Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

TerriK Investigation Part3: Hawaii AG Mark Bennett Approved Fukino’s Natural-Born Citizen Statement
Natural Born Citizen ^ | 10-1-09 | Leo Donofrio

Posted on 10/01/2009 12:06:32 PM PDT by STARWISE

Complete title (too long for the space)

TerriK INVESTIGATION, Part 3: Hawaii AG Mark Bennett Approved Fukino’s Natural-Born Citizen Statement; All Records Should Be Made Public According To Law.

###

Hawaii Department of Health Director Chiyome Fukino’s press release of July 27, 2009 was a public statement. The UIPA (Hawaii open records law) at 92F-12(a)(15) states:

§92F-12 Disclosure required. (a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

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

Fukino’s July 27th press release 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.”

There were two very important pieces of information made available to the public in the above statement:

- “…Obama was born in Hawaii…”

- “…Obama…is a natural-born American citizen…”

It cannot be disputed that this information was made available to the public. Therefore, under 92F-12(a)(15), all “Information collected and maintained for the purpose of making” the July 27th statement available to the public must be disclosed.

TerriK locked onto 92F-12(a)(15) and applied it to the July 27th press release by requesting all relevant records thereto. It was a very intelligent and savvy analysis, especially for a lay person. I tend to believe the application of this provision was overlooked by Hawaii officials and this will be the game changer leading to full disclosure.

Everything specifically listed in section 92F-12 is required by law to be made public. There is no discretion involved. Furthermore, no other provision of the UIPA may work as an exception to the mandatory disclosure mandated by 92F-12. Therefore, none of the exceptions listed in 92F-13 to the UIPA’s general rule of disclosure are applicable.

The only exceptions to mandatory disclosure of records listed in 92F-12(a)(15) are confidentiality laws listed in other chapters of the Hawaii Revised Statutes. This would specifically include Haw. Rev.Stat. 338-18 which makes vital records maintained by the DoH confidential.

As to Fukino’s July 27th press release, 92F-12(a)(15) and 338-18 may be in conflict as to disclosure of Obama’s vital records. The resolution of this potential conflict will be the subject matter of Part 4 of this report where we will comprehensively analyze whether vital records viewed by Fukino in making her July 27th statement must be disclosed.

I will tell you in advance that when such a conflict exists, the law requires that authorities give effect to both provisions where possible as “repeal by implication is disfavored”. OIP OP. Ltr. No. 00-02 citing Mahiai c. Suwa 69 Haw. 349, 356-57 (1987). My conclusion stated in advance of Part 4 is that those vital records must be disclosed.

That being said, this section of the report will be limited to issue of which records must be disclosed by the DoH, the Hawaii Attorney General, and any other official – state or federal – pertaining to the definition of the term “natural-born American citizen” as used by Fukino in her July 27th, 2009 press release.

NEW UIPA REQUESTS

Unfortunately, TerriK’s requests for records on this issue were very broad. This doesn’t mean they shouldn’t have yielded some disclosure. But the DoH seized on the broadness and issued a very confusing response which did not exactly conform to the OIP administrative rules.

Therefore, I have begun the process of making very specific UIPA requests on my own behalf for the records discussed. Other researchers I am in touch with are doing the same. Below is comprehensive legal analysis which strongly indicates full disclosure must be provided.

HAWAII ATTORNEY GENERAL MARK BENNETT APPROVED FUKINO’S JULY 27th PRESS RELEASE.

Justin Riggs sent the following email to DoH Communications Director Janice Okubo on July 29, 2009:

From: Justin Riggs [email address redacted] Date: Wed, Jul 29, 2009 at 12:03 PM To: …janice.okubo@doh.hawaii.gov, [redacted other recipient]

…Ms. Okubo, I am currently a masters degree candidate at …

The reason that I am contacting your organizations is that you are, as far as I can tell from my research, the only two groups that have openly stated that President Obama is a natural born citizen (one of the Article II, Section I qualifications for being President). I would like to document how you came to that conclusion: i.e. what the criteria is for your organization, what evidence the candidate provides, etc.

