What's Your Evidence?: Was Obama Born in Kenya? Is Obama a Kenyan Citizen?

As outlined in more detail below, Mr. Philip A. Berg alleges, in his lawsuit against Obama, that Obama was born in Kenya and/or is a Kenyan citizen. (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!)

Updated 1/3 to remove duplicative information:

See also Was Obama Born in Kenya? (Part 2) for additional information regarding Berg's allegations that Obama was born in Kenya, including information regarding the "grandmother" tapes.

See also Reports that Obama's COLB is Authentic, for information regarding Hawaii DOH confirmation of Obama's Hawaiian birth.

Let's break the allegations down:

Allegation		Pleading Citation(s)	Evidence Cited in Pleadings
A	"Wayne Madsen, Journalist with Online Journal was a contributing writer and published an article on June 9, 2008 ...	Complaint ¶ 20; see also TRO Memo at 3.	None.
B	... stating the GOP sent a research team to Mombasa, Kenya and ...	Id.	None.
C	[Did the GOP, in fact, send a research team to Mombasa, Kenya?]	---	---
D	... located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen.	Id.	None.
E	[Did the GOP, in fact, locate a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen?]	---	---
F	At the time of Obama's birth in 1961, Kenya was a British Colony.	Complaint ¶ 21; see also TRO Memo at 3.	None.
G	Legal Conclusion: Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963.	Complaint ¶ 23; see also TRO Memo at 3.	Citations to Support Legal Argument: None.
H	Chicago-based Internet journalist, broadcaster and critic Andy Martin ...	Id.	None.
I	...states Obama has never renounced his Kenyan citizenship.	Complaint ¶ 23; see also TRO Memo at 3-4.	None.
J	[Did Obama, in fact, need to renounce any alleged Kenyan citizenship?]	---	---
K	Andy Martin further states [that] on Obama's Senate web site, Obama tap dances around his own dual nationality when discussing his father.	Complaint ¶ 23; see also TRO Memo at 4.	None.
L	[Does Obama's Senate website actually address dual nationality?]	---	---
M	[Andy Martin further states that] Obama obviously knows, because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality.	Id.	None.
N	[Did "Obama obviously know[], because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality"]	---	---
O	Legal Conclusion: If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama's mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14). --------------- The laws in effect at the time of Obama's birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. ...	Complaint ¶ 24; see also TRO Memo at 4.	Citations to Support Legal Conclusion: Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F- and G-, 2 I & N Dec. 182 (B.I.A.), approved (Att y Gen. 1944).
P	At the time of Obama's birth, his mother was only eighteen (18) ....	Id.	None.
Q	Legal Conclusion: Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya.	Complaint ¶ 25; see also TRO Memo at 4.	Citations to Support Legal Argument: None.

Analysis of "Evidence" Available on the Internet

A	"Wayne Madsen, Journalist with Online Journal was a contributing writer and published an article on June 9, 2008 ...
What's Your Evidence?		Citation	Notes
True	"Wayne Madsen is a Washington, DC-based investigative journalist and nationally-distributed columnist. He is the editor and publisher of the Wayne Madsen Report."	See The Online Journal.	---
Conclusion: True, according to Online Journal
Berg's allegation is consistent with the The Online Journal's description.

B	"... stating the GOP sent a research team to Mombasa, Kenya and ..."
What's Your Evidence?		Citation	Notes
True	"GOP dirty tricks operatives dispatched to Kenya to dig up any useful "dirt" on Democratic presidential nominee Barack Obama, Jr., and his late Kenyan father Barack Obama, Sr......"	See Wayne Madsen, "GOP dirty tricks machine readies a charge that Obama is not eligible to be president," OnlineJournal.com (June 8, 2008).	---
Conclusion: True
Madsen's online article does, indeed, contain the statement paraphrased by Berg. Note, however, that Berg's description is incomplete, as shown below.

C	*[Did the GOP, in fact, send a research team to Mombasa, Kenya?]*
What's Your Evidence?		Citation	Notes
????	Other than Madsen's article, and many blogs referring to the information contained in the article, we have found no evidence that the GOP did, in fact, send a research team to Kenya.	---	---
Conclusion: Unclear
Although we can find no evidence of such a trip, other than Madsen's assertion, political parties may elect to withhold information until a time they deem politically expedient, it is possible that this trip did take place and the GOP has just not yet confirmed it. Thus, we do not know whether this statement is true or not.

