PB

>>21291097, >>21291213, >>21291341 John Eastman: Kamala Harris may not be eligible to be President Why isn't anyone talking about this?

Kamala's mother was on an expired student visa and may have had some diplomatic status. Her grandfather was an Indian 'Civil Servant'.

She doesn't pass citizenship test on the jurisdiction part. Fake news only wants people to look at the location of birth question.

Article from CIS discussing that clause and how Potatomala regime ignores it

‘Subject to the Jurisdiction Thereof . . .’

Congress needs to fix State Department rules on citizenship for children of diplomats

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By Jon Feere on December 6, 2023

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

— 14th Amendment’s Citizenship Clause

The 14th Amendment’s Citizenship Clause contains two requirements for obtaining U.S. citizenship by birth: (1) the birth must have occurred within the United States; and (2) the person born must be subject to the jurisdiction of the United States. Birthright citizenship in the United States is not universal, as the Citizenship Clause makes it clear that birth on U.S. soil, alone, is not sufficient. The debate on birthright citizenship has been centered on Congress’s intent with the second part of this clause, which I detailed in this report: “Birthright Citizenship in the United States: A Global Comparison”.

In sum, it was the sense of Congress that although the 13th Amendment ended slavery, the amendment was not effective in ending continued violations of civil rights, leading to the Civil Rights Act of 1866, which read, in part, “That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.” Two years later, Congress would put this language into the 14th Amendment, though it swapped out the negative clause — “not subject to any foreign power” — for a positive clause: “subject to the jurisdiction” of the United States.

Though there has been a lot of debate in recent decades about what Congress intended by including the “subject to the jurisdiction” language and, subsequently, who should automatically be considered a U.S. citizen at birth, there is agreement among all sides of the debate that, in the least, children born to foreign diplomats are not “subject to the jurisdiction” of the United States and should not be receiving U.S. passports upon birth.

It turns out that even this narrow interpretation of the Citizenship Clause is failing to be properly applied by the State Department as it hands out U.S. passports, according to a troubling case highlighted in a recent Washington Post article discussed below. This is not a surprise as I’ve written two pieces on birthright citizenship in the context of diplomatic births and concluded that the systems in place are insufficient for ensuring that the 14th Amendment is operating as intended:

“Birthright Citizenship for Children of Foreign Diplomats?

Limiting Language in the 14th Amendment’s Citizenship Clause Has No Practical Effect”

“Why the Citizenship Clause Should Be Taken More Seriously

The State Department’s convoluted processes and interpretations of the 14th Amendment likely contribute to many grants of U.S. citizenship and permanent residency that were not intended by Congress. While it’s good the State Department is attempting to correct past mistakes, Congress should step in and provide the executive branch some clarity that it desperately needs and explain, through simple legislation, that children born to temporarily resident aliens, including children of foreign diplomatic staffers, are not to be considered U.S. citizens or legal permanent residents (LPRs) at birth. Congress made a clarification on the intended scope of the 14th Amendment in the 1920s and extended the Citizenship Clause to children born to American Indians. Congress has never done this for children of tourists, foreign students, diplomatic staffers, or any other category of temporarily visiting aliens. As Circuit Court Judge Richard Posner wrote in a 2003 case, “Congress would not be flouting the Constitution if it amended the Immigration and Nationality Act to put an end to the nonsense.”

>>21291598

>The 14th Amendment’s Citizenship Clause contains two requirements for obtaining U.S. citizenship by birth: (1) the birth must have occurred within the United States; and (2) the person born must be subject to the jurisdiction of the United States

State Department Admits Error in Citizenship Grant. Siavash Sobhani received a notice from the State Department that he is not actually a U.S. citizen despite the fact that the State Department issued him a U.S. passport when he was a child some 60 years ago. Sobhani was attempting to renew his passport but instead received a letter from a State Department official who “informed him that he should not have been granted citizenship at the time of his birth because his father was a diplomat with the Embassy of Iran”. The letter read, in part:

As a member of your parent’s household at the time of your birth, you also enjoyed full diplomatic immunity from the jurisdiction of the United States. As such, you were born not subject to the jurisdiction of the United States. Therefore, you did not acquire U.S. citizenship at birth.

