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Obama Is In Default -- Eligibility Case Will Be Heard; Where is birth certificate
Topic Started: Jul 14 2009, 07:21 PM (12,072 Views)
retiredLEO
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Funny, but where is the birth certificate is mention on this video:

http://www.youtube.com/watch?v=8NWtBhSp74I
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brittany

Hawaii 5-0

http://naturalborncitizen.wordpress.com/2009/09/21/pending-litigation-hawaii-confirms-that-obamas-vital-records-have-been-amended/#comment-11394

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).

Any legal assistance provided by me to TerriK will be pro bono. I will seek to be admitted pro hac vice in Hawaii for purposes of filing the case and conducting the trial. If such admission is not forthcoming, other counsel may be retained or TerriK may represent herself pro se. In any case, I will be drafting the pleadings. The only issue will be related to who files them and conducts the trial de novo.

While correspondence sent to TerriK confirms that President Obama’s vital records have been amended, the DoH has refused to make the documents requested available. One count of the litigation will attempt to have those documents released. The other counts concern various information denied to her which – according to Hawaii law – she is entitled to.

Before I get to the facts of the ongoing investigation in my follow up report, I will ask readers to study the UIPA manual and the UIPA statute.

Hawaii has been caught blatantly circumventing their own laws; laws specifically created to foster open government practices.

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.

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.

I will provide legal research and relevant examples of official correspondence in my follow up report and press release at this blog. TerriK has previously provided details of her investigation and correspondence with the state of Hawaii in comments to this and other blogs. She has also authorized me to speak publicly about her case and to provide the public with all relevant correspondence.

Furthermore, Hawaii officials - upon denying TerriK access to information requested – were required by statute to inform her of a right to appeal by trial de novo in Hawaii circuit court. They failed to provide such guidance to her. Section 92F-15.5(b) states:

(b)… If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a). [L 1989, c 192, §1]

The OIP failed to notify TerriK of her right to a judicial appeal. Instead, the OIP simply told her that the decision to deny access was correct and that they could not help her any further.

We will bring this litigation according to the following statute provision:

§92F-15 Judicial enforcement.

(a) A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure.

(b) In an action to compel disclosure the circuit court shall hear the matter de novo. Opinions and rulings of the office of information practices shall be admissible. The circuit court may examine the government record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld.

(c) The agency has the burden of proof to establish justification for nondisclosure.

Please take note of subsection (c) above. The burden of proof is on the agency to establish justification for nondisclosure.

With respect to information collected by Director Fukino for purposes of making her July 27, 2009 press release (and other public statements), the burden cannot be overcome since the statute demands that such information be made public.




Edited by brittany, Sep 22 2009, 07:35 AM.
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brittany

http://naturalborncitizen.wordpress.com/2009/09/20/lets-prove-obama-was-born-in-hawaii-so-we-can-move-onto-his-british-birth/


Let’s prove Obama Was Born In Hawaii So we Can Move Onto His British Birth.


Let this post be fair warning… Leo Donofrio is now interested in the birth certificate… so that we can finally prove Obama was born in Hawaii and stop the never ending circus surrounding BIGFOOT – an official long form birth certificate for President Obama.

The nation faces a crucial legal question:

How can a person who admits to having been born a British citizen – governed at birth by British law – be a natural born citizen of the United States?

This is a very serious legal question. Obama’s father was never a US citizen and was never permanently domiciled in the US. The leading Supreme Court decision in Wong Kim Ark indicates that the native born son of an alien is not natural born. There is no conspiracy theory attached to this question. Let’s state it another way:

Can a person who is at birth a dual citizen be considered a natural born citizen for purposes of meeting the Constitution’s requirements to be POTUS?

That is in no way a conspiracy theory. The US State department web site - now run by Obama – tells us that dual citizens owe allegiance to both nations and that while on the soil of the foreign nation that nation has a greater claim to the person than the US. It is certainly not trivial for US citizens to ask whether dual citizenship at birth means a person is not a “natural born citizen” of the US.

But as long as the never ending search for Bigfoot continues to obscure the real legal question, the true issue here will not only be attached to the conspiracy theory, it will be ridiculed as well.

Because of the conundrum, this blog will now also be concerned with an investigation into the vital records of President Obama as well as an intense focus upon the activities of the Hawaii Department of Health and the Hawaii Office of Information Practices. I hope to one day put these officials under oath and cross-examine them thoroughly.

