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April 12, 2011

>An Analysis of the Current Revelations of Hawaii’s Dr. Chiyome Fukino to NBC News Regarding Obama’s Place of Birth

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An Analysis of the Current Revelations of Hawaii’s Dr. Chiyome Fukino to NBC News Regarding Obama’s Place of Birth

By Mario Apuzzo, Esq.
April 12, 2011

Recently we saw an article appear at msnbc.com written by Michael Isikoff, National investigative correspondent for NBC News. The article is dated April 10, 2011, and is entitled, “Ex-Hawaii Official Denounces ‘Ludicrous’ Birther Claims.” It can be read at: http://www.msnbc.msn.com/id/42519951/ns/politics-more_politics# I will now analyze the many problems that exist with this “investigative” story. My criticisms are directed at both Dr. Fukino and Mr. Isikoff.

The article states:

“The Hawaiian state health official who personally reviewed Barack Obama’s original birth certificate has affirmed again that the document is ‘real’ and denounced ‘conspiracy theorists’ in the so-called ‘birther’ movement for continuing to spread bogus claims about the issue.

‘It’s kind of ludicrous at this point,’ Dr. Chiyome Fukino, the former director of Hawaii’s Department of Health, said in a rare telephone interview with NBC.

Fukino, sounding both exasperated and amused, spoke to a reporter in the aftermath of Donald Trump’s statements on the NBC Today show last week questioning whether Obama has a legitimate birth certificate.

Trump, who says he is considering a run for president, repeated his claims on CNN’s ‘State of the Union’ Sunday, saying that ‘nobody has any information’ about the president’s birth and that ‘if he wasn’t born in this country, he shouldn’t be president of the United States.’

No matter what state officials release on the issue, the ‘birthers’ are going to question it, said Fukino. ‘They’re going to question the ink on which it was written or say it was fabricated,’ said Fukino. ‘The whole thing is silly.’”

Here we see nothing but excuses for not releasing Obama’s long-form, hospital generated birth certificate which I will call his “real birth certificate.” This is not to be confused with a short-form Certification of Live Birth (COLB) dated June 2007 which Obama released on the internet in 2008, which does not contain the name of the birth hospital and the names and signatures of the delivery doctor and other witnesses to the birth.

Isikoff states:

“Contacted by NBC, Fukino expanded on previous public statements and made two key points when asked about Trump’s recent comments.”

Fukino no longer works for the Hawaii Department of Health. Why did Mr. Isikoff not contact the current health department director who overseas the birth certificates in Hawaii? Why do we have to hear from someone who no longer works for Hawaii and no longer has any control over or access to its vital records files? Why can we not hear from the current official who could tell us what is in the file today?

Mr. Isikoff writes:

“The first is that the original so-called ‘long form’ birth certificate — described by Hawaiian officials as a ‘record of live birth’ — absolutely exists, located in a bound volume in a file cabinet on the first floor of the state Department of Health. Fukimo said she has personally inspected it — twice. The first time was in late October 2008, during the closing days of the presidential campaign, when the communications director for the state’s then Republican governor, Linda Lingle (who appointed Fukino) asked if she could make a public statement in response to claims then circulating on the Internet that Obama was actually born in Kenya. Before she would do so, Fukino said, she wanted to inspect the files — and did so, taking with her the state official in charge of vital records.”

Fukino is sure to tell us the exact location of where the real birth certificate was located. She gives us great detail to lend credibility to her story. But she does not tell us who this state official was who accompanied her and whether he or she also saw the real birth certificate. She does not identify any other person who allegedly saw the real birth certificate. One would think that such information would be important and lend credibility to her story. But for some unknown reason, she finds it important to give details of where the birth certificate was located but not that someone other than herself actually saw it.

Isikoff then tells us:

“She found the original birth record, properly numbered, half typed and half handwritten, and signed by the doctor who delivered Obama, located in the files.”

Why does Fukino tell us that the real birth certificate showed the doctor on it but she fails to tell us that Obama’s birth occurred in a hospital which is what Obama told the public occurred? After all, she knows how much “birthers” have been demanding to see conclusive proof that Obama was born in Kapi’olani Hospital, the hospital in which Obama says he was born. There would be no violation of any privacy laws for her to simply say that he was born in a hospital, without giving the name of the hospital, just like she said that a doctor delivered Obama and signed the birth certificate. What is suspect is that there were numerous doctors at that time who could have delivered Obama but only two hospitals in which he could have been born, Kapi’olani Hospital or Queens Hospital. In other words, the doctors get lost in the shuffle but the hospitals do not. Just saying that a doctor signed the birth certificate does not open up channels of information that can be independently verified. On the other hand, knowing the birth hospital pins down the place of birth to only two specific locations in which there would be contained medical evidence of the alleged birth there.

The article continues:

“She then put out a public statement asserting to the document’s validity. She later put out another public statement in July 2009 — after reviewing the original birth record a second time.”

Why did her public statements back then not include the additional information that she is now willing to share with the public? Why has she waited so long to tell us her information?

Isikoff then quotes Fukino:

“’It is real, and no amount of saying it is not, is going to change that,’ Fukino said. Moreover, she added, her boss at the time, Lingle — who was backing John McCain for president — would presumably have to be in on any cover up since Fukino made her public comment at the governor’s office’s request. ‘Why would a Republican governor — who was stumping for the other guy — hold out on a big secret?’ she asked.”

Why is Fukino theorizing about what a Republican Governor would or would not do? Either Hawaii has or does not have the real birth certificate. If they have the document, there is no need to theorize that the Republican Governor would not go along with any conspiracy. Additionally, Fukino does not say that Lingle ever saw the real birth certificate. So how could Lingle be involved in any alleged “cover up” if she was never privy to any information on the issue? By dragging Lingle into the alleged conspiracy makes it look like Lingle had access to some inside information which she would not fabricate because of her opposition position with the Republican Party.

Isikoff continues:

“Her second point — one she made repeatedly in the interview — is that the shorter, computer generated ‘certification of live birth’ that was obtained by the Obama campaign in 2007 and has since been publicly released is the standard document that anybody requesting their birth certificate from the state of Hawaii would receive from the health department.

The document was distributed to the Obama campaign in 2007 after Obama, at the request of a campaign official, personally signed a Hawaii birth certificate request form downloaded on the Internet, according to a former campaign official who asked for anonymity. (Obama was ‘testy’ when asked to sign the form but did so anyway to put the issue to rest, the former campaign official said.”

Why should a former campaign official who was involved in a presidential election and who can shed light on this national crisis issue want to maintain anonymity? Should concerned Americans not be able to learn who was intimately involved in handling Obama’s birth certificate? After all, what is the harm to anyone in knowing that information?

In 2007, there was no issue regarding Obama’s place of birth. The issue of his place of birth came up in 2008. So how could Obama have been “testy” in having to obtain his birth certificate and for reasons of putting “the issue to rest?” If there was no place of birth issue in 2007 why did Obama allegedly request his Certification of Live Birth (COLB) in 2007 which he did receive and which is dated June 6, 2007 to put to rest a nonexistent issue? Why have we not heard that Obama used that 2007 COLB by sending a copy of it to someone who he thought needed it? We have not heard that he sent a copy of that document to any state election officials to show that he was a “natural born Citizen.” Why did Obama wait a whole year before using the 2007 COLB?

