin) to qualify for scholarship money granted to foreign citizens."

Yeah, that's a major breach of Sharia Law - you have to sign and affirm a sworn oath and statement that you are telling the truth and he lied.

That's completely haraam - forbidden. In actual fact, "Bin Laden", or someone speaking on his behalf in one of the 17 released Abbottabad documents is incensed by this, along with the same behaviour by the alleged Fort Hood Shooter and declared them both kuffur and both excommunicated them and threw them out of Al-Qaeda (of his bit of what was left of it) for bringing shame on them.

Bin Laden (when he was alive) had zero tolerance for Oathbreakers and would not tolerate it amongst the brothers, as shown here:

 The critique of The Yemeni Brothers begins at the 9.09 mark.

(Authors's Footnote: I believe, and I always have, both that Osama Bin Laden himself has been dead since early 2002 of untreated kidney disease in Tora Bora, and that the "Bin Laden Raid in Abbottobad (Operation Neptune Spear) was not what were told it was.)

 However, I depart from both mainstream and "alternative" consensus on this issue in as much as I don't think it was what the White House and Obama's inner circle was told it was either; there have been rumours and allegations for years of continued contact and financial support for Bin Laden from family members inside Saudi Arabia, long after his official public disinheritance by the family in 1993.

I offer a more specific breakdown of my analysis of the truth, lies, myth and efficacy of the Bin Laden Myth in context with the halftruths associated with the reality of Operation Neptune Spear as an actual real event that verrifiably took place amid the Fog of War, details quickly fudged or contradicted, early accounts and minority reports burried or smeared liberally with bullshit before being burried up to its neck in classic Pentagon baloney, augmented with fake, planted stories, fake witnesses, deliberate disinformation and red herrings at length elsewhere; for now, surffice to say this - the White House by their own account was forced into a position immediately following the raid wherein they were left with no option other than to announce the successful execution (in both senses) of the Bin Laden raid far earlier than they had agreed beforehand they would be comfortable going public with the announcement and while they were still far short of meeting their own (admittedly very tough, but stringently self-imposed) criteria for confirming both the fact of both the ID on the target and the kill to a standard of accuracy all concerned would be neccessary to meet prior to public disclosure of Osama Bin Laden's death at the hands of Special Forces;

The Official History of the build-up to the go-order on the raid conceedes that those in The Room on the night were in no sense close to certain what SEAL Team 6 would encounter inside the safehouse compound once their boots hit the ground and began kicking down doors - there could be no-one there at all, the coupound itself just a dead drop for relaying messages or worse still, a baited trap. While it could be fairly safely said that there certainly seemed to be someone seemingly very important and highly furtive and secretive hiding out in there and being ultracautious when it came to living off the grid and leaving no footprints, the likelihood of it being an international arms dealer, a Taliban War Lord's lovenest or an international heroin trafficker who had developed a Howard Hughes complex were still filling out at least 30-40% probability of providing the correct answer. ID was attempted post-mortem via facial biometrics on photographs of the corpse, bloodwork, DNA and we're told fingerprinting and e fewother methods, seeking to get, if not a perfect match, then at least a finding in excess of 95% certainty across a battery of different ID methods.

They did not yet have that when the President went on television to announce that the result of the raid was unambiguously beyond reasonable doubt

As I recall bei

Given that he was still verifiably acting on behalf of CIA in influencing the outcome of the Afghan Civil War immediately post-Soviet withdrawl, given that this was three years prior to even his most moderate identification of America as the "Far Enemy", conspiring with the "Near Enemy" embodied by the corrupt absolutists rule of the House of Saud and their poor stewardship as the guardians of the Holy Sites of Mecca and Medina, from the massacre of Hajii at the Grand Mosque to the invitation of American and Coalition "Crusader" troops barracked in occupation of the lands claimed by conquest by the Prophet for his people, and given that his crossing of the Rubicon in the aftermath of the Gulf War took the form of open condemnation of the Saudi Royal Family for their refusal to acceed to his pleas to allow some basic form of opposition, it's hardly a barmstormer of an allegation to suggest that much of the wider almost-as-wealthy Bin Laden clan more than likely were in complete agreement with him and supportive of his moral stand in private, even accepting the neccessity to save face and aquiesnce to his disinheritence as a sop in deference to the reality of tribal feudal patronage in the Kingdom.

