© Bridgette WTPOTUS 2011
FEC Rules that a Foreign-Born Person Can Raise Funds to Run for President!
No, your eyes are not deceiving you…
FEC Allows Presidential Campaign for Foreign-Born Man
By Alex Knott
Sept. 2, 2011
The Federal Election Commission ruled Friday that a Guyana-born American citizen could file papers and raise money to run for president of the United States. But the agency also told the prospective candidate, Abdul Hassan, that his campaign may not receive federal matching funds because he was not born in America.
The FEC’s unanimous vote allows Hassan — who was born in a South American country in 1974 — to be a candidate, solicit funds and requires him to file disclosure reports for a presidential bid. However, the agency’s decision stopped short of addressing the constitutional issue of whether someone born outside the United States can be president.
Instead, the agency told Hassan he may not receive any presidential primary matching funds by quoting the Constitution, stating
“[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.”
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.”
The issue was made more contentious by comments and Internet postings by citizens, Tea Party advocates and “birthers,” who continue to press long-refuted claims that President Barack Obama was not born in America. About a dozen of these individuals wrote letters to the FEC stating that Hassan should not be allowed to run for president.
In the face of this opposition, Hassan said before the vote that he believed that the FEC was making the decision in good faith-based on the facts. But he added that it would be hard for commissioners not to be “influenced by the political sensitivity of the issue.”
Hassan told Roll Call that his candidacy is not a stunt but rather an effort by a “political junkie” with various legislative interests. “I follow politics closely, but I have never held elected office,” he said. “I would admit that I am not well-known, and I would admit that my chances of winning are not as good as other candidates. That’s obvious.”
Who are the six members of the Federal Election Commission who made this decision and chose to ignore the Constitution? How can they ignore the Constitutional requirements for the position of Vice President and President and allow a person who clearly is not eligible solicit funds to run for office? Are the Constitutional requirements not facts of law?
We have to think that this decision is another cover for the usurper that occupies the White House. Even though these two men want to solicit funds, both Hasan and Obama are ineligible to run for the office of the president for different reasons. Obama deceived the public in 2008 and declared himself a natural born citizen on a nomination form for Arizona. He also collected funds to run for the highest office in the land, knowing he was not eligible. If we are to believe the forged birth certificate, it shows he was born on US soil, but his father whose lineage he must follow, makes him a British subject, and therefore ineligible for the office. Hasan admits to being a naturalized citizen, and therefore is ineligible.
Now the FEC ignores our nation’s laws and the requirements for office holders, and says it leaves the candidate’s eligibility to the states and to the judiciary. Yet having been educated in the laws of our country, they are ruling that any candidate may raise money to run for office whether they are qualified and meet the requirements for the office they seek or not. This ruling is shocking and unconscionable.
Has the FEC been corrupted? Who are these commissioners that are setting the law that allows a person to solicit funds for an office that they cannot legally occupy? Let’s look at these officials who are responsible for a decision that will have far-reaching consequences now and in the future.
The Commission is made up of six members with three from each political party. They are nominated by the President and approved by the Senate. Their duties as described by the FEC are:
“to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections.”
Cynthia L. Bauerly, FEC Chair for 2011, was confirmed June 24, 2008 for a term expiring on April 30, 2011. She was nominated by President George W. Bush on May 6, 2008. Prior to her appointment, she served as Legislative Director for Senator Charles E. Schumer (D-NY). Prior to that she specialized in complex litigation and appellate law at Jones Day in Washington, D.C. She graduated cum laude from Indiana University School of Law – Bloomington and received a Master of Public Affairs from Indiana University’s School of Environmental and Public Affairs. Party: Democrat.
Caroline C. Hunter, FEC Vice Chair for 2011, was confirmed June 24, 2008 for a term expiring on April 30, 2013. She was nominated by President George W. Bush. From 2005 to 2006, she was executive officer at the U.S. Department of Homeland Security, United States Citizenship and Immigration Services Ombudsman. From 2001 to 2005 she was associate counsel and then deputy counsel at the Republican National Committee.
Her Alma mater is the University of Memphis School of Law and Pennsylvania State University. Political party: Republican.
