Obama’s Birth Certificate: Which One Is It?

(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:

Clearing the Smoke on Obama’s Eligibility: An Intelligence Investigator’s June 10 Report

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 Birth Certificate similar to one Obama refuses to release
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
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.


By Logistics Monster

49 Comments

  • Here’s Obama’s dilemma in a nutshell (READ VERY CAREFULLY AND DIGEST):

    If BHO shows his original long form birth certificate, indeed showing he was born in Hawaii, it will also show his father was American citizen, Frank Marshall Davis, not the Kenyan/British citizen, Barack Obama Sr. While that would allow Barack Jr. to be POTUS eligible as BOTH a “citizen”/“native born citizen” AND an Article 2 “natural born citizen” — that is, born to two American citizens on American soil — it would simultaneously show he is a fraud hiding his real father — an unacceptable political debacle.

    If, on the other hand, BHO keeps hiding his original long form birth certificate — while simply repeating, without showing, he was born in Hawaii — he can still CLAIM BOTH he was born in Hawaii AND his father was the Kenyan/British Barack Obama Sr. This would enable Barack Jr. to claim he’s a “citizen”/“native born citizen” but it would mean (if a federal court would ever get around to declaring and thus far no one has standing to bring the suit) that he’s NOT an Article 2 “natural born citizen” and thus not eligible to be POTUS — a legal/constitutional debacle since all acts under an illegal POTUS are void.

    So it seems, BHO has elected option one until forced to go option two because for now it looks like no federal court will ever find a plaintiff with standing. (Of course, there’s the additional issue of BHO losing American citizen status if/when he became an Indonesian citizen — that is, IF he returned and was naturalized he would be a legal citizen, but would lose both native and natural born status, and, IF he returned and was not naturalized, he would be an illegal immigrant unlawfully in this country — but we’ll leave that for another day.)

  • Jack – that is why I want to see the rest of his records. I believe that he lost his citizenship when he was adopted by his indonesian step-father and all his college records would reflect that. That is why everything is sealed.

  • Gary Lewis -

    Diamond… check me here… I want to make sure I am reading this right.

    The “BC” that Obama had on his site, the one the media keeps showing, and the one the Annenburg photos show, appears to be of the BC4 variety. But, the BC5 variety would also be on that same form.

    So… Obama’s minions, from their point of view, keep saying he was born in Hawaii… meaning that from the State of Hawaii’s legal documentation perspective, he has documentation that says he was born in Hawaii.

    However, that documentation doesn’t necessarily mean that he was born (“naturally-born”) at that location, based on Hawaii law at the time. In other words, the State of Hawaii can say he was born there through their documentation laws, but that doesn’t mean that meets the U.S. Constitutional criteria.

    Have I interpreted this correctly?

    The other thing I wonder about is… who was the Lt. Gov. of Hawaii during this time period and what connections did he have (if any) to Obama’s parents, grandparents, and/or Frank Marshall Davis?

  • Gary – there are ALOT of twists and turns on this including how long Ann Dunham was an “adult” before she was able to convey american citizenship – but back to your point. The Certificate Of Live Birth that Barack Obama had up is just that – he was born alive. It is also the document given when “somebody phones the birth in.” Understand now – he is not a naturally born American citizen and if he, by some frakkin’ miracle was, he lost his citizenship when he became an indonesian citizen at his adoption. Indonesia does not recognize dual citizenship. Barack traveled to Pakistan at a time when Americans were banned – so what passport did he use? An indonesian one? Probably – and that is why his passport was lifted from the Passport Office and then Clinton’s and McCain’s to cover it and then the star witness who had a contact inside the State Dept. who helped him lift the passport ends up dead in his car after he says he will cooperate. His name was Lt. Quarles Harris, Jr. Alot of people die around Barack Obama – funny that – just saying.

  • Jack, you’re spot on there–it’s Check and Checkmate no matter how one skins it. The fact is that, every way one looks at it, this man is a fraud, liar, usurper, poseur and to top it all off, an ILLEGAL ALIEN. He is here illegally. If there were naturalization papers to prove he was a naturalized citizen he would not be eligible to be POTUS, of course, so they didn’t bother going through with that *little* detail either. The reason they hid all the school records is that they all show that he was a foreign national going to school here, just as his father was.

    Sigh. It is a sad day indeed to see such treachery come to pass in our own America.

  • Given that the state supplied the Hon Advertiser with the birth announcement right away (aug13,1961, it would seem to me that it would have to be bc1 or bc2. (unless the other theory about someone changing the newspaper announcement is correct)

    We must press on until we can get a judge to order the release of the long form. (should REALLY be something watching the spectacle of the potus sending reams of lawyers to court to keep his bc secret after a judge has ordered it to be produced)

    If the supreme court has to decide on the alternative theories about nat born cit, how will that play out. Something tells me we’ll have a tough time getting five votes saying that the 14 ammendmant version is wrong and ours is right. (even though ours IS right)

  • I am going to say it again: FORGET THE BC! Show all the rest of the records especially Occidental which will probably show that he is a foreign national.

