Non-certified HI COLB’s are discloseable to anybody who asks to see, according to the HDOH Administrative Rules that Fukino illegally hid until a year after the election.
And now that Fukino has made a public statement about what is on Obama’s “vital records”, anything she based that statement on is required to be disclosed to anybody who asks to see. So at this point everything they have in that office for Obama is required to be disclosed to whoever asks for it.
The only reason Lakin even had to go through this rigamarole trying to see the documentation is because the HDOH is a bunch of lawless thugs who refuse to obey the laws.
The only people I could possibly see as more scummy than Obama in all this treatment of Lakin are the people at the HDOH. But it’s probably a pretty close call. Obama probably threatened them so maybe they thought they had no other choice.
Just like Lakin thought he had no other choice. Sigh. What a difference it makes when the people who threaten you are crooks who will cover for you, versus when it’s just you and your conscience in full view and shooting distance of anybody who wants to take a potshot.
The “seal” on the Factcheck COLB does not match what the HDOH just recently disclosed in response to a UIPA request for the departmental seal. And the HDOH only disclosed that after pressured with a deadline by the Office of Information Practices.
You and I had an email exchange about this in the past. If anyone didn't follow all details of this, they might think it's cut and dried and they would get the wrong impression from your assertions.
The reality is that the Hawaiian HDOH rules are a mess (and certainly the HDOH bears the responsibility for that). You cited a 1955 document that has handwritten cross outs and handwritten notations.
A much later statute, HRS338-18(a) specifically contradicts the "you can have a noncertified copy" portion of the 1955 rules, by mandating what is protected. HRS338-18(a) forbids anyone "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."
So the legal question for the lawyers around would be whether the "as authorized by this part" supercedes the "by rules adopted" in the 1955 document. I would say that is nowhere as definitive as you make it sound that Hawaii DOH is obliged to release a noncertified copy.