Pending Litigation: Hawaii Confirms That Obama’s Vital Records Have Been Amended.

naturalborncitizen ^ | 9/21/2009 | rxsid

[rxsid]

Pending Litigation: Hawaii Confirms That Obama’s Vital Records Have Been Amended.

I will be assisting one of my readers in filing litigation in Hawaii state circuit court pursuant to her ongoing request for public information denied by Hawaii officials. (Readers of my blog will recognize her as MissTickly aka TerriK.)

Correspondence sent to TerriK by Hawaii officials indicates that President Obama’s vital records have been amended and official records pertaining thereto are maintained by the state of Hawaii.

I will issue a full statement and press release on behalf of TerriK via this blog in the days ahead. This statement will include a complete history of correspondence between TerriK and Hawaii state officials in the Office of Information Practices (OIP) and the Department of Health (DoH).
[snip]

STANDING

TerriK has standing to pursue this action under the statute. The UIPA manual states:

“Any person” may make a request for government records under part II, the Freedom of Information section of the UIPA. “Person” is defined broadly to include an individual, government agencies, partnerships and any other legal entities.

Under part II, a government agency generally may not limit access to public records based on who the requester is or the proposed use of the record.

More here: http://naturalborncitizen.wordpress.com/2009/09/21/pending-litigation-hawaii-confirms-that-obamas-vital-records-have-been-amended/

[rxsid]

PING!

[IllumiNaughtyByNature]

There is a perfect Rovian storm brewing...

[Red Steel]

Well well what do we have here? :-)

[screaminsunshine]

Gee what a surprise. I am bummin. I have to go to an out of touch 3rd world country for work for a month and I am going to miss all the FR fun.

[Red Steel]

Ping.

[LucyT]

[omega4179]

Amended as in who’s your Daddy?

[dinodino]

Excellent...

*rubbing hands*

[rxsid]

More from Leo's site...

ISSUES

Section 92F-12(15) states that the following must be released to the public:

(15) Information collected and maintained for the purpose of making information available to the general public;

On July 27, 2009 Hawaii Department of Health Director Fukino issued a press release which stated:

“I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”

TerriK requested all information “collected and maintained” for the purposes of preparing the public statement made by Director Fukino as such information must be released according to the statute.

TerriK was interested in knowing how Director Fukino came to the conclusion that the President was a natural born citizen. She was familiar with Section 92F-12(15) which demands that all information collected and maintained for the purposes of making such a public statement be made public. She was denied that information despite the clear wording in the statute. Furthermore, the case law from Hawaii clearly demands production of the records TerriK requested.

[RummyChick]

amended as in Lolo adopted him?

or amended as to Birth place....

or amended as to birth date...

[Frantzie]

“I have to go to an out of touch 3rd world country for work for a month and I am going to miss all the FR fun.”

So your job is taking you to Detroit or Camden, NJ?

[knarf]

GET RID OF THE BLACK BACKGROUND SO I CAN READ THE DAMNED THING !!!

Having said that,

I'm not sure I understand this.

Has Hawaii sent out a press release that says, "We've doctored everything to mean what zero wants it to say" ... ???

[BastropBarbie]

ping

[Frantzie]

Hmmm...if Leo is getting involved in litigation in HI then there is probably something there.

He is a bit quirky but he is smart as a whip and knows the law.

[potlatch]

Hawaii Confirms That Obama’s Vital Records Have Been Amended.

Ping of possible interest.

[Diogenesis]

Click for more info

---

Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report
"The Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii
In the State of Hawaii, back in 1961, there were four different ways to get an “original birth certificate” on record.
BC1. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).

BC2. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then all that was required was that one of the parents send in a birth certificate to be filed. The birth certificate could be filed by mail. There appears to have been no requirement for the parent to actually physically appear before “the local registrar of the district.”
It would have been very easy for a relative to forge an absent parent’s signature to a form and mail it in.
In addition, if a claim was made that “neither parent of the newborn child whose birth is unattended as above provided is able to prepare a birth certificate, the local registrar shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.” (Section 57-8&9)
.... there is and was no requirement for a physician or midwife to witness, state or report that the baby was born in Hawaii.

BC3. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then, up to the first birthday of the child, a “Delayed Certificate” could be filed, which required that “a summary statement of the evidence submitted in support of the acceptance for delayed filing or the alteration [of a file] shall be endorsed on the certificates”, which “evidence shall be kept in a special permanent file.”
The statute provided that “the probative value of a ‘delayed’ or ‘altered’ certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.” (See Section 57- 9, 18, 19 & 20 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).”

BC4. If a child is born in Hawaii, for whom no physician or mid wife filed a certificate of live birth, and for whom no Delayed Certificate was filed before the first birthday, then a Certificate of Hawaiian Birth could be issued upon testimony of an adult (including the subject person [i.e. the birth child as an adult]) if the Office of the Lieutenant Governor was satisfied that a person was born in Hawaii, provided that the person had attained the age of one year.
(See Section 57-40 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961.)
In 1955 the “secretary of the Territory” was in charge of this procedure. In 1960 it was transferred to the Office of the Lieutenant Governor (“the lieutenant governor, or his secretary, or such other person as he may designate or appoint from his office” §338-41 [in 1961]).

In 1982, the vital records law was amended to create a fifth kind of “original birth certificate”. Under Act 182 H.B. NO. 3016-82, “Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that the proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.”
In this way “state policies and procedures” accommodate even “children born out of State” (this is the actual language of Act 182) with an “original birth certificate on record.”

