Up-to-Date Reporting on Barnett vs. Obama from Santa Ana Federal Courthouse

Give Us Liberty ^ | October 5, 2009

[Deepest End]

10:12 am pst

A commenter has asked if the case has been thrown out, I have NOT heard from Gary so the information can not be verified as accurate. Remember Obots like to play on the blogs

(snip)

[Fractal Trader]

Not a lawyer here, but I heard that standing is a “doctrine” which was invented by the Supreme Court in the 1920s. It is not referred to in the Constitution and it is not defined via statute. Is this correct?

[unspun]

TerriK INVESTIGATION: Foreshadowing foreshadowing [Please review the following email exchange between TerriK and DoH Communications Director Janice Okubo. This exchange foreshadowed the UIPA requests. I was going to work this into Part 3, but it deserves its own headline. Those making compilations of the TerriK Investigation Report should insert the following post directly before Part 1. I am still preparing Part 3 of the report.] FORESHADOWING The timing of Hawaii Department of Health Director Chiyome Fukino’s July 27, 2009 Press Release appears suspiciously related to TerriK’s initial questioning of DoH Communications Director Janice Okubo – commenced earlier that day at 7:20 AM EDT (1:20 AM in Hawaii) – many hours before the infamous press release by Fukino was made public. TerriK was initially interested in the question of whether President Obama’s birth record might reflect that he possessed an amended birth certificate. She had taken notice that provisions of law in Hawaii enabled one to obtain an original “amended birth certificate” even if one was born in a foreign country. TerriK had not yet been exposed to the the UIPA or the second press release which mentioned “vital records” (plural), and so she had not yet made the assumption – for the purpose of making a specific UIPA request – that Obama’s vital records had been amended. The following email was simply intended to determine whether DoH officials could provide information as to any amendments that might have been recorded. Later, after analyzing Fukino’s second press release, TerriK assumed such records did exist. But the following email predates that assumption: From: [TerriK - real name and email redacted] Date: July 27, 2009 7:20:20 AM EDT To: janice.okubo@doh.hawaii.gov Subject: Your help is appreciated. Dear Ms. Okubo, Can the State of Hawaii verify that they have the Amended (Original) birth record for President Barack Obama on file in accordance with state policies, whether digital, paper or otherwise? Thank you and I apologize for your trouble in asking–I can’t imagine how this issue must be overwhelming you. You have been extremely patient and professional from what I can discern. But, I feel the best thing for me, is just to ask you guys myself. Thank you again… Here was Okubo’s non-responsive reply: From: “Okubo, Janice S.” Date: July 27, 2009 5:45:53 PM EDT To: [TerriK - real name redacted] Subject: RE: Your help is appreciated. Aloha [TerriK] , Attached is the statement issued by the state last year in the Fall. 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 The original Press Release from October 31, 2008 was attached. You can see from the time stamp above, this email was sent by Okubo at 5:45 PM EDT (11:45 AM in Hawaii). The second Fukino press release – wherein she unequivocally stated that she had seen records on file with the DoH proving Obama was born in Hawaii and that he was a “natural-born American citizen” – wouldn’t be released until later that evening. And nobody had a clue it was coming. I don’t believe Fukino knew she would be making a second press release that day. Otherwise, Okubo’s initial response might have been delayed until they were ready to make it public. It appears that something happened to force their hand. At 9:00 PM EDT (3:00 PM in Hawaii), TerriK sent the following email to Okubo: From [TerriK - real name redacted] Date: July 27, 2009 9:00:29 PM EDT To: “Okubo, Janice S.” Date: July 27, 2009 11:45:54 PM EDT To: [TerriK - real name redacted] Subject: RE: Your help is appreciated. Attached is the statement issued today by the Hawaii State Director of Health. The director has never used the term “AMMENDED” (sic) in any of her issued statements regarding this issue. Attached to this email was the actual press release issued by DoH Director Fukino on July 27th. TerriK was completely shocked at the incredible dual statements laid before her on official DoH letterhead: “I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.” She received it at 11:45PM EDT on July 27, 2009 and then stayed up all night posting her story in comments to the Texas Darlin blog. That blog is no longer active and no archive apparently remains. The next day she hit the web hard telling people about the DoH emails and attachments. You can see examples of this frenzy at Free Republic (posted as Miss Tickly). Unfortunately, even a week later people were trying to make her look bad and disputing the veracity of her claims. Specifically, Ron Polarik disputed that a digital copy of the press release was in TerriK’s possession or even that one existed. Here is a comment he left on August 4, 2009 at Free Republic: To:MissTickly… There was NO PRESS RELEASE. It was a direct statement made to Dan Nagaso of the Honolulu Advertiser. An “electronic press release? You mean, like an email that nobosy (sic) else has seen except you? 51 posted on Tuesday, August 04, 2009 2:38:36 PM by Polarik There was confusion on this issue because it took the Hawaii DoH a long time to post a copy of the July 27th press release online. A We The People USA blog post documents that at 1:46 PM on July 28th, no copy of the July 27th press release was available at the Hawaii DoH web site. If you put the digital copy of the Press Release sent to TerriK by Okubo side by side with the Press Release that exists now on the DoH website, you will see one slight difference – the word “more” at the bottom of TerriK’s copy. Looking back retrospectively, TerriK’s questions submitted to Okubo early in the morning on July 27th appear to have been the catalyst for the notorious press release later that evening. Was this a knee jerk reaction to a line of questioning which – if explored in light of the UIPA – had the potential to force the release of President Obama’s vital records? It certainly appears logical, but I can’t answer that question conclusively. However, I do feel very confident that the laws in Hawaii – UIPA, Haw. Rev. Stat. 338-18(d), OIP opinion letters and case law – will force the release of vital records and all other information consulted for the public statements made by DoH Director Fukino. Comprehensive legal analysis of those laws will be posted in Part 3 of the TerriK Investigation Report. by Leo C. Donofrio, Citizen Attorney http://naturalborncitizen.wordpress.com

[El Gato]

Not a lawyer here, but I heard that standing is a “doctrine” which was invented by the Supreme Court in the 1920s. It is not referred to in the Constitution and it is not defined via statute. Is this correct?

There's always been standing in civil cases. However the notion that mere voters or citizens do not have standing to contest the Constitutionality of laws or government actions is fairly knew.

Here's an article Substantial Interest: Standing from law.oncle.com.

[El Gato]

Oh Good Grief! is fairly knew new.

[STARWISE]

Oh goodness .. that’s unreadable.
Can you please repost with formatting .. ;)

[unspun]

Star, either in a rush, I had something I didn’t want in my clipboard or another oddity.

I meant just just post a reminder about tonight’s “Awakening” with Leo D. Oh, well.

I’ll post a couple notes in my own threads that remind folks that it’s archived. There was actually some big news — aA massive petition campaign for Quo Warranto.

I’ll be writing about it in I.O.