Isikoff writes:

“The certification that the campaign received back —which shows that Obama was born in Honolulu at 7:24 p.m. on Aug. 4, 1961 — was based on the content of the original document in state files, Fukino said.

‘What he got, everybody got,’ said Fukino. ‘He put out exactly what everybody gets when they ask for a birth certificate.'”

But Fukino fails to tell us who in the Hawaii Department of Health processed in 2007 Obama’s alleged request for a copy of his birth certificate. She does not tell us that she personally looked at the real birth certificate and used it to prepare the COLB. She is only speculating that someone did that. But she does not tell us who would have done that at that time. As the director of that department, she would have known who her employees were at that time. She could have easily identified the employee who prepared the document so that Mr. Isikoff could have done further “investigative” follow up with that person.

The article continues:

“Hawaiian officials say that the certification is, in fact, only one piece of abundant evidence of Obama’s birth in Hawaii. Joshua Wisch, a spokesman for the Hawaii attorney general’s office, noted that a public index of vital records, available for inspection in a bound volume at the Health Department’s Office of Health Status Monitoring, lists a male child named ‘Obama II, Barack Hussein’ as having been born in the state.”

But this public index only proves that a birth was registered in Hawaii. It is not independent medical evidence of any such birth actually occurring in Hawaii.

The article adds:

“In addition, as Factcheck.org and other media organizations have repeatedly pointed out, both of Honolulu’s newspapers, the Honolulu Advertiser on Aug. 13, 1961, and the Honolulu Star Bulletin, on Aug. 14, 1961, both ran birth announcements listing Obama’s birth on Aug. 4 of that year.”

The newspaper birth announcements are not evidence of a birth in Hawaii. At best they are evidence that the Hawaii Department of Health put those ads in the newspapers based on a birth being registered as having occurred in Hawaii. The announcements are not the product of a medically verified birth in Hawaii. They do not have a direct link to the birth hospital.

The article goes on to say:

“Even Fukino accepts that her comments are not likely to end the matter for the die-hard birthers. Trump and other skeptics have questioned why the original birth certificate has not been released.

But Wisch, the spokesman for the attorney general’s office, said state law does not in fact permit the release of “vital records,” including an original “record of live birth” — even to the individual whose birth it records.

‘It’s a Department of Health record and it can’t be released to anybody,’ he said. Nor do state laws have any provision that authorizes such records to be photocopied, Wisch said. If Obama wanted to personally visit the state health department, he would be permitted to inspect his birth record, Wisch said.

But if he or anybody else wanted a copy of their birth records, they would be told to fill out the appropriate state form and receive back the same computer generated ‘certification of live birth’ form that everybody else gets — which is exactly what Obama did four years ago.”

Fukino attacks anyone who will not be convinced by her story, marginalizing them and casting aspersions toward them. It is rather absurd for Mr. Wisch to contend that someone could not get a certified copy of their own birth certificate, especially the President of the United States. There is no law in Hawaii that so provides. On the contrary, the Hawaii Revised Statutes, Section 338-13(a) states that the department “shall, upon request, furnish an applicant a certified copy of any certificate, or the contents of any certificate, or any part thereof.” Paragraph (c) also provides that copies of birth certificates “may be made by photograph, dry copy reproduction, typing, computer printout or other process approved by the director of health.” Hence, Hawaii’s statutes directly contradict what Mr. Wisch is telling the public.

To further prove that Mr. Wisch is wrong and/or inventing information, we have seen recent examples of people who were born in Hawaii obtain with little fanfare a certified copy of their original long-form, hospital generated birth certificate. A friend of Miki Booth–who was born in Japan, spent much of her life in Hawaii and ran for Congress in 2010 from the Second District of Oklahoma—has a friend who obtained a copy of his long-form, Certificate of Live Birth in March 2011. See the story here, http://www.thepostemail.com/2011/04/07/exposing-the-birth-certificate-lies-used-to-cover-for-obama/. Also, October 13, 2010, a “Danae” posted on FreeRepublic a copy of her long-form, birth certificate originally issued in 1969, which she obtained by mail from the Hawaii Department of Health on September 28, 2010 after paying a $10.00 fee. She also posted a copy of the receipt that she got for paying the $10.00 fee. An interesting question is — where is the copy of Obama’s receipt for allegedly ordering a copy of his Certification of Live Birth in 2007?  Surely the Hawaiian authorities could release a copy of that. Financial transactions of a government are public information.

We know that Governor Abercrombie recently tried to prove that Obama was born in Hawaii. He told the public that he was going to see if he could release Obama’s real birth certificate. Eventually, Abercrombie told the public in a very vague and evasive fashion that he could do no more because of privacy laws. He did say that he found out that Obama’s birth was written down in some state archive. What is strange is that if the long-form birth certificate exists in Obama’s birth file as Fukino is now telling us, why could Abercrombie not tell us the same information that she told us? Why did Abercrombie have to be so evasive and vague about the matter? He could have told us like she did that he went into the health department file and actually saw with his own eyes Obama’s long-form birth certificate and he could have also told us that it contained all the information that Fukino now tells us it contained when she saw it. Abercrombie could have even told us what Fukino left out, i.e., that per the birth certificate, Obama was born in a hospital. Fukino only told us what was in the birth file when she worked there. Abercrombie, as the current Governor, could have told us what is in the file today. That would have been more credible. What is also suspect is that there is no one from Hawaii telling us what is in the health department file today. Rather, Fukino tells us what was in the file in the past. Hearing from someone with official authority tell us what is in the file today would have given the story more credibility given that now Joshua Wisch tells us that today no one can have a copy of the real birth certificate, not even Obama himself, a statement which in itself is incredible and has no basis in law. How convenient can Hawaii get, telling us that at one time the birth certificate was in the file but today no one, not even Obama, is allowed to get a copy of that birth certificate.

What Fukino now tells us is contradicted by former Hawaii election clerk, Tim Adams, who has stated and sworn under oath, that he worked in the Hawaii elections office during the 2008 presidential election and that even though Hawaiian election officials searched for Obama’s long-form, hospital generated birth certificate, none could be found. Rather, what was found was a registration and archive notation which sounds like what Abercrombie has told us.

It is very suspect that Hawaii tells the public what was in Obama’s birth file in the past but does not tell us what is in the file today. Fukino does not even mention that anyone has inspected the file today to see that those same documents are still in it. Why did Mr. Isikoff no reach out to any current officials in the health department for his story? Such a set up is suspicious, for if access to the file is eventually gotten and the alleged real birth certificate is not in there, Fukino can conveniently say that it was there when she looked and she has no control over what happened to it since she does not work there anymore.

What is also suspicious is that Hawaii, using privacy laws as an excuse, will not even release to the public a copy of the documents evidencing someone requested the birth certificate in 2007 and paid for its reproduction costs.

This whole article is also very suspect since we do not have direct quotes from Fukino but rather what Mr. Isikoff summarized to allegedly be her statements. Why would the reporter not provide direct quotes to such important statements?

So where is the grand conspiracy of which the “birthers” are accused? Based on what Dr. Fukino tells us, there is only one person who has actually seen Obama’s real birth certificate and that is she. Hawaii has not identified any other person who has seen it. So Obama’s nativity story is now held together by only one person, Dr. Fukino. That does not sound like much of a conspiracy story.