But Sobhani’s father didn’t start off as a diplomatic staffer. According to Sobhani, his father was originally in the United States as a “military student”, meaning that he was on some sort of a temporary visa. While in the United States on this temporary visa, he and his wife gave birth to Sobhani’s older brother, Rob, who was born at Fort Leavenworth in Kansas — America’s second oldest Army post — with a congenital condition that required surgery. The State Department issued infant Rob a U.S. passport. Instead of returning home upon the expiration of his temporary visa, Sobhani’s father persuaded the Iranian Embassy to issue him a “temporary job” at the embassy, the goal being to extend the family’s stay in the United States so the newborn Rob could get corrective surgery. Sobhani’s father worked at the Iranian Embassy in October and November of 1961. That November, the second child, Siavash, was born at Walter Reed Army Medical Center outside Washington, D.C.; he also received a U.S. passport. With these passports, both children were determined to be U.S. citizens by the State Department.

A proper reading of the 14th Amendment’s Citizenship Clause would result in no grant of citizenship to either child — they would take on their father’s Iranian citizenship. The father was in the United States on a temporary basis, he was not a permanent resident, and during one of the births he was an official representative of a foreign government. Every person who has debated the Citizenship Clause would conclude that, in the least, Siavash shouldn’t have been given a U.S. passport on account of being born to a foreign diplomatic staffer. But this silly outcome — different children in the same family having different citizenship based entirely on a parent moving from one temporary visa to another — illustrates why this narrower reading of the Citizenship Clause likely isn’t what Congress intended. The simpler, straightforward, and more defensible interpretation of congressional intent is that all children born in the United States to temporarily present foreign nationals are not to be considered U.S. citizens at birth.

The State Department deciding to revoke Siavash’s passport six decades after his birth brings attention to a very messy aspect of the State Department’s muddled practices on the 14th Amendment — discussed in greater detail, below — but it also highlights how foreign nationals sometimes work with their home country’s embassy to game the diplomatic visa process in order to obtain benefits and extended stays in the United States. Undoubtedly many other foreign nationals from a variety of countries have obtained diplomatic visas for the explicit purpose of obtaining a U.S. passport for their newborns; some diplomatic visas allow for births of U.S. citizens and some do not, according to the State Department’s questionable application of the 14th Amendment.

…..

https://cis.org/Feere/Subject-Jurisdiction-Thereof

>>21291598

>‘Subject to the Jurisdiction Thereof . . .’

>>21291614

The progressive Indian grandfather who inspired Kamala Harris

Kamala Harris with her grandparents and other relatives.

Kamala Harris, back row at left, in an undated family photo. Next to her, from left, are her grandmother Rajam Gopalan, grandfather P.V. Gopalan and sister, Maya Harris. With them are Maya’s daughter, Meena, left, and Harris’ cousin Sharada Balachandran Orihuela.

(Courtesy of Sharada Balachandran Orihuela)

By Shashank Bengali, Melanie Mason

Oct. 25, 2019

|3 AM

NEW DELHI — For a girl from Berkeley, about 5 years old, the setting must have been intoxicating: a bungalow surrounded by greenery in a newly independent African capital, where children ran outside to wave at the president’s car as he drove past.

This was where a young Kamala Harris spent time in the late 1960s, at a house in Lusaka, Zambia, that belonged to her maternal grandfather, an Indian civil servant on assignment in an era of postcolonial ferment.

The Indian government had dispatched P.V. Gopalan to help Zambia manage an influx of refugees from Rhodesia— the former name of Zimbabwe — which had just declared independence from Britain. It was the capstone ofa four-decade career that began when Gopalan joined government service fresh out of college in the 1930s,in the final years of British rule in India.

