As outlined in more detail below, Mr. Philip Berg alleged, in his lawsuit against Obama, that Obama used an Indonesian Passport at one point. (Note: Berg's complaint has been dismissed, but he is appealing in both the Third Circuit and the Supreme Court. See here for current status of his appeals.)
So, the question is, what's the evidence to support these allegations?
(Note: If you are aware of additional evidence, that either supports or refuts the allegations, please submit it through a Comment, and we will update this information accordingly! Thank you!)
Let's break the allegations down:
The Berg Complaint Allegations | Pleading Citation(s) | Evidence Cited in Pleadings | |
A | "Investigation further showed in 1981, Obama traveled to Pakistan ... | Complaint ¶ ¶33, 60, 68. See also Writ Petition (US Supreme Court) at 14-15. | None. |
B | ...using his Indonesian passport." | Id. | None. |
C | "At the time of travels to Indonesia, Obama was twenty (20) years old." | Id. | None. |
C1 | Pakistan was so dangerous that it was on the State Department's travel ban list for U.S. Citizens. | Writ Petition (US Supreme Court) at 14 | |
D | "He was well aware .... | Complaint ¶ ¶33, 60, 68. | None. |
E | "... he maintained his Indonesia citizenship, and failed to regain his United States citizenship." | Id. | None. |
F | "Indonesia |
Id. | None. |
G | "Had Obama regained his United States citizenship, he would have been traveling on a United States Passport." | Id. | None. |
Analysis of "Evidence" Available on the Internet
A | "Investigation further showed in 1981, Obama traveled to Pakistan ... | ||
What's Your Evidence? | Citation | Notes | |
True | "At a fundraiser in San Francisco, Ca., Sen. Barack Obama, D-Ill., claimed he had more world experience than his rivals, Sens. John McCain, R-Ariz., and Hillary Clinton, D-N.Y., and introduced a new bit of biographical information. *** "You do that in eighty countries," Obama said, "You don't know those eighty countries. So when I speak about having lived in Indonesia for four years, having family that is impoverished in small villages in Africa --knowing the leaders is not important -- what I know is the people...I traveled to Pakistan when I was in college -- I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee." This last part -- a college trip to Pakistan -- was news to many of us who have been following the race closely. And it was odd that we hadn't hear about it before, given all the talk of Pakistan during this campaign. So I asked the Obama campaign for more information. Apparently, according to the Obama campaign, In 1981 -- the year Obama transferred from Occidental College to Columbia University -- Obama visited his mother and sister Maya in Indonesia. After that visit, Obama traveled to Pakistan with a friend from college whose family was from there. The Obama campaign says Obama was in Pakistan for about three weeks, staying with his friend's family in Karachi and also visiting Hyderabad in Southern India. |
See Jake Tapper, "Obama's College Trip to Pakistan," ABCNews -Political Punch, Apr. 8, 2008. About Jake Tapper. |
See Conclusion. |
Conclusion: Likely True; Supported by Obama Statements | |||
Given that the ABC/Jake Tapper article contains direct quotes from Obama, and that the reporter obtained confirmation of the asserted fact from the Obama campaign, it appears more likely than not that Obama would not dispute this allegation. |
B | "...Obama traveled to Pakistan using his Indonesian passport." | ||
What's Your Evidence? | Citation | Notes | |
False | None.
