Criminal Court ‘B’ Confirms Dr. York’s Liberian Citizenship

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Dr. Malachi Z. K. York, now imprisoned for 135 years.

The Liberian government may now have all it needs to reengage its American counterpart on the need to allow the repatriation of Dr. Malachi Z. York, as the Criminal Court “B” recently retrieved and reported to the Ministry of Foreign Affairs (MoFA), through the Garlawolu and Associates Law Offices, all naturalization records on Dr. York.

Contrary to what the Court has found and reported to the MoFA, a diplomatic note said to have come from the U.S. Embassy near Monrovia in 2007, rejected the Liberian government’s request to free and repatriate Dr. York. He was incarcerated on grounds that he is an American citizen, under the name Dwight York at the Bureau of Prisons with Register No. 17911-054, and must serve his astronomical solitary confinement at ADMAX Prison center in the United States.

The diplomatic note, written on the letterhead of the United States Embassy in Monrovia, but which was not signed, said: “York is currently housed at the U.S. Penitentiary in Florence, Colorado. His sentence is expected to be completed in 2119. Mr. York is a citizen of the United States, and his sentence must be served in the United States.” It further said: “As a U.S. citizen, he cannot be deported to Liberia.”

With determined minds, however, a team of lawyers, comprising Wellington Bedell and Joseph Cornormia of the Garlawolu and Associates Law Offices and, lately, Attorney Morris Kaba, have been engaging the Government of Liberia since May 1, 2018, to find a solution to their client’s plight, which they think is inhumane and unjustifiable from all indications.

Their persistence in dialoguing led them to the MoFA from where a request to Criminal Court “B” was made in order to check out records and find, if possible, documents confirming Dr. Malachi York’s Liberian citizenship.

MoFA on June 19, 2018, wrote Cllr. Elizabeth J. Nelson, the Court administrator at the Temple of Justice, requesting her office to find Dr. York’s Liberian citizenship record and submit same to the MoFA for other arrangements and determination on whether the government can act on Dr. York’s case or not.

The letter, signed by Cllr. Dewey Gray, Deputy Minister for Legal Affairs at the MoFA, copy of which is in the possession of the Daily Observer, reads: “I present my compliments and have the honor to forward copies of a certificate of citizenship and an Oath of Allegiance submitted to the MoFA by lawyers representing Dr. Malachi Z. York, who is claiming Liberian citizenship for authentication.”

It further states that, “The authenticity of these documents allegedly issued in 1999 by Criminal Court ‘B’ has become an issue in determining the citizenship of Dr. York, who wants the Government of Liberia to intervene on his behalf with regards to a judgment rendered against him in the United States of America.”

Responding to the MoFA’s request, Judge Korboi K. Nuta of Criminal Court ‘B’ said in a letter signed by him that, “With copies of their (Dr. York’s lawyers in Liberia) files presented us, our staff was asked to search each file to find whether there is a trace of any records presented by us. Our staff reported that with the help of some records provided by the Garlawolu and Associates Law Offices, they were able to locate copies of records in other files which were inadvertently placed there.”

Judge Nuta’s letter, dated August 1, 2018, also confirmed the presence of the Declaration of Intention to naturalize as a Liberian citizen, signed by Dr. York on July 12, 1997. The Declaration of Intention reads: ‘I, DR. MALACHI Z. YORK, ON OATH OR AFFIRMATION DECLARE THAT IT IS MY INTENTION TO SETTLE PERMANENTLY IN THE REPUBLIC OF LIBERIA AND TO BECOME A CITIZEN THEREOF, AND I DO HEREBY DECLARE BY ALLEGIANCE AND FIDELITY TO THE REPUBLIC OF LIBERIA AND RENOUNCE SAME TO ALL FOREIGN OR POWER AND PARTICULARLY TO THE UNITED STATES OF AMERICA, BEING THE FOREIGN POWER OF WHICH I AM NOW A CITIZEN OR SUBJECT.’ It was then signed by the then CLERK of CRIMINAL COURT ‘B’, Samuel Passawe, as it is stated herein:

This was to successfully fulfill the requirements of the Liberian Law on Naturalization. It also falls under Title 8 of the United States Codes & 1481, Voluntary Loss of Citizenship, which states: “whereas upon an American Citizen pledging allegiance and taking an OATH to a foreign nation is cause for loss of United States citizenship.”