Why does Obama not want the public to see his real birth certificate or to learn that no real birth certificate exists? The real birth certificate could reveal information that puts into serious doubt that Obama was in fact born in Hawaii. The absence of a real birth certificate could also put into serious doubt his claim that he was actually born in Hawaii. Or the real birth certificate could contain information that is highly embarrassing to Obama and which could put in jeopardy his life narrative that he has put into the public. Whatever could be the truth of Obama’s problem, the American people whom the President serves are entitled to know which one of those truths it is.

Obama’s supporters are proclaiming Dr. Fukino’s recent revelations are the death of the “birthers.” On the contrary, as we can see, what Dr. Fukino has recently said is a far cry from finally resolving the issue concerning Obama’s place of birth. If anything, it just has added more suspicion to the whole story.

Donald Trump needs to continue to press forward in his quest to find out what the truth is.

Mario Apuzzo, Esq.
April 12, 2011
http://puzo1.blogspot.com/
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Copyright © 2011
Mario Apuzzo, Esq.
All Rights Reserved

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January 22, 2011

>Questions to Ask Hawaii Governor Abercrombie About Obama’s Alleged Long-Form Birth Certificate

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The Hawaii Five-O Question of the Century

News sources have reported that Hawaii will not release Obama’s long-form birth certificate despite Governor Abercrombie’s recent efforts to show the “birthers” that they are wrong to have doubts about whether Obama was born in Hawaii.  See APNewsBreak: Hawaii won’t release Obama birth info. The story reports that Governor Abercrombie now says that he is giving up trying to get Obama’s birth certificate because privacy laws prevent him from getting a copy. We’ll, did we not all already know that? It was believed that since the Governor was such a good friend of Obama and his parents and that he wanted to put an end to the birth certificate saga, he was going to be able to impress upon Obama to do the right thing and give consent for the release of the document. That sure would have made both the Governor and Obama look good. But now we are full circle and back to square one.

What is not understandable is what is private about the President’s birth certificate? Obama allegedly already posted in 2008 on the internet his alleged Certification of Live Birth (COLB). Those wanting the release of the long-form birth certificate are only interested in seeing what birth hospital and delivery doctor are listed on the document. Obama already told us he was born in Honolulu in Kapi’olani Medical Center. So where is the privacy concern?

And that is not even considering that the President cannot expect to have any reasonable expectation of privacy in a document which he needs to prove that he meets the “natural born Citizen” eligibility requirement of Article II.

On this latest development, Dr. Kate’s insightful article, Too Late, Abercrombie, is recommended reading and can be accessed at her blog at http://drkatesview.wordpress.com/2011/01/22/too-late-abercrombie/ .  Dr. Kate correctly observes that first Abercrombie suggested that the birth certificate does not exist and now tells us that he cannot release the document to the public because of privacy laws, thus giving the false impression that the birth certificate does in fact exist but simply cannot be released.

We know that Abercrombie has stated publicly that he found some type of notation in the Hawaii state archives of Obama’s birth. See my previous article on this entitled,  In Search of the Holy Grail of Documents — The Obama Birth Certificate , which can be accessed at http://puzo1.blogspot.com/2011/01/in-search-of-holy-grail-of-documents.html .  Here, he might be playing games with the public given that index data of Obama’s birth in Hawaii is already known and a non-issue, and he could be playing stupid about that.  Of course he will not tell us whether it is index data that he was referring to in his statement about finding some notation of Obama’s Hawaiian birth in the state archive. The fact that such index data does exist provides cover and justification for what he said about some notation in the state archive.  Then from such safe grounds, Abercrombie goes further and tells everyone that he cannot release the birth certificate because of privacy laws, again giving the false impression that one exists even though former Hawaii Chief Elections Clerk, Timothy Adams, has told the world that no such birth certificate exists and that he would so testify in a court of law.  From this latest revelation by the Governor, it follows that he did not first consult with Obama (or did he?) regarding his quest to find his birth certificate, for given the current Hawaii official position regarding the need for his consent, Obama would have probably simply told him at first as he apparently is telling him now that he was not consenting to the release even if Abercrombie could find the birth certificate. 

Given this duplicitous state of affairs, I have some simple questions for Governor Abercrombie:

• Apart from whether or not the alleged long-form birth certificate can be released to the public, does such a document in fact exist?

• Does the paper version of the alleged Certification of Live Birth (COLB) which Obama’s campaign allegedly posted on the internet in 2008 for public consumption in fact exist?

• If the alleged long-form birth certificate does in fact exist and the law would have allowed you to release it to the public, and given that you did not consult with Obama prior to your quest to find and release that document to the public, would you have done so over Obama’s objection?

• Since Obama has already released to the public his alleged 2008 COLB, can you simply release to the public an officially authenticated paper version of that document?

• If you would not have released the alleged long-form birth certificate to the public over Obama’s objection, then what were you attempting to accomplish by searching for the document?

• Since finding out that privacy laws prevent you from releasing the alleged long-form birth certificate to the public, have you asked Obama for his consent to the release of the document to the public? If you have not, why not?

Answering such questions does not involve releasing the alleged long-form birth certificate to anyone. Our national media should be asking Governor Abercrombie these questions rather than allowing him to escape from properly addressing this issue of critical national importance and at the same time to mislead the American public while doing so.

Mario Apuzzo, Esq.
January 22, 2011
http://puzo1.blogspot.com/
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January 21, 2011

>In Search of the Holy Grail of Documents — The Obama Birth Certificate

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We know that Hawaii Governor, Neil Abercrombie turned Indiana Jones, said on Tuesday, January 18, 2011, that an investigation had unearthed papers proving Obama was born in Hawaii in 1961. He told Honolulu’s Star-Advertiser: “It actually exists in the archives, written down.” But what he discovered is an unspecified listing or notation of Obama’s birth that someone had made in the state archives and not a birth certificate. In the same interview, Abercrombie suggested that Obama’s long-form, hospital-generated birth certificate may not exist within the Hawaii Department of Health’s vital records that it maintains on file. He added that efforts were still being made to prove Obama was born in Hawaii by locating definitive vital records. Read more at:   http://www.dailymail.co.uk/news/article-1348916/Hawaii-governor-says-Obamas-birth-record-exists-produce-it.html#ixzz1BckShEfz

What is amazing is that with such earth-shattering revelations, many of Obama’s supporters still say that the “birthers” are racists, bigots, and conspiracy nuts.

How difficult could it be for the Governor of a state to find a birth certificate within the official records of his own state? First, Americans obtain and produce them everyday for a sundry of reasons. Second, if the hunt for the birth certificate is like looking for and finding the holy grail of documents, how did the Hawaii Department of Health prepare Obama’s alleged Certification of Live Birth (COLB) which was allegedly prepared in paper form in 2007 and whose alleged image was posted on the internet in 2008? Why has Hawaii to this day not confirmed that the internet COLB was prepared by its health department and that the document is in fact real?

Where did the Hawaii Health Department get all the information that is allegedly stated on the COLB if the only record of Obama’s birth is “an unspecified listing or notation of Obama’s birth that someone had made in the state archives and not a birth certificate?”

During the 2008 election, Hawaii’s Director of Health, Chiyome Fukino, said: “There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawaii 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 Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures. No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii.”

Months later, in July 2009, she added: “I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.” Note that Fukino said in her first statement that she saw and verified that the Hawaii State Department of Health has Obama’s “original birth certificate.” But how do we explain now that Governor Abercrombie says that such a birth certificate might not exist.

