TUCSON, July 11 (UPI) — Research shows the circumstances of John McCain’s birth don’t pass constitutional muster for him to be U.S. president, a University of Arizona professor says.

A 1937 law granting citizenship to children of U.S. parents in the Panama Canal Zone came too late to apply to McCain, the U.S. senator from Arizona and likely Republican presidential nominee, The New York Times (NYSE:NYT) reported. The Constitution requires the president be a “natural-born citizen,” but the law made McCain a citizen just before his first birthday.

“It’s preposterous that a technicality like this can make a difference in an advanced democracy,” professor Gabriel Chin said. “But this is the constitutional text that we have.”

The law at the time of McCain’s birth conferred citizenship to children born to American parents “out of the limits and jurisdiction of the United States,” Chin said. The term “limits and jurisdiction” created a problem because the Canal Zone was beyond the limits of the United States but not its jurisdiction, the Times said.

McCain has dismissed suggestions that he does not meet the citizenship test. In April, the Senate approved a non-binding resolution declaring McCain eligible to be president.

“No court will get close to it, and everyone else is on board, so there’s a constitutional consensus, the merits of arguments such as this one aside,” said Peter Spiro, a citizenship law authority at Temple University.

A lawsuit challenging McCain’s qualifications is pending in a federal court in Concord, N.H.

Source: UPI.com

A BAM spokesperson has revealed the team will hold a press conference July 23 in Miami to reveal the partnership, currently a proposed one-race deal with an option to continue. Obama will be at the briefing, which will be tied to the “Get Out The Vote” campaign message he spread throughout the 2008 primary season.

Racing sources claim one of the options being considered would allow individual campaign donors to get their name on the race car for as little as $100. Obama will also be present for a second private fundraiser on July 30 in Miami, in which team owners Beth Ann and Tony Morgenthau — staunch Republicans — will give the Democrat an opportunity to spread his message of change. Randy Moss and Fergie are among the celebrities confirmed to be a part of that fundraiser in support of the candidate and his venture into NASCAR.

According to sources within the sport, the Association for Diversity in Motorsports (AFDIM) was an integral part of bringing the two camps together. Founded in ‘01, the organization works to heighten awareness of diversity in all forms of motorsports. They hope to tie their efforts in with a “Driving The Vote: Bridging The Gap” campaign to increase voter registration regardless of party affiliation.

While George Bush was prominently featured on Kirk Shelmerdine’s No. 72 car in ‘04, this is the first time a national presidential campaign has actually given its own money to make itself a primary sponsor of a race car. The sport has typically shown itself to be a Republican stronghold, a trend two-time champ Jimmie Johnson recently alluded to when he said he believed John McCain was the candidate of choice for most NASCAR fans this year.

Ken Schrader will drive the entry, a Toyota, at Pocono for BAM, which is outside the top 35 in owner points and must qualify for the race on speed. The team has run just once since Martinsville due to sponsorship concerns, and has just six top-10 finishes in 167 career starts in the Cup series dating back to ‘02. According to sources, the team will stick with Toyota after making a switch from Dodge back in the spring.

July 11 (Bloomberg) — Crude oil rose more than $4 to a record on concerns that Israel may be preparing to attack Iran, while a strike in Brazil and renewed militant activity in Nigeria threaten to cut supplies.

Oil rallied to a record high of $145.98 a barrel after the Jerusalem Post said Israeli war planes practiced over Iraq, adding to speculation the country is preparing to attack Iran. A Brazilian union said it plans a five-day strike on platforms that pump 80 percent of the country’s crude and Nigerian militants pledged to renew attacks on oil facilities.

“Iran and Nigerian political woes dominate proceedings,” said Robert Laughlin, senior broker at MF Global Ltd. in London. “Traders are wary of continuity of physical oil supplies.”

Crude oil for August delivery rose as much as $4.33, or 3.1 percent, to an all time high of $145.98 a barrel on the New York Mercantile Exchange and was trading at $145.17 at 12:25 p.m. in London.

Israeli war planes are conducting maneuvers in Iraqi airspace and using U.S. airbases in the country, possibly practicing for a strike against Iran, the newspaper reported, citing comments by Iraqi officials in local media. Israeli government spokesman Mark Regev denied the report.

Iran, OPEC’s second biggest producer, this week tested missiles capable of reaching Israel.

Brent crude oil for August settlement rose as much as $4.37 a barrel, or 3.1 percent, to $146.40 a barrel and was trading at $145.66 at 12:25 p.m. local time on London’s ICE Futures Europe exchange.

Falling Stockpiles

Yesterday, the contract gained $5.45, or 4 percent, to $142.03 a barrel. Prices climbed to a record $146.69 on July 3.