D	"[Madsen reported that the GOP] ... located a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen. "
What's Your Evidence?		Citation	Notes
Part True	"GOP dirty tricks operatives dispatched to Kenya .... believe they have found a "smoking gun." In this case, it is a birth certificate from the Kenyan city of Mombasa registering the birth of Barack Obama, Jr., on August 4, 1961. However, the registration is a common practice in African countries whose citizens abroad have families with foreign nationals. Obama was born in Honolulu, Hawaii, to his Ann Dunham of Wichita, Kansas, and Barack Obama, Sr., of Nyangoma-Kogelo, Kenya. False: Madsen's article does NOT reference the "Maternity Hospital," as alleged by Berg.	See Wayne Madsen, "GOP dirty tricks machine readies a charge that Obama is not eligible to be president," OnlineJournal.com (June 8, 2008).	We have not yet found evidence to support or refut Madsen's contention that such registration is a common practice.
Conclusion: True, but incomplete and misleading
Madsen's online article does, indeed, contain the statement paraphrased by Berg. Note, however, that Berg's description of the artricle fails to include the bolded information shown above. Thus, while Berg purports to rely on Madsen's article to "prove" one potentially relevant fact, he disingenuously fails to include that part of Madsen's report that conflicts with his theory.

E	"[Did the GOP, in fact, locate a Certificate Registering the birth of Barack Obama, Jr. at a Maternity Hospital, to his father, a Kenyan Citizen and his mother, a U.S. Citizen?]"
What's Your Evidence?		Citation	Notes
????	Other than Madsen's article, and many blogs referring to the information contained in the article, we have found no evidence that the GOP did, in fact, locate a certificate registaring the birth of Barack Obama Jr. at a Maternity Hospital a research team to Kenya.	---	---
Conclusion: Factual Allegation Likely False; Not Supported by Any Verifiable Facts
Although we can find no evidence that the GOB located a Kenya "certificate registering the birth" of Obama (other than Madsen's unsourced assertion), political parties may elect to withhold information until a time they deem politically expedient. Thus, it is possible that the GOP located such information and just has note yet released it. Thus, we do not know whether this statement is true or not. See also Reports that Obama's COLB is Authentic, for information regarding Hawaii DOH confirmation of Obama's Hawaiian birth.

F	"At the time of Obama's birth in [August 4.] 1961, Kenya was a British Colony. "
What's Your Evidence?		Citation	Notes
True	"British exploration of East Africa in the mid-1800s eventually led to the establishment of Britain's East African Protectorate in 1895. *** Kenya became independent on December 12, 1963, and the next year joined the Commonwealth."	See U.S. Department of State; see also Kenyan Embassy: History of Kenya	---
Conclusion: True, per US State Department
According to the US State Department and multiple sites, this statement is accurate.

G	LEGAL ARGUMENT: "Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963. "
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. FactCheck.org analyzes this issue as follows: When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom's dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.'s children: British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth. In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. Obama's British citizenship was short-lived. On Dec. 12, 1963, Kenya formally gained its independence from the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution specifies that: 1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963... 2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963. As a citizen of the UKC who was born in Kenya, Obama's father automatically received Kenyan citizenship via subsection (1). So given that Obama qualified for citizen of the UKC status at birth and given that Obama's father became a Kenyan citizen via subsection (1), it follows that Obama did in fact have Kenyan citizenship after 1963. So The Rocky Mountain News was at least partially correct. But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya's Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982. 9/8 Update: The U.S. State Department website confirms that: Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.) See Acquisition of U.S. Citizenship By a Child Born Abroad (hat tip: 21stCenturyThinker, at FreeRepublic.com.)
Conclusion: Appears to be Correct Conclusion of Law
As discussed above, the legal analysis found to date is consistent with Berg's allegation. Note, however, that that same analysis concludes that Obama lost his UK/Kenyan citizenship long ago and, therefore, is not a dual citizen.

