Pending Litigation: Hawaii Confirms That Obama’s Vital Records Have Been Amended.

naturalborncitizen ^ | 9/21/2009 | rxsid

[Danae]

Maybe, but I think in honesty they really don’t want that. There is a LOT of Fraud in the Hawaiian welfare system.... and that is likely one of the rocks Obambi has over their heads....

[Red Steel]

Fukino and Okubo are where they are because of their own making. Donofrio is going to make this very interesting pass the popcorn. ;-)

[Danae]

You got the johnnys popcorn salt or should I bring mine?

Its going to be VERY interesting!

[rxsid]

I think Leo may have answered that in the affirmative with the previous headline & (partial) title of this thread:

"Pending Litigation"

[newfreep]

From a post on Leo's blog re: Amending a Certificate of Birth:

Who is Eligible to Apply for an Amended Certificate of Birth?

As provided by law (HRS §§338-17.7, 338-20.5), the following persons may apply for an amended certificate of birth:

* A person born in the State of Hawaii who already has a birth certificate filed with the Department of Health and

1. has become legally adopted, or
2. has undergone a sex change operation, or
3. a legal determination of the nonexistence of a parent and child relationship for a person identified as a parent on the birth certificate on file has been made, or
4. previously recorded information in relation to the person’s surname and/or the father’s personal particulars has been altered pursuant to law.

* A person born in a foreign country who has been legally adopted in the State of Hawaii.

[rxsid]

Indeed! See above: http://www.freerepublic.com/focus/bloggers/2345143/posts?page=409#409

Being born in Kenya, and then being adopted by the grandparents (& possibly the later Seotoro adoption) would fit the bill!

[newfreep]

Yep - being adopted makes the most sense especially considering we now know the records were amended.

OBOZO's socialism is killing America - not sure how much more we can take before a new revolution begins.

How much chance do we have to get the truth exposed via Leo or Orly?

[Krodg]

Wasn’t she banned here?

[usmcobra]

I have always suspected that Obama was adopted by his grandparents for a couple of reasons, first because Indonesia, would not recognize his mother’s right to her children in a divorce (Muslim laws)and secondly his mother stayed in Indonesia and they would adopt him and his sister as their guardians.

This way both Obama and his sister(who was both in Indonesia) would get Hawaiian COLB’s.

[Red Steel]

No.

http://www.freerepublic.com/~misstickly/

[STARWISE]

Interesting comments, questions and responses by Donofrio on this update:

“
da verg Says:
September 24, 2009 at 9:45 am

didn’t Andy Martin try the same case, if not, what is different?
tyvm
go Leo !
GL