Oil may rise next week because of threats to supply from Iran and Nigeria and falling stockpiles in the U.S., the biggest energy-consuming country, according to a Bloomberg News survey.

About 4,500 employees of state-controlled Petroleo Brasileiro SA will take part in a protest on platforms in the offshore Campos basin to get full pay for the day they return to the mainland after a 14-day shift at sea, a union official said yesterday.

Iran has ignored United Nations efforts to halt its uranium-enrichment program and says further sanctions won’t affect its plans to develop nuclear energy. The U.S. has led international efforts to force Iran to give up enrichment because of concern the technology may be used to develop nuclear weapons.

Iran’s Exports

The standoff has led to concern that Iran may come under attack from the U.S. or Israel, disrupting exports from OPEC’s second-biggest producer.

“You could survive with one of these factors, but if they come all at the same time it will drive prices up,” said Thina Saltvedt, an analyst at Nordea Bank AB in Oslo. “As soon as violent attacks increase in Nigeria it is a threat to production.”

The Movement for the Emancipation of the Niger Delta said attacks will resume on oil facilities. The Nigerian militant group said it will call off its unilateral cease-fire beginning midnight on July 12.

MEND’s attacks on pipelines and other installations have cut more than 20 percent of Nigeria’s oil exports since 2006. MEND says it is fighting for a greater share of oil wealth for the impoverished inhabitants of the Niger Delta.

The group declared a cease-fire after a June 19 attack on Royal Dutch Shell Plc’s Bonga deep-water oilfield, located 120 kilometers (75 miles) offshore that cut 190,000 barrels a day of oil output.

From NBC’s Domenico Montanaro
McCain slammed economic adviser Phil Gramm for his “mental recession” and “nation of whiners” comment. He said he didn’t agree with him and even proposed a position in a McCain administration – ambassador to Belarus, “though I’m not sure the citizens of Minsk would welcome that,” McCain said.

“I don’t agree with Sen. Gramm,” McCain said at a news conference this afternoon. “I believe that the person here in Michigan who just lost their job, isn’t suffering from a ‘mental recession.’ The mother here who is trying to get enough money to feed her children, isn’t ‘whining.’” 

“Phil Gramm doesn’t speak for me, I speak for me. I strongly disagree,” McCain continued, speaking of the man who some speculated could be Treasury Secretary in a McCain administration.
 
McCain has used the word “psychological” to describe on the country’s problems, leaving some to connect dots. But McCain rebuffed that and Obama’s mocking criticism, calling Gramm a “Dr. Phil” that’s not needed for this economy.

“You’re talking about Dr. Phil,” McCain said, adding about Obama, “He’s Dr. No. He’s Dr. No on energy. McCain then ticked off the energy proposals in which he and Obama disagree on implementing. “My response is I speak for me. … He’s Dr. No.”
 
On Gramm having been described as one of the top economic advisers or the potential for him serving in a McCain cabinet, McCain had other ideas.
 
“I think Sen. Gramm would be in serious consideration for ambassador of Belarus,” McCain said, “though I’m not sure the citizens of Minsk would welcome that.

The U.S. ambassador to Belarus actually had to “temporarily” vacate her post in Minsk in March over what Belarus said were new U.S. economic sanctions against the country — something which U.S. officials deny even exist.

Source: MSNBC

WASHINGTON (AP) — Former White House adviser Karl Rove defied a congressional subpoena and refused to testify Thursday about allegations of political pressure at the Justice Department, including whether he influenced the prosecution of a former Democratic governor of Alabama.

Rep. Linda Sanchez, chairman of a House subcommittee, ruled with backing from fellow Democrats on the panel that Rove was breaking the law by refusing to cooperate — perhaps the first step toward holding him in contempt of Congress.

The White House has cited executive privilege as a reason he and others who serve or served in the administration should not testify, arguing that internal administration communications are confidential and that Congress cannot compel officials to testify. Rove says he is bound to follow the White House’s guidance, although he has offered to answer questions specifically on the Siegelman case — but only with no transcript taken and not under oath.

Lawmakers subpoenaed Rove in May in an effort to force him to talk about whether he played a role in prosecutors’ decisions to pursue cases against Democrats, such as former Alabama Gov. Don Siegelman, or in firing federal prosecutors considered disloyal to the Bush administration.

Rove had been scheduled to appear at the House Judiciary subcommittee hearing Thursday morning. A placard with his name sat in front of an empty chair at the witness table, with a handful of protesters behind it calling for Rove to be arrested.

A decision on whether to pursue contempt charges now goes to the full Judiciary Committee and ultimately to House Speaker Nancy Pelosi.

House Republicans called Thursday’s proceedings a political stunt and said if Democrats truly wanted information they would take Rove up on an offer he made to discuss the matter informally.