H	"Chicago-based Internet journalist, broadcaster and critic Andy Martin ..."
What's Your Evidence?		Citation	Notes
True	According to Mr. Martin's web blog, he is an "Internet writer/columnist/investigative journalist, located in Chicago, Illinois.	Mr. Martin's "About Me" Page	---
Conclusion: True, according to Mr. Martin
Mr. Martin describes himself as Berg alleges. For more information regarding the veracity of claims made by Mr. Martin, consider *the sources cited* in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

I	"[Andy Martin]...states Obama has never renounced his Kenyan citizenship."
What's Your Evidence?		Citation	Notes
True	In a press release announcing an upcoming press conference, Mr. Martin stated the following: "... Andy Martin will hold a news conference Friday, February 9th at 11:00 A.M. to announce that U. S. Senator Barack Obama is a citizen of Kenya and became a citizen of Kenya under the Independence Constitution of Kenya in 1963. Obama has never renounced his Kenyan citizenship. He is also a U. S. Citizen. "Under the Independence Constitution of Kenya, Obama became a Kenyan citizen on December 12, 1963. He has never renounced his Kenyan citizenship. On his senate web site, Obama tap dances around his own dual nationality when discussing his father. Obama obviously knows, because his father told him, that he also held/holds Kenyan nationality. "Friday we will blow Obama out of the water with disclosure of his lifelong deceit and concealment. ...And it is inconceivable that Obama Sr. never told his son that he was a Kenyan national. Why has 'junior' hidden this information for decades?" Martin will demand Friday. "The American people, when deciding who to support for president, have a right to know if their 'president' is also a citizen of Kenya and owes dual loyalty to Kenya because he has never renounced his Kenyan citizenship. "Further, I defy Obama or any of his flacks to defeat or deny the historical constitutional facts on which our blockbuster disclosures are based. We have nailed Barry O with his own hidden truths once again."	Senator Barack Obama is a citizen of Kenya, Part One, by Andrew Martin on Political Gateway, Feb. 8, 2007.	See Conclusion.
Conclusion: True, as far as it goes.
Mr. Martin made the allegations that Mr. Berg alleges he made. Note, however, that efforts to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. This may be due to the legal analysis reported by FactCheck.org, discussed above, which demonstrates that Mr. Obama lost his Kenyan citizenship automatically and, thus, was not required to renounce that citizenship. For more information regarding the veracity of claims made by Mr. Martin, consider *the sources cited* in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

J	LEGAL ARGUMENT: [Did Obama need to* renounce any alleged Kenyan citizenship?]*
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. As discussed above, FactCheck.org has analyzed the law as follows: But the paper failed to note that the Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya's Constitution specifies that at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. Since Sen. Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.
Conclusion: Appears to be WRONG Conclusion of Law
As discussed above, FactCheck.org has analyzed the law and determined that Obama lost Kenyan citizenship when he became an adult. Thus, there was no "need" to renounce it.

K	"Andy Martin further states [that] on Obama's Senate web site, Obama tap dances around his own dual nationality when discussing his father."
What's Your Evidence?		Citation	Notes
True	In a press release announcing an upcoming press conference, Mr. Martin stated the following: "... On his senate web site, Obama tap dances around his own dual nationality when discussing his father. Obama obviously knows, because his father told him, that he also held/holds Kenyan nationality. ..." [For quote in context, see above.]	Senator Barack Obama is a citizen of Kenya, Part One, by Andrew Martin on Political Gateway, Feb. 8, 2007.	See Conclusion.
Conclusion: True, as far as it goes.
Mr. Martin made the allegations that Mr. Berg alleges he made. Note, however, that efforts to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. This may be due to the legal analysis reported by FactCheck.org, discussed above, which demonstrates that Mr. Obama lost his Kenyan citizenship automatically and, thus, was not required to renounce that citizenship. For more information regarding the veracity of claims made by Mr. Martin, consider *the sources cited* in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

L	*[Does Obama's Senate website actually address dual nationality?]*
What's Your Evidence?		Citation	Notes
????	Unknown - See Conclusion	---	---
Conclusion: Circular Argument & Assumes Facts Not in Evidence
Mr. Martin failed to identify what specific portion of Mr. Obama's website he felt was "tapdancing," in the cited press release. Moreover, because we have not been able to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. Thus, it is impossible to analyze the accuracy of this claim.

M	*"[Andy Martin further states that] Obama obviously knows, because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality."*
What's Your Evidence?		Citation	Notes
True	In a press release announcing an upcoming press conference, Mr. Martin stated the following: "... Obama obviously knows, because his father told him, that he also held/holds Kenyan nationality." [For quote in context, see above.]	Senator Barack Obama is a citizen of Kenya, Part One, by Andrew Martin on Political Gateway, Feb. 8, 2007.	See Conclusion.
Conclusion: True, as far as it goes.
Mr. Martin made the allegations that Mr. Berg alleges he made. Note, however, that efforts to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. This may be due to the legal analysis reported by FactCheck.org, discussed above, which demonstrates that Mr. Obama lost his Kenyan citizenship automatically and, thus, was not required to renounce that citizenship. For more information regarding the veracity of claims made by Mr. Martin, consider *the sources cited* in Wikepedia regarding him. See also Wikipedia as Evidence for cautionary note.

