Ltr Soh 12 04 09
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December 6, 2009 Governor Linda Lingle Constituent Services State Capitol, Room 415 Honolulu, HI 96813
Lt. Governor James Aiona Constituent Services State Capitol, Room 415 Honolulu, HI 96813
Ombudsman Robin K. Matsunaga
465 South King Street, 4th Floor Honolulu, HI 96813
From:, Re: Uniform Information Practices Act – President Obama
Dear Esteemed Officials of the State of Hawaii, As I am quite certain you are aware of, there is great concern as to whether President Obama is eligible to serve as President in accordance with Article II, Section 1, Clause 5 of the U.S. Constitution. Other than the photographs of President Obama’s Certification of Live Birth (COLB) on Factcheck.org, no compelling evidence has been proffered by President Obama and/or his representatives and nor has the COLB been authenticated by the Department of Health (DoH) or forensic experts. The Democratic National Committee, members of Congress, and the courts have relied on the online COLB and the Department of Health press releases dated October 31, 2008 and July 27, 2009, as Obama’s “gold standard” of eligibility, never requesting or requiring the underlying evidence such as the original birth certificate. There has been unprecedented number of requests for government records the DoH upon request is required to disclose in accordance with various Hawaii Revised Statutes and the Uniformed Information Practices Act. To date, the DoH has only released its general rules and regulations defined in Chapter 8, 8A and 8B of the Hawaii Public Health Regulations and a limited amount of vital event index data for President Obama. Appeals to the Office of Information Practices to obtain DoH records have gone nowhere. Under the UIPA, “…the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy—the discussions, deliberations, decisions, and action of government agencies—shall be conducted as openly as possible. In the name of an open and transparent government accountable to the people it serves, the State of Hawaii and the DoH should and must be compelled to release the following information: •
The administrative rule or regulation that governs the Department of Health’s handling of vital records. HRS 91-2 states: “(a) In addition to other rulemaking requirements imposed by law, each agency shall: (3) Make
Page 1
available for public inspection all rules and written statements of policy or interpretation formulated, adopted, or used by the agency in the discharge of its functions.” The DoH administrative rules and regulations do not explicitly define the difference between a certification of live birth that is “filed” with the Registrar and one that “accepted” by the Registrar. The DoH has refused to release any information thus far regarding the difference between “filed” and “accepted.” •
A Statement of Verification that President Obama’s Certification of Live Birth posted online at Factcheck.org is a genuine DoH certified abstract of his original birth record. To date, the DoH has neither officially confirmed nor denied this is a legitimate and legal COLB.
•
All vital record index data for Barack Hussein Obama II, Barack Hussein Obama (father), Stanley Ann Dunham, Lolo Soetoro, and any other legal name used by the aforementioned individuals, such as Stanley Ann Obama or Stanley Ann Soetoro. HRS 338-18 (d) states: Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.
•
The vital record index data associated with 151 1961 010641 to confirm the index data is indeed that of President Obama’s. The number provided is the record identifier contained within the certification of live birth posted on Factcheck.org. According to the statement made by Factcheck on August 21, 2008, the certification of live birth was examined and photographed by its representatives at then Senator Obama’s campaign headquarters located in Chicago, IL.