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16 COMMENTS

  1. Nobody cares. You go to court and it take 10 years to hear your case and these court already wasting time and money to decide this case. Stop wasting our taxes on this pedophile or your want him to come live her and rape our girls.He lived in the Us so let him stay there. these rasta wannabe African-Americans walking around talking about justice. This man never give one cent to Liberia. taylor was appointing all these crooks all over the world. He will rot in prison. Liberia is already associated with Ebola s owe do not need to be associated with the world most popular rapist and child molester.

  2. Firstly, obviously someone cares… I care, I have been following this case since it was first reported in May the Observer and did enough research to know that man is innocent. In fact this very paper reported that the prosecutions Key Witness Habiba Washington LIED on the stand and has done a video and written affidavit.
    I have also come to learn that Dr. York was never charged with neither RAPE or Child Molestation.. But you unfortanetly are another UNINFORMED Liberian. This AGAIN is why Dr. York is so important, because he built a school when he was here, and has done MUCH for Liberia.. unlike the United States who has been more of a leech to this nation, but we here LOVE to be inferior to our white counterparts both in work and in Statehood.
    To talk down on “African-Americans” is to talk down on Liberia.. as our FIRST president was an African American. As far as im concerned the United States brought Ebola here.. but its ok, you probably believe that Africa is a shithole and are texting from your home in Minnesota (or you work for the US Embassy) either way to turn your back on Dr. York who by law is afforded protection from his Nation creates an international precedence where NO Liberian is safe.

  3. Agree with you Philomena – When are Liberia going act – there was ruling in this case in a Liberian court by Judge Kaba back in 2004, does the rule of law mean nothing in Liberia? Why should Africans of the diaspora make there way home if your rights and a citizen internationally can be so easily eroded. I know Liberia is rebuilding but it must act on it’s principles and it’s own sovereignty.

  4. The fact is, DR. MALACHI Z. YORK is still an American. The document submitted by the court did not say Dr. York took an oath or swore to become a Liberian. The document said Dr. York declared his INTENTION on becoming a Liberian citizen. He intended on becoming a Liberian, but did he meet all of the criteria on becoming a naturalized citizen? Proof it. Furthermore, the American government did not officially take away Dr. York’s American citizenship.

    As I stated before, America can not repatriate its citizen to another country. Let Dr. York seek another alternative for his release from serving his time and take Liberia out of this case.

    QUESTION:
    Which government institution is the custodian of immigration and citizenship documents within Liberia?
    Which government institution is to certificate naturalized citizens?

    • Oldman… I dont know if you’ve been reading or following this story since April of this year, Dr. York has

      1. Took a Declaration of Intention to Naturalize to Liberia – signed by Clerk of Court, Criminal Court B
      2. Resided in Liberia for 2 Years pursuant to the Laws of Liberia –
      3. Submitted a Petitioners Petition to admitted as a Naturalized Citizen – Filed By Clerk of Court 1999 and submitted to Judge Massa Kamara
      4. Submitted a Petitioners Affidavit confirming taking an Oath to the Republic of Liberia – signed by Justice of Peace
      5. Court Minutes with 2 witnesses confirming Dr. York has been resided in Liberia for 2 years, where PETITIONER (Dr. York) even took the stand – signed and STAMPED by Judge Massa Kamara
      6. A Clerk Certificate generated in previous search in 2005

      QUESTION WHAT ACT CREATED CRIMINAL COURT B AS THE INSTITUTION TO INITIATE NATURALIZATION PROCEEDINGS?

  5. Its interesting how we don’t Care… its easy to stay on the side of sensationalism when someone life on the line. We don’t care until its you* going through something.you come on here make statements with no evidence. the fact is that the court found dr york documents. did you know Liberia was CREATED for african to come home #1847 did you know that there were no evidence of dr york transporting minors. per the FBI agents testimony… i guess know one CARES… its a shame. *just know that those that is last will be first* the slaves that became your *project like mice in a Lab. that became your drug addicts, drug dealers , your murders , the worst of your society they *will pick them selves by the BOOT strap’s and change there future by coming quickly to Africa i hope doctor york is released 73 in jail is crazy let alone solitary confinement is inhuman i guess thats why USA removed them selfs from the human rights council. hold children in prison youngs as 5 years old will become a normal practice. like shooting africans dead in the streets for wearing the wrong colthing ,or music to loud , or just to dam BLACK!!!!!!

