Hawaii DoH Official Janice Okubo Places Her Thumb Directly In The Giant’s Eye.

Natural Born Citizen Blog ^ | 9-25-2009 | Leo Donofrio

[Danae]

A report published today by the Post and Email’s John Charlton, chronicled that a citizen, having read and understood Part 1 of the Terrik investigation, requested that Hawaii Department of Health (DoH) Communications Director, Janice Okubo, forward to him “index data” pertaining to vital records of Barack Obama, citing Haw. Rev. Stat. 338-18(d). Okubo’s illegal and evasive response shows a continuing offensive pattern of misdirection:

Subject: RE: Dear Dr. Janice Okubo Date: Thu, 24 Sep 2009 09:09:29 -1000 X-MS-Has-Attach: yes X-MS-TNEF-Correlator: Thread-Topic: Dear Dr. Janice Okubo Thread-Index: Aco9LwEBdvqZvY6wQAmINB4Ua3X91gAGRdkg From: “Okubo, Janice S.” To: XXXX X-Antivirus: AVG for E-mail 8.5.409 Aloha Mr. XXXX, State law prohibits the Department of Health from disclosing any information about a Hawaii vital record unless the requestor has a direct and tangible interest in the record. This includes verification of vital records and all the information contained in a record. Direct and tangible interest is determined by HRS §338-18(b) which can be found at: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0018.htm…

This concludes our responses to your questions, no further response will be provided.

Janice Okubo Communications Office Hawaii State Department of Health 1250 Punchbowl Street Honolulu, Hawaii 96813 Phone: (808) 586-4442 Fax: (808) 586-4444 email: janice.okubo@doh.hawaii.gov

Okubo cites 338-18(b) while completely ignoring 338-18(d), which states:

(d) 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.

Index data is information. And as I pointed out in yesterday’s report, various OIP Opinion Letters state that this information must be made available to the public, no exceptions apply.

Yet, Okubo’s response tells the citizen that “State law prohibits the Department of Health from disclosing any information about a Hawaii vital record…”

That’s a direct lie.

Okubo’s continuing pattern of misdirecting citizens from appropriate statute sections is reprehensible.

It states in the UIPA Manual at page 10:

The UIPA requires agencies to disclose all “government records.” This term is defined broadly to include any information maintained by an agency that is recorded in any physical form.

So, when Okubo is asked for “index data” pertaining to vital records under 338-18(d), and she responds that state law prohibits the release of “any information” pertaining to vital records, please understand that she is lying in direct opposition to the UIPA as well as Haw. Rev. Stat. 338-18(d).

Do not despair. Okubo is employed by the DoH, but the Office of Information Practices (OIP) is a separate office which exists to police and advise the actions of other state of Hawaii agencies in their compliance with the UIPA.

Part 2 of the TerriK Investigation will document official responses to TerriK by OIP staff attorneys which appear to indicate that an ideological struggle – between the DoH and the OIP – may be in play behind the scenes in Hawaii. (I will publish on this issue no later than tomorrow, September 26, 2009.)

I believe the OIP understands that the UIPA laws are being purposely frustrated by the DoH. And the continuing misdirection by the DoH reflects poorly on the OIP who is being made to look like a rubber stamp for the DoH.

While the OIP has certainly been more helpful to TerriK than the DoH, the OIP has also granted the DoH far too much deference. One can only imagine the immense pressure involved. Regardless, the OIP is supposed to advise agencies on their public duty to release information when the law demands such information be released.

Haw. Rev. Stat. 338-18(d) is a law which demands information be released.

Okubo has not only failed to release the index data, she’s told various citizens that state law prohibits the release of “any information” regarding vital records to the general public.

The OIP must address this continuing wrongful statement. They are the authority charged with official review of Okubo’s activities with regard to the UIPA. Although the OIP has been much more forthright than the DoH, the OIP is now called upon to exercise its statutory purpose under the UIPA manual, which states at page 7:

The Hawaii State Legislature enacted the Uniform Information Practices Act (Modified) (the “UIPA”) based upon this premise that a democracy vests the people with the ultimate decision making power and government exists only to aid the people in the exercise of that power.

State of Hawaii, take notice – the people will be exercising their power. The people will be made to understand their power under the UIPA. The people will receive all information due to them under the UIPA. And the people will prevail.