On October 26, 2008, WND reported that “it had learned that Hawaii’s Gov. Linda Lingle has placed Obama’s birth certificate under seal and instructed the state’s Department of Health to make sure no one in the press obtains access to the original document under any circumstances.” The Governor’s office even declined to provide WND with a copy of the document. http://www.wnd.com/?pageId=79174. So what happened to the birth certificate that former Governor Lingle placed under seal?

On May 2, 2010, in a radio interview with New York’s WABC radio, former Governor Lingle even said: “So I had my health director, who is a physician by background, go personally view the birth certificate in the birth records of the Department of Health, and we issued a news release at that time saying that the president was, in fact, born at Kapi’olani Hospital in Honolulu, Hawaii. And that’s just a fact and yet people continue to call up and e-mail and want to make it an issue and I think it’s again a horrible distraction for the country by those people who continue this.” http://www.wnd.com/?pageId=150125. So again, what happened to that birth certificate that the health director personally viewed?

Why has Governor Abercrombie in his defense of Obama and in his search for Obama’s birth certificate not talked about the COLB or even attempted to get a paper copy of it? After all, if Obama had no problem with his campaign staff having it in their hands and others taking pictures of it, why can he not put that same document in the hands of his life-long friend, Governor Abercrombie?

If it is true as is suggested by Governor Abercrombie that Obama’s long-form birth certificate might not exist, why did the Hawaii Department of Health never reveal that information to the American people? Why did no one from the Hawaii Department of Health or Election Office come to the defense of Timothy Adams, the Chief Elections Clerk in Honolulu during the 2008 Presidential Election, who was viciously attacked by Obama’s supporters and the media for saying just that?

Section 338-5 of the Hawaiian statute provides: “§338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents. The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1].”

If Obama was born in a hospital as he claims, we cannot reasonably believe that his birth certificate would have been completed and filed by one of his parents. Additionally, under Section 338-5, Hawaii has the power and authority to obtain medical records from Kapi’olani Medical Center to confirm Obama’s alleged Hawaiian birth. If no long-form birth certificate exists, one would think that Hawaii would have taken additional steps to make sure that Obama was born there before making any announcements to the American public that he in fact was born there. At no time did Hawaii inform the American public that it in fact confirmed with that hospital that Obama was in fact born there which it can do under the cited statute. Hawaii has withheld this underlying evidence from the public. This withholding of evidence is a grave matter given that there exists such reasonable doubt as to whether Obama, the putative President and Commander in Chief of our military, was in fact born in Hawaii.

Why does Governor Abercrombie not use the powers given by Section 338-5 to the State of Hawaii to obtain the medical records from Kapi’olani Maternity Ward (now called Kapi’olani Medical Center for Women & Children) in Honolulu, Hawaii, where Obama says he was born and which would conclusively prove he was born there on August 4, 1961?

If Governor Abercrombie is so sincere and such a good friend of Obama and his parents, why can he not just call Obama on the phone and ask him to help him out? He can even ask Obama to get a copy of his and his mother’s medical records from Kapi’olani Medical Center.

In short, should it be that difficult for Hawaii Governor Abercrombie to locate Obama’s long-form birth certificate in the records of the Hawaii Health Department or otherwise confirm with medical records from Hawaiian hospital, Kapi’olani Medical Center, that Obama was born in that hospital? Who are we kidding here?

Mario Apuzzo, Esq.
January 20, 2011
http://puzo1.blogspot.com/

April 25, 2010

Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii

The New York Times on April 21, 2010, did a story entitled, Obama and the ‘Birthers’ in the Latest Poll, by Dalia Sussman and Marina Stefan. http://thecaucus.blogs.nytimes.com/2010/04/21/obama-and-the-birthers-in-the-latest-poll/. The article reported that “[i]n a recent New York Times/CBS News poll, 58 percent said Mr. Obama was born in the United States. That leaves a significant minority who said they thought he was born in another country (20 percent) or said they did not know (23 percent).” Question No. 50 in the poll was: “According to the Constitution, American Presidents must be ‘natural born citizens.’ Some people say Barack Obama was NOT born in the United States, but was born in another country. Do YOU think Barack Obama was born in the United States, or was he born in another country? Born in US 58 Another country 20 DK/NA 23.” Hence, these numbers show that 43 percent do not believe that Obama was born in the United States. The New York Times article is written in such a way as to give the reader the impression that Obama has convincingly proven that he was born in Hawaii and that those who do not believe that Obama was born there are misinformed and poorly educated. What the authors of the article fail to realize or refuse to report is that concerned Americans have very good reasons to doubt that Obama was born in Hawaii.

One might wonder why so many Americans are not convinced that Obama was born in Hawaii as he claims. Let us review the evidence pro and con on his place of birth being Hawaii or Kenya.

Was Obama born in Hawaii? What is the evidence for and against?

Obama supporters provide the following evidence as proof that Obama was born in Honolulu, Hawaii and that he is therefore a born “citizen of the United States” under the Fourteenth Amendment. First, Obama must be an Article II “natural born Citizen” in order to be eligible to be President. I have written that showing that he is a Fourteenth Amendment born “citizen of the United States” without more is not sufficient to show that he is a “natural born Citizen.” Second, in any event, Obama must at least prove that he is a born “citizen of the United States” before he can prove that he is a “natural born Citizen.” The comments in parenthesis are my response to the proffered evidence:

(1) He was a State and U.S. Senator (although we do not know what type of vetting was done for those offices);

(2) Obama posted on the internet a copy of what his supporters call his “birth certificate” (although the image is only of a 2007 Certification of Live Birth [COLB] computer form, which is a computer generated and easily forged form that was posted online in 2008 which is not a true Birth Certificate and is not a typed contemporaneous birth certificate from 1961 which would have the name and signature of the delivering doctor or witnesses to the birth. No witnesses or hospitals have ever attested to Obama being born in Hawaii.);

(3) John McCain and Hillary Clinton would have told us he was not born in Hawaii during the primary and presidential campaigns (although they might have had political and racial reasons for not doing so);

(4) The media would have discovered his not being born in Honolulu (although the media was afraid to properly vet Obama because of not wanting to be labeled racist);

(5) The FBI, CIA, and other security agencies would tell us if he was not born in Hawaii (although we do not know if they can legally even raise the question and who among them would);

(6) The Electoral College elected him President (although electors under most state statutes are beholden to their political party);

(7) A majority of Americans elected him President (although many of them may not have known of the constitutional issue of or even cared about where he was born);

(8) Congress confirmed his election (although political party politics and race sensitivity could have motivated it to avoid addressing the issue);

(9) Obama is currently the sitting President (although that defacto status is not proof of where he was born);

10) No court has told us that he was not born in Honolulu (although no court has granted discovery or reached the merits of the question of where Obama was born);

(11) Obama has traveled internationally allegedly on a U.S. passport (although he has not ever publicly produced one);

(12 The Hawaiian Department of Health has confirmed that he was born in Hawaii (although its statements are incomplete and inconclusive and they have never confirmed the online COLB computer form image is genuine); and

(13) There exists a birth announcement in two local Honolulu newspapers printed in August 1961 (but these announcements alone do not prove that Obama was born in Honolulu. See No. 20 below).