P.V. Gopalan in an undated photo

P.V. Gopalan, Kamala Harris’ grandfather, seen in India in an undated family photograph.

It was also the start of a relationship that would define Harris’ life. Until his death in 1998, Gopalan remained from thousands of miles away a pen pal and guiding influence — accomplished, civic-minded, doting, playful — who helped kindle Harris’ interest in public service.

https://archive.is/PwLLI#selection-2149.1-2149.320

>>21291598

>>21291614

>>21291637

Long article in NYT about parents from 2019. Discusses their involvment with the Black Nationalist Movement.

Black Panthers

Think Jussie Smollet

"a black study group"

How Kamala Harris’s Immigrant Parents Found a Home, and Each Other, in a Black Study Group

Donald Harris and Shyamala Gopalan grew up under British colonial rule on different sides of the planet. They were each drawn to Berkeley, and became part of an intellectual circle that shaped the rest of their lives.

By Ellen Barry

Published Sept. 13, 2020Updated Oct. 6, 2020

….

Senator Kamala Harris often tells the story of her parents’ romance. They were idealistic foreign graduate students who were swept up in the U.S. civil rights movement — a variation of the classic American immigration story of huddled masses welcomed on its shores.

That description, however, barely scratches the surface of Berkeley in the early 1960s. The community where they met was a crucible of radical politics, as the trade-union left overlapped with early Black nationalist thinkers.

It brought a wave of Black undergraduates, many the descendants of sharecroppers or enslaved people who had migrated from Texas and Louisiana, into conversation with students from countries that had fought off colonial powers.

Members of the study group that drew them together in 1962, known as theAfro American Association, would help build the discipline of Black studies, introduce the holiday of Kwanzaa and establish the Black Panther Party.

Long after the particular intensity of the early ’60s passed, the community it created endured.

Senator Harris, who declined to comment for this story, was one of the more moderate Democrats in the 2020 field of presidential candidates, and has cast her political outlook in decidedly pragmatic terms.

…

Image

The University of California at Berkeley’s campus in 1969. The community where the couple met in the early 1960s was a crucible of radical politics.

The University of California at Berkeley’s campus in 1969. The community where the couple met in the early 1960s was a crucible of radical politics.Credit…Ernest K. Bennett/Associated Press

Finding a group

Shyamala Gopalan fell into important friendships at Berkeley right away.

As she stood in line to register for classes, in the fall of 1959, the person standing behind her was Cedric Robinson, a Black teenager from Oakland.

In 1960, there were fewer than 100 Black students in a student body of 20,000, the historian Donna Murch writes in her book “Living for the City: Migration, Education and the Rise of the Black Panther Party.”

Mr. Robinson, whose grandfather had fled Alabama in the 1920s to escape a lynching, was the first in his family to enroll in college. “As a Black kid from Oakland, he didn’t even know what one did to get into the university,” recalled his widow, Elizabeth.

The woman in front of him made an impression. Ms. Gopalan, his elder by two years, often wore a sari in those days, and acquaintances said they thought she came from royalty; that’s how she carried herself. When Mr. Robinson stepped up to the desk, the registrar assumed he was a graduate student from Africa, and asked, politely, if his country was also paying his tuition.

Mr. Robinson, who died in 2016, thought that was hilarious, said the historian Robin D.G. Kelley. He would tell that story over the years, as he went on to earn a master’s and a Ph.D., then tenure at the University of California at Santa Barbara, writing five books along the way. ==He and Ms. Gopalan would form a lifelong friendship.

When he wrote his best-known book, “Black Marxism: The Making of the Black Radical Tradition,” in 1983, ==he listed the old friends who had helped him formulate his ideas. They were all Black, except for Ms. Gopalan.

They would both become part of a Black intellectual study group that met in the off-campus house of Mary Agnes Lewis, an anthropology student.

The group, later known as the Afro American Association, was “the most foundational institution in the Black Power movement,” said Ms. Murch, who devotes two chapters to it in her book.

>>21291733

>He and Ms. Gopalan would form a lifelong friendship.

>When he wrote his best-known book, “Black Marxism: The Making of the Black Radical Tradition,” in 1983, he listed the old friends who had helped him formulate his ideas. They were all Black, except for Ms. Gopalan.

Image

Ms. Gopalan at a civil rights protest in Berkeley, Calif.

Ms. Gopalan at a civil rights protest in Berkeley, Calif.Credit…Kamala Harris campaign, via Associated Press

Many in their circles saw a link between the civil rights struggle and independence movements outside the country, said Mr. LaBrie, a member of the study group who became a lifelong family friend.

“It was just kind of a seamless flow between civil rights and those whosupported the Cuban revolution,” the Congolese independence leader Patrice Lumumba and the Algerian revolution,Mr. LaBrie said. “There was an easy flow. People weren’t labeling themselves.”

In 1963 and 1964,five members of the group joined a trip to Cuba organized by the Student Committee for Travel to Cuba, in defiance of a State Department travel ban, to see how Afro Cubans lived under Fidel Castro’s government. Ms. Williams and another member, James L. Lacy, recalled first hearing about the trip at a gathering organized by the Harrises.

“Those of us who called ourselves nationalists, we were very much encouraging the people of Cuba and South America and Central America to do what they were doing,” said Mr. Lacy, 85, a retired professor.

Mr. Harris said he did not recall taking part in any activism around Cuba, which could have jeopardized their immigration status. “We were certainly very much aware of, and scrupulously careful about following, the rules and regulations governing our role as foreign students,” he wrote.

Mr. Harris said he did not recall taking part in any activism around Cuba,which could have jeopardized their immigration status. “We were certainly very much aware of, and scrupulously careful about following, the rules and regulations governing our role as foreign students,” he wrote.

Protests around civil rights, however, were a big part of the young couple’s life. In her speech at the Democratic National Convention last month, Senator Harris said that her parents “fell in love in that most American way — while marching together for justice in the civil rights movement of the 1960s.”

For foreign students — many coming from countries with strong left-wing student movements — the rise in activism made them feel at home, said the Indian economist Amartya Sen, 86, who was teaching at Berkeley at the time and befriended the couple.

https://archive.is/cI969

>>21291798

kek

yeah…ok Axios

"peaked at 15 percent"

Kamala Harris drops out of 2020 presidential race

Harris had been lagging in the polls and struggling to gain traction

California Sen. Kamala Harris, seen in Iowa this summer, is ending her bid for the Democratic presidential nomination. (Caroline Brehman/CQ Roll Call file photo)

California Sen. Kamala Harris, seen in Iowa this summer, is ending her bid for the Democratic presidential nomination. (Caroline Brehman/CQ Roll Call file photo)

By Simone Pathé

Posted December 3, 2019 at 1:22pm

California Sen. Kamala Harris announced Tuesday that she is suspending her presidential campaign, citing a lack of financial resources.

“I’ve taken stock and looked at this from every angle, and over the last few days have come to one of the hardest decisions of my life,” Harris wrote in a letter to supporters Tuesday. “It is with deep regret — but also with deep gratitude — that I am suspending my campaign today.”

The first-term senator, who was elected to the chamber in 2016, could have made history as the first African-American female to win the nomination of a major party for president.

Support for Harris in national polls peaked at 15 percent after her breakout debate performance in June, when she clashed with former Vice President Joe Biden on busing.

But it has been declining ever since,hitting a low of about 3 percent on Dec. 2, according to a Real Clear Politics average. That put her in sixth place, behind former Vice President Joe Biden, Vermont Sen. Bernie Sanders, Massachusetts Sen. Elizabeth Warren, South Bend, Ind., Mayor Pete Buttigieg and former New York City Mayor Michael Bloomberg.

[jwp-video n=”1″]

Harris’ campaign had recently laid off staffers. Internal turmoil dominated headlines, with advisers sniping at her campaign manager and an organization fractured between headquarters on two different coasts struggling to right the ship.