    • It’s pitiful to see such thing happening especially if Dr. York is innocent. One thing that is out rightly shocking is that Liberians are crying for justice for one Liberian in the diaspora while refusing to sound justice for hundred of thousands of lives that have been taken. I strongly believe that some of these same folks crying out for justice for Dr. York to some extent may have voted into power vicious war lords and partakers of the bloody 14 years civil carnage in Liberia. The international community cannot take us serious when the issue of justice arise because Liberian have in the past demonstrated complete unwillingness to seek justice for all. Folks are only crying for justice for Dr. York because of some personal feelings but not really being true to the call of justice which should be dispensed for all. Even in the past, folks were shouting “he kill my ma, he kill my pa, I will vote for him”. Remember the international community heard those words and still have historical reflections. Now folks are crying. We need to demonstrate the thorough dispense of justice at home before we can go beyond our borders.

  6. The situation with Dr. York is very sad if it is true that he is innocent. But what is shockingly surprising is that Liberians are crying for justice for Dr. York who is in the United States while the families of victims brutally murdered are receiving no sign of justice. The same Liberians that are yearning for justice today for Dr. York are some of the same Liberian that voted war lords into executive, legislative and judicial powers in Liberia. Liberia has been ruled for years by war lords who should have been facing justice but that is yet to be done, and now folks are demanding justice for one person after condoning injustice done to hundreds of thousands. This is sheer deception. The United States, also being filled with injustice, would not want to yield to judicial or political pressure because this move seems to be very deceptive. If Liberians want justice, they should ensure that the dispense of justice is conspicuous at home in Liberia before pushing for justice outside of Liberia, or else such cry for justice would be seen as a mere charade of hypocrisy.

  7. I’ll advise the Liberian government free of charge, to save itself the embarrassment. Every article I have read of Dr. York’s connection to Liberia has him under the name Malachi Z York and every document that is alledgedly from the U.S. has him as Dwight York. Does the Liberian Immigration and Naturalization Services have his actual legal name and all other names he’s known by, including Dwight York, which appears to be his legal name in the U.S., and under which his conviction is being served? Did he officially change his name in the U.S. to Malachi or if it was done in Liberia, are there documents to prove it? If none of that happened, he’s still recognized as an American citizen, Dwight York and has not lost his citizenship. My comment is based solely on public information I have read in the Liberian’s papers.

    On the crimes for which he was convicted and is serving time, I believe he needs to exonerate himself through the U.S. Court and not try to circumvent Justice with attempt at a diplomatic exemption. These are serious crimes for which he was convicted and must not be taken lightly. Why would the Liberian government want to have a convict of such crimes freed and returned to Liberia without any accountability or proof of innocence?

  8. Embarrassment… Haaaa right.. Larry you work for the United States Embassy and then you trying to make us Liberians look stupid, lol you must not be aware that the Diplomatic Note issued by the former Acting Minister of Foreign Affairs when making request for Dr. Malachi Z York, Malachi Kobina York, he was specifically referred to as Dwight York in the Diplomatic Note issued to the United States Diplomatic Note#: NTGL/MFA/3031/2-5/’04 in which he is referred to as “Dwight York”, this is how the United States has successfully hidden Dr. Malachi York for over 16 years now.. which is what is legally known as a MISNOMER, according to a search conducted on Dr. Malachi York in the Commonwealth of Massachusetts in the United States between the years of 1941-1950 where it has been alleged where he was born, the State Department of Health issued a Certificate of Vital Record on April 23, 2009 stating there is NO RECORD of a DWIGHT YORK! I actually found this link online on this website where you can download your own copy of the document … Thank GOD for the internet or people like Larry Emerson would be able to continue to TRY to deveive and fool us. Also on TRUE BILL OF INDICTMENT that the Daily Observer previously reported on, shows MALACHI YORK was his name that was CHARGED in the case.. You sadly have your facts mixed up and confused.. and circumvention of Justice???? The United States has far tooo long trampled on the small states like ours.. isnt Equality in the law paramount? You must not want to protect the future of our Diplomatic Personnel, if Liberia doesn’t Stand up for its national and DIPLOMAT, a precedent has been created in LAW and NO Liberian Diplomat is safe. And you again are ignoring that it is PUBLIC information that I also read in this very paper that the Lead witness for the United States Government admitting to lying under oath against Dr. York in a written AND video affidavit.. Hopefully our people wake up and stop be lead by foreign agents.. We MUST stand up for our own and FREE and INNOCENT man!