The House already has voted to hold two of President Bush’s confidants in contempt for failing to cooperate with its inquiry into whether the administration fired nine federal prosecutors in 2006 for political reasons.

The case, involving White House chief of staff Josh Bolten and former White House counsel Harriet Miers, is in federal court and may not be resolved before Bush’s term ends in January.

Democrats have rejected the offer from Rove to talk with them informally because the testimony would not be sworn and, they say, could create a confusing record.

Rove has insisted publicly that he never tried to influence Justice Department decisions and was not even aware of the Siegelman prosecution until it landed in the news.

Siegelman — an unusually successful Democrat in a heavily Republican state — was charged with accepting and concealing a contribution to his campaign to start a state education lottery, in exchange for appointing a hospital executive to a regulatory board.

He was sentenced last year to more than seven years in prison but was released in March when a federal appeals court ruled Siegelman had raised “substantial questions of fact and law” in his appeal.

Siegelman and others have alleged the prosecution was pushed by GOP operatives — including Rove, a longtime Texas strategist who was heavily involved in Alabama politics before working at the White House. A former Republican campaign volunteer from Alabama told congressional attorneys last year that she overheard conversations suggesting that Rove pressed Justice officials in Washington to prosecute Siegelman.

The career prosecutors who handled Siegelman’s case have insisted that Rove had nothing to do with it, emphasizing that the former governor was convicted by a jury.

Mr. Gramm, in an interview with the Washington Times, seemed to minimize the financial pain being felt by millions of American families.

“You’ve heard of mental depression,” he said, “this is a mental recession.” He went on to say that the United States had become “a nation of whiners” egged on by the news media who feed them a steady diet of bad economic news.

“Thank God the economy is not as bad as you read in the newspaper every day,” he concluded.

Mr. Obama, in a town hall meeting in Fairfax, Va., recounted Mr. Gramm’s remark and said, “That’s what he said. We’re in a mental recession. He didn’t say this but I guess this is what he meant, it’s just a figment of your imagination.”

“This comes after Senator McCain recently admitted that his energy proposals for the gas tax holiday and the drilling will have mainly psychological benefits,” Mr. Obama went on. “Well, you know, America already has one Dr. Phil. We don’t need another one when it comes to the economy.”

He added, “It isn’t whining to ask for more than psychological relief.”

The McCain campaign quickly distanced itself from Dr. Gramm’s economic diagnosis (he holds a doctorate in economics from the University of Georgia) and said it understood the economic pain many Americans are feeling is real.

The campaign said in a statement this morning, “John McCain travels the country every day talking to Americans who are hurting, feeling pain at the pump and worrying about how they’ll pay their mortgage. That’s why he has a realistic plan to deliver immediate relief at the gas pump, grow our economy, and put Americans back to work.”

This afternoon, in Michigan, Mr. McCain said that Mr. Gramm did not speak for him. Asked by a reporter whether Mr. Gramm would be a candidate for a post in a McCain administration, the Republican swiped that he would be in “serious consideration for ambassador to Belarus, though I’m not sure the citizens of Minsk would welcome that.”

The Washington Times quotes Gramm as saying: “We have sort of become a nation of whiners. You just hear this constant whining.” UBS probably pays Gramm well for his services so I can see where he’s coming from. He is making money and he’s the only one who matters. But if you think he is helping McCain, think about these things:

• Subprime. Politico.com reports that Gramm lobbied Congress, the Federal Reserve and the Treasury Department about banking and mortgage issues in 2005 and 2006 and received a portion of $750,000 in lobbying fees for his efforts that set the stage for the subprime mortgage catastrophe which cost UBS $32 billion in subprime losses alone.
• ARS.Slate.com reports that Massachusetts accused UBS of selling retail brokerage customers ARSs — about which I posted — that made money for UBS’s investment banking unit but caused the retail customers to suffer significant losses.
• Tax evasion. Slate.com also reports that UBS’s asset management business is the subject of an ongoing federal investigation, in which Bradley Birkenfeld, an American UBS private banker who was arrested on tax evasion charges, has plead guilty and is cooperating with the government. Birkenfeld helped a client bring diamonds into the U.S. by shoving them in a tube of toothpaste.

Are you comfortable with Gramm’s position on Americans and with UBS’s actions? I’m not.

As commentators and talk show hosts debate the significance of the barbecue polling results, anonymous sources have told this correspondent that several other national surveys have revealed a wide range of surprising voter opinions. Among the still-secret findings are these:

•In response to the question, “Who would you rather have on your touch football team after the barbecue?” 68 percent of those polled favored Obama. But 65 percent said McCain should referee the game.