I thank you for your time, and look forward to receiving a response in the near future.

Sincerely,

Justin W. Riggs

Janice Okubo responded later that day:

From: Okubo, Janice S.. Date: Wed, Jul 29, 2009 at 12:20 PM To: Justin Riggs [email address redacted]…

Aloha Justin,

The statement was reviewed and approved by our Attorney General Mark Bennett. I am unable to provide further comment.

Janice Okubo Communications Office Hawaii State Department of Health…

So, we know that Hawaii Attorney General Mark Bennet “reviewed and approved” Fukino’s July 27th press release. Bennet may have prepared the entire press release or perhaps just the “natural-born” part. We don’t know. Okubo states that she is unable to provide further comment, so the rest is a mystery at this point. But we certainly have another public statement here which makes information available to the public.

The public is therefore entitled to all records maintained by Hawaii officials which pertain to this July 29th statement by Okubo. For example, any emails between Okubo and AG Bennett, between Okubo and Fukino, between Bennett and Fukino, Governor Lingle, etc. which guided Okubo’s statement to Justin Riggs must be disclosed along with memos, letters, transcripts, video and telephonic conference recordings and any other records maintained thereto.

The same goes for any records maintained documenting dialogue between Hawaii officials and federal officials as to this issue.

But more important is that all of the above records pertaining to Fukino’s July 27th press release must also be disclosed.

Rest @ link


TOPICS: Government; History; Politics; Reference
KEYWORDS: birthcertificate; birthers; certifigate; donofrio; hawaii; obama; oip; terrik; uipa; vitalrecordsindex

1 posted on 10/01/2009 12:06:33 PM PDT by STARWISE
[ Post Reply | Private Reply | View Replies]

To: penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; April Lexington; ...

~~Search didn’t show this was posted ... PING!


2 posted on 10/01/2009 12:07:34 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RebelTXRose

btt


3 posted on 10/01/2009 12:10:03 PM PDT by RebelTXRose
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

Leo and TerriK! Any analysis by FR’ers? So the HI AG is involved?


4 posted on 10/01/2009 12:10:32 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

“The public is therefore entitled to all records maintained by Hawaii officials which pertain to this July 29th statement by Okubo. For example, any emails between Okubo and AG Bennett, between Okubo and Fukino, between Bennett and Fukino, Governor Lingle, etc. which guided Okubo’s statement to Justin Riggs must be disclosed along with memos, letters, transcripts, video and telephonic conference recordings and any other records maintained thereto.

The same goes for any records maintained documenting dialogue between Hawaii officials and federal officials as to this issue.”

Sweet.


5 posted on 10/01/2009 12:12:25 PM PDT by show me state
[ Post Reply | Private Reply | To 2 | View Replies]

To: STARWISE

When Leo gives the signal - every conservative and conservative lawyer should send letters demanding the documents. Retired attorneys and former JAG officers should be all over this.

Hawaii - we want the documents now!


6 posted on 10/01/2009 12:13:06 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

We’ll need a court order.


7 posted on 10/01/2009 12:14:14 PM PDT by Genoa
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

Ping, bttt


8 posted on 10/01/2009 12:16:29 PM PDT by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
[ Post Reply | Private Reply | To 1 | View Replies]

Chiyome Fukino, State of Hawaii Director Department of Health

Janice Okubo, State of Hawaii's Department of Health, Director of Communications

Dr. Alvin Onaka, Dr. Alvin Onaka, State of Hawaii Chief of Vital Records Office

Picture with article


9 posted on 10/01/2009 12:16:47 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 2 | View Replies]