Those concerned Americans who question where Obama was born provide the following evidence as proof that Obama has not conclusively proven that he was born in Hawaii:

(1) Obama’s step-grandmother, Sarah Obama, told Bishop McRae, who was in the United States, during a telephonic interview on October 12, 2008, while she was in her home located in Alego-Kogello, Kenya, that was full of security police and people and family who were celebrating then-Senator Obama’s success story, that she was present to witness Obama’s birth in Kenya, not the United States (the English and Swahili conversation is recorded and available for listening). She was adamant about this fact not once but twice. The conversation which was placed on speaker phone was translated into English by “Kweli Shuhubia” and one of the grandmother’s grandsons who were present with the grandmother in the house. After the grandmother made the same statement twice, her grandson intervened, saying “No, No, No, He [sic] was born in the United States.” During the interview, the grandmother never changed her reply that she was present when Obama was born in Kenya. The fact that later in the same interview she changed her statement to say that Obama was born in Hawaii does not change the fact that she initially stated twice that she was present when Obama was born in Kenya. One would think that a grandmother would know whether she was present or not at the birth of her American Senator and U.S. Presidential candidate grandson;

(2) The Kenyan Ambassador to the United States, Peter N.R.O. Ogego, confirmed on November 6, 2008, during a radio interview with Detroit radio talk-show hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF’s “Mike In the Morning,” that “President-Elect Obama” was born in Kenya and that his birth place was already a “well-known” attraction;

(3) Ms. Odhiambo a Member of the Kenyan Parliament said in session and recorded in the official record of the Kenyan National Assembly on 5 Nov 2008 on page 3275 that Obama was a son of the soil of their country;

(4) Several African newspapers said in 2004 that Obama was born in Kenya. Also see this more recent one in Ghana. Africa’s press knows what the American media refuses to investigate. There have also been other reports in the media that Obama was born in Kenya. A good list of these reports may be found at http://www.wnd.com/index.php?fa=PAGE.view&pageId=138293 where actual screen shots of the stories may be viewed;

(5) Obama’s wife, Michelle Obama stated in a video taped speech she made a couple years ago that Kenya is Obama’s home country. During a speech that Michelle gave to an audience of Lesbian, Gay, Bisexual, and Transgender (LGBT) delegates at the 2008 Democrat Party Convention on the topic of getting tested for HIV and in showing that Obama leads by example, Michelle Obama told them: “He has also spoken out against the stigma surrounding HIV testing, which is still plaguing so many of our communities, which you all know–a lot of that is due to homophobia. Barack has lead by example. When we took our trip to Africa and visited his home country in Kenya, he took a public HIV test for the very point of showing the folks in Kenya that there is nothing to be embarrassed about in getting tested.” “Home country” is defined as “the country in which a person was born and usually raised, regardless of the present country of residence and citizenship.” http://www.allwords.com/word-home+country.html. It is highly suspicious that Obama’s transcripts of Michelle’s speech now do not contain the reference by Michelle to Kenya being his “home country.” http://www.thepostemail.com/2010/04/03/obamas-facebook-page-omits-michelles-home-country-of-kenya-remark/. Obama’s facebook page has a transcript of her “home country” speech. The transcript omits the “home country” wording and says this instead: “He has supported full funding for the Ryan White CARE Act and has pledged to implement a national HIV/AIDS strategy to combat the continuing epidemic in the United States. He has also spoken out against the stigma surrounding HIV testing, a stigma tied all too often to homophobia. And he’s led by example: On our trip to Kenya, (omission) we both took a public HIV test.” The words “Barack’s home country” are omitted;

(6) NPR public radio archived story says Obama in Kenyan-born;

(7) No hospital in Honolulu has yet to confirm that he was born there. One would think that given that Obama is the first African-American President elected in the U.S., that his birth in any hospital would be an historic event. One would also expect the birth hospital to be boasting about the birth there and naming the wing of the hospital where Obama was allegedly born after him. Why would any such hospital not make its claim to Obama and even publicize the event to increase its exposure and marketing appeal? It is only reasonable to ask oneself why all the secrecy and mystery?;

(8) Obama and his sister stated different Honolulu hospitals at which he was allegedly born. In a November 2004 interview with the Rainbow Newsletter, Maya told reporters that her half-brother, then Sen. Barack Obama, was born on Aug. 4, 1961, at Queens Medical Center in Honolulu. Then in February 2008, Maya told reporters for the Honolulu Star-Bulletin that Obama was born at the Kapi’olani Medical Center for Women and Children which is also located in Honolulu. Obama claims he was born in Kapi’olani Medical Center;

(9) Obama has refused to give consent to Kapi’olani Medical Center for it to release minimal documents confirming he was born there as he claims;

(10) No witness with any personal information has come forward to confirm he was born in Honolulu;

(11) New Mexico Gov. Bill Richardson publicly stated during the 2008 campaign that Obama was an immigrant;

(12) Obama has refused to release to the public his education, work, and travel documents (including passports he used for international travel);

(13) Obama’s kindergarten records have allegedly disappeared;

(14) Obama’s application to the Franciscus Assisi Primary School in Indonesia states he was an Indonesian citizen;

(15) Obama has only produced for public viewing a 2008 computer image of an alleged computer generated June 6, 2007 Certification of Live Birth (COLB) which contains no independently verifiable information to corroborate his alleged birth in Honolulu as would be found on a Certificate of Live Birth (Birth Certificate). Why would Obama have asked the State of Hawaii for the COLB in 2007?  What was his need back then for the document?  FactCheck.org web site has this to say about the COLB: “The document is a “certification of birth,” also known as a short-form birth certificate. The long form is drawn up by the hospital and includes additional information such as birth weight and parents’ hometowns. The short form is printed by the state and draws from a database with fewer details. The Hawaii Department of Health’s birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department. We tried to ask the Hawaii DOH why they only offer the short form, among other questions, but they have not given a response.” FactCheck did provide an “Update,” on August 26, when they stated: “We received responses to some of our questions from the Hawaii Department of Health.” They go on to explain they did get some clarification from them to “some” of their questions. But they do not address why DOH did not answer their question as to why DOH “only offer the short form” COLB. http://www.factcheck.org/elections-2008/born_in_the_usa.html. It is unbelievable that a fact-checking organization such a FactCheck (actually a reading of their “objective” information on this issue shows that they are quite biased and prejudiced on the issue in favor of Obama) would allow such an important matter to just die with the excuse that the DOH did not provide a response to their request for information. Would any reasonable person call that responsible and thorough fact investigation? Hawaii Department of Heath has “affirmed that no paper birth certificate records were destroyed when the department moved to electronic record-keeping in 2001.” http://www.wnd.com/index.php?pageId=105347. For an explanation as to who at the FactCheck organization allegedly handled and photographed the COLB and “authenticated” the document (Jess Henig and Joe Miller) go to http://www.theobamafile.com/_eligibility/AnnenbergFactCheckers.htm;

(16) Various experts on documents and digital images state the digital image of the alleged 2007 computer generated Certification of Live Birth (COLB) placed on the internet by Obama’s campaign in 2008 and the alleged underlying document later pictured on the internet is a forgery;

(17) Obama refuses to produce a contemporaneous birth certificate created in 1961;

(18) Hawaii Health Department has publicly released incomplete and inconclusive information which Obama supporters claim shows that Obama was born in Honolulu. Anyone who is only relying on the fact that Hawaii officials do not say that Obama was born in any place other than Hawaii is missing the point which is what sufficient and credible proof exists that Obama was born in Hawaii. We do not know what evidence Hawaii is relying on to simply say that he was born in Hawaii. If the underlying root “evidence” is fraudulent, then anything Hawaii says is of no value and surely not evidence that Obama was in fact born in Hawaii. In other words, in such a case, Hawaii would be picking fruit from a poisonous tree.