•Asked which candidate would be better at aiding the search for a lost pet, 59 percent of respondents preferred Obama. An even larger majority, 64 percent, chose McCain as best qualified to hook up the jumper cables when help is needed starting a car with a dead battery.

•When queried about the subject of youth soccer, 53 percent of those polled thought McCain would do a superior job as head coach. Interestingly, the exact same percentage said Obama should be in charge of preparing the postgame snacks.

•If faced with the need to hire both men as a team to housesit for several weeks, 58 percent felt that Obama would do a better job keeping plants alive and bringing in the mail each day. A resounding 77 percent said McCain should be in charge of monitoring and adjusting pH balance and chlorine levels in the swimming pool.

•Told to consider each man as a door-to-door sales representative, 61 percent claimed they would make a purchase from Obama if the merchandise under consideration was a vacuum cleaner or other floor-care system. McCain was favored by 66 percent if the product was laundry-related or kitchen cutlery.

•Among married women voters, 71 percent viewed McCain as “more dependable” for basic chores such as washing cars and changing light bulbs. An impressive 83 percent named Obama as “more imaginative” in choosing fun, entertaining destinations for family vacations.

•In the always-important demographic of voters under age 25, 76 percent responded that it would be “way cool” to be sitting next to Obama at a performance of Cirque du Soleil. Even more amazing was the landslide of 93 percent who said it would be “a hoot!” to hang out with John McCain at a Star Trek convention.

• Jeffrey Shaffer writes humor from Portland, Ore.

NEW YORK — In a break with tradition, Barack Obama will accept the Democratic presidential nomination at a football field rather than at the site of the party’s national convention.

Democratic Party Chairman Howard Dean acknowledged the decision to move Obama’s speech on the final night of the Aug. 25-28 convention to the Denver Broncos’ Invesco Field at Mile High would raise security challenges.

However, Dean said he and Denver Mayor John Hickenlooper had agreed such concerns won’t deter the change in venue.

In a conference call with reporters, Dean also batted away questions about logistical challenges and added costs the change would produce, saying those things would be worked out in the coming weeks.

Obama, speaking to reporters in St. Louis, said he was excited about the move.

“Sometimes our conventions don’t feel like they are open to everybody,” Obama said.

“For us to be able to do it in Invesco Field is an opportunity for 80,000 people who might otherwise not have been able to participate to get involved.”

It won’t be the first time a presidential candidate has accepted the nomination at a stadium. On July 15, 1960, John F. Kennedy gave his acceptance speech before tens of thousands at Los Angeles Memorial Coliseum.

Separately, one official confirmed that Obama’s aides were attempting to arrange a speech at a second dramatic venue: Berlin’s Brandenburg Gate, part of Obama’s July trip to Europe and the Middle East.

The Gate was the site of one of Ronald Reagan’s most memorable speeches. On a trip in July 1987, Reagan stood before throngs of West Berliners and implored then-Soviet President Mikhail Gorbachev to tear down the Berlin Wall dividing the city. The wall was later destroyed.

Money woes still dog convention

Ron Perea, Secret Service special agent in charge in Denver, declined to discuss what security precautions the agency would take for the convention’s event at the open-air, 76,000-seat facility, including any restrictions on airspace and traffic.

Most of the convention will take place at the 21,000-seat Pepsi Center. Construction for the convention was beginning there Monday amid concerns about lagging fundraising and cost overruns.

Last month, the convention’s host committee reported it was nearly $12 million short of the $40.6 million it had pledged to raise for the effort. Host committee members spoke openly of needing the Obama campaign’s help to close the gap.

Dean said the convention was operating on budget, and Obama senior adviser Anita Dunn said the campaign was on board to help.

Matt Burns, a spokesman for the Republican convention, dismissed the new speech locale as “stagecraft and theatrics” that “isn’t the kind of change the American people deserve or expect.”

Source: CHRON

Kerry, who is a strong supporter of presumptive Democratic nominee and Illinois Sen. Barack Obama, said on the Sunday talk show that McCain “has proven that he has been wrong about every judgment he’s made about the war.”

“Wrong about the Iraqis paying for the reconstruction, wrong about whether or not the oil would pay for it, wrong about Sunni and Shia violence through the years, wrong about the willingness of the Iraqis to stand up for themselves,” Kerry added.

McCain spokesman Tucker Bounds, however, said Kerry was ignoring the facts on the ground in Iraq.

“The truth is Barack Obama buckled to liberal supporters and opposed the McCain-backed ’surge’ strategy that’s working today, and despite our troops gains in Iraq, he still maintains his partisan commitment to begin immediate withdrawal of American forces if he’s elected,” Bounds wrote in an e-mail. “Only John Kerry would think that demonstrates good judgment.”