    • Famatta. I won’t address your accusations on my person. I will remind you though, that I raised my questions solely based on information that have been available to me on Mr. York and I thought to bring light to, that if not addressed within the legal framework, nothing will be achieved towards the release of Mr. York. I have not asserted any facts as you claimed. That may not be relevant after all.

      But the bigger issue is the alledged crimes he was convicted of: racketeering, fraud, tax evasion, over 100 counts of child molestation, conspiracy.

      Dwight York was convicted based on testimonials and physical evidence obtained, including from his own son and his own confession. Below is a story on CrimeFeed, an investigative crime website that researches crime stories and publishes findings:

      ” The feds’ focused investigation into sex-abuse claims commenced in 1998 and finally came to fruition four years later.

      On that day in May 2002, while officers put cuffs on York in town, tactical agents stormed Tama-Re and liberated “50 to 75 children” who were being kept inside the cult leader’s private residence. Searchers also turned up illegal weapons, hidden cash, and piles of further evidence against the supposed Supreme Being.”

      Note, the case against Dr York started even before his reportedly naturalization as a Liberian and alledged appointment as a Liberian diplomat.

      • Larry, the reason I make statements like you work for the United States Embassy is the posts that I have noticed you have conveniently placed on these feeds of Dr. York have shown a bias perspective. Like the fact you are are still quoting these charges as the charges that Dr. York was convicted of: “racketeering, fraud, tax evasion, over 100 counts of child molestation, conspiracy” This is false information, this very newspaper along with Front Page Africa has long since disputed by publishing an actual copy of the judgement handed down on May 7th, 2004 by the United States District Court for the State of Georgia. Also CrimeFeed is not a factual website, if you are looking for the facts you should get a copy of the Transcripts of the trial so that you will actually have facts and not just media hype which is the same hype based on fiction that got Dr. York incarcerated in the first place. And if anyone wants a TRUE copy of Dr. Yorks Indictment and Judgement, just search the following “United States Public Access to Court Electronic Records”Let’s start with the conviction… According to the Judgement which was published in a previous article in the newspaper, Dr. York was charged with Conspiracy to Transport Minors in Interstate Commerce for Unlawful Sexual Activity, and Conspiracy to Structure Cash Transactions to Evade Currency Transactions Reporting Requirements. He was NEVER charged with Child Molestation, Rape, Fraud, OR tax evasion. Now if anyone wants a copy of that judgement they too can go to PACER and get their own TRUE copy. Also.. you are again sadly mistaken when it comes to WHEN the investigation started, Sheriff Sills who initiated the investigation himself said that he didnt go to the FBI until the year 2000 (which is AFTER his appointment as a Diplomatic Agent). Now also keep in mind that this same Sheriff, had a vendetta against Dr. York due to the fact that Dr. York won a case against the town where “Tama-Re” was located, the town attempted to impede in him building his “Africanesque” Themed Consulate Post… and Dr. York WON in court against these same officials.. this information is also available in public records in Putnam County Georgia, and is available in a documentary called “Mysteries Behind Closed Doors” which I saw on KMTV Liberia. Please get your facts straight.. and Liberia let’s step up to FREE DR YORK before our children are allowed to be locked up contrary to International Law.

  9. Action must be taken now. Liberia must show her courage and be an example for other African nations. I believe its the honourable thing to do. Liberia is a proud African nation standing up for her people. All of the inconsistencies of ths case and injustices perpetrated on Dr Malachi Z K York must be brought to light. Such as prosecutorial misconduct, no d.n.a evidence or pictures, no physical or medical evidence, lack of accurate testimony and lack of credibility, witness tampering and recantations, violations of diplomatic immunity. A little research shows Dr Malachi Z K York’s innocence. His suffering must end and repatriation must be swiftly secured. It is time for more African nations to stand together and protect their citizens.