Donald F. McGahn II was confirmed June 24, 2008 for a term that expired on April 30, 2009. He continues as a Commissioner until his replacement is nominated by the President and confirmed by the United States Senate.
Prior to joining the FEC, he served as head of McGahn & Associates PLLC, a Washington-based law practice specializing in election law. Mr. McGahn has represented federal and state candidates, Members of Congress, political party committees, leadership political action, committees (PACs), corporations and corporate PACs, non-profits, trade associations and others involved in issues related to campaign finance law and government ethics. Since 1999, Mr. McGahn served as General Counsel to the National Republican Congressional Committee. He also served as Counsel for the Illinois Republican Party for several years. Alma mater: Georgetown University Law School, Widener University School of Law, US Naval Academy, University of Notre Dame. Political Party: Republican.
Matthew S. Petersen was confirmed June 24, 2008 for a term expiring on April 30, 2011. He will serve until another person is nominated to take his place. He was nominated to the FEC by President George W. Bush. He was Chairman of the FEC in 2010. From 2005 – 2008, he served as Republican chief counsel to the United States Senate Committee on Rules and Administration. Mr. Petersen received his J.D. in 1999 from the University of Virginia School of Law. Political party: Republican.
Steven T. Walther was a recess appointment from January 2006 to December 2007, and confirmed June 24, 2008 to the remainder of a term that expired on April 30, 2009. He was Chairman of the FEC in 2009. Prior to joining the FEC, Mr. Walther practiced law in the Reno, Nevada law firm of Walther, Key, Maupin, Oats, Cox & LeGoy, now known as Maupin, Cox & LeGoy which he co-founded in 1972.
He has been active in American Bar Association initiatives focusing on international relations, human rights and the rule of law. He was appointed as the ABA Representative to the United Nations. He has been a member of the Board of Trustees and lecturer for the National Judicial College, both in the United States and in Russia. He has lectured extensively, both domestically and internationally (principally in Russia), on rule of law, human rights, litigation and international law issues. He received his J.D. degree from Boalt Hall School of Law at the University of California, Berkeley in 1968. He received his undergraduate degree, with a major in Russian, from the University of Notre Dame. Political party: Democrat
Ellen L.Weintraub received a recess appointment on December 6, 2002, and was confirmed to full term in 2003. Her term expired in April 2007. Although Weintraub’s term ended, by statute she continues in office until her successor takes office. Prior to her appointment, she was of Counsel to Perkins Coie LLP and a member of its Political Law Group. There, she counseled clients on federal and state campaign finance laws, political ethics, nonprofit law, and lobbying regulation. Before joining Perkins Coie, Weintraub was Counsel to the Committee on Standards of Official Conduct for the U.S. House of Representatives (the House Ethics Committee). Alma mater: Harvard Law School, Yale College. Political party: Democrat
There are three Republicans and three Democrats, all attorneys, who are now serving as commissioners at the FEC. Of the six, five member’s terms have expired. No successors have been named. Caroline Hunter is the only one whose term is current.
Yes, these six, well-educated people are said to “have stopped short” of determining whether a foreign-born person could serve as president. They did not have to make that determination! It was made over 236 years ago and it is Article II, Section 1, of the U.S. Constitution. What part do these six not understand? Do they not know the difference between a natural born citizen (born on U.S. soil to two citizen parents) and a naturalized citizen (those who need a law to determine their citizenship)?
Were these six afraid to stand for our Constitution? Or are these six government officials who oversee the most important elections in our nation totally inept and ignorant of our Constitution? Was Mr. Hassan’s lawsuit used as a plant to test the integrity and ethics of the FEC and its commissioners? Is this a part of the overall plan that will allow and set the precedent for two other non eligible candidates to run for the presidency i.e., Marco Rubio or Bobby Jindal? Both of them are naturalized citizens. We already have allowed one totally unknown alien run for office, and he is illegally occupying the White House. Is this ruling just another piece of the puzzle that will further destroy our nation? The Commissioners were worried about something since they didn’t present this in an open forum as they normally do. This was done in secret, behind closed doors. That tells you everything you need to know.
Hey Five, if this ruling is indicative of your work, your “Term is Up!” Get Out of Our Government! This should not stand! Drop a quick note to your senators and representatives. They must hear from We the People!
Again, what part of the Constitution do they not understand?