Model UIPA requests, model OIP appeals and model judicial appeals are being drafted.

The state of Hawaii must know that attempts at evasion will not be successful. You have laws. The laws were written to command government.

Government will be commanded.

The public – previously a sleeping giant – is now awake. The giant is big and powerful. The government will kneel before the giant as the government is not separate to the body of the giant – the government is simply an intellectual limb extending from the body of the giant.

That limb is not a separate entity.

The giant may have suffered a bit of mental illness in thinking that the government limb was an overlord. But the giant is smiling in the mirror now as it recognizes – perhaps for the first time – that the limb is part of the giant’s anatomy.

The giant will command the DoH to issue all information due to the giant under the appropriate laws. The UIPA is such a law. As an attorney, I am very impressed with the UIPA. It’s easy to read, understand, implement and draft appeals under. Whoever drafted it was very skilled. They did the public giant justice. The UIPA was written to protect the eyes of the giant.

DoH Communications Director Okubo has placed her thumb directly in the eye of the giant. She never got the memo – “Giant is awake”.

Her thumb will be removed from the giant’s eye.

Leo C. Donofrio, Citizen Attorney, September 25, 2004.

[Danae]

Woo hoo!

[Danae]

Ping

[ckilmer]

September 25, 2004.

this date is puzzling. likely a typo.

[HeadOn]

OK, so what does this “index” information get for anybody?

[Frantzie]

Leo is a gem as is Terri K. The two are bulldogs and have busted the crooked Hawaii DoH.

Hopefully someone in the media like Beck will go after this coverup when Leo is ready with his lawsuit. Hopefully they can find a good and honest attorney in HI to assist.

[jcsjcm]

I’m breathless! Leo you are a rock and a huge part of our giant. Thank you for your legal expertise and heart!

[Nevermore]

OK, so what does this “index” information get for anybody?

One possibility: whether any real COLB, born-here-in-Hawaii, record - as opposed to one of those generic, "yeah, there is a kid named Barack Obama" certificates - was ever filed.
Another possibility, if the index includes dates, when was a birth certificate filed (e.g., days later, right after BO was born in Hawaii; or months later, after BO was brought to Hawaii?)

Bottom line: We obviously know what BO & Hawaii DOI won't tell us, but one never knows what any given data could lead to until you see what is available.

[TheCipher]

OK, so what does this “index” information get for anybody?

One simple question. Does the race of the father say African ? If the answer is no, then the online COLB is proven to be a forgery.

[Frantzie]

The fraudulent COLB was released by whom? Was it Obama’s campaign?

[TheCipher]

I don’t know who actually “released” it, but the campaign did have it up on their site, thus vouching for it.

[HeadOn]

Good points. Thanks.

[Danae]

Pretty much everything that Fukino used to make her statement.

[etraveler13]

The interesting part is that although Hawaii says they have seen the origonal, and are convinced its genuine. They have NEVER stated that what is posted is what THEY have...Hmmmm

[HighlyOpinionated]

Veritas vos Liberabit!

[so_real]

Good to see Leo back in action.

[PA-RIVER]

He sounds confident, and should.

We have a Man in the oval office being treated like a king on our dime.

The least we deserve is to see all his documents that determine his citizenship.

[thecraw]

The suspense is killing me!

[ecinkc]

Yes Fukino’s silence on whether the COLB short-form images are accurate with regard to what Hawaii has on file is blaring.

If I try to give Fukino the benefit of the doubt and imagine her trying do her best to be neutral and helpful while not releasing legally protected privacy information, then I can imagine her failing to see the importance of specifically confirming the online COLB images as accurate in her first public statement, maybe . . .

But, after several months of additional questions, complaints and renewed inquiries, surely she knew that a key question before her was whether or not the campaign image claiming to represent a legal document released from her agency was accurate, complete and/or identical in appearance to an actual document issued to Obama.

That she never addressed this point at either time, is a fact that for me casts great doubt upon her neutrality.

[ecinkc]

Can you imagine the paper shredding circus that the Hawaii Department of Health must have become by now?

I hope that isn’t the case, but if people down there have paid attention to Donofrio, it’s hard for me to imagine that there aren’t alot of off-the-record conversations and or winks and nods and other charades to make sure emails are being deleted and paperwork is departing the faclities as if a New York ticker-tape parade was coming through.