  10. It’s as plain as black and white! Obviously fear shows itself in it’s various ways, forms, colours and energy!
    Dr Malachi Z K York is INNOCENT of all of the alleged claims and crimes the fearful wants to stick onto him!!! HE MUST BE BROUGHT HOME TO LIBERIA!!! With so much sound and just evidence of his status on many levels, the ones bought out by money, for positions and the compromisation of their very moral fibre, act against the positive progress and freedom for the most Just Man and his people world wide!

    FREE DR YORK!!!

  11. As an outsider i look in and see is the same old story. Fulton Garpue weather its African in America or a Africans in Africa. Please pay attention to what is happening. What happen was a Crime from what i can see that is easily being over look. Dr york was and ((IS)) a Diplomat that has immunities protected by the VIANNA CONVENTION ON INTERNATIONAL RELATIONS BOTH USA AND LIBERIA are a party too. The Mark in History you Are making mention of has nothing to do with MR york however that Mark in history that you mention (BLOOD SHED) could of have been Prevented by Big Brother. big brother could of sent aid to the people Big Brother could of help. A Fellow African’s helped. thats what stop the blood shed. As for War lords if you look at African History FULTON GARPUE we are not responsible for the Adam BOMB! or any of the other world war’s 1,2,or 3 throughout the world africans do (( NOT )) promote war for Financial Gain we are a people of Love AND unity this is why we feel like Mr York situation Is a Misfortune. 73 years old man in solitary confinement Mr York did not KILL! anyone from what im reading. Its even SAID that the News Paper are IN position of the court transcripts that Convey the FBI LEAD AGENT Julian Ward said that she did not have Evidence of Transporting Minors for the purpose of sex… thats a *very! major Point thats the Investigator has NO! Evidence of such GRAVE CRIME LOL NOT to Mr YORK the lol is to us African’s we are the only ones that allow this type of treatment a Diplomat illegally detain and tortured for 16yrs Africans are the only ones that allow this type of international Embarrassment this truly SAD! the news paper clearly say’s the COURT OF CRIMINAL COURT (((B))) Has (FOUND*) Mr York Documents. What happen to Mr York can happen to anyone from Africa…. once the Justice Department correct the misnomer that they are hiding him under they will have to deal with the fact that the Justice Department has been torturing and continue to torture a internationally protect person the International community will TAKE NOTICE sooner then later indeed th African Union should Look into this if Mr York is not *Protected then no African Diplomate is safe. His Arrest was during a time when Liberia was going through PROBLEMS. However its been 16 years later and we have signatures that are being presented that date back to 1997 Mr York was severing the country of the Republic of Liberia in Official capacity FOR 5 YEARS . this is truly SAD. i will continue watch

  12. Many people, many, many people do care about Malachi Z York, the injustices of this case, and how this high-profile case reflects, and in many ways, represents the wider injustices that are administered by various institutions across the world, against all people, regardless of race, gender, wealth, position etc.

    The continued incarceration of Malachi Z York by the US Penal system is plain and simply wrong. The evidence is quite overwhelming, and both highlighting and protecting his Diplomatic rights are of critical importance as the campaign to free him continues. It is not opportunism, it is examining legal process.

    Like many nations across Africa, and the world, Liberia has a painful, painful history of injustices served to its people, and in no way would any level headed, genuine supporter of Malachi Z York, place one innocent person’s freedom over another. This campaign is for Diplomatic precedence to be respected in the case against Malachi Z York, and is a campaign for the rightful (through International Law, not opinion..) and fair assessment to be given to this individual and this case. This is not about the creation or request for a unique or bespoke form of litigation.

    The case against him has been examined, with redacted statements, and changes of pleas from key ‘witnesses’ and highly questionable court proceedings throughout his case and conviction. Taking these matters in consideration, it would be an INJUSTICE not to consider a campaign to highlight these matters.

    Malachi Z York has positively influenced many people across the globe, and hence the attention, resilience and passion felt by many on his behalf. It does not attempt to discount the injustices of Liberia, its citizens, or any citizen, anywhere, as these are tragic stories, with historical context, and it is why we need people, wherever they are, whoever they are, to be free to assist in the work of addressing injustices, whilst uplifting the minds of many.

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