TerriK INVESTIGATION, PART 2: (More from Donofrio and Hawaii)

SureFire3Big

The UIPA at 92F-3 explicitly defines “government records” as follows:

“Government record” means information maintained by an agency in written, auditory, visual, electronic, or other physical form.

When a state agency in Hawaii is faced with a request for government records, the Office of Information Practices Administrative Rules govern all responses to such a request. State agencies may not issue a response which doesn’t conform to the OIP Administrative Rules.

Agencies must answer every request for government records within the four following types of response:

1. the agency has the record and will provide it to you

2. the agency does not maintain/possess the record

3. the agency has the record but you are denied access to it

4. the agency needs more information from you to understand your request

These are examples of the four basic responses available to a state agency. For example, an agency may not tell a person that the agency refuses to say whether they possess a certain record.

This very issue was discussed in OIP Opinion Letter 97-08, wherein a staff attorney for the Corporation Counsel was faced with a UIPA request concerning a legal memo. The staff attorney refused to acknowledge whether the legal memo existed by citing attorney client privilege.

Thanks for the ping.

I read all of the comments to the linked article.

One interesting reference was to “The Cuckoo’s Egg: Tracking a Spy Through the Maze of Computer Espionage” by Cliff Stoll. A computer scientist at Lawrence Berkeley Laboratory stumbled upon a great espionage plot (West German hacker attempting to hack U.S. military computers and sell secrets to the KGB) through a 75-cent accounting error (discovered through logs of computer time use). The comparison is made: the fabric is beginning to unravel.

I hope we will soon reach this saturation point.

Front page of Indianapolis Star this morning headline says that ACORN is no longer in Indiana.... May: office in Gary closed due to "legal problems". This Week: Indianapolis employees let go thanks to the KIDS. (Have two volunteers coming from out of state to man but expect complete closure soon)

WHOO HOO! Thanks for that update. I searched Indystar and was able to read up a bit.

ACORN Has Scaled Back Indiana Operations

Good job by the state of Indiana. They need to stay on these rats because they will turn up in another Obama/SEIU front group.

Where are other Republican governors like Charlie Crist in FL? He has a Repub attorney general in Bill McCollum who is a conservative. The FL state police - FDLE is pretty good at busting corrupt politicians too. they should be all over ACORN. Ditto other states.

I hope this line of attack by Leo works.

But it is not clear to me that the OIP is going to enforce the UIPA requests. Then this can go to a court. But why should we think that a judge will even hear the case.

SCOTUS has refused to address the NBC issue directly when they know that there is real question.

Obama appears to be above the law.

The state has to. Its the law. It cannot be used as both sword and shield as Terry put it. A lawyer for a company can’t say well this other company is guilty of XYZ but I can’t release the information that proves it because of attorney client privilege, you just have to trust me on that. That sort of thing does not fly with the courts.

My reading of what Leo has posted is that the DoH should (is supposed to) provide the index data and state whether an amendment to BHO birth records exist.

He is banking on the DoH actually correctly following the procedures or being forced to do so.

I do not think Leo thinks he can get a long form birth certificate out of the DoH with this method.

There is a possibility that since the COLB has been made public that Obama lost rights to claim that data as private.

But if they go after Maya’s index data that would prove that someone born in another country could obtain a COLB from Hawaii.

Aloha Terri K,

......

Therefore, neither a birth certificate nor any information related to a birth certificate may be disclosed to a person who does not have a direct and tangible interest in it. You have not shown that you have such an interest in President Obama’s birth certificate, so we cannot disclose to you the birth certificate or any related information.

We now consider this matter closed. We do not plan to respond to further UIPA requests from you for President Obama’s birth certificate or any related information.

Janice Okubo

Sounds like the DOH is doubling down. They're going to bat for the Marxist Usurper. Leo seems optimistic that he has a case. With what Fukino and Okubo have released so far, does anyone believe they will release information on fees and DOH proceedures regarding Ogabe's vital records?