The Islamic camel poking it’s nose into the White House tent.
(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 [link fixed -ed.] 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.
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.”
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 FEC is slated to discuss and possibly vote on the draft opinions at an open meeting Thursday. Four of the six commissioners must support an opinion for it to be approved.
Read it all.
The FEC should of laughed in his face and told him to hit the road. That they did not, is disturbing.
Trust me, we do not want this Pandora’s Box to open. Not even a crack.
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.
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 [link fixed -ed.] 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 (Eastern 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
Washington, DC 20463
Update: It’s official folks! The FEC ignored our pleas, and are allowing Hassan to run for president!! This is an OUTRAGE!!!!!
FEC Allows Presidential Campaign for Foreign-Born Man – Roll Call
Hassan’s request appeared to 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 of age or older and be a “natural born citizen.”
But FEC commissioners said repeatedly that their decision to define Hassan as a candidate had nothing to do with his birth country. They said that current federal election law allows for someone to be a candidate, regardless of whether they can legally hold the office they seek and that the FEC is not charged with deciding presidential criteria including one’s natural-born citizenship.
“This does not mean that he can go and say ‘look the FEC has said that I am a candidate, give me money, I’m official,’” said Republican Commissioner Donald McGahn. “That is not what we do here; we don’t certify you as a candidate. That’s what the states do.”
During Thursday’s meeting, commissioners said they had trepidation about voting for Hassan’s candidacy because of how it might be perceived.
“By saying that it is okay — it does give the impression that we don’t see a problem,” said Democratic Commissioner Steven Walther. “I think that we really need to be cognizant of how this could be misconstrued.”
The FEC’s decision to allow Hassan to go through the initial steps to run for president took place outside of its normal publicly attended open meetings and instead was approved by a tally vote as commissioners tried to reach a consensus.
One of the final sections added to approved opinion states: “Notwithstanding this conclusion, the Commission expresses no opinion on Mr. Hassan’s potential liability arising out of his proposed activities under any other Federal or State law, including any laws concerning fraudulent misrepresentation. Any such issues are outside the Commission’s jurisdiction.”
“For us this is really all about what we are empowered to decide and what we are not empowered to decide,” said Democratic Commissioner Ellen Weintraub. “Nobody is saying that it is fine and nobody is saying it’s okay for this guy to be going out and raising funds.’”
Shortly after Hassan made the request, the FEC 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.”
H/T Maggie (See link below.)
FEC docs. from the meeting:
FEC Advisory Opinion RE: Naturalized Citizen Abdul Karim Hassan Presidential Candidacy (Sept. 1, 2011)
FEC Advisory Opinion (A) RE: Naturalized Citizen Abdul Karim Hassan Presidential Candidacy (Sept. 1, 2011)
In case you overlooked this comment of mine, I am adding it to the update:
Hassan has not a snow balls chance in hell on winning the presidential election. And he knows it.
His goal is to wipe out the ‘natural born’ citizen clause permanently, thus opening the door for ‘others:
I kindly urge this Court to break from the tradition of Dredd Scott, Plessy and Hirabayashi by rejecting the invidious discrimination challenged in this case, grant Plaintiff the declaration he seeks, and declare the natural born provision to be trumped, mooted, abrogated and implicitly repealed by the Fifth and Fourteenth Amendments, together with the costs of this action and such other, further and different relief as the Court deems just and proper.
Maetenloch at Ace’s links…thanks!
Zilla of Zilla of the Resistance links…thanks!
Maggie at Maggie’s Notebook links…thanks!
Creeping Sharia links…thanks!