He was, after all, in the right on these points and his righteous indignation was both well earned and well-met.

I have little doubt that the Family had his back and helped out whenever they could behind the scenes, certainly until the wrath brought down by the response to the African Embassy Bombings in 1998 (which simply do not match Bin Laden's M.O. or moral code - he would have been appalled by such a senseless and random act of brutality which injured over 1000 civilian bystanders, nearly all of them fellow Muslims and is therefore condemned by multiple Haddith) forced his retreat back into Afghanistan, where the collateral cost of any American Airstrike intended for him personally (as the Clinton/Berger  cruise missile strike on the Nairobi pharmaceutical factory was intended as) could be kept to to the absolute minimum.

Much has been written (and the full story yet to be told) of Osama's Jihadi glory days battling the Atheistic Soviet Hordes with his trusty AK-47, riding headlong into the fray on horseback against Russia Hinds and Anti-Personnel Cluster Bombs and other ordenance;

Rumours and sworn affidavits about from numerous US and Western members of his CIA funded tactical support effort, who talk of the man they knew as Tim Osman , adopting a nom de voyage to maintain a low profile on visits Stateside to attend specialist and tactical training, engage in tactical planning meetings with CIA brass and brief his handlers and their superiors on the reality of conditions on the ground in Afghanistan, having arrived directly from the front - most notable amongst these witnesses and anedcdotalists is Former FBI Regional Director, turned part-time Hoover apologist and  freelance private investigator Ted Gunderson and whistleblowing CIA Weapons Designer, INSLAW Case witness , victim of a drugs bust frame-up and 9/11 Cassandra, Michael Rocconacioto, who both allege to have met with "Tim" in the US at this point on Company business and both also cite suppression by the FBI linking Oklahoma City with the Afghan veterans Jihadi cell of Sheikh Abdul Rahman, Zawhari's Egyptian Islamic Jihad group and Ramzi Yousef's "Bojinka" plot centring on Malaysian Airliners; several men of Middle Eastern appearance were seen in the company of Tim McVeigh and his Ryder Truck, before, during and after the home-made AMFO-Nitrate Bomb went off immediately prior to the Demolition charges taking out the first set of core columns.

And at least one credible witness, a former CIA Asset acting as a a diplomatic back-channel between the US Government and the Government of Iraq under Sadaam Hussain acting under the auspices of the Iraqi mission to the UN handling exchanges conducted under the UN "Food for Oil" (hmph) Program has stated categorically with complete certainty that she was at one time shown photos obtained or taken by CIA of Ramsey Yousef meeting in Malaysia in 1995 with Terry Nichols, the oft-forgotten "second lone nut" of Oklahoma City, currently serving life in the Federal SuperMax in Colorado, ostensibly for assisting Timmy to help load, assemble and build the Nitrate-Fuel Oil AMFO Bomb parked out in front of the Alfred P. Murrah Federal Building on April 19th, 1995, by Timothy McVeigh of US Special Forces. And "friends".

"U.S. Congressman Frank R. Wolf (R-VA) wrote in May 2010 that it was his understanding that by doing so, al-Aulaqi fraudulently obtained more than $20,000 in scholarship funds reserved for foreign students, for which he was not legally eligible." 

OR: He was legally eligible for it, because he was a Yemeni National born in Yemen to two Yemeni parents, as seems to be the case and no one can produce documentation proving otherwise.

There's a lot more besides this, not least his activities in San DIego, where a domestic CIA front-Mosque was HIDING two of the future 9/11 Highjackers away from FBI, who were scouring the Earth (literally) to track them down after they lost track of them in Malaysia.

But that has no bearing on the question of if he was was a US Citizen under the protection of the Constitution and the Bill of Rights when he got whacked with a CIA Predator Drone strike in - where else? Yemen.

His HOME COUNTRY. Not that that's relevant. This is a question of rule of law and things do not look like they would go in his favour if this ever saw the inside of a court, as I'm sure is becoming increasingly apparent.

Before the final summing up one final point - someone we're forgetting in all of this...

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