(H/T Codeezra on Twitter for posting the link)
(Author’s note: The real question is why has Barack Obama paid over a million dollars to Perkins Coie, the dem go-to law firm, to keep all of his records sealed?)
I will continue to hammer the fact that all of Barack Obama’s records are sealed and that the fire is there; not so much with the birth certificate but this report is very interesting and shows the legalise about foreign nationals obtained Hawaii BCs at the time of Obama’s birth. Make sure to go over and read the whole article. Try not to get bogged down in the legal terminology. I have highlighted the important lines.
From Western Center For Journalism:
Editors Note: In December ‘08 a retired CIA officer commissioned an investigator to look into the Barack Obama birth certificate and eligibility issue. On July 21, 2009 westernjournalism.com obtained a copy of the investigator’s report. Here is an unedited version of the report.
June 10, 2009 Report, updated July 18, 2009
The Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii
I think that I now understand the legal background to the question of where Obama was born.
Let’s begin with the statement that Dr. Chiyome Fukino, the Director of the Hawaii Department of Health released on October 31, 2008. The television and print media used this statement as a reason to prevent and treat with contempt any investigation into whether Barack Obama was not born in Hawaii. But the language of the statement was so carefully hedged and guarded that it should have had the opposite effect.
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record. Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”
It is understandable that after such an apparently definitive statement most news outlets, whether conservative or liberal, would accept this as sufficient grounds to relegate the controversy to the status of a fringe phenomenon. Unless they happened to take the trouble to look into the “state policies and procedures” as laid down by the relevant statutes. If they had done so, they would have seen that Dr. Fukino’s press release was carefully hedged and “lawyered” and practically worthless. But the media in general should not be faulted. The statement seems to roll out with such bureaucratic certainty and final authority. I believed it to be significant until a Honolulu attorney mailed me the relevant statutes. I was so surprised that I laughed out loud.
Here is a summary of Hawaii’s “state policies and procedures” in 1961.
In the State of Hawaii, back in 1961, there were four different ways to get an “original birth certificate” on record. They varied greatly in their reliability as evidence. For convenience, I’ll call them BC1, BC2, BC3, and BC4.
BC1. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
- Actual long form Certificate of Live Birth similar to one Obama refuses to release
BC2. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then all that was required was that one of the parents send in a birth certificate to be filed. The birth certificate could be filed by mail. There appears to have been no requirement for the parent to actually physically appear before “the local registrar of the district.” It would have been very easy for a relative to forge an absent parent’s signature to a form and mail it in. In addition, if a claim was made that “neither parent of the newborn child whose birth is unattended as above provided is able to prepare a birth certificate, the local registrar shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate.” (Section 57-8&9) I asked the Dept of Health what they currently ask for (in 2008) to back up a parent’s claim that a child was born in Hawaii. I was told that all they required was a proof of residence in Hawaii (e.g. a driver’s license [We know from interviews with her friends on Mercer Island in Washington State that Ann Dunham had acquired a driver’s license by the summer of 1961 at the age of 17] or telephone bill) and pre-natal (statement or report that a woman was pregnant) and post-natal (statement or report that a new-born baby has been examined) certification by a physician. On further enquiry, the employee that I spoke to informed me that the pre-natal and post-natal certifications had probably not been in force in the ‘60s. Even if they had been, there is and was no requirement for a physician or midwife to witness, state or report that the baby was born in Hawaii.
BC3. In 1961, if a person was born in Hawaii but not attended by a physician or midwife, then, up to the first birthday of the child, a “Delayed Certificate” could be filed, which required that “a summary statement of the evidence submitted in support of the acceptance for delayed filing or the alteration [of a file] shall be endorsed on the certificates”, which “evidence shall be kept in a special permanent file.” The statute provided that “the probative value of a ‘delayed’ or ‘altered’ certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.” (See Section 57- 9, 18, 19 & 20 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).”
[In other words, this form of vault birth certificate, the Delayed Certificate, required no more than a statement before a government bureaucrat by one of the parents or (the law does not seem to me clear on this) one of Barack Obama’s grandparents. If the latter is true, Ann Dunham did not have to be present for this statement or even in the country.]
BC4. If a child is born in Hawaii, for whom no physician or mid wife filed a certificate of live birth, and for whom no Delayed Certificate was filed before the first birthday, then a Certificate of Hawaiian Birth could be issued upon testimony of an adult (including the subject person [i.e. the birth child as an adult]) if the Office of the Lieutenant Governor was satisfied that a person was born in Hawaii, provided that the person had attained the age of one year. (See Section 57-40 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961.) In 1955 the “secretary of the Territory” was in charge of this procedure. In 1960 it was transferred to the Office of the Lieutenant Governor (“the lieutenant governor, or his secretary, or such other person as he may designate or appoint from his office” §338-41 [in 1961]).
- Certification of Live Birth, released by Obama
In 1982, the vital records law was amended to create a fifth kind of “original birth certificate”. Under Act 182 H.B. NO. 3016-82, “Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that the proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.” In this way “state policies and procedures” accommodate even “children born out of State” (this is the actual language of Act 182) with an “original birth certificate on record.” So it is even possible that the birth certificate referred to by Dr Fukino is of the kind specified in Act 182. This possibility cannot be dismissed because such a certificate certainly satisfies Dr Fukino’s statement that “I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.” If this is the case, Dr Fukino would have perpetrated so unusually disgusting a deception that I find it practically incredible (and I greatly doubt that anyone could be that shameless). On the other hand, if the original birth certificate is of types 2, 3, or 4, Dr Fukino’s statement would be only somewhat less deceptive and verbally tricky. I only bring up this possibility to show how cleverly hedged and “lawyered” and basically worthless Dr Fukino’s statement is.
Sections 57-8, 9, 18, 19, 20 & 40 of the Territorial Public Health Statistics Act explain why Barack Obama has refused to release the original vault birth certificate. If the original certificate were the standard BC1 type of birth certificate, he would have allowed its release and brought the controversy to a quick end. But if the original certificate is of the other kinds, then Obama would have a very good reason not to release the vault birth certificate. For if he did, then the tape recording of Obama’s Kenyan grandmother asserting that she was present at his birth in Kenya becomes far more important. As does the Kenyan ambassador’s assertion that Barack Obama was born in Kenya, as well as the sealing of all government and hospital records relevant to Obama by the Kenyan government. And the fact that though there are many witnesses to Ann Dunham’s presence on Oahu from Sept 1960 to Feb 1961, there are no witnesses to her being on Oahu from March 1961 to August 1962 when she returned from Seattle and the University of Washington. No Hawaiian physicians, nurses, or midwives have come forward with any recollection of Barack Obama’s birth.
The fact that Obama refuses to release the vault birth certificate that would instantly clear up this matter almost certainly indicates that the vault birth certificate is probably a BC2 or possibly a BC3.
It is almost certainly a BC 3 or even a BC 4 if the “Certification of Live Birth” posted on the Daily Kos blog and the fightthesmears.com website by the Obama campaign is a forgery. Ron Polarik has made what several experts claim to be a cogent case that it is a forgery. There have been a couple of attempts to refute his argument and Polarik has replied to the most extensive of them. I do not claim expertise in this area, but I think it would be best for journalists and politicians to familiarize themselves with the arguments on both sides before they casually dismiss Polarik’s position without taking the trouble to understand it.
Now, I want to see all the rest of his records and I want to know why he has paid Perkins Coie over $1 Million to keep all of his records sealed.