N	[Did Obama obviously know[], "because his father told the [sic] Obama, that he (Obama) also held/holds Kenyan nationality"]
What's Your Evidence?		Citation	Notes
????	See Conclusion	---	---
Conclusion: Unclear
Mr. Martin failed to identify what evidence he had to support the contention that (a) Mr. Obama Sr. told Mr. Obama Jr. that he had/has dual citizenship; or (b) that by virtue of his father's alleged statement, he "knew" of such citizenship. Moreover, because we have not been able to locate a transcript, any report on the press conference, or "Part Two," with details and the promised evidence to support claims made in Part One" have failed. Thus, it is impossible to analyze the accuracy of this claim.

O	LEGAL ARGUMENT: "If in fact Obama was born in Kenya, the laws on the books at the time of his birth stated if a child is born abroad and one parent was a U.S. Citizen, which would have been his mother, Stanley Ann Dunham, Obama's mother would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen (14).
[Berg states this basic conclusion at least two different ways in his pleadings. Alternative statement: "Because Obama's mother was only 18 at thie time of his birth, she] did not meet the residency requirements under the law to give her son (Obama) U.S. Citizenship. The laws in effect at the time of Obama's birth prevented U.S. Citizenship at birth of children born abroad to a U.S. Citizen parent and a non-citizen parent, if the citizen parent was under the age of nineteen (19) at the time of the birth of the child. Obama's mother did not qualify under the law on the books to register Obama as a 'natural born' citizen. Obama would have only been naturalized and a Naturalized citizen is not qualified and/or eligible to run for Office of the President. U.S."] 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. Statute: Mr. Berg cites Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b) to support this claim, but this appears to be an error, as §1401(b) provides as follows: "The following shall be nationals and citizens of the United States at birth: **(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;" That provision has no apparent relevance to Mr. Berg's claims. It appears that Mr. Berg meant* to reference 8 U.S.C. §1401(g), which currently provides as follows: The following shall be nationals and citizens of the United States at birth: *(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than [10] five years, at least [5] two of which were after attaining the age of fourteen years:..... According to Legislative Notes, Pub. L. 99, 653 (1986) substituted "five years, at least two" for "ten years, at least five." According to the Notes, this amendment applies to "persons born or after November 14, 1986." Case Law*: Mr. Berg cites Matter of S-F- and G-,* 2 I & N Dec. 182 (B.I.A.) approved (Attorney Gen. 1944). A copy of the actual case has not yet been located.
Conclusion: Unclear, but irrelevant.
We have found no source yet supporting Mr. Berg's interpretation of the law, although Snopes, the urban legends website asserts that the claim is bogus. See Snopes - Native Son. While Snopes has no legal analysis, we agree with its conclusion that Obama was born in Hawaii, given that (a) there is no evidence that Obama was born in Kenya; and (b) there is evidence, "real" evidence that would be accepted by Court that Obama was born in Hawaii. Therefore, even if the legal analysis is correct, the conclusion that the law operates to deprive Obama of U.S. citizenship fails.

P	"At the time of Obama's birth, his mother was only eighteen (18) ..."
What's Your Evidence?		Citation	Notes
True?	According to Time Magazine and multiple other sources, Ann Durham, Barack Obama's mother, was born November 29, 1942. We found no references disputing this birthdate. According to Mr. Obama's birth certificate,* he was born August 4, 1961.	"The Story of Barack Obama's Mother," Time Magazine, Apr. 9, 2008; Barack Obama's Birth Certicate, as posted on www.barackobama.com.	See Conclusion.
Conclusion: Apparently True
Assuming the above-referenced statements are true, Ms. Durham was 18 at the time of Mr. Obama's birth. **Note: We are well aware of Mr. Berg's allegations that the birth certificate displayed on Mr. Obama's website is a forgery. We will address those claims in an upcoming post. See also*, discussion above, regarding evidential weight of currently-existing information

Q	"Furthermore, if Obama had been born in Kenya, his birth father Barack Obama, Sr. was a citizen of Kenya; therefore, Obama would have automatically become a citizen of Kenya."
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. See G, above.
Conclusion: Appears to be Correct Conclusion of Law
As discussed above (G), the only legal analysis found to date is consistent with Berg's allegation.

What's Your Evidence?

September 05, 2008

Was Obama Born in Kenya? Is Obama a Kenyan Citizen?

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