[wastedyears]

How the hell can records be amended?

[ATOMIC_PUNK]

[STARWISE]

~~PING!

Wow .. Miss Tickly is a former FReeper, who said she loathed the way the BHO crew treated Hillary. Best of luck and Godspeed in your pursuit, Miss T!

[OneWingedShark]

As in Roe v. Wade?

[rxsid]

My thoughts as well!

[Electric Graffiti]

"TerriK requested all information “collected and maintained” for the purposes of preparing the public statement made by Director Fukino as such information must be released according to the statute."

I didn't know Hawaii had this statute......It looks like the Dept. of Health with go to the mat to protect Barry Soetoro. What a surprise.

[refermech]

good luck with that......

[Nuc1]

Why don’t I have standing?

[RushIsMyTeddyBear]

You stay SAFE! Don’t worry, tho. Just more days of Zero’s corruption and him acting like he’s ‘coated in Teflon’. Same ol’ poop....different day. ;-)

[CaliforniaCon]

Re: ““I have to go to an out of touch 3rd world country for work for a month and I am going to miss all the FR fun.”

So your job is taking you to Detroit or Camden, NJ?”

**************

LOL -— hahahahaha -— good guesses!

[Shqipo]

>>>It looks like the Dept. of Health with go to the mat to protect Barry Soetoro<<<
—But why is a Republican governor?

[Frantzie]

You know after Leo’s experiences with SCOTUS and NJ courts plus his earlier legal experiences before he quit being a lawyer that he would be not jumping on this unless he thought something could be done. Not to mention his experience with SCOTUS jerking Cort Wrotknowski around.

Hmmm....Leo is onto something.

[devolve]

.

The plot sickens

[pissant]

Ruh-roh

[Red Steel]

The Loquacious Missy Tickly.

[justlurking]

My understanding is that someone made a formal request as to whether there were any amendments to Obama's birth records.

She didn't actually ask for the amendments, but basically asked if Obama requested his file for the purposes of amending it, and if he had paid fees to amend it.

Leo is jumping to a bit of a conclusion, based on the response: the DoH didn't respond that there were no such records. They responded that the requester couldn't have those records.

So, the question is: did they confirm the existence of amendments? Leo seems to think so. I'm not so sure.

Also, since Fukino made public statements about the contents of Obama's files, Hawaii law apparently requires that the information that is the basis for a public statement must be available under a FOIA request. The DoH denied this request, but neglected to inform the requestor of her right to appeal.

I'm not sure this will go anywhere, but it will keep the pressure on.

[pissant]

Most likely. I’ve said for a long time that Obama Sr was likely just a patsy.

[pissant]

Adoptions, unless they happened at birth time or close to it, would not amend the “birth records”.

[pissant]

LOL!

[pissant]

BUMP

[pissant]

By request.

[pissant]

And she left FR because some were very rude, despite her being above board about her allegiance.

[bmwcyle]

On the grassy knoll?

[pissant]

The gov is only peripherally involved. She trusted her Vital Records people to do what was right.

[MHGinTN]

The following from the replies is interesting for whayt Leo explains:

[[ JeffM Says:
September 21, 2009 at 7:00 pm

Leo,

You’re going to bump uglies with this:

§92F-13 Government records; exceptions to general rule. This part shall not require disclosure of:

(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

Watch out as the court will attempt lay a nice veil over the intent of this section.

+Ed. The invasion of privacy has to outweigh the public interest and the public interest is specifically attached to the working of Government... but this case is not technically an issue regarding Obama's personal vital records...but rather the issue she sought pertained to whether he requested to amend them or if he actually amended them. Those requests, even a request to see his records is itself a government record under the UIPA and as such she requested to see it --- NOT the actual vital records themselves.

TerriK was originally interested in whether or not he made a request to amend his records and to inspect them for the purpose of amending. Those requests (not the actual amendments) do not appear to be protected according to the statute and various opinions issued by the state... regardless... TerriK's requests to see the amendments had to be answered in one of three ways according to the statute and the manual:

1. we have the record you requested and will provide them
2. we don't maintain the records you requested (aka we don't have any such records in file)
3. we have the records, but you are not entitled to see them
She was told on two occasions by an OIP staff attorney that if no such records exist, they must notify her of that fact.

Eventually that same staff attorney, acting on advice of the DoH told TerriK that the records were not available as they were protected. Their official response was that she wasn't allowed access to those records... They never told her that they didn't maintain these records she requested. If they didn't have such records, then they would have been required to tell her the records don't exist.

More to come in the days ahead.]]

[RummyChick]

I am not so sure about that. there was someone on here that had been adopted in hawaii, the birth records were amended and the original info sealed...but I can’t remember the details.

[trumandogz]

Does the 1982 law state “children born out of state” or children born “outside of the country?”

[chemical_boy]

He could have been adopted Lolo Soetoro and his surname legally and then amended again when he changed it back to Obama

[potlatch]

[The plot sickens]

Many plots, many disappointments, never ending - until it ends.

[pissant]

The original info may be sealed - from prying eyes. but the family or the person whose records they are can go back and see the originals if they so choose.

[RummyChick]

If that is true, why do so many adopted children have a difficult time finding their true parents?

[pissant]

Possible. Or they may have found a patsy named Obama to claim fathership instead of unknown or Frank Marshall Davis

[pissant]

Or conversely, how come so many adopted kids find out they were adopted and find their birth parent(s)