|
See, e.g., "Obama s Dual Citizenship Disaster," Stop the ACLU, Aug. 11, 2008. About Stop the ACLU. |
See Conclusion. |
False | "There are reports -- unconfirmed and largely from the same coterie that produced the Techdude fiasco[*] -- that either Republicans or Clinton operatives have scoured the hinterlands of Indonesia, Kenya, and even Pakistan -- where Obama is alleged to have entered using a non-American passport." |
See "LOLo: [O]ne certificate theory crashes but new Obama citizenship doubts arise," IsraelInsider.com (Aug. 12, 2008). |
*The "Techdude fiasco" is a reference to Techdude, the purported forensic expert who alleged to have proven that the birth certificate produced by Obama was forged. As noted in the article, "
|
False | "A WND investigation could not find any proof Obama used an Indonesian passport to travel to Pakistan. However, WND noted that Pakistan in 1981 was under military rule and that it was difficult for U.S. citizens to travel to the country without assistance -- meaning, it would have been easier to enter Pakistan on an Indonesian passport." | See Drew Zahn, "Democrat sues Sen. Obama over 'fraudulent candidacy' WorldNetDaily.com, August 23, 2008. About WorldNetDaily. |
See Conclusion. |
Conclusion: Likely False; Not Supported by Any Verifiable Facts | |||
Given that no evidence, or facts that could lead to evidence, has been reported by any verifiable source, it seems highly likely that this allegation is false. |
C | "At the time of travels to Indonesia, Obama was twenty (20) years old." | ||
What's Your Evidence? | Citation | Notes | |
True | "...Obama said, "...So when I speak about having lived in Indonesia for four years, having family that is impoverished in small villages in Africa --knowing the leaders is not important -- what I know is the people...I traveled to Pakistan when I was in college -- I knew what Sunni and Shia was [sic] before I joined the Senate Foreign Relations Committee." *** Apparently, according to the Obama campaign, In 1981 -- the year Obama transferred from Occidental College to Columbia University -- Obama visited his mother and sister Maya in Indonesia. After that visit, Obama traveled to Pakistan with a friend from college whose family was from there. The Obama campaign says Obama was in Pakistan for about three weeks, staying with his friend's family in Karachi and also visiting Hyderabad in Southern India. |
See Jake Tapper, "Obama's College Trip to Pakistan," ABCNews -Political Punch, Apr. 8, 2008 (accessed Aug. 23, 2008). | See Conclusion. |
Conclusion: Likely True; Supported by Obama Statements | |||
Given that the ABC/Jake Tapper article contains direct quotes from Obama, and that the reporter obtained confirmation of the asserted fact from the Obama campaign, it appears more likely than not that Obama would not dispute this allegation. |
C1 | (At the time Obama traveled to Pakistan), Pakistan was so dangerous that it was on the State Department's travel ban list for U.S. Citizens. | ||
What's Your Evidence? | Citation | Notes | |
False | A contemporaneous NYTimes article stated expressly that travel visas were available (and necessary) for Americans. We note that it appears that at least some Travel Advisories were issued for Pakistan. For example, in 1987, a travel advisory was issued, reported as follows:
|
See Barbara Crossette, "Lahore, A Survivor with a Bittersweet History," New York Times, June 14, 1981 (in article about travel to Lahore, Pakistan, noting that: "Tourists can obtain a free, 30-day visa (necessary for Americans) at border crossings and airports."). | See Conclusion. |
1/26 Update: The U.S. State Department Travel Advisory to Pakistan in 1981 confirms the newspaper account:
|
See U.S. State Department Travel Advisory to Pakistan (hat tip: ObamaConsiracy.org) | See Conclusion. | |
Conclusion: Likely False; Contradicted by Contemporaneous Reporting and Not Supported by any Verifiable Facts | |||
We have found no evidence of any State Department Travel Ban to Pakistan in 1981 and, in fact, a contemporaneous NYTimes article stated that travel visas were available (and necessary) for Americans.
