Colombofire Exclusive: US Opens Investigation into Whether Gotabaya's Premature Citizenship Renunciation Affidavit Violated Federal Law
WASHINGTON, D.C. — The United States Department of State has launched a formal federal investigation into the circumstances surrounding Gotabaya Rajapaksa’s 2019 presidential candidacy, specifically focusing on whether a premature declaration of his U.S. citizenship renunciation violated federal law, according to documents and sources familiar with the matter reported to ColomboFire.
The probe, confirmed by a State Department official who spoke on condition of anonymity due to the ongoing nature of the inquiry, centers on an affidavit submitted to Sri Lanka’s Election Commission by attorney Ali Sabry on behalf of Rajapaksa. The affidavit allegedly stated that Rajapaksa’s renunciation of his U.S. citizenship had been completed, when in fact the administrative process had not been finalized at the time of the declaration.
At the heart of the investigation is potential exposure under 18 U.S.C. § 1001, which makes it a federal crime to knowingly and willfully make any materially false, fictitious, or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States. The statute carries penalties of up to five years imprisonment and substantial fines. Legal analysts suggest that if the affidavit was prepared with the knowledge that the renunciation was incomplete, and if that document was submitted in a manner that touched upon U.S. administrative processes, federal prosecutors could have jurisdiction.
The State Department’s Diplomatic Security Service and the Bureau of Consular Affairs are reportedly coordinating on the review, examining the timeline of Rajapaksa’s renunciation application, the issuance of any certificates, and the communications between his legal representatives and U.S. consular officials.
Similar Investigations Offer Precedent
While federal investigations into foreign political candidates’ citizenship status are rare, there are precedents for U.S. authorities scrutinizing false statements related to immigration and nationality matters:
The "Baby Doc" Duvalier Case (1980s): Jean-Claude Duvalier, the former president of Haiti, faced U.S. scrutiny over his immigration status and financial disclosures. While the primary charges were financial, the investigation involved examining the veracity of his statements to U.S. immigration authorities regarding his residency and assets, leading to a complex legal battle over his status in the United States.
The Sam Rainsy Investigation (Cambodia): The U.S. government has previously examined allegations that Cambodian opposition leader Sam Rainsy made false statements regarding his U.S. citizenship status or residency to influence political processes in Cambodia. While the outcomes were often politically charged, the investigations established a framework for reviewing potential violations of U.S. law by foreign political figures holding dual nationality.
Historical Renunciation Fraud Cases: The State Department has periodically investigated individuals who falsely claim to have renounced U.S. citizenship to avoid tax liabilities or military service. In these cases, the crux of the legal issue often revolves around the Immigration and Nationality Act (INA), specifically 8 U.S.C. § 1481, which governs the loss of nationality. If an individual falsely represents that they have completed the renunciation process to a foreign government, and that representation affects U.S. interests or involves fraud against a U.S. agency, it can trigger federal charges.
The Legal Nexus: 8 U.S.C. § 1481 and Fraud
The core legal question involves 8 U.S.C. § 1481, which outlines the conditions under which a U.S. citizen may lose their nationality. Renunciation is a voluntary act that must be performed in a prescribed manner before a U.S. diplomatic or consular officer. A key provision is that the renunciation is not effective until the Secretary of State approves it and issues a Certificate of Loss of Nationality (CLN).
If Rajapaksa’s legal team submitted an affidavit to Sri Lankan authorities claiming the process was "completed" before the CLN was issued, investigators are examining whether this constitutes a false statement under 18 U.S.C. § 1001. The statute applies to statements made in matters within U.S. jurisdiction, and the administration of nationality laws is a federal function.
Potential Implications
The investigation could have significant diplomatic and legal ramifications. If the State Department finds evidence of a willful false statement, the matter could be referred to the Department of Justice for criminal prosecution. Such a move would be unprecedented for a former foreign head of state and could complicate U.S.-Sri Lanka relations.
A spokesperson for the State Department declined to comment on specific details but stated: "The Department takes allegations of fraud and misrepresentation in immigration and nationality matters seriously. We do not confirm or deny the existence of investigations, but we thoroughly examine any credible allegations of violations of U.S. law."
ColomboFire will continue to follow this developing story.