Excerpts:

~~~~~~

*snip*

By taking official agency notice of Obama’s vital records and issuing an official opinion as to his Presidential eligibility, Fukino’s actions fall under “the law of the agency” pursuant to 92F-12(a)(2). And by refusing to inform the public concerning how she came to define the term “natural-born American citizen”, she is guilty of making “secret law”.

*snip*

Regardless, as I have limited discussion in this section of the TerriK Investigation report to disclosure issues attached to records pertaining only to the definition of “natural-born American citizen” incorporated by DoH Director Fukino (and approved by Attorney General Mark Bennett) in her July 27th press release, the privacy exception of 92F-13(1) does not apply.

There can be no privacy interest as to the definition of the term “natural-born American citizen”.

10 posted on 10/01/2009 12:29:38 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Frantzie

Yep.


11 posted on 10/01/2009 12:31:33 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 4 | View Replies]

To: STARWISE

From Natural Born Citizen blog:

When can we expect the documents/records/opinions to be released?

[ed. all the uipa requests must be responded to by 10 business days, and if no response then we can ask for OIP opinion letters and/or appeals... not sure how long those would take. We don’t have to wait for them though, we can go straight to the judiciary for an expedited calendar. Hopefully, we are going to see a release of records before that. Anything going to trial under the UIPA shouldn’t take more than a few months... I’m just guessing, but 3 to 4 months at the most seems plausible. It helps alot if those of you reading this will apply PR pressure by reposting and keeping this story front and center. it’s a team effort.]


12 posted on 10/01/2009 12:33:04 PM PDT by SeattleBruce (God, Family, Church, Country - Keep on Tea Partiers - party like it's 1773!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

SW, What’s the “picture with article” ? NO SECRET LAW ?

Where was this taken and what is the implication ?


13 posted on 10/01/2009 12:35:13 PM PDT by rocco55
[ Post Reply | Private Reply | To 9 | View Replies]

To: STARWISE

DOH DIRECTOR’S OFFICE SHAKEN UP BY CITIZEN’S HUNCH THAT OBAMA HAS ALTERED HIS ORIGINAL VITAL RECORDS

http://thepostnemail.wordpress.com/2009/09/30/is-fukinos-office-in-open-rout/


14 posted on 10/01/2009 12:44:45 PM PDT by jcsjcm (Patriot = Perfectly Able To Resist Idiotic Obama Tyrannies (good enough))
[ Post Reply | Private Reply | To 1 | View Replies]

To: rocco55; MissTickly

I think it’s demonstrating that now, because
that phrase ‘natural born citizen’ was put out
there officially, they cannot now claim a
privilege of privacy and in effect create a
secret law, which would contradict UIPA
stated policies.

Those require release of all information/records,
etc. that justify and back up the statement
they made. And it was made with the input of
and official opinion of Bennett, the Atty. General.


15 posted on 10/01/2009 12:48:58 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 13 | View Replies]

To: rocco55
It was photo shoped I think. If you go to Natural Born Citizen and click that photo you can put what you want on the sign.
16 posted on 10/01/2009 12:50:38 PM PDT by jarofants
[ Post Reply | Private Reply | To 13 | View Replies]

To: jarofants

I’m sure it was just used to convey his argument.


17 posted on 10/01/2009 12:57:58 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 16 | View Replies]

To: STARWISE

Everyone, please send this out viral. Post it to other boards and e-mail it out on your e-mail list. Here’s a quote from Leo:

“[ed. post it far and wide. if you guys work as hard reposting all of this as I have in preparing it, the chances of it having a proper impact grow exponentially.]”

from:
http://naturalborncitizen.wordpress.com/2009/10/01/terrik-investigation-part-3-hawaii-ag-mark-bennett-approved-fukinos-natural-born-citizen-statement-all-records-should-be-made-public-according-to-law/#comment-12728


18 posted on 10/01/2009 1:06:37 PM PDT by ConjunctionJunction
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeattleBruce

World Net Daily hopefully will publicize this. Maybe Beck or Savage??

I wonder if a massive letter writing campaign demanding the documents by individuals.


19 posted on 10/01/2009 1:34:28 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Frantzie