[Ed. No. Nobody has accomplished anything like, but hopefully others will get to work making UIPA requests based upon this work. Also, these opinion letters have never been cited in the blogosphere. But more important, TerriK figured out that the Vital Records must include multiple entries and then she forced official responses which confirm there were amendments and/or corrections to his vital records. There is much more to come.]”

~~~

Nellie Says:
September 24, 2009 at 10:01 am

As I understand it, then, it was illegal for Fukino to publicly VERIFY the information contained in the vital documents but required for her to report what records they actually have on him – including requests to see his documents and any amendments to the documents. So she broke the law by doing what was prohibited (making public specific information in a confidential document a week before the election) and by not doing what she was required (revealing when Obama did or didn’t request his COLB or amend his documents, for instance).

Do I understand that correctly?

[Ed. Not exactly. This is not going to be answered in comments right now. Stay tuned. Of course, it’s possible she broke the law, but I don’t believe that’s what happened as to her statement of July 27, 2009. I believe she may have otherwise broken the law, but not as to that statement]

If so, this is very, very serious.

Do I also understand that the Hawaii laws basically say that anything the government makes a public statement about they have to be able to document to the public?

[ed. not exactly. any info they did collect and maintain must be made public upon a UIPA request and there are no exceptions according to the OIP opinion letters.]

So if Fukino says Obama was born in Hawaii she has to show the documentation for that statement? And if she says he is a natural-born citizen she has to show all the documents she used in determining that – including the non-redacted items on a birth certificate which show parentage and birthplace?

[ed. I believe that is absolutely correct and we are proceeding on that basis.]

If so, wow. Obama’s been hiding behind laws that don’t exist. Fukino’s been making up laws that don’t exist. There is no confidentiality for Obama’s birthplace or parentage now that Fukino has made her public statements.

[Ed. And that’s according to OIP Opinion Letter 07-07 written in 2007.]

The documents which do or don’t prove her statements are required to be public.

If I’m understanding this, it turns this whole issue upside-down. There’s no way Fukino should get out of this unscathed. All of Obama’s original documents showing his mother, father, and place of birth must be made public.

[Ed. Everything will now be turned upside down. Nellie, you seem to understand the issues. Thank you for a well reasoned comment. The whole time before was a period of researchers grasping in the dark. We’re putting some light on the Hawaii disclosure laws and I like what I see. I believe we will force the public disclosure of these documents and put this past us as we move towards the genuine legal issue of his British birth. Now that we know how to operate within the various statutes, they won’t be able to keep everything hidden. ]

http://naturalborncitizen.wordpress.com/2009/09/24/terrik-investigation-part-1-hawaii-department-of-health-directors-fukino-and-akubo-are-guilty-of-misdirection/#comments

________________________________________________

Note this: ***[Ed. No. Nobody has accomplished anything like,

but hopefully others will get to work making UIPA requests based upon this work.***

****

By”others,” does he mean the general public?

[Danae]

You betcha! The more the better.

[STARWISE]

Notable warning from Donofrio:

[Ed. SNIP. After such a wonderful previous comment. FMD (Frank Marshall Davis) is off topic here. Last warning, to everyone reading this.

If you mention that anyone other than Obama Sr was the original father, you get banned, for good. That's defamation and there are no grounds for it. I work very hard to bring you strict legal analysis. This is not a gossip column. Enough. I'm not attacking the commenter...I understand the compulsion but please dont bring it here. The rest of your comment is fine.]

[newfreep]

So if OBOZO and his half sister were adopted by his grandparents, he would still be a NBC?

If adopted, the only downside is possible public embarrassment? Or would OBOZO still be considered an Indonesian citizen and not an American NBC?

My head is spinning.....

[pissant]

Tell Leo the chances of Obama sr. being his pappy are slim to none.

[El Gato]

NEED to get ORIGINAL text of the bill to determine the controlling language in 1963.

USC only shows CURRENT law, as amended ...

If you go to the "Notes" link on the Cornell page, you get the effective date of each section and of any changes to that section. It does not appear that 1409(c) has changed since the 1952 law was passed

[rxsid]

I'm thinking it ultimately depends on who the father really is (Sr. or otherwise) and weather that person is a U.S. citizen or not (at the time of his birth). Heck, I'm not even sure folks can be 100% certain SADO is in fact his biological mother. It's all been either speculation (some better than others) or taking Barry at his word to this point because none of it's ever been verified.

Assuming he was born in HI, and both biological parents (whomever they may be/have been), were citizens at the time of his birth, there's no question he would be NBC. OK, he would then obviously be Constitutionally qualified.