Section 338-5 of the Hawaiian statute provides: “§338-5 Compulsory registration of births. Within the time prescribed by the department of health, a certificate of every birth shall be substantially completed and filed with the local agent of the department in the district in which the birth occurred, by the administrator or designated representative of the birthing facility, or physician, or midwife, or other legally authorized person in attendance at the birth; or if not so attended, by one of the parents. The birth facility shall make available to the department appropriate medical records for the purpose of monitoring compliance with the provisions of this chapter. [L 1949, c 327, §9; RL 1955, §57-8; am L Sp 1959 2d, c 1, §19; HRS §338-5; am L 1988, c 149, §1].”

Obama alleges he was born in Kapi’olani Medical Center. At no time during the ongoing public debate about whether Obama was born in Hawaii has any official from Hawaii at least informed the pubic that Obama’s alleged vital records show that his birth certificate from 1961 was “completed and filed” with the health department in Honolulu by some official of that hospital or a physician or midwife associated with that institution. If Obama was born in a hospital as he claims, we cannot reasonably believe that his birth certificate would have been completed and filed by one of his parents. Additionally, under this statute, Hawaii has the power and authority to obtain medical records from Kapi’olani Medical Center to confirm Obama’s alleged Hawaiian birth. At no time did Hawaii inform the American public that it in fact confirmed with that hospital that Obama was in fact born there which it can do under the cited statute. Hawaii has withheld this underlying evidence from the public. This withholding of evidence is a grave matter given that there exists such reasonable doubt as to whether Obama, the putative President and Commander in Chief of our military might, was in fact born in Hawaii.

We will know what the underlying evidence is about Obama’s alleged birth in Hawaii only if we can examine Obama’s contemporaneous birth certificate from 1961 which is readily available since Obama claims he was born in Kapi’olani Medical Center in 1961. That root document will tell us the name of the hospital in which he was born and the name of the doctor or midwife who delivered him. Those pieces of information are highly corroborative of the place and time of birth, for they provide a whole other dimension of contemporaneous facts that would support Hawaii’s or anybody else’s bare statement as to the place and time of Obama’s birth.

Under Section 338-5, any birth certificate has to be completed and filed by some institution (hospital) or person (doctor, midwife, or parent). This statute also shows that Hawaii has the authority to confirm any reported birth by examining medical records. While Hawaii pretends to have come clean with the American public, it did not even provide such basic information or conduct such due diligence which would at least give the public greater assurance that Obama’s birth record is genuine;

(19) In 1961 it was not very difficult for a family member to defraud the State of Hawaii by registering and claiming a child was born there when he or she was not and obtain a Hawaiian birth certificate;

(20) A newspaper birth announcement from local Honolulu newspapers was simply a confirmation that the Honolulu health department “registered” a birth as occurring there based on what someone told them. Given Hawaii’s very lax birth registration laws in 1961, without independent contemporaneous evidence and non-family member witnesses, the registration of a birth as having occurred in Hawaii does not 100% prove the birth actually occurred there. The placement of the identical birth announcements in the Star-Bulletin and Honolulu Advertiser does not prove that Obama was born in Hawaii. The only thing the ads do is confirm that someone at the time told the newspapers that Mr. and Mrs. Barack H. Obama had a son, who was born on August 4, 1961. Simply telling a third party that someone was born in a certain place and at a certain time is not conclusive evidence that the birth in fact occurred there at that time. Corroborating evidence is needed to support such a statement. For in-hospital births such as is alleged for Obama, such evidence would be naming the hospital in which the child was born and the doctor who delivered the child. The birth ads that appear in the two newspaper are identical in content, with the same format and the same chronological order. The ads do not contain the name of the baby, for it does not give the name of the “son.” The ads were not placed by the family but rather were generated by the Hawaii Health Department which would explain the format of the ads and why the same exact information appears in two separate newspapers. Finally, common sense tells us that if someone defrauded the Hawaii Health Department regarding whether Obama was born in Hawaii, the ads would be based on fraudulent information and would prove absolutely nothing. The August 13, 1961 ad in the Honolulu Sunday Advertiser announcing the Obama birth along with the August 16, 1961 ad in the Honolulu Advertiser announcing the Nordyke twins birth can be viewed at http://obamatrueandfalse.com/2010/04/16/true-1961-birth-announcements-reported-by-hawaii-bureau-of-health-statistics/. Note the heading of both of the ads says “Health Bureau Statistics” which confirms that the information was provided to the newspaper by the Hawaii Health Department and not any family member;

(21) The proffered online image of the Certification of Live Birth (COLB) put on the internet states in the lower left corner a date of “Filing” the birth registration. It does not state that the birth registration was “Accepted.” Computer generated COLBs obtained for other people registered in Hawaii have the word and date “Accepted” in that field. See these examples compared to Obama’s COLB. This implies the birth registration was never finally accepted and that additional information on the birth registration was requested by the state but never received. If the state questioned the evidence in 1961 provided by the family to register the birth as occurring in Hawaii, that is all the more reason now to investigate the birth registration method and statements provided to the Health Department by the family back in 1961. What evidence was missing such that the registration was never “Accepted;”

(22) There is no public drive to commemorate Obama’s place of birth. This is even more suspect given that so many people are questioning his place of birth. One would think that Obama’s supporters would want to make a public event out of commemorating his place of birth so that those who question his place of birth (who Obama supporters disparagingly call the “birthers”) could be put in their place once and for all;

(23) No government, political, security, or police agency or media entity has confirmed for the American people that Obama was born in Honolulu;

(24) Attorney Phil Berg has filed with a Federal Court an affidavit in which an investigator recounts how he went to the hospital in Mombasa, Kenya and was told by officials there that Obama was born in that hospital;

(25) Susan and Gretchen Nordyke (“the Nordyke twins”) were born at Kapi’olani Maternity and Gynecological Hospital Aug. 5, 1961, one day after Obama was allegedly born at the same facility on August 4, 1961. These twins produced for the public copies of their long-form birth certificates, otherwise known as a Certificate of Live Birth, issued by the Hawaii Department of Health. The Nordykes’ certificates include information missing from the short-form document that Obama published online (a Certification of Live Birth or know as a COLB), including the name of the hospital where the babies were born and the name of the attending physician that delivered them. Apart from the fact that it is clear that a long-form Certification of Live Birth actually exists for the same time when Obama was born, the twins’ birth certificates also raise an issue regarding sequential numbering of Hawaii birth certificates. One would reasonably assume that the Nordyke twins’ certificate number on their birth certificate should be higher since their birth would have occurred after Obama’s and their birth also increased the population. Susan Nordyke was born at 2:12 p.m. Hawaii time and was given No. 151 – 61 – 10637, which was filed with the Hawaii registrar Aug. 11, 1961. Gretchen Nordyke followed at 2:17 p.m. and was given No. 151 – 61 – 10638, which was also filed with the Hawaii registrar Aug. 11, 1961. The Obama Certification of Live Birth (COLB) shows his certification number to be 151 1961-010641, which is three numbers later from the last born twin rather than being a number earlier than the first born twin. Raising more questions is the fact that Obama’s birth was registered with the Hawaii registrar three days earlier, Aug. 8, 1961. How could his birth be registered earlier than the twins but be given a certificate number later than the twins? Another question is why the middle figure in Obama’s purported registration is 1961, indicating the year of birth, while the Nordykes’ is merely 61? WND was unable to receive a response from Hawaii officials regarding the state’s procedure for issuing registration numbers and their providing a reasonable answer to these questions. The Nordyke twins birth certificate story was fully reported at http://www.wnd.com/index.php?pageId=105347;