I would suggest the communications to Hi officials should be to follow the law & allow “ We the People “ to obtain or inspect all the documents we are entitled to see ?


20 posted on 10/01/2009 1:56:15 PM PDT by roylll
[ Post Reply | Private Reply | To 19 | View Replies]

To: STARWISE

Very Very soon, it’s really gonna suck (if not so already) to be a Hawiian official even remotely associated to this.

LOL.


21 posted on 10/01/2009 2:17:31 PM PDT by roaddog727 (It's the Constitution, Stupid!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: roaddog727

I’ll drink to that ...... twice, maybe thrice ... ;)


22 posted on 10/01/2009 2:19:19 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 21 | View Replies]

To: STARWISE

Given the HI “secret law” opinion (OIP 90-40) I would imagine that the path of least resistance is now to petition AG Mark Bennett...


23 posted on 10/01/2009 2:19:22 PM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

They have 10 days to either provide the information requested, provide incontrovertible falsified documents, or flat-out whip 'We the People' the bird. Interesting times we live in.


24 posted on 10/01/2009 2:22:23 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: so_real

My guess is we get the bird from them. I doubt they risk phonys docs. They may provide docs where everything is redacted.

Gary Kreep said in his case that the DOJ will do anything to avoid discovery.


25 posted on 10/01/2009 2:48:03 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Frantzie

“So the HI AG is involved?”

I’m beginning to think that there’s nobody (not even the GOP governor) beyond corruption in the state of Hawaii when it comes to the cause of defending Zero.

This country needs an enema, and that’s going to involve a lot of gallows; treason carries the death penalty.


26 posted on 10/01/2009 3:12:08 PM PDT by IntolerantOfTreason (The Republican Party - the Anti-Constitution party (see Section 1, Article 2))
[ Post Reply | Private Reply | To 4 | View Replies]

To: Frantzie

I think that’s a bit too hopeful - all the conservative lawyers have already proven themselves too chickens*** to get involved in this case.

Which is why we’re stuck with Orly Taitz going off the deep end in courtrooms and TV interviews, and selling her body to her legal team to pay the bills.


27 posted on 10/01/2009 3:16:13 PM PDT by IntolerantOfTreason (The Republican Party - the Anti-Constitution party (see Section 1, Article 2))
[ Post Reply | Private Reply | To 6 | View Replies]

To: STARWISE
So Hawaiian Law says they have to pony up. Good. Reminds me of this quote,"Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading." United States v Prudder, 424 F. 2d 1021(5thCir. 1970),cert. denied, 400 U.S. 831 (1970)

I'll just keep asking Obama, "What are you Hiding and Why?"

Why are you silent?

28 posted on 10/01/2009 3:57:38 PM PDT by Art in Idaho
[ Post Reply | Private Reply | To 1 | View Replies]

To: Art in Idaho; penelopesire; seekthetruth; television is just wrong; jcsjcm; BP2; Pablo Mac; ...

Updated Donofrio comment:

##

HMTKSteve Says:
October 1, 2009 at 1:12 pm

When can we expect the documents/records/opinions to be released?

[ed. all the uipa requests must be responded to by 10 business days, and if no response then we can ask for OIP opinion letters and/or appeals... not sure how long those would take.

We don’t have to wait for them though, we can go straight to the judiciary for an expedited calendar. Hopefully, we are going to see a release of records before that. Anything going to trial under the UIPA shouldn’t take more than a few months...

I’m just guessing, but 3 to 4 months at the most seems plausible. It helps alot if those of you reading this will apply PR pressure by reposting and keeping this story front and center. it’s a team effort.]

http://naturalborncitizen.wordpress.com/2009/10/01/terrik-investigation-part-3-hawaii-ag-mark-bennett-approved-fukinos-natural-born-citizen-statement-all-records-should-be-made-public-according-to-law/#comments


29 posted on 10/01/2009 4:09:49 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 28 | View Replies]

To: STARWISE

I think we need a plan where thousands start calling, writing and faxing requests for docs if they screw around with Leo. Hawaii is corrupt.


30 posted on 10/01/2009 5:43:16 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 29 | View Replies]

To: STARWISE

