FEC draft opinion saying non U.S.-born naturalized citizens can file and raise funds to run for President
Action Alert Below
Excerpt from Roll Call: The Federal Election Commission is showing signs that it might allow a Guyana-born American citizen to file papers and raise money to run for president of the United States.
The agency released two draft advisory opinions Friday that could permit New York lawyer Abdul Hassan to go through the initial steps to run for president. But the FEC’s pending decision won’t be the last word on the constitutional issue of whether someone born outside the United States can be president.
Hassan was born in the South American country in 1974, and he asked the FEC in July whether he could raise funds as a candidate for president.
The request put the FEC in the rare role of deciding a large constitutional issue that has only a few intersections with campaign finance law. The two commonly held constitutional requirements to run for president are that the candidate be 35 years or older and be a “natural born citizen.”
The agency quickly signaled that it would decide the technicalities of filing requirements while leaving the broader issue of who can run for president to the judicial branch. In an email to Hassan on July 18, the FEC stated that he understood “that although the Commission can respond to the questions asked in [his] advisory opinion, the Commission cannot make any determination as to whether [Hassan] can, as a naturalized citizen, serve as President.”
Both advisory opinions answer three of Hassan’s four questions in a similar way. They state that Hassan could be a candidate, may solicit funds and would be required to file disclosure reports. But the two opinions differ on whether he may receive federal matching funds.
The first draft states that Hassan would not be allowed to receive matching funds because “the United States Constitution provides that ‘[n]o Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.’”
The second draft ducks the issue, stating that the “Commission expresses no opinion regarding this question” because it is a “hypothetical.”
HERE http://www.rollcall.com/news/fec_drafts_opinions_for_guyana_born_man_about_presidential_run-208330-1.html?pos=opolh
Pixel Patriot: The audacity of the FEC to think that lawyer gobbledygook legal ease is going to fly in the era known as the Obama Crime Spree is beyond hope. This
FEC Advisory Opinion on the Abdul Karim Hassan request not only demonstrates a wanton and demonstrably reckless disregard for the rule of law, but it is exhibit A for the American people to see that we are no longer a nation of laws at all. If they can get away with this, they can get away with anything, ANYTHING!
Article 2 Section 1 Clause 5 of the U.S. Constitution clearly requires the President of the United States to be a
Natural Born Citizen. It is not a recommendation, an option or an exercise in futility. It is a requirement. Period.
Let’s have a closer look at what it is they have said:
“The Commission concludes that Mr. Hassan may qualify as a ‘candidate’ under the Act.”
STOP RIGHT THERE!
No freakin’ way. Are they out of their minds?
He was born in Guyana in 1975.
Then they say:
“The Act and the Commission's regulations do not address a candidate's status as either a natural born citizen or naturalized citizen.”
Mr. Hassan has already done that for them:
“Mr. Hassan indicates that he satisfies all of the constitutional requirements for serving as President, except the national born citizen requirement in Article II, Section 1 Clause 5 of the Constitution."
If you will remember,
Obama admitted he is a native born Citizen with dual allegiance because his father was from Kenya and NEVER an American citizen
which precludes him from being a Natural Born Citizen and eligible for the Presidency and that didn’t stop him either.
This is fraud. People wake up. This is FRAUD.
The FEC even has a law against what their own advisory opinion denotes:
Fraudulent solicitation of funds, prohibited, 2 U.S.C. § 441h(b)
It is posted on their own website
here:
FEDERAL ELECTION
Compiled by
THE
FEDERAL
ELECTION
COMMISSION
Back to their
OPINION:
“Mr. Hassan does not intend to falsely represent or solicit funds for a campaign that is not his”
What they are saying here is as long as he is not falsely representing or soliciting funds for someone else’s campaign, it is quite alright for him to falsely represent or solicit funds for his own campaign.
Are you people tired of this already? Have you had enough yet?
Action Alert: The Federal Election Commission is asking the public to submit comments on the
FEC's draft opinions. The comments from the public must be submitted by hand or fax by August 31st, 2011. The FEC is scheduled to discuss and may vote on the
FEC's draft opinions at an open meeting on September 1st, 2011.
We urge as many folks as possible in the D.C. area to make plans now to attend and record this public hearing at the FEC.
Members of the public may submit written comments on draft advisory opinions by doing the following:
If you wish to comment on
DRAFT A or DRAFT B of ADVISORY OPINION 2011-15, please note the following requirements:
1) Comments must be in writing, and they must be both legible and complete.
2) Comments must be submitted to the Office of the Commission Secretary by hand delivery
or fax (202) 208-3333, with a duplicate copy submitted to the Office of General Counsel by hand delivery
or fax (202) 219-3923.
3) Comments must be received by noon (Eastem Time) on August 31,2011.
4) The Commission will generally not accept comments received after the deadline. Requests to extend the comment period are discouraged and unwelcome. An extension request will be considered only if received before the comment deadline and then only on a case-by-case basis in special circumstances.
5) All timely received comments will be made available to the public at the Commission's Public Records Office and will be posted on the Commission's website at http://saos.mctusa.com/saos/searchao.
Office of the Commission Secretary
Federal Election Commission
999 E Street, NW
Washington, DC 20463
Office of General Counsel
ATTN: Rosemary C. Smith, Esq.
Federal Election Commission
999 E Street, NW
FEC draft opinion saying non U.S.-born naturalized citizens can file and raise funds to run for President