I have always believed that Obama was born in Hawaii and I expect this investigation will reveal that he was. Upon proving that he was born in Hawaii, we may uncover details which indicate that Obama and Hawaii government officials purposely used the birth certificate issue to distract the nation from his British birth problems. If a smokescreen can be made clear, the nation will better comprehend the Constitutional blasphemy inherent in the 2008 POTUS election and the current White House resident.

Should our investigation prove that he wasn’t born in Hawaii, I will be very surprised, but I am certainly open to that conclusion.
I have written this post as a preview to some very interesting research – documents and letters issued by the State of Hawaii – which have not been made public yet. I will be making those public very soon as they are the product of researchers I am working with. Stay tuned. It’s going to get interesting.

Edited by brittany, Sep 22 2009, 07:40 AM.
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brittany

http://www.wnd.com/index.php?fa=PAGE.view&pageId=110654





WND also has reported on plans by Hawaii state Sen. Will Espero, a Democrat, to pursue legislation through which the state's lawmakers would force the public disclosure of all Obama's birth documents held by the Hawaii Department of Health, including Obama’s long-form original birth certificate.

Espero told WND at the time his bill is aimed at "giving citizens access to birth records" under a standard of government transparency which would permit journalists to request in writing the public disclosure of vital birth records, including long-form birth certificates of all persons born in Hawaii.

"My decision to file the legislation was primarily a result of the fuss over President Obama's birth records and the lingering questions," Espero said.

Espero told WND that he believes President Obama was born in Hawaii.

"My motivation is strictly to promote transparency," he said. "When I found out that Hawaii birth records were not available to the public my first thought was, 'Why wouldn't they be available to the public?' "As far as I am concerned, records regarding whether a person was born here or not should be in the public domain."

snip

Edited by brittany, Sep 23 2009, 07:38 AM.
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brittany

http://www.wnd.com/obama_petition

petition
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brittany

Can't confirm

“Obama has also failed/refused to release any records pertaining to school, college, and medical. Why? Was he registered as a foreign exchange student at both colleges? A retired INS agent who worked when Obama came into the United States stated he distinctly remembered Obama because of his ‘slick’ manners and speech. The agent says that he went back into the INS files and found the information and that Obama came into the USA on a FS-1 passport/visa. FS-1 is a foreign student visa clas sification, not a US citizen passport. So, who out there can get into the INS files and find Soreto/Obama’s record of entry into the USA?“

http://drorly.blogspot.com/2009/01/fs-1-foreign-student-visa-and-barack.html
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Deleted User
Deleted User

The truth will eventually come out. I suspect BHO and his comrades are betting that they can delay this "outing" until they can sew up the USA by having their people planted in every significant position of leadership, so that reactions to his foreign-born status are squelched at every level and he will reign supreme, regardless of the Constitutionality of it all.

I do think it is probably going to get more interesting... and more risky.

I think that we are going to find out whether some Democrats are more patriots than politicians. I am praying that there are still some around who understand they swore to uphold the Constitution of the United States, not the President of the United States.

Those two are NOT the same.

IMO, BHO has total disdain for the Constitution and would set it aside in a moment if he could get by with it.

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retiredLEO
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dsl
Sep 23 2009, 03:43 PM
The truth will eventually come out. I suspect BHO and his comrades are betting that they can delay this "outing" until they can sew up the USA by having their people planted in every significant position of leadership, so that reactions to his foreign-born status are squelched at every level and he will reign supreme, regardless of the Constitutionality of it all.

I do think it is probably going to get more interesting... and more risky.

I think that we are going to find out whether some Democrats are more patriots than politicians. I am praying that there are still some around who understand they swore to uphold the Constitution of the United States, not the President of the United States.

Those two are NOT the same.

IMO, BHO has total disdain for the Constitution and would set it aside in a moment if he could get by with it.

Well put, dsl, I believe he is putting everything in place to take over everything. Obama and his allies have be at this for 20 years. How can we have so many stupid Americans. I guess because the 2010 budget will contain 880 billion dollars in welfare benefits. That will probably be more then the defense budget. Welfare in, National defense out, what a deal?
Edited by retiredLEO, Sep 23 2009, 08:06 PM.
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Deleted User
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Pray that some DEMS develop some new-found patriotism. The REAL kind.
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brittany

The Obama file

Breaking! -- Hawaii Department of Health Reverses Course -- Breaking!