BTTT


31 posted on 10/01/2009 5:54:10 PM PDT by getmeouttaPalmBeachCounty_FL (****************************Stop Continental Drift**)
[ Post Reply | Private Reply | To 29 | View Replies]

To: STARWISE

ping


32 posted on 10/01/2009 7:16:32 PM PDT by Bellflower (If you are left DO NOT take the mark of the beast and be damned forever.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: STARWISE

Removing Soetoro from office is priority one. The man is destroying the dollar and bankrupting the country.


33 posted on 10/01/2009 8:43:17 PM PDT by PA-RIVER
[ Post Reply | Private Reply | To 29 | View Replies]

To: STARWISE

I just read Donofrio’s TerriK part 3. Hawaii is going to have a hard time trying to wiggle off the hook on this one.


34 posted on 10/01/2009 9:18:05 PM PDT by Red Steel
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Steel

35 posted on 10/01/2009 9:35:07 PM PDT by STARWISE (The Art & Science Institute of Chicago Politics NE Div: now open at the White House)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Frantzie
Leo and TerriK! Any analysis by FR’ers? So the HI AG is involved?

Yes, you bet. Hawaii is going to have to cough up. To give you an idea look below:

-snip-

--------

"From: Okubo, Janice S..
Date: Wed, Jul 29, 2009 at 12:20 PM
To: Justin Riggs [email address redacted]…

Aloha Justin,

The statement was reviewed and approved by our Attorney General Mark Bennett. I am unable to provide further comment.

Janice Okubo
Communications Office
Hawaii State Department of Health…
"

- snip -

"ATTORNEY GENERAL OPINION LETTERS CANNOT BE A SWORD AND A SHIELD.

Haw. Rev. Stat. 28-3 imposes an affirmative duty upon the Attorney General to document and make public all opinions he gives upon a question of law submitted by the head of an agency:

§28-3 Gives opinions. The attorney general shall, when requested, give opinions upon questions of law submitted by the governor, the legislature, or its members, or the head of any department. The attorney general shall file a copy of each opinion with the lieutenant governor, the public archives, the supreme court library, and the legislative reference bureau within three days of the date it is issued. Opinions on file with the lieutenant governor, the public archives, and the supreme court library shall be available for public inspection."

-snip-

"THE ATTORNEY GENERAL LETTER MUST BE DISCLOSED.

-snip-

Pursuant to HRS § 28-3, the Attorney General’s duty to disclose legal opinions in response to questions of law posed by any head of department is not discretionary. If the head of any department poses a question of law, the Attorney General’s response must be filed in accordance with HRS § 28-3 absent other considerations set out in HRS §§ 92F-13 and 14. [FN] 3.

Footnote 3 from that opinion states:

§ 28-3 provides that the “attorney general shall file a copy of each opinion.., within three days of the date it is issued” (emphasis added). Generally, the legislature uses the word “shall” to Indicate its intention to make the provision mandatory and not discretionary. State v. Shannon, 118 Haw. 15, 25 (2008).

36 posted on 10/01/2009 9:37:37 PM PDT by Red Steel
[ Post Reply | Private Reply | To 4 | View Replies]

To: Red Steel

Uh oh! Get em Leo & Terri! Thanks for pointing this out.

I was reading Orly’s response she filed tonight to Judge Carter. It was top notch.

Good job by this “Justin” too. Aloha Justin, LOL!

Giving Leo and Terri K some time but I may be sending an Aloha letter to Janice too.

If Hawaii jerks Leo around we will need to send a million Aloha letters and calls and emails to them.


37 posted on 10/01/2009 9:50:29 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Frantzie

I was just thinking about Taitz’s sur-reply. I’ll go read over and read that. The Obots must be doing the same LoL!


38 posted on 10/01/2009 9:57:14 PM PDT by Red Steel
[ Post Reply | Private Reply | To 37 | View Replies]

To: Red Steel
Check it out. She blows the DOJ out of the water where they try to say the courts have no jurisdiction now in eligibility. She cites a case showing that Congress does not have the sole domain in removing a President from office.
39 posted on 10/01/2009 10:09:31 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Frantzie

Cool, look’n forward to it. :-)


40 posted on 10/01/2009 10:10:21 PM PDT by Red Steel
[ Post Reply | Private Reply | To 39 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson