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

Naturalborncitizen Blog ^ | 9/27-09 | Leo DonoFrio

[Danae]

TerriK INVESTIGATION, PART 2: OIP Staff Attorney Linden Joesting’s Response to TerriK’s Appeal Appears To Confirm That The DoH Maintains Amended Vital Records For President Obama.

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.

[Danae]

Yep, you are totally right. It’s bs and against the spirit of the law that governs them!

[Danae]

One thing is for sure, its fishy and smelly.

Barry is hiding that he is not a Natural Born Citizen.

[rocco55]

Red,

Maybe Leo backed down from his inital interpretation of 338-18 (d). I’ve read this several times and it “appears” that 18 (d) does stand alone as Leo indicated (?)

Here is 3 §338-18, including 18(d)

Disclosure of records. (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.

(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record:

(1) The registrant;

(2) The spouse of the registrant;

(3) A parent of the registrant;

(4) A descendant of the registrant;

(5) A person having a common ancestor with the registrant;

(6) A legal guardian of the registrant;

(7) A person or agency acting on behalf of the registrant;

(8) A personal representative of the registrant’s estate;

(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child’s natural or legal parents;

(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

(12) A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; and

(13) A person who needs a death certificate for the determination of payments under a credit insurance policy.

(c) The department may permit the use [of] the data contained in public health statistical records for research purposes only, but no identifying use thereof shall be made.

(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.

[FTJM]

I called the State of Hawaii and asked for a long form certificate for genealogy purposes and they admitted that they do make exceptions and issue them.

I haven't seen anything in the statutes that allows the State to deny any document because it isn't in electronic form. They seem to rely on a vague interpretation of this:

"(c) Copies may be made by photography, dry copy reproduction, typing, computer printout or other process approved by the director of health."

[Danae]

But count on this, they are not going to make any exceptions when it comes to the Usurper POTUS because they have been likely told there will be consequences.

[MHGinTN]

My point was that STARWISE told me to reread the material when I complained that Leo’s trust of the staff attorney was premature.

[MHGinTN]

As I understand Hawaiian statutes, if amendments have been made to a birth record, the subsequent issued CoLBs must have “Amended” on the face of them. You can do the math, Barry was legally adopted by Lolo Soetoro as evidenced by Stanley Ann’s pleading in her 1980 divorce documents, so at least one major amendment was made way back when yet Barry’s 2007 supposed CoLB from HI does not have “Amended” on the face of it.

[Red Steel]

to disclose information contained in vital statistics records

"Records" is the key here. I wouldn't back down if I was Donofrio. What we want is the database schema that describes the type of records not what the records says.

An example:

Count 3; Amendments; date of amendment change(s): Apr 23, 1964, Nov, 12, 1972; Jan 29, 1991.

Count 1 birth date
Count 0 hospital
Count 0 doctor
Count 1 witness affidavit
Count 2 remarks

[BP2]

There is more to come! :)

I agree with your assessment.

It took a week to show all of the ACORN tapes, mostly because if Fox and had been dropped all at one time, it would have been a one-time event that would have faded from the public’s memory in one news cycle.

Leo's doing a very good job explaining the complicated UIPA process. Trying to do it in ONE posting would be overwhelming to the reader, so he's trying to unwind it slowly. It helps demonstrate an A-B-C logic process too, to shut up the idiot detractors of the Left. I think he is also trying to convey a storyline as well, which helps to bring more people on board to follow a story (just like the ACORN story) that the MSM would NOT touch.

Terry has been pursuing this correspondence with the Health Dept for nearly six weeks now (others have been too under the radar). She's had to keep it somewhat silent until all avenues of information requests had been exhausted. Similar to the two young people who shot the ACORN videos, they've all been conducting a type of civilian STING operation that took time to conduct and then unwind to the American public.

Both Terry and Leo are also trying to show everyone that they are being very thorough. This is important, in that we can FULLY expect this to go to trial in Hawaii. To speed up the trial, Leo is trying demonstrate to the judge that all avenues have been exhausted.

In the end, I expect the judge to likely side with Fukino and the Lt. Gen. Joesting of Hawaii - Leo is already expecting this, too. He's getting his ducks in a row for appeal, where I think he'll find success in the Hawaii State Intermediate Court of Appeals (ICA) or the Hawaii State Supreme Court.

Be patient. Just like a good novel, there's twists and turns with the bad guy getting it in the end.

[Red Steel]

My point was that STARWISE told me to reread the material when I complained that Leo’s trust of the staff attorney was premature.

And apparently the government lawyer fell under pressure.

[Red Steel]

Here is 3 §338-18, including 18(d)

Disclosure of records. (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.

To expand on my previous post "vital statistics records" is not the data base schema that is stored in data dictionary that Donofrio is after. Sorry for all the computer terms... Hawaii is screwed so they should lose in court.

[thecodont]

Right. The “amended” part is a glaring omission.

What he probably “re-adjusted” was getting BO Sr.’s name back on.

But of course, this is pure speculation on my part.

[Plummz]

I’ve taken that position as well..

[rocco55]

Is there a source to verify that amended COLB’s are to have an “amended” stamp ? Is this in an on-line manual ? If so, I will question the Health Dept and the OIP in writing about that. Thx for the heads up.

[rocco55]

OK. Actually, the very day Fukino made her statement, I e-mailed Okubo about this very quote you submitted. My question was “How can anyone in the Health Dept make such a statement in flagrant violation of the statute (quote you sent)”.

Okubo replied with her typical “Ahoha” greeting and then instructed me to consult with my attorney !

I was also trying to verify if the Health Dept EVER issued a COLB to BO prior to 6/2008. I explained that since the COLB was posted on the internet and obtained WORLDWIDE EXPOSURE, it couldn’t possibly fall under a privacy exemption.

Again, she told me to consult with my attorney.

ARRRGGGHHHHH !!!!!!!!!!!!

[Red Steel]

Again, she told me to consult with my attorney.

ARRRGGGHHHHH !!!!!!!!!!!!.

Twice. ;^)

What other good reason does FUkino have besides to protect Obama against his lies not to release the index data that pertains to Obama In Accordance With 18(d)? Answer: none.

They are stalling; they know they are in a bind hence the lawyer talk.

[STARWISE]

Will do .. ;)

[American Constitutionalist]

" That would have been something that would have been changed on his birth certificate, his COLB as well, and listed as AMENDED on that COLB. "

Give's more credence that Obama's COLB is fake, other wise, there would have been a AMENDED note on it , yes ??

David Axselrod ? Crissy Mathews ? Kieth Olberman ? main fringe media ? how come there is no notation on Obama's COLB that it was AMENDED if you believe it's authentic ? please explain, do tell ?

[American Constitutionalist]

Remember ? if they call us birthers “ NUTS “ or “ CRAZY “ .. just remind them of a man named NOAH who has people laugh and mock him because God told him to build a ARK, but, their laughing turned into cries when the flood waters came.

[American Constitutionalist]

http://www.youtube.com/watch?v=vKESo2ofEcw