[Danae]

Actually I think exactly the opposite. I think Fukino and Akubo were threatened and basically told what to say. I think they want OUT of the whole thing. I actually believe that Fukino said exactly what she did for a reason, to make someone LOOK closer, and take her off the hook. Literally.

I do not envy her in the least. People do NOT play nice in Hawaii. Obama does not play nice. Those pulling his strings do not play nice. I think Fukino and Akubo are going to be MORE than happy to get this 5000 lb gorilla off their backs!

[Danae]

I think she was TOLD not to address it. Hawaii is using her to hide a number of things, and I don’t think she likes it a bit. I think she parsed her phrasing in both statments for a reason. To find a savior. That person might well be Terry.

[American Constitutionalist]

" that a democracy vests the people with the ultimate decision making power and government exists only to aid the people in the exercise of that power. "


A better worded way of putting it :

That a DEMOCRATIC REPUBLIC vests the people with the ultimate decision making power and government exists only to aid the people in the exercise of that power.

You hear that politicians in Washington D.C. ?

The power of authority is by the consent of the governed and government only get's it's granted authority by the consent of " THE PEOPLE " ... why can't you get that through your thick stiff necked heads ?

[American Constitutionalist]

Irony is it's fullest form.
Last year and most of this year, they have dogmatically have used that COLB that was posted online, and Hawaiian offical statements as proof that Obama was born here.
Anyone want to guess, that now ? they are going to back track on this, and say, what COLB ? that's not the COLB we once knew.

[etraveler13]

Indeed....

[STARWISE]

~~Donofrio .. PING!

[mojitojoe]

[hoosiermama]

Leo is the foot that’s going to kick the Giant’s Arse!

[aruanan]

Was Fukino or Okubo a classmate of Obama’s at that school in Hawaii or a student there at one time?

[hoosiermama]

Was Fukino or Okubo a classmate of Obama’s at that school in Hawaii or a student there at one time?

RS would know.

[seekthetruth]

“Leo you are a rock and a huge part of our giant. Thank you for your legal expertise and heart!”

I ditto that! With Leo's help the birth certificate issue will be put to rest. We may find out that Obama actually was born in Hawaii. At least then the way will be clear to bring up the REAL issue which is the fact that Obama is NOT a “natural born” US citizen which one must be to constitutionally qualify to be President. The truth will come out.

[thecodont]

I think she was TOLD not to address it. Hawaii is using her to hide a number of things, and I don’t think she likes it a bit. I think she parsed her phrasing in both statments for a reason. To find a savior. That person might well be Terry.

Yes. Exactly. That thought occurred to me when she used the term "natural born." I thought she was begging someone in the audience: "There, I've said it. Now make me PROVE IT. There are laws..."

[thecodont]

Thanks for the ping.

[Jude in WV]

Gibbs said, “we put it out there” in one of the press conferences in response to WND reporter.
Also, FactCheck report online listed quotes from Obama staffers about how they got it but the Hawaii Gov said one was requested in 2008 but not 2007 which is the date on the posted one. The report I read said the campaign got one in Mar 2008 which would match what the Governor said, but the one that showed up on Kos and Fight the Smears websites said 2007.

[ecinkc]

I don't doubt that Fukino and Okubo are under pressure from outside parties, and perhaps should have said that my concern was that the statements she issued were influenced by non-neutral political bias whether or not it was her own personal bias.

Still, based on Donofrio's TerriK Part 2 post, it's hard to imagine that these leaders were not themselves interested in keeping information suppressed.

If the will-release-nothing-further kind of statements were made under conditions of threat or blackmail as a sneaky way to encourage more snooping, I think these people would have found some outlet, if even an anonymous one, to get some key information out there to the right people that would have rendered helpful results before now.

As far as more snooping goes, I have built a long list of files, records and documents and interesting ways to refer to them that could perhaps be requested of Hawaii DoH that I think would produce some important clues as to what has been going on there. I'd love to gather input on those items and collaborate up with others to draft the ideal UIPA request letter.

I'm happy to disclose my list, but at the moment it's a 5-page Word document, so I wonder if anyone out there could point me to a good place to upload, email or discuss it so that others may benefit from or refine any of its ideas?

