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To: x
Thanks for posting the image of the Letter of "Verification." It's important to read what Alvin T. Onaka Ph.D. wrote and compare it to what AZ SOS Bennett requested. First off, Onaka writes "Pursuant to Hawaii Revised Statutes §338-14.3" ... this statute says that the "department of health, upon request, shall furnish to any applicant, in lieu of the issuance of a certified copy, a verification of the existence of a certificate and any other information that the applicant provides to be verified relating to the vital event that pertains to the certificate." This means the DOH must verify the information that can be verified ... and they will not verify information that they cannot verify. This is key, because the DOH did NOT verify ALL of the information that was provided by Bennett.

Further, the statute says, "A verification shall be considered for all purposes certification that the vital event did occur and that the facts of the event are as stated by the applicant." If there are "facts" stated by the applicant in a request for a letter of verification that the DOH does NOT verify, then those facts are not and cannot be certified.

First, Bennett sent to the DOH its own standard birth-record request form. That form contains information including the date of birth, names of the parents and place of birth. Onaka did not verify any of the information on this form with the possible exception of place of birth, but there are problems with the wording on item No. 1. First, it refers to a "birth certificate." At the bottom of the letter, Onaka uses the terms "additionally" and "Certificate of Live Birth," which would indicate that the former document is not the same as the latter document. The last statement, if it were comprehensive to Bennett's request, should actually be sufficient as a verification of ALL the facts. IOW, the comment about the COLB at the end is redundant UNLESS it is referring to a separate document with no known legal value. Again, Onaka says he is verifying "pursuant" to the statutes.

Second, Bennett asked if the attached PDF was a true and accurate copy of the original birth record on file. Onaka does NOT verify this information. Instead, he says that the information in the PDF "matches" the "original record" in the files, which has no specific legal meaning. Part of Onaka's job (and/or his predecessors) is to certify birth records as "true" or "correct" or "accurate." He did not do this. Likewise, several months later, KS SOS Kobach recognized that this verification was inconclusive, so he requested his own letter of verification asking specifically if the Obama PDF was "identical" to original record on file. Again, "pursuant" to the statutes, Onaka must verify this information. But, in his reply to Kobach, he did NOT say the record was identical. His failure to do so means that the PDF is NOT identical and is NOT a true, correct or accurate copy of the birth record.

Something else that's important to note is that the DOH website on Obama points to specific departmental rules that include rules regarding foreign-born children who are adopted in Hawaii. IOW, they seem to be indicating that Obama was foreign-born and that he was adopted, which starts to explain why his PDF cannot be completely verified, and is therefore is legally invalid.

30 posted on 12/30/2012 9:52:33 PM PST by edge919
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To: edge919
It looks like you are quibbling with the language. If Onaka "verifies" a list of 12 items, specifying that a birth certificate exists with a certain name and place of birth and continuing to list 11 other items, many people would assume that Onaka was "verifying" that all of those items were on the birth certificate.

Of course, it could be a tricky ploy: some or all of those 11 items might not actually be on the birth certificate and Onaka's language might be a clever legal way of appearing to verify that they are without actually doing so.

But it could also be just his way of doing things. Understand that there would be one way of referring to items on the usual "short form" computer generated document and another way, less used today, of referring to items on the original certificate and any xerox or PDF produced from them.

Onaka's language may just reflect the awkward and unusual nature of the situation, rather than any intent to deceive. Any way to convey his meaning in language would probably come into question if you go over it with a fine-toothed comb.

Or there may be some legal or bureaucratic desire to cover himself from legal challenges without intent to defraud, which results in a clumsy phrasing. Or the truth may be somewhere in between, the information verified being correct, but something else concealed.

You could be right, but the chance that you are is less than they were years ago when this whole thing started. Enthusiasm for minute scrutiny of documents has declined over the years. For one thing, a lot of the comments about the document released being an "obvious forgery" just don't hold up.

People who didn't know anything about typewriters or fountain pens and the marks they leave behind, people who couldn't see how an image of a document bound in a book would be curved, people who couldn't even draw a straight line for Pete's sake, were claiming that they could easily see how the pdf was faked, and this has really hurt the credibility of the charges -- at least with me.

31 posted on 12/31/2012 9:54:09 AM PST by x
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