1/26 Update: The US State Department Advisory directly confirms that US citizens could obtain visas to Pakistan in 1981. |
E | "He was well aware he maintained his Indonesia citizenship, and failed to regain his United States citizenship." | ||
What's Your Evidence? | Citation | Notes | |
Initial Note: This assumes facts not in evidence -- i.e.,
That being said, the following information may be relevant to this allegation. | |||
False | None. | none found. | See Conclusion. |
False |
"If Obama indeed possessed Indonesian citizenship as a child, it is unlikely he retains such citizenship. The country's bylaws require any Indonesian citizen living abroad for more than five years to formally declare his intention to return, otherwise risk losing his citizenship status. The law does not necessarily mean Indonesian citizenship would be immediately lost. The law can be overruled by ministerial order." "An investigation into Indonesian citizenship law and a review of Obama's biography and travels suggest the Illinois senator at one point may have been a citizen of Indonesia. That would not necessarily disqualify Obama to run for president, but it could raise loyalty concerns." |
See Aaron Klein, "Was young Obama Indonesian Citizen?," WorldNetDaily, Aug. 17, 2008 (Accessed Aug. 23, 2008). About World Net Daily. |
Note that the article does not conclude or even adopt the proposition that Obama had Indonesian citizenship; it merely raises the possiblity that he may have had such citzenship. |
Conclusion: Factual Allegation Assumes Facts Not In Evidence | |||
As noted above, this allegation assumes facts not in evidence/lacks foundation. Stated another way,
| |||
Conclusion: Factual Allegation Likely False; Not Supported by Any Verifiable Facts | |||
Given that no evidence, or facts tending to lead to evidence has been reported, it is reasonable to conclude that this allegation is false.
Moreover, according to WorldNetDaily -- which is hardly an Obama apologist - even assuming that Obama may have once been an Indonesian citizen, he likely lost that citizenship. | |||
Note re: Legal Argument | |||
DISCLAIMER: The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. Re: the legal conclusion stated in the WorldNetDaily article ...
9/30 Update: See also the 1952 Immigration & Nationality Act, Title III, Chapter 3, Sections 349 and 355 (available as PDF here), which was in effect in the late 1960s when Obama went to Indonesia, and which stated that a minor does not lose his US citizenship upon the naturalization of his parents (or any other actions of his parents), so long as the minor returns to the US and establishes permanent US residency before the age of 21. |
F | "Indonesia | ||
What's Your Evidence? | Citation | Notes | |
True | According to the U.S. State Department, Indonesian law does not recognize dual nationality for adults over 18 years of age. Because of this, U.S. citizens who are also documented as Indonesian nationals may experience difficulties with immigration formalities in Indonesia. *** In July 2006 the Indonesian Parliament passed new legislation allowing children under age 18 to maintain a foreign nationality as well as Indonesian citizenship. Parents whose children hold both Indonesian and U.S. citizenship may experience difficulties with entry and exit immigration procedures until the new law is fully implemented. | U.S. State Department, Indonesia: Country Specific Information, (emphasis added) | See Conclusion. |
Conclusion: Inaccurate Statement as Written, but "fixable" | |||
Precision matters in court documents. Here, Berg alleges that "Indonesia does not allow dual citizenship." However, it appears, at least, that Indonesian law now does permit such dual citizenship for individuals under 18. That being said, giving the benefit of the doubt to Berg and assuming that he meant to say that Indonesian law did not permit dual citizenship during the relevant time ..... | |||
Note re: Legal Argument | |||
DISCLAIMER: The information provided below is legal informaton found to date, but we wish to make clear that we are not providing independent legal analysis on these issues. If and when we find additional legal analysis from a qualified attorney, we will post that information. Re: the legal conclusion that Indonesian law [did not] permit dual citizenship.
|
G | "Had Obama regained his United States citizenship, he would have been traveling on a United States Passport." | ||
What's Your Evidence? | Citation | Notes | |
False | None. | None. | As noted above, there is no evidence, or facts leading to evidence, to support Berg's assertion that Obama used an Indonesian passport to travel to Pakistan. |
Conclusion: Circular Argument & Assumes Facts Not in Evidence | |||
Berg apparently offers this allegation to support his other allegation that Obama had Indonesian citizenship and lost his U.S. citizenship. However, as noted above, there is no evidence, or facts leading to evidence, to support Berg's assertion that Obama used an Indonesian passport to travel to Pakistan. 1/28 Update: Moreover, the US State Department's 1981 Advisory expressly stated that Pakistani travel was permitted and that a US 30-Day visa for such travel was required.
Moreover, this allegation assumes facts not in evidence/lacks foundation. Stated another way, Berg must first prove that Obama lost his U.S. citizenship, before he can successfully assert that Obama needed to regain it. (See U.S. Citizenship for more info). |