However, what about the (then) fraudulent government document that was posted on his campaign web site? That is, the one that doesn't indicate his original record(s) was amended (due to adoption)? Would that not constitute fraud? Defacing a government doc? Perhaps wire fraud? Election fraud? Some kind of interstate fraud? Etc, etc.

Think of all the members of Congress, idiots in the SRM (State Run Media) and even judges...who have RELIED on THAT document as their proof Barry is eligible! WOW!!

I don't think, even the majority of the spineless members of Congress could ignore that. Especially since the 2010 election cycle is fast approaching. In this scenario, all by the most ardent kool aid drinkers in not only the media, but also in Congress would be calling for him to resign (a' la Nixon).

[BP2]

If Obama's birth records are AMENDED...

In reviewing various sections of Hawaiian Law, I think the chances are good that the Health Department may NOT actually possess Obama's ORIGINAL birth certificate and/or any subsequent name changes (due to Adoption, name change or other reason). THOSE portions of the paper trail may be under Court Seal, and in the hands of the Hawaii Family Court System.

Remember that missing page from the 1964 Obama divorce (page 11)?

Remember how the 1980 Soetoro divorce NEVER makes DIRECT MENTION of Barack Obama by name (un-numbered pages with mention of Maya's name only who retained her biological father's name of Soetoro)?

BOTH of the courts that handled the 1964 Obama divorce and the 1980 Soetoro divorce fall under the Hawaii Family Court system.

Any reference to an Adoption, and/or a name change, would be SEALED, in part or whole, by the Family Court Clerk. To "protect the innocence of a child," any evidence of a name change or Adoption is SEALED — the parent(s) are to decide IF and WHEN to tell the child of the event(s) in their own way.

Furthermore, if there's an Adoption or name change, the birth records MUST be AMENDED (Hawaii Att. Gen. Op. 84-14)... BUT ... such notation would NOT appear on a Certification because of Privacy and Court Secrecy.

—MY hunch is that any indication of such a court action would be recorded in the Dept of Health birth records indexes, but only in abbreviated format — the full record(s) of such Court Orders would be sealed and remain in the possession of the Hawaii Family Courts.—

Here are the rules for Adoption, which are the same regarding a Family Court hearing for the name change of a child in Hawaii:

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0578/HRS_0578-0015.htm

§578-15 Secrecy of proceedings and records. (a) The records in adoption proceedings, after the petition is filed and prior to the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director's agent, or by any proper person on a showing of good cause therefor, upon order of the court. Except in the case of an individual being adopted by a person married to the legal father or mother of the individual or unless authorized by the court, no petition for adoption shall set forth the name of the individual sought to be adopted or the name of either of the parents of the individual; provided that the legal name of the individual and the name of each of the individual's legal parents may be added to the petition by amendment during the course of the hearing thereof and shall be included in the decree. The hearing of the petition shall be in chambers and shall not be open to the public.

(b) Upon the entry of the decree, or upon the later effective date of the decree, or upon the dismissal or discontinuance or other final disposition of the petition, the clerk of the court shall seal all records in the proceedings; provided that upon the written request of the petitioner or petitioners, the court may waive the requirement that the records be sealed.

THIS from HAWAI'I FAMILY COURT RULES:

http://hawaii.gov/jud/ctrules/hfcr.pdf

Rule 79. CONFIDENTIALITY OF RECORDS.

Unless otherwise provided by statute*, all requests for information contained in a confidential record shall be made in writing and shall include the reason for the request. (Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000.)

[ * note: TerriK's discovery of the UIPA Statute may provide just such a "loophole" in the Family Hawaii Court rules if records exist there — UIPA State Statute should trump Court rules ]

...
Rule 81. APPLICABILITY.

(a) Generally. Part A of these rules, together with the designated supplements, shall apply to the following proceedings in any family court:
...
(14) Any other civil cases over which the family court has jurisdiction.
...
(b) Juvenile cases. Proceedings under HRS sections 571-11(1) and 571-11(2) shall be governed by Part D (Rules 121 to 158).

[MHGinTN]

Okay, but upon what documents in vital records could Fukino have reached the conclusion that Obama is a natural born citizen then? ... Leo is seeking to have such documentation revealed as TerriK had a legal right to them once Fukino made her public declaration. Aside fromt he fact that Fukino is wholy unqualified to make such a ruling, upon what documentation could she have made such a statement?

[MHGinTN]

Additionally, could Obama have applied for and made amendment to his vital records, to change his legal name from Barry Soetoro to Barack Hussein Obama in 1988 if his vital records are held by the family court system under seal?