  • Gary Lewis -

    Diamond, Jack… I have seen the Indonesian and Frank Marshall Davis references on other sites.

    But, according the the BC5 scenario, he could have had his white grandmother vouch for him through some rather dubious documentation, prior to him entering political life, to obtain that kind of document. Interesting that she is now gone just prior to the election.

    The school records are indeed key to the Indonesian thing… all sealed. I thought I read somewhere that his scholarships were from overseas origin. And yes, Diamond, it is interesting… another person dead on that trail.

    And the Frank Marshall Davis angle is very interesting. I saw some of the side-by-side photo comparisons. Obama does look more like Davis than Obama Sr.

    In any event… I think the WH and the MSM are trying to shut this down, because they know people are getting close.

  • smrstrauss -

    The officials in Hawaii have repeatedly said that the birth certificate in the file is an ORIGINAL birth certificate. Not a delayed birth certificate. Not a certificate of Hawaiian birth. Not a foreign birth certificate, which could not be filed in 1961 in Hawaii in any case. That was not allowed until 1982.

    Moreover, both delayed and Hawaii birth certificates require a delay. But we know from the date of issue of the birth certificate, four days after Obama’s birth (which was the normal time for paperwork, sometimes it was longer) that there was no delay. And we know from the notices that appeared in the Hawaiian newspapers on the weekend after his birth that there was no delay.

    The notices in the newspapers were not advertisements. They were standard notices sent out by the Department of Vital Records in Hawaii to the major newspapers of Hawaii (notice that they all follow the same standard format). Since Hawaii sent out the notices for births IN Hawaii and not for notices of births outside of Hawaii, this also is proof of birth in Hawaii.

    And there is confirming proof in the form of this witness: http://www.buffalonews.com/494/story/554495.html

    Re: “Occidental which will probably show that he is a foreign national.” No it will not. Indonesia has said that Obama was never a citizen of Indonesia, and the US State Department has said that Obama was never a citizen of Indonesia.

  • Keep going Strauss – keep telling yourself all that….He’s not hiding anything – there is no reason to pay the Democratic National Committee’s go-to law firm over $1 Million to keep his records sealed and no reason to write E.O. 13489 on his first day in office to seal his records. Have a nice day!!

    As for Gary’s comment – they are allowing the BC to hit the MSM so that when it is “debunked” no one will have any credibility to get the rest of the records opened.

  • Gary Lewis -

    Diamond… yes, I agree… the school documents are probably more important. The BC could be another head fake. These spiders have been spinning this web for some time now.

    As to the WH and MSM strategy on this… Alinksy’s Rules, again:

    RULE 5: “Ridicule is man’s most potent weapon.” There is no defense. It’s irrational. It’s infuriating. It also works as a key pressure point to force the enemy into concessions.

  • smrstrauss -

    Want to prove that Obama was born in Kenya? Here’s all you have to do.

    Get an official birth certificate from Kenya. The key birthers say that this is impossible because Kenya sealed the files (there is no confirmation that there are any files to seal or that Kenya sealed the files.) But, since Kenya is a corrupt government, it would be relatively easy to get documents for a price.

    Or, prove that Obama traveled from Kenya to the USA. If he was born in Kenya, he had to travel to the USA because we know that he was in Hawaii. So, on the assumption that he was born in Kenya, on what travel document did he travel on to get to Hawaii?

    Two possibilities: Either the USA considered him a British citizen since his mother was not old enough. Or, we considered him a US citizen, maybe because someone thought that she was old enough. Either way, he would have to get a US travel document.

    If considered British, the US State Department would have insisted on his having a US Visa on a British passport in order to get to the USA. If considered a US citizen, The US State Department would have required his mother to change her passport to include him while she was in Kenya.

    Either way, there would be a record: A record in the visa files for visas issued in Kenya in 1961, or a record in the files of US passports changed in Kenya in 1961.

    Only if the US government is part of the conspiracy would these records, if they exist, have been sealed or destroyed. (The guy who penetrated Obama’s passport records was not proven to have changed anything, and these documents would not be in Obama’s passport file in any case).

    The State Department was under the control of the Republicans for years before the election and for three months after the election. If there were a US visa issued for Obama in 1961 or a change to his mother’s passport while in Kenya in 1961, we would have heard of it.

  • Hey Strauss – stop trying to “DISTRACT AND DEFLECT”…did I not say forget about the BC and focus on the school records – you nit!

