Department of Justice Abandons Challenge of Sex Offender's Desire to Renounce Citizenship

8-17-2010 Washington DC:

For years, James Kaufman has wanted to renounce his citizenship. He may finally get his wish.

The Justice Department is dropping its challenge of Kaufman's desire to cut ties with the United States, according to court records filed today in a federal appeals court in Washington.

Earlier this year, Justice attorneys filed a notice in the U.S. Court of Appeals for the D.C. Circuit to challenge a ruling that said Kaufman, a convicted sex offender, should be allowed to renounce his citizenship.

The Justice Department filed a motion today seeking voluntary dismissal of the appeal. The notice did not say why the government was abandoning the case. A Justice attorney, Catherine Hancock of the Civil Division’s appellate staff, declined to comment. A DOJ spokesman also declined to talk about the department's position.

Kaufman, who remains jailed in Wisconsin for probation violation, said in court papers in the U.S. District Court for the District of Columbia that he has no intention to remain in the United States. He is eligible for parole next year. Kaufman, pro se for much of his fight, has been trying for six years to cut his ties to the United States. He made two official requests, in 2004 and in 2008. (Click here for more background on the case.)

Here’s the problem: a person typically renounces citizenship outside the United States. A person, however, can sever citizenship inside the United States during a state of war. In earlier court papers, Justice attorneys disputed that the United States was, indeed, in a “state of war.”

Judge Richard Roberts of federal district court in Washington ruled in favor of Kaufman earlier this year, saying the government’s position is “contrary to both law and common sense.” Roberts said in his ruling, granting summary judgment for Kaufman, “there can be no genuine debate” that the United States was in a state of war when Kaufman made his two requests to renounce his citizenship. ..Source.. by Mike Scarcella, The Blog of Legal Times

Kaufman's Original Complaint (PDF file)

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