Posted on 10/14/2009 10:24:25 PM PDT by American Dream 246
Yes I can. Unlike you, however, I read everything that is in a statutue. Like most birthers, you appear to only read what you want to hear and ignore what is inconvenient. Case in point:
"An agency may withhold records (1) required to be withheld from the individual by statute or court decision"
Yes, it says records may be withheld because of a court decision. But it also says they may be withheld by statute.
But being a birther, you ignore what you don't want to hear, and so you ignore the statutue part.
And that's a shame, because in the case of Obama's brith records, it is the state privacy statutue, not a court decision, that causes them to be withheld.
And this is true of anyone's birth records, not just Obama's.
Maybe you should read that AGAIN and let it sink in ! !
Talk about projection. You are the one who needs to read it, but this time, don't read it selectively. Read the whole thing, even the part that does not conform to your preconceived notions.
You could be right about that...I did notice the “statute” comment, but since the State has been extremely unaccommodating fulfilling ANY requests re: Obama (even index data), it is a foregone conclusion that BO has had SEVERAL ‘privileged’ communications with the State, which could involve a Court Order or obviously another arrangement whereby they are prohibited from disclosing ANYTHING regarding his vital records.
Further, if you read the statute below you will see that the State is obligated to (”Must always”) release records by virtue of the fact that they made ‘information available to the public’ by Ms. Fukino’s public announcements from last year AND this year.
Agency Records that “Must Always” Be Disclosed (§92F-12)
The Legislature created a list of specific categories of records that must always be disclosed. An exception only applies where it is referred to in that list. These categories of records, in summary, are:
(15) Information collected for the purpose of making information available to the public; (end quote of 92F12-15)
Ms. Fukino’s statement was based on “vital records maintained...by the Health Department” and in issuing such a statement, she is obviously “making information available to the public” as this was a public announcement. The law couldn’t be more clear on this, but again, in direct opposition to the laws governing the right for public access to such information, multiple requests have been REPEATEDLY denied !
Does not this appear to be evidence of egregiously recalcitrant behavior on the part of the State ?
How would you explain this ?
Nice piece of misdirection journalism ... Barry was an Indonesian in 1979 when he went to Occi. His mother’s divorce pleading shows he was the legal responsibility of Lolo Soetoro in 1979 and all the way until 1980 when her divorce was granted. He was also more likely going by the name Barry Soetoro, Indonesian, when he applied to Occi. But the journmalist seems to want to misdirect readers to a fantasy claim.
Fukino & the governor have made it clear in their public statements that state law restricts public access to his (and everyone else's) birth records.
Further, if you read the statute below you will see that the State is obligated to (Must always) release records by virtue of the fact that they made information available to the public by Ms. Fukinos public announcements from last year AND this year.
I seriously doubt that that statute overrides the privacy statute. In general, and for good reason, privacy statutes trump everything else when it comes to release of information to the public.
I have a new found respect for your statements & replies.
However, I do not believe that 92F12 (15) is superseded by a privacy statement.
92F-12 (15) dogmatically states that “records...must always” be disclosed, and further, in the title statement for 92F-12, it specfically states:
“An exception only applies where it is referred to in that list.”
There is NO mention of a ANY (privacy) exemption in the list on item #15.
So, it seems to me, if what you stated was true, there wouldn’t even be a 92F-12, because the privacy statute would supersede ANY and EVERY point in the manual.
Respectfuly submitted.
I appreciate the complement.
92F-12 (15) dogmatically states that records...must always be disclosed, and further, in the title statement for 92F-12, it specfically states:An exception only applies where it is referred to in that list.
There is NO mention of a ANY (privacy) exemption in the list on item #15.
Yes, but you need to keep reading. The requirements of 92F-12 are qualified under 92F-22, which specifically limits the ability to disclose any information. Here is what it says:
§92F-22 Exemptions and limitations on individual access. An agency is not required by this part to grant an individual access to personal records, or information in such records:
...
(5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege. [L 1988, c 262, pt of §1; am L 1993, c 250, §3]
You can read the whole thing here:
http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092F/HRS_0092F-0022.htm
Since another statute prohibits disclosure of birth records to unrelated third parties, 92F-22 clearly overrides the requirement for their disclosure under 92F-12.
Indeed, it is a somewhat clinical word ...
thanks for the hat-tip STARWISE.
Lucy, Did we miss this one?
I first saw this article on another website, dated March 2009. Quoted from it several times, but now it’s gone!
Good to have another source.
Missed this one .. thanks......... ping
Must be important information since the site pests have been busy telling everyone it isn't...
PING. . .
First though, if you are eventually to take over, the moral breakdown of America is needed. Evolution the perfect vehicle. Shove that down every college educated person and soon The Bible will have to be considered a myth. Long before the global warming debacle, yes, it was the evolution debacle. Millions of Americans have been duped into believing the lie. It's all down hill for them now.
Tuesday, March 3, 2009
The Occidental Obama
http://lamecherry.blogspot.com/2009/03/occidental-obama.html
This could be the origin of the article, March 3, 2009.
Bump Dat!!!...
I think there are a lot more “lurkers” here than what is generally believed. Maybe not as much as when people goes to Drudge Report, but anyway.............!!!
There were some warnings from the State Dept. about visas, etc.!!!
How in the world is that possible when you are NOT a U.S. citizen???
Some of the DoJ (Aporn) employee are working overtime!!!
Does the Hawaii Bar Exam require going before the Character Committee, as do states like New York? Does Illinois?
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