    Bots are so easy to read.

  • Diamond,

    I agree with you that we are beating a dead horse with the BC fight. We will never see a legal copy of it. Too many people (both in this country and outside it) who know the truth, or could demand it have their own agenda and it suits their purpose to have the usurper in control. Meanwhile they are using this false BC as a way to keep as much attention as possible away from any other documentation that would be just as much proof that he is not a natural born citizen. I keep hoping and praying that enough people will continue clamoring for these other records that something will break for us.

    Remember – “You can fool some of the people all of the time; all of the people some of the time; but you can’t fool ALL of the people ALL of the time”. Hope springs eternal.

    O/T I would like to add my opinion to that of another commenter about Diamond’s attending the 912 march. By all means she should be there. She is our shining light and our harbringer of the truth. All of us who enjoy and depend on her daily for enlightenment should see to it that she is able to attend. I don’t use credit cards, Diamond, but you have my email address and if you send me your mailing address I will send you a check.

  • I may not get to blog about this but this AM I heard on Smerconish’s show, the guy from Newsweek on the “recovery” and then the discussion about Obama’s birth situation. Both segments were very definitely very easy on Obama. The birth segment featured an interview with Brooks Jackson of the Annenberg Foundation about how they SAW the certicate in CHICAGO….blah blah blah. The Gibbs comments from yesterday were offered up. The whole discussion missed the point, of course. Tomorrow they’re going to “wrap it up”…One caller got through and mentioned that the certificate or where he was born wasn’t the main issue and Smerconish went to a break and said that if the comes up again, maybe that would be the next thing Obama would be dealing with. Then Smerconish gave himself away when he said ” I’m not closer to EXTINQUISHING” this stuff “than I was before.”

    Nice choice of words….since when is it HIS job to “extinquish” discussion of Obama’s birth???? Oh, we’re called “birthers” now, with derision…

    I’m working up another post now about the AP….there will be LESS NEWS in a lot of blogs soon (AP slants everything, but buries facts down at the bottom, so that is a source of some news for many blogs….)

  • smrstrauss -

    Re: “no reason to write E.O. 13489 on his first day in office to seal his records.”

    That law did not apply to Hawaii or to California. It applies only to Federal records. Hawaii is a state, and it has the right to release Obama’s records if it wants to. I have no idea why it does not want to. The original records would show that he was born in Hawaii. But so far it is sticking with its regulations, which are to protect the privacy of ordinary people, not presidents. If it were to change its mind on this, I would be delighted. Also, Obama’s regulations would have no effect on Hawaii changing its mind. It has state’s rights, you know.

    Re the Occidental files. You think they are critical and that they would show that Obama was a citizen of Indonesia. But both Indonesia and the US State Department have said that Obama was never a citizen of Indonesia.

  • Every day the cover up gets deeper the more evidence I will require. Right now I would settle for an original birth certificate with the doctor’s signature (verified by hand writing experts with the ink dated to 1961. Additionally, I want to see those ink footie prints and match them with his dermal ridges of today. Oh I want that ink tested too. It would also be cool to do a DNA test to find out if Frank Marshall is the donor. Either way the communist that was Frank Marshal was BHO’s primary mentor. Orwell would have gone broke writing fictions like this…too unbelievable.

  • I had a passport when I was younger because my child was born abroad in an American Army hospital so U.S. soil. An American born abroad, she didn’t have to have her own passport to travel she traveled on mine…..my memory was up to 12 years old before they needed their own passport at the time. John McCain was born on U.S. soil in Panama because he was born in a U.S. military hospital it is considered U.S. soil just like a U.S. embassy. Was Obama born in a U.S. embassy in Kenya? Probably not.

    I have stated before the easiest way to put this thing to bed is to let Republicans and Democrats look at the original record, let them state Yes he is a U.S. citizen and be done with it. Why would anyone want to keep this thing going? Whats the benefit in keeping the conspiracy alive? That’s what is causing so many people to question what is really going on? Where there’s smoke there’s fire? What is so damning in this birth certificate? Did he used to be a woman LOL!

  • Just a thought. Until recently, the subject of Obama’s BC was relegated to the back pages of the “birther nuts” web pages and those attended by denigration and scorn. However, and isn’t it odd, that the “Issue” is now infiltrating the MSM on a regular basis all of a sudden? I suspect that it has something to do with the pending health insurance bill. If Obama can get that passed, he’s completed his mission for the powers-that-be behind him and socialism moves forward in America. If he can’t get it passed then the socialist agenda is dealt a severe blow and they would have no more use for him. What better way to get someone else in the WH then to let the BC issue go viral, prove finally that he is not eligible and impeach him?

    Like I said….just a thought.

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