(26) A debate on the adoption of a new Constitution took place in the House of the National Assembly of Kenya on Thursday, March 25, 2010. The Official Report of that House, dated Thursday, March 25, 2010, provides the details of that debate. One of the speakers during that debate was The Minister for Lands, Mr. Erengo. Ironically, he expressed that “[i]f we do not live by the values and principles contained in this Constitution, all that is contained in this Constitution will be of no significance….” He continued saying that Kenyans must follow the rule of law and especially the Constitution, stating that the “unmaking of Kenya began by disregard and non-compliance of the law. We ended up in a dictatorship that we had to fight for so many years….” He further explained that under the new proposed Constitution, the “Executive authority of the President . . . is derived from the people….” He then explained that Kenya must overcome its problem of elements of its population excluding people from participating in Kenyan life because of ethnic factors. He asked that all Kenyans unite, regardless of ethnic or tribal affiliations, stating: “The other thing that we are addressing through devolution is exclusion. What has made us suffer as a nation is exclusion. Once people feel excluded, even when you want to employ a policeman or constable or you want to build a dispensary, it must come from the centre. In the colonial days, these things were being done on the ground and they could give bursaries and build roads. I commend devolution. Those who fear devolution are living in the past. They are being guided by their ethnic consideration and objectives. They are living in the past. If America was living in a situation where they feared ethnicity and did not see itself as a multiparty state or nation, how could a young man born here in Kenya, who is not even a native American, become the President of America? It is because they did away with exclusion. What has killed us here is exclusion; that once Mr. Orengo is President, I know of no other place than Ugenya. That is why we were fighting against these many Presidencies in the past. I hope that Kenya will come of age. This country must come of age. People want freedom and nations want liberation, but countries want independence.” Mr. Erengo’s statement to the Kenyan Assembly in session is recorded in the official record/minutes of the Kenyan National Assembly meeting on the 25th of March, 2010, that the President of the USA was born in Kenya and is not a native born American. Scroll down to page 31 in the official record of the Kenyan Assembly meeting of 25 March 2010. There we have it clearly stated by a current member of the Kenyan Cabinet that Obama was born in Kenya and is not a “native American.” It is unbelievable that a high-ranking member of the Kenyan government would make such a matter-of-fact statement, given the debate that is raging in the United States about whether Obama was born in Hawaii or Kenya. The full report may be found at http://www.scribd.com/doc/30293518/Minister-in-Kenyan-National-Assembly-on-25-March-2010-states-Obama-born-in-Kenya-See-page-31. The speech of Mr. Erengo starts at page 29 and ends at page 31. The above quote is found on page 31;

(27) Another Kenyan Minister on April 14, 2010, made a statement about Obama’s origins and says that Obama should repatriate himself to Kenya. “What commitment did they make about compensation and more importantly, the biggest artefact [sic] in the USA today that belongs to this country is one Barrack Obama. How does he intend to repatriate himself or part of the money that is realized from all the royalties that he is attracting across the whole world?” Kenyan Minister Khalwale Asks When Obama Will Repatriate Himself @ Jefferson’s Rebels http://jeffersonsrebels.blogspot.com/2010/04/kenyan-minister-khalwale-asks-when.html.

None of these factors alone would be sufficient to disprove that Obama was born in Hawaii. But the totality of them raises legitimate doubts which Obama should dispel by providing corroborating evidence supporting his claim that he was born in Hawaii. That evidence must be more than just posting in 2008 a computer image of an alleged 2007 COLB which at best is only prima facie evidence that he was born in Hawaii, for it does not contain the name of the birth hospital in Honolulu or of the delivering doctor there or other corroborating evidence.

Given America’s military might and who her current enemies are, Americans know that an attack upon America will most likely not come from without but rather from within. They also know the amount of power that the President and Commander in Chief of the Military wields and how that power affects their lives every day. Given these circumstances, it should not be difficult to understand why Americans, concerned for their life, liberty, safety, security, tranquility, and property, want to protect themselves by making sure that their President and Commander in Chief was born in Hawaii as he claims he was and that he is a “natural born Citizen” to whom they can entrust their very lives.

It is Obama who chose to run for President. We cannot imagine that he does not realize that he has no reasonable expectation of privacy as to his place of birth and as to what he has done in his life. Regardless of where Obama was born, he has lost what he probably perceives to be nothing more than a little birth certificate game given that he has disrespected so many Americans who have every right to know who their President is. Obama is supposed to be a constitutional scholar. Maybe he never learned or he forgot that the President works for and answers to the people who under our Constitutional Republic are the sovereigns. Obama’s refusal to provide basic credible information showing where he was born can only leave us thinking what is Obama hiding.

Mario Apuzzo, Esq.
April 25, 2010
http://puzo1.blogspot.com/
####

A comment about the Hawaiian birth certification issue by Commander Kerchner:
Birth certificate registration fraud is more common than people realize. Here is an example of how people born in other countries were being falsely registered as born in the USA.

Birth Registration Fraud. It’s Been Done Before. As reported by WND.com
http://www.wnd.com/index.php?fa=PAGE.printable&pageId=107200

Charles Kerchner
Commander USNR (Retired)
http://www.protectourliberty.org/
####

March 18, 2010

Hawaii Law Makers Contemplating Stopping Concerned Americans from Investigating Whether Obama Was Born There

The State of Hawaii is contemplating passing a law allowing its officials not to answer the requests of concerned Americans who are looking for proof from that State that putative President Barack Obama was born there as he claims. Officials there contend that many of the open records requests are repetitive and vexatious and they cause them to lose time and money in providing a response to others.

We hope that the State of Hawaii will consider the state of affairs as they exist today regarding the question of whether Obama was born in Hawaii. It is probably these circumstances which causes concerned Americans to continue to pursue the State for a definitive answer. Let us review what we know.

Obama must be an Article II “natural born Citizen” in order to be eligible to be President. I have written that showing that he is a Fourteenth Amendment born “citizen of the United States” without more is not sufficient to show that he is a “natural born Citizen.” In any event, Obama must at least prove that he is a born “citizen of the United States” before he can prove that he is a “natural born Citizen.

Was Obama born in Hawaii? What is the evidence for and against?