Anyone?

[Kevmo]

Either post it here on FR as its own thread, or if you don’t want that much attention post it on one of the 2 gigantic Certifigate threads that have thousands of posts.

[ecinkc]

Thank you for your advice. That makes sense.

Nevertheless, for fear of having oversold my less than profound work, or else simply because I'm timid, I'll post it here since this thead seems to be dying down anyway.

That way, if any of this is actually new or useful, someone can copy it or reference it elsewhere. OTOH, in the likely event that all these requests are old hat or are legally implausible, my list will be easy to ignore.

What follows, then, is my attempt at as exhaustive a list as I can imagine in terms of ways to ask for relavant details from HDoH. I am aware that it is extrememly redundant, for example in places where a specific request made at one point in the list would be more than covered by one ore more broader requests made further down in my list. I've been content to leave the redundancies intact, because I don't know the relavant statutes in detail nor do I have any experience with what types of requests tend to be most effective and least likely to offer an excuse for hiding the good stuff. This is meant to be food for thought, especially for people who have become familiar with how to make requests under the Hawaii sunshine laws.

In summary the largest part of my work is a bulleted list of topics, but I have worked to explain above and below those bullet points that I want all types of documents containing subject matter that in any way relates to those topics.

Without further ado, here are the things running around in my head . . .

---

Items requested from the Hawaii Department of Health

(hereafter referred to as HDoH)

 

Provide items created or modified or referenced from the span of time from Jan 1, 2007 until September 30, 2009:

indcluding:

Any and all calendar or schedule records, contact records, documents, dictations, recordings, transcripts and/or correspondence including intradepartmental communication and communication with external persons or entities including letters, notices, faxes, announcements, memoranda, communiqués, emails and other types of electronic communications and files that that reference the following topics or that reference meetings directly or indirectly related to the following topics

 

ESPECIALLY THESE TOPICS or SUBJECTS

·        Barrack Hussein Obama II, referenced by this name or any other name/alias/nickname

·        Family members and/or other parties being or being connected with any of the following: Barrack Obama II, Barry Soetoro, Lolo Soetoro, Madelyn Dunham, Stanley A. Dunham, Barack Obama Sr., Maya Oetoro

·        Requirements for eligibility to be elected as or to serve as President of the United States

·        The meaning of the phrase “Natural Born Citizen”

·        Inquiries, clarifications and/or recommendations made by attorneys or other individuals connected with the Obama campaign for presidency or in any way connected with elections campaigns, political parties or the 2008 Presidential election.

·        Any inquiries or communications from government officials from other departments of the state government or from the federal government regarding the content of one or more health records or the practices, policies and procedures related to their storage, duplication, confidentiality, security, fees and/or release.

·        The formation, drafting, evaluation, revision, correction, guidance, criticism, timing or approval of official public statements attributed to Dr. C. Fukino in any way related to Barrack H. Obama II (*include any and all drafts including any hand-marked hardy copies)

·        B.H.O. II COLB image posted online

·        Policies, protocol or procedures relating to commenting, confirming or reserving comment about purported Hawaii Health documents made available online

·        The meaning, interpretation and/or application of the phrase “Prima Facie Evidence”

·        The Hawaiian Homelands Program and/or any matters related to the web-based and print material verbiage used for documenting program eligibility, including but not limited to changes made in such verbiage.

·        The cessation of issuing copies of original Certificates of Live Birth or the circumstances under which such a copy may be issued

·        Evaluation of characteristics, relationships and circumstances for determining whether or not a party has direct, tangible and or otherwise sufficient interest to be issued a requested COLB or other vital records related information

·        Need for discretion in intradepartmental communication and related guidance, directives, policy alterations and/or exceptions

·        The choice of wordings: Certification of Live Birth or Certificate of Live Birth, including all matters related to the decision and procedures to begin producing computer summary birth documents labeled as “Certificate of Live Birth” instead of as previously designated “Certification of Live Birth”.

·        Images (including digital image files) purported to represent one or more Hawaii COLBs, and/or any allegations that any such image was forged, fraudulent or inaccurate.