The Hawaii Department of Health (DoH) has reversed course and has released some Index Data to Attorney Leo Donofrio.

The Index Data released pertain to Obama, Stanley Ann Dunham and Barack Obama Sr. -- no Index Data exist for Maya Soetoro-Ngt.

Behind the scenes, Donofrio and two other members of his research team -- KingsKid and Justin Riggs -- have been issuing very specific information (UIPA) requests and last night KingsKid received a response to her UIPA request from DoH Communications Director Okubo which exhibits a complete reversal of policy.

Donofrio says the Hawaii DoH has now been forced to back pedal from a previous pattern of issuing blanket denials of access to "all information" contained in Hawaii vital records.

Donofrio's next report will analyze the legal means by which the public should gain access to Obama’s vital records which have already been made public by Obama, the Obama Campaign, and the Hawaii DoH.
snip

This is the camel's nose under the tent.
Edited by brittany, Oct 2 2009, 07:56 PM.
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genny6348
Genny6348
Let's hear it for the camel's nose! The old adage "bad things happen in 3's"? Well, it would be sweet after the Olympic fail would follow, the birth certificate fail . . . the third would be a wild card.
Just saying. :uhoh:
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brittany

Case management dates confirmed.

theobamafile

Breaking! Eligibility Trial To Proceed

Alan Keyes just received a call from Orly Taitz, his attorney in the case seeking proof of Obama’s eligibility for the Office of President of the United States. Judge Carter has release a statement declaring that the dates he set for the hearing and trial on the eligibility issue are confirmed, and it will move forward as scheduled. Apparently he was not swayed by the Obama lawyer’s arguments.

The Court Order resulting from the Oct. 5th hearing in Barnett vs. Obama, was issued today by federal judge, David O. Carter, in the Southern Division of California.

The order, reads as follows:

On September 8, 2009, the Court previously set tentative case management dates. The Court now orders those dates be made final.

Case Management dates are as follows:

Motion for Summary Judgment Hearing — December 7, 2009, at 8:30 a.m.
File Motion for Summary Judgment — November 16, 2009
Opposition to Motion for Summary Judgment — November 26, 2009
Reply to Motion for Summary Judgment — November 30, 2009
Final Pretrial Conference — January 11, 2010, at 8:30 a.m.
Jury Trial — January 26, 2010, at 8:30 a.m.


The implication of the Court’s order finalizing the dates is obvious: you do not finalize dates unless there will be a trial. And there would not be a trial, unless the Motion to Dismiss requested by the Defense (that's Obama) was in whole or in part DENIED!

Related: Meanwhile, Leo Donofrio contends that a COLB has been presented to the nation by Obama wherein his birth appears to have been filed by the DoH Registrar on August 8, 1961 could not be more public at this point.

And the DoH has given the appearance of authenticating this document. Such authentication has been relied upon by various courts and persons in the Senate and Congress. Therefore, absolutely no privacy protection is available to Obama as to this information.

Should the requested records also contain information which has not been made public and to which a privacy interest still exists, that information can be redacted.

The law supports my request. The law is rational in that way. The strange behavior by the DoH is irrational.

If the DoH has such a record they must either grant access thereto or deny access. On the other hand, if the DoH does not maintain such a record, then -- according to the OIP administrative rules, as well as the multiple statements of OIP Staff Attorney Linden Joesting -- the DoH must tell me if they do not maintain such a record.

If the DoH does not maintain such a record, then they do not maintain sufficient evidence that Barack Obama’s birth was genuinely filed by the DoH Registrar on August 8, 1961. This would bring us back to square 1.
Edited by brittany, Oct 8 2009, 07:41 AM.
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brittany

I hope this dentist turned attorney knows what theya re doing. It's an important case. Really messsed up the one with the Army Dr.
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genny6348
Genny6348
Interesting headline from East African Standard. . . mmm...mmm...mmm
Sunday June 27, 2004 Kenyan-born Obama all set for US Senate

credit to FR
Edited by genny6348, Oct 15 2009, 10:01 AM.
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brittany

genny6348
Oct 14 2009, 11:39 PM
Interesting headline from East African Standard. . . mmm...mmm...mmm
Sunday June 27, 2004 Kenyan-born Obama all set for US Senate
That's a great find.

If only Ryan had kept his pants zipped..
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