Obama supporters provide the following evidence as proof that Obama was born in Honolulu, Hawaii and that he is therefore a born “citizen of the United States” under the Fourteenth Amendment. The comments in parenthesis are my response to the proffered evidence:

(1) He was a State and U.S. Senator (although we do not know what type of vetting was done for those offices);

(2) Obama posted on the internet a copy of what his supporters call his “birth certificate” (although the image is only of a 2007 Certification of Live Birth [COLB which is not a Birth Certificate] that was posted in 2008 and not a contemporaneous birth certificate from 1961);

(3) John McCain and Hillary Clinton would have told us he was not born in Hawaii during the primary and presidential campaigns (although they might have had political and racial reasons for not doing so);

(4) The media would have discovered his not being born in Honolulu (although the media was afraid to properly vet Obama because of not wanting to be labeled racist);

(5) The FBI, CIA, and other security agencies would tell us if he was not born in Hawaii (although we do not know if they can even raise the question and who among them would);

(6) The Electoral College elected him President (although electors under most state statutes are beholden to their political party);

(7) A majority of Americans elected him President (although many of them may not have known of the issue of or even cared about where he was born);

(8) Congress confirmed his election (although politics and race sensitivity could have motivated it to avoid addressing the issue);

(9) Obama is currently the sitting President (although that alone is not proof of where he was born);

(10) No court has told us that he was not born in Honolulu (although no court has granted discovery or reached the merits of the question of where Obama was born);

(11) Obama has traveled internationally allegedly on a U.S. passport (although he has not publicly produced one); and

(12 The Hawaiian Department of Health has confirmed that he was born in Hawaii (although its statements are incomplete and inconclusive).

Those concerned Americans who question where Obama was born provide the following evidence as proof that Obama has not conclusively proven that he was born in Hawaii:

(1) Obama’s step-grandmother, Sarah Obama, told Bishop McRae, who was in the United States, during a telephonic interview on October 12, 2008, while she was in her home located in Alego-Kogello, Kenya, that was full of security police and people and family who were celebrating then-Senator Obama’s success story, that she was present to witness Obama’s birth in Kenya, not the United States (the English and Swahili conversation is recorded and available for listening). She was adamant about this fact not once but twice. The conversation which was placed on speaker phone was translated into English by “Kweli Shuhubia” and one of the grandmother’s grandsons who were present with the grandmother in the house. After the grandmother made the same statement twice, her grandson intervened, saying “No, No, No, He [sic] was born in the United States.” During the interview, the grandmother never changed her reply that she was present when Obama was born in Kenya. The fact that later in the same interview she changed her statement to say that Obama was born in Hawaii does not change the fact that she initially stated twice that she was present when Obama was born in Kenya. One would think that a grandmother would know whether she was present or not at the birth of her American Senator and U.S. Presidential candidate grandson;

(2) The Kenyan Ambassador to the United States, Peter N.R.O. Ogego, confirmed on November 6, 2008, during a radio interview with Detroit radio talk-show hosts Mike Clark, Trudi Daniels, and Marc Fellhauer on WRIF’s “Mike In the Morning,” that “President-Elect Obama” was born in Kenya and that his birth place was already a “well-known” attraction;

(3) Several African newspapers said in 2004 that Obama was born in Kenya;

(4) No hospital in Honolulu has yet to confirm that he was born there;

(5) Obama and his sister stated different Honolulu hospitals at which he was allegedly born;

(6) Obama has refused to give consent to Kapi’olani Medical Center for it to release minimal documents confirming he was born there as he claims;

(7) No witness with any personal information has come forward to confirm he was born in Honolulu;

(8) New Mexico Gov. Bill Richardson publicly stated during the 2008 campaign that Obama was an immigrant;

(9) Obama has refused to release to the public his education, work, and travel documents (including passports he used for international travel);

(10) Obama’s kindergarten records have allegedly disappeared;

(11) Obama’s application to the Franciscus Assisi Primary School in Indonesia states he was an Indonesian citizen;

(12) Obama has only produced for public viewing a 2008 computer image of an alleged computer generated 2007 Certification of Live Birth (COLB) which contains no independently verifiable information to corroborate his alleged birth in Honolulu as would be found on a Certificate of Live Birth (Birth Certificate);

(13) Various experts on documents and digital images state the digital image of the alleged 2007 computer generated Certification of Live Birth (COLB) placed on the internet by Obama’s campaign in 2008 and the alleged underlying document pictured on the internet later indicate it is a forgery;

(14) Obama refuses to produce a contemporaneous birth certificate created in 1961;

(15) Hawaii Health Department has publicly released incomplete and inconclusive information showing that Obama was born in Honolulu;

(16) In 1961 it was not very difficult for a family member to defraud the State of Hawaii by registering and claiming a child was born there when he or she was not and obtain a Hawaiian birth certificate;

(17) A newspaper birth announcement from local Honolulu newspapers was simply a confirmation that the Honolulu health department “registered” a birth as occurring there based on what someone told them. Given Hawaii’s very lax birth registration laws in 1961, without independent contemporaneous evidence and non-family member witnesses, the registration of a birth as having occurred in Hawaii does not 100% prove the birth actually occurred there;

(18) The proffered online image of the Certification of Live Birth (COLB) put on the internet states in the lower left corner a date of “Filing” the birth registration.  It does not state that the birth registration was “Accepted.”  Computer generated COLBs obtained for other people registered in Hawaii state the word and date “Accepted” in that field. See these examples compared to Obama’s COLB. This implies additional information on the birth registration was requested by the state but never received. If the state questioned the evidence in 1961 provided by the family to register the birth as occurring in Hawaii, that is all the more reason now to investigate the birth registration method and statements provided to the Health Department by the family back in 1961. What evidence was missing such that the registration was never Accepted;

(19) There is no public drive to commemorate Obama’s place of birth;

(20) No government, political, security, or police agency or media entity has confirmed for the American people that Obama was born in Honolulu; and

(21) Attorney Phil Berg has filed with a Federal Court an affidavit in which an investigator recounts how he went to the hospital in Mombasa, Kenya and was told by officials there that Obama was born in that hospital.

None of these factors alone would be sufficient to disprove that Obama was born in Hawaii. But the totality of them raises legitimate doubts which Obama should dispel by providing corroborating evidence supporting his claim that he was born in Hawaii. That evidence must be more than just posting a computer image of an alleged 2008 COLB which at best is only prima facie evidence that he was born in Hawaii, for it does not contain the name of the birth hospital in Honolulu or of the delivering doctor there or other corroborating evidence.

Given America’s military might and who her current enemies are, Americans know that an attack upon America will most likely not come from without but rather from within. They also know the amount of power that the President and Commander in Chief of the Military wields and how that power affects their lives every day. Given these circumstances, it should not be difficult to understand why Americans, concerned for their life, liberty, safety, security, tranquility, and property, want to protect themselves by making sure that their President and Commander in Chief was born in Hawaii as he claims he was and that he is a “natural born Citizen” to whom they can entrust their very lives.

It is Obama who chose to run for President. We cannot imagine that he does not realize that he has no reasonable expectation of privacy as to his place of birth and as to what he has done in his life. Regardless of where Obama was born, he has lost what he probably perceives to be nothing more than a little birth certificate game given that he has disrespected so many Americans who have every right to know who their President is. Obama is supposed to be a constitutional scholar. Maybe he never learned or he forgot that the President works for and answers to the people who under our Constitutional Republic are the sovereigns.

We hope that Hawaii can understand the frustrations that these concerned Americans feel when they turn to that state for confirmation regarding Obama’s place of birth which Obama himself could easily provide. Obama’s refusal to provide basic credible information showing where he was born can only leave us thinking what is Obama hiding.

Mario Apuzzo, Esq.
March 17, 2010
http://puzo1.blogspot.com/
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