to find out more about the implications of hoda's case, we go to dallas, texas, to speak to charlie swift, the director of the constitutional law center for muslims in america. he is an attorney for hoda muthana's father. swift is a retired navy officer who retired in 2007 as a lieutenant commander in the judge advocate general's corps. he is best-known for winning the u.s. supreme court case hamdan versus rumsfeld. charlie swift, welcome to democracy now! explain the case of hoda muthana . is she a u.s. citizen? forell, first, thank you having me. second, yes, she is. you have hit on the pertinent facts. the 14th amendment gives anyone born in the united states or naturalized are subject to do -- jurisdiction courts, citizenship. subject to jurisdiction was a phrase that was used for diplomats. in other words, diplomats who have diplomatic immunity are not subject to jurisdiction of u.s. courts. father, hoda muthana's was discharged from that position. and diplomatic immunity is not personal. it is part of the position you hold. if you are diplomat in a foreign country, you have it by vi

the attorney for the family, charlie swift, joins me. mr.g the time. >> thank you for having me. >> neil: all right. so i think the administration's viewpoint, she's not a citizen. is she? >> yes, she is. >> neil: okay. >> the reason is -- >> neil: she's the daughter -- >> she's born in new jersey. her father has been discharged from being a diplomat. she was born october 23, of 1994. the reason i know that is the united states government, the mission to the u.n. by the u.s. sent a letter in 2004 indicating that's exactly what had happened. >> neil: did she to your knowledge, mr. swift, ever say any threatening comments herself, let alone having been married to isis -- >> i don't know. >> neil: that alone would raise concerns, right? >> that would raise concerns. but the way we deal with that is not to bar -- let's say you're in paris. the government decides they don't like what you say. can they bar you from coming back? you're a u.s. citizen. >> neil: if i had the tie to be married to someone in isis, it might get their attention. >> you c