·        The appearance, acquisition, use, recognition and/or effects of devices, features or imprints used to emboss, certify, stamp and or otherwise produce evidence of validity for documents released by the HDoH

·        The informing of contacts related to the campaign or legal representation of Barrack H. Obama II or to members of the press regarding the purpose, meaning or privacy standards of the certificate number that is printed on Hawaii COLBs

·        Information appearing on websites and in news media claiming to be quotations or representations of statements made by HDoH employees and leadership.

·        Clarifications, discussion or modifications of policies related to representing adoptions, name changes, sex changes in vital records or amending COLB information or other vital records for any reason.

·        Clarification, discussion or modifications of policies related to COLBs that represent births not originated with or filed through hospitals.

·        Clarification, discussion or modifications of policies related to representation of parental race or ethnicity on COLB and/or other vital records.

·        Clarification, discussion or modifications of policies related to COLBs that represent births in which there is a lack of specific evidence on file demonstrating that the birth occurred where and when it occurred.

·        Clarification, discussion or modifications of policies related to any challenges made that question the accuracy or validity of vital records.

·        UIPA statutes, and/or the interpretation(s) thereof

·        The OIP and/or inquiries or recommendations made through or from OIP and/or its staff, leaders, legal counsel or representatives.

·        The Hawaii Attorney General or matters related to the office and/or requests, recommendations, mandates, inquiries and/or any representative thereof.

·        The United States Attorney General or matters related to the office and/or requests, recommendations, mandates, inquiries and/or any representative thereof.

·        The Secretary of State or offices thereof, or representatives thereof or any correspondence therewith for any state in the US.

·        Orly Taitz, Andy Martin, Joseph Farrah, Bob Unruh, Leo Donofrio, Gary Kreep, Philip Berg, Alan Keyes, Bill Posey, Neil Abercrombie, Linda Lingle or Nancy Pelosi or the actions or statements thereof.

·        Hillary Clinton, John McCain or any requests made by either of them and/or their campaigns and/or their representatives.

·        Any requests made by or on behalf of the White House, the Obama Administration, the Bush Administration, the White House Press Secretary or any of the Cabinet offices and related agencies.

 

GENERALLY THESE TOPICS

·        Privacy and/or confidentiality matters

·        Legal counsel, advice, recommendations

·        The release or withholding of copies of original Certificates of Live Birth or other vital records including the electronic record based, computer printed summary forms

·        Requests made by individuals or entities for documents or information that were forwarded within HDoH to inform others or to request assistance or clarification on an appropriate response to those requests.

·        Political bias or any potential political bias of parties employed by or related to the HDoH and/or the potential ramifications thereof

·        Any perceived or actual pressure or coercion applied to HDoH decision makers or decision making processes

·        Litigation, legal actions, motions, complaints, subpoenas, liability that potentially could involve the HDoH, its records, its employees and/or its leadership

·        All personnel actions including hiring, firing, layoffs, promotions, demotions, commendations, reassignments, reprimands or demerits.

·        Document destruction

·        Document preservation/storage

·        Precautions suggested or directed in the interests of the safety of HDoH employees and related threats or other concerns to prompt any such precautions

·        Actions that could trigger potential legal liability for the HDoH, its employees or the State government of Hawaii, strategies to avoid such liability

·        Document or Information Access rights

·        Techniques or strategies for addressing requests or inquiries

·        Increased volume of inquiries and service requests, steps taken to address any such increases and related costs thereof

·        Evaluating, improving, modifying or clarifying any policies, protocols, procedures, practices or processes.

·        Penalties and/or rewards related to employee compliance or non-compliance

·        Organizational/Structural Hierarchy

·        Past/Historical Regulations and Rules for Information and Record handling

·        Press relations, press releases, release of official statements

 

Including the information on the following types of meetings related to the above topics

·        phone conferences, video conferences, computer-based interaction, and in-person discussions

·        meetings among internal staff only

·        impromptu and informal meetings

·        meetings with participants not from among the HDoH staff

·        meetings that were scheduled through unconventional means

·        HDoH related meetings not on the grounds of HDoH facilities

·        gatherings that would be considered meetings in a common, broad definition of that word and not exclusively those gatherings that are technically considered meetings by the organization

 

For each such meeting please provide all documentation, records and notes including:

·        any and all audio and/or video recordings

·        meeting agendas, or documents used in preparation

·        information disseminated in the meetings, documents or records including questionnaires

·        minutes, summaries and notes from meeting participants including printed documentation, online discussion treads and/or chat/IMS transcripts, emails and hand-written notes whether formal or informal

·        lists of those who were invited or expected to attend and those who actually were in attendance

·        Documentation of accommodations related to meeting location facilities and participant travel, lodging and meals and an accounting of line item costs for each.

