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Trump Says No......And that Is Good


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Trump says he ordered ISIS bride from Alabama to be kept out of the U.S. after Mike Pompeo claims she is NOT a citizen

 

President Trump says he made the decision to bar an Alabama woman who left home to join ISIS in Syria from returning to the United States.

After Secretary of State Mike Pompeo said in a statement on Wednesday afternoon that Hoda Muthana is not a U.S. citizen and will not be allowed to return to the country, Trump said the banishment came at his direction.

'I have instructed Secretary of State Mike Pompeo, and he fully agrees, not to allow Hoda Muthana back into the Country!' he tweeted.

 

https://www.dailymail.co.uk/news/article-6726471/US-says-Alabama-woman-joined-Islamic-State-return.html

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On 2/23/2019 at 1:00 PM, Westside Steve said:

So just to be the devil's advocate, are we here in America free to adhere to a different type of government or system of laws or even support them? Any of the Libertarians want to ring in?

That freedom was a big deal to the founding fathers when they decided to mutiny against the king.

WSS

nope. Our Constitution is permanent. and I think the socialist and communist parties should be illegal.

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On 2/23/2019 at 1:00 PM, Westside Steve said:

So just to be the devil's advocate, are we here in America free to adhere to a different type of government or system of laws or even support them? Any of the Libertarians want to ring in?

That freedom was a big deal to the founding fathers when they decided to mutiny against the king.

WSS

Legally speaking, both sides do have their points and standing:

US Citizenship is defined by Sec. 1 of the 14th Amendment, commonly called the "Citizenship Clause":

  • "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".

Hoda Muthana was born in New Jersey, so by the strict definition of the law, she is a US citizen and cannot be barred from returning to the US or having her citizenship revoked. I believe this is the angle that her lawyers will pursue.

There have been cases judged by the Supreme Court on the issue of stripping citizenship and the 14th amendment, and the Supreme Court has set precedent for two ways of losing US citizenship:

1) Fraud in the naturalization process. Technically this is not loss of citizenship, but rather a voiding of the purported naturalization and a declaration that the immigrant never was a U.S. citizen.

  • This does not apply to Hoda Muthana, since she is a natural-born citizen, and not a naturalized one.

2) Voluntary relinquishment of citizenship. This may be accomplished either through renunciation procedures specially established by the State Department or through other actions (e.g., treason) which demonstrate an intention to give up U.S. citizenship. Such an act of expatriation must be accompanied by an intent to terminate United States citizenship.

  • This is where, I believe, the crux of Trump and his State Department lie. Their argument is that since Muthana left the US to join ISIS, that this act was a demonstration of Muthana's intent to commit treason against the US and that she should lose her citizenship.

However, the precedent set here by the Supreme Court says that in addition to treasonous acts, there must be a written or verbal statement declaring one's "intent to terminate United States citizenship" in order to lose citizenship under the 14th Amendment. Muthana's lawyers could argue that, although she joined ISIS, she never issued a written or verbal statement stating that she renounced her US citizenship, so there is not legal basis to have it stripped.

 

Personally, I see this case making it all the way to the Supreme Court to be decided.

 

 

 

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On 2/21/2019 at 1:37 PM, calfoxwc said:

Glad they resolved that correctly. I had been watching Sky News and they were talking about the debate over it. Smart move to not let her come back after deciding to join a terror org.

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2 hours ago, calfoxwc said:

nope. Our Constitution is permanent. and I think the socialist and communist parties should be illegal.

 

2 hours ago, Westside Steve said:

But they aren't.

WSS

There's no legal basis for declaring a political party illegal. The First Amendment rights to free speech and assembly prevent that.

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On 2/23/2019 at 1:00 PM, Westside Steve said:

So just to be the devil's advocate, are we here in America free to adhere to a different type of government or system of laws or even support them? Any of the Libertarians want to ring in?

That freedom was a big deal to the founding fathers when they decided to mutiny against the king.

WSS

Libertarian take: She isn't adhering to the non aggression clause if she is choosing to join a group that is murdering innocent people unprovoked. She can join whatever political party she wants but once she bailed on the states and joined Team Head Chopper, she is done as a US citizen.

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