•
The information including the attorney-client communications between the Attorney General and the DoH that was the definitive and legal basis of the public statement made by Director Dr. Chiyome Fukino on July 27th, 2009 that “Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen.” Communications Director Okubo released a portion of the communication when she informed a concerned citizen that the AG “approved the statement.” According to the Hawaii Office of Information Practices (OIP) Opinion Letter 91-23, an agency cannot selectively withhold attorney-client communications if a portion or summary of the communication is disclosed to the public. Furthermore, In addition to the OIP Opinion Letter, HRS 92F -12 (a) (15) states: 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
Page 2
When Senator McCain’s eligibility was scrutinized due to his birthplace, he promptly provided his original birth certificate. The State of Hawaii bears at least some responsibility to disclose what is legally permissible in order to clear this matter up once and for all. Any other action taken by the State of Hawaii implies that there are secret laws in play which are the antithesis of a free and open society. Regards,
Page 3
Lt. Governor James Aiona Constituent Services State Capitol, Room 415 Honolulu, HI 96813
Ombudsman Robin K. Matsunaga
465 South King Street, 4th Floor Honolulu, HI 96813
From:
Dear Esteemed Officials of the State of Hawaii, As I am quite certain you are aware of, there is great concern as to whether President Obama is eligible to serve as President in accordance with Article II, Section 1, Clause 5 of the U.S. Constitution. Other than the photographs of President Obama’s Certification of Live Birth (COLB) on Factcheck.org, no compelling evidence has been proffered by President Obama and/or his representatives and nor has the COLB been authenticated by the Department of Health (DoH) or forensic experts. The Democratic National Committee, members of Congress, and the courts have relied on the online COLB and the Department of Health press releases dated October 31, 2008 and July 27, 2009, as Obama’s “gold standard” of eligibility, never requesting or requiring the underlying evidence such as the original birth certificate. There has been unprecedented number of requests for government records the DoH upon request is required to disclose in accordance with various Hawaii Revised Statutes and the Uniformed Information Practices Act. To date, the DoH has only released its general rules and regulations defined in Chapter 8, 8A and 8B of the Hawaii Public Health Regulations and a limited amount of vital event index data for President Obama. Appeals to the Office of Information Practices to obtain DoH records have gone nowhere. Under the UIPA, “…the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy—the discussions, deliberations, decisions, and action of government agencies—shall be conducted as openly as possible. In the name of an open and transparent government accountable to the people it serves, the State of Hawaii and the DoH should and must be compelled to release the following information: •
The administrative rule or regulation that governs the Department of Health’s handling of vital records. HRS 91-2 states: “(a) In addition to other rulemaking requirements imposed by law, each agency shall: (3) Make
Page 1
available for public inspection all rules and written statements of policy or interpretation formulated, adopted, or used by the agency in the discharge of its functions.” The DoH administrative rules and regulations do not explicitly define the difference between a certification of live birth that is “filed” with the Registrar and one that “accepted” by the Registrar. The DoH has refused to release any information thus far regarding the difference between “filed” and “accepted.” •
A Statement of Verification that President Obama’s Certification of Live Birth posted online at Factcheck.org is a genuine DoH certified abstract of his original birth record. To date, the DoH has neither officially confirmed nor denied this is a legitimate and legal COLB.
•
All vital record index data for Barack Hussein Obama II, Barack Hussein Obama (father), Stanley Ann Dunham, Lolo Soetoro, and any other legal name used by the aforementioned individuals, such as Stanley Ann Obama or Stanley Ann Soetoro. HRS 338-18 (d) states: Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.
•
The vital record index data associated with 151 1961 010641 to confirm the index data is indeed that of President Obama’s. The number provided is the record identifier contained within the certification of live birth posted on Factcheck.org. According to the statement made by Factcheck on August 21, 2008, the certification of live birth was examined and photographed by its representatives at then Senator Obama’s campaign headquarters located in Chicago, IL.
•
The information including the attorney-client communications between the Attorney General and the DoH that was the definitive and legal basis of the public statement made by Director Dr. Chiyome Fukino on July 27th, 2009 that “Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen.” Communications Director Okubo released a portion of the communication when she informed a concerned citizen that the AG “approved the statement.” According to the Hawaii Office of Information Practices (OIP) Opinion Letter 91-23, an agency cannot selectively withhold attorney-client communications if a portion or summary of the communication is disclosed to the public. Furthermore, In addition to the OIP Opinion Letter, HRS 92F -12 (a) (15) states: 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
Page 2
When Senator McCain’s eligibility was scrutinized due to his birthplace, he promptly provided his original birth certificate. The State of Hawaii bears at least some responsibility to disclose what is legally permissible in order to clear this matter up once and for all. Any other action taken by the State of Hawaii implies that there are secret laws in play which are the antithesis of a free and open society. Regards,
Page 3
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