Harris’ departure from the race leaves 15 Democrats — four of whom are women — seeking the nomination.

The daughter of an Indian mother and Jamaican father, Harris was the first African-American woman elected as San Francisco District Attorney and later California Attorney General. That 2010 race helped raise her national profile. Harris is only the second black woman to serve in the Senate.

“Our campaign uniquely spoke to the experiences of Black women and people of color — and their importance to the success and future of this party,” Harris wrote in her letter to supporters.

She had racked up the second-highest number of endorsements from Democratic members of Congress — 17 — and the most endorsements from members of the Black and Hispanic Caucuses thus far.

Harris said she is “still very much in this fight,” but didn’t offer support for any other candidate. “I will do everything in my power to defeat Donald Trump and fight for the future of our country and the best of who we are.”

Niels Lesniewski, Stephanie Akin and Bridget Bowman contributed to this report.

https://rollcall.com/2019/12/03/kamala-harris-drops-out-of-2020-presidential-race/

>>21291832

>Kamala Harris drops out of 2020 presidential race

her own state hates her

Kamala Harris’ poll numbers tumble in her home state of California

By Maeve Reston, CNN

5 minute read

Updated 12:15 AM EDT, Thu October 3, 2019

Los Angeles CNN —

In yet another sign of trouble for Sen. Kamala Harris in the 2020 presidential race, the California Democrat has slid from an enviable front-runner position in herhome state into the single digits in a new pollof likely voters in the Golden State.

As the state’s March 5 primary draws closer, Sen. Elizabeth Warren of Massachusetts (23%), former Vice President Joe Biden (22%) and Sen. Bernie Sanders of Vermont (21%) are now tied as the leaders in the field among likely voters who are either registered as Democrats or identify as Democratic-leaning independents in the new Public Policy Institute of California poll, which was conducted in mid- to late September after Harris’ uneven performance in the last debate.

Harris tumbled from 19% in July to 8% in the new poll by the institute, failing to sustain the momentum she sparked with her first debate performance in June. She lost significant ground over the summer, while her chief rivals all solidified their standing among California voters.

In the July poll, Warren was at 15%, Sanders was at 12% and Biden was at 11% – all trailing Harris, who got both a fundraising and a polling bounce after she delivered a fiery performance in the first debate in Miami by questioning the former vice president’s past opposition to busing for the purpose of desegregating schools.

While it is often said that California tends to reflect the national state of play of the presidential race – because it is so expensive to wage an intensive campaign in this vast and diverse state – the new Public Policy Institute of California poll underscores that Harris does not seem to be drawing any advantage from the fact that she served as the state’s attorney general and continues to serve constituents as the state’s junior US senator.

“These numbers reflect what’s going on in the national scene, but they also reflect that there is not a home state advantage (for Harris). There’s not an advantage from the fact that she’s run in statewide races here in 2010, 2014 and 2016,” said Mark Baldassare, who directs the survey and is the institute’s president and CEO.

Harris’ supporters and advisers had hoped she would be able to rack up a considerable number of delegates in California when the state holds its Super Tuesday contest, building momentum that would carry her into the spring primaries.

“Sen. Harris has to prove to (California) voters just like any other Democratic presidential candidate – ‘What are you going to do for me?’ and ‘Where do you stand on the issues?’ and ‘Are you the person who is most likely to defeat Donald Trump?’” Baldassare said. “The name identification associated with being the state’s senator and somebody who’s been on the ballot – it’s not an advantage right now.”

The new California poll numbers come as Harris’ campaign is restructuring its leadership and attempting to streamline its decision-making. After stumbling through a fog of confusion about her position on the single-payer “Medicare for All” proposal and amid falling poll numbers over the past three months – including in South Carolina, where a recent survey showed her at 3% – Harris is moving her Senate chief of staff, Rohini Kosoglu, and senior adviser Laphonza Butler into top leadership positions within the campaign.