·        Any PowerPoint files or other presentation related documents including websites accessed within the meetings, smart board captures or similar recorded annotations, transparencies and any large-format pages containing information prepared for, generated during or discussed in the meetings.

 

Also provide:

 

• Index information for all Birth Certificates originally filed by or through Kapi’olani Hospital or Medical Center for Women and Children with HDoH or any such agency performing the essential duties of HDoH during August of 1961.
• Index information for all vital records containing the signature of or reference to Dr. Rodney T. West

 

For the time span indicated, please provide:

• Any documents existing in hard copy or electronic form that contain additions, revisions, exceptions, corrections and/or deletions to any policies, procedures, operations or by laws related to the HDoH
• A full list of HDoH employees, service providers and contractors that were in any way employed or utilized during the specified time frame, indicating their names and contact information, and where applicable their titles, hire dates, departure dates and compensation records for compensation received during said time period.
• Any correspondence appearing on the letterhead of any law firm or attorney and/or any replies thereto.
• Guest list, visitor registration and/or and all registry pages or records of guests or visits made to any of the facilities of the HDoH including any such information that maybe contained in security logs.
• All financial statements, budget reports, spending requests, expense reimbursements and other financial documents related to the HDoH, include line item detail wherever possible
• All audit reports or findings or related documents including audits related to matters that are not strictly financial or bookkeeping related.  Include any documents referencing the decision to employ any and all external and internal auditors.
• Any court orders filed with or made upon the HDoH

 

NOTE: Should in some circumstances any of these requested items bear the presence of personal or private information that is indisputably required by law to remain confidential, redact those items on a word by word basis, striking or obscuring only those minimal components that are statutorily required to remain private.  In any case where relevant law requires that an entire item must be withheld, note each of those items individually with descriptions of the items as thoroughly as the law will allow including subject matter, dates, length, titles, document types etc. and the reason(s) for which they were withheld.  In cases where documents, files or correspondence referencing any of the above specified topics does not exist please indicate each subject/topic or item type that does not exist.  In cases where such documents were known to exist, but can no longer be located or provided please indicate specifically what happened to those documents or why they are not extant or available.

 

[Lundy_s Lane II]

I don't doubt that Fukino and Okubo are under pressure from outside parties, and perhaps should have said that my concern was that the statements she issued were influenced by non-neutral political bias whether or not it was her own personal bias.

Remember L. Q. Harris Jr. who was a witness in the passport investigation was found shot dead.

That can make a person think twice about bucking those in power.

[Lundy_s Lane II]

Looks like they have lots of paper to get rid of of to completely cover the tracks. Well it might be the cover-up that does them in.

[Lee'sGhost]

Even if all of this is 100 percent accurate Janice Okubo is just the spokesperson. Targeting her is pointless. She gets her marching orders from the state health official.

[Kevmo]

I think one way to view all this is through the prism of Chicago cash-under-the-table politics.

Why does a Harvard grad go and get a $23k/year community organizer job? Because the cash under the table is utterly significant.

Why does zer0bama engage in more fundraising after he promised not to? Because he’s been so busy paying off everyone with cash under the table that he’s broke.

Why does the Hawaii Dept. Of Health stand up for zer0bama’s BC when it’s illegal for her to represent that information? Because she gets a ton of cash under the table for doing so. So does the guvner of Hawaii, whom zer0bama wants to “keep engaged”.

Why does African Press International publish that they have a recording of Michelle Obama rather than just publish the recording? So they can shake down the Obama campaign. Why do they act like fools afterwards? So they live up to their end of the bargain after getting paid off by the cash under the table goons.

Why is there silence in Kenya about Obama’s birth place? Because Rahm Emmanual went over there and spread some Samolians around.

Why do so many judges throw out these lawsuits due to lack of standing? Because they get their cash under the table. Does that include the SCOTUS? Well, I just dunno.