A letter sent Oct 21, 2009 to the Hawaii governor, lieutenant governor, and every member of the Hawaii House and Senate:
A matter with serious national implications has come to my attention that I believe requires your immediate attention.
Administrative rules for departments and agencies in Hawaii are required to be made public - by having them for public viewing at the Lieutenant Governor's office and county clerks' offices, by posting on the internet, and by making copies available to the public on request with a copy/mailing fee.
Not only are the DOH administrative rules not available to the public as required by law, the DOH refuses to answer questions about their practices.
In January of 2005 Public Health Regulations "Rules of Practice and Procedure" was repealed and replaced by Administrative Rules. Each office was to adopt their own chapters showng the new rules using a detailed process requiring public notification of all the proposed rules and/or changes to them, public hearings, and a system of checks and balances within the Hawaii government itself. For most offices, the rules are posted online, containing the dates that the hearings were announced, when the rules were approved, and when they were posted.
The vital statistics department doesn't have its rules published. Looking at http://gen.doh.hawaii.gov/sites/har/admrules/default.aspx , all that is said is that they are converting from Public Health Regulations Chapters 8, 8a, and 8b and that changes are in process. Chapters 117, 120, and 123 are specifically listed as in the process of being replaced, involving foreign births and adoptions. However, when looking for proposed changes at http://gen.doh.hawaii.gov/sites/har/admrulechange/default.aspx Chapter 117, 120, and 123 are not listed. I e-mailed Fukino's and Onaka's offices asking to see the proposed changes. I got no response at all. So Dr. Alvin Onaka's office currently has no administrative rules that it publicly admits to having.
At least one person asked to see the administrative rules over 2 months ago. Another will be contacting the OIP on Thursday regarding the DOH refusal to answer her request for information that is, by law, supposed to be available to the public even without anyone asking to see it.
In June the Department of Hawaiian Homelands changed their requirements regarding proof of Hawaiian birth. This came immediately after World Net Daily published an article saying that a COLB is not even accepted by the DHHL as proof of a Hawaiian birth. Shortly after that article the DHHL said they didn't need copies of original long-form birth certificates and the DOH said they no longer print certified copies of long-form birth certificates. They also switched the title on their CertificaTION of Live Birth so that the same document now says CertifiCATE of Live Birth.
I e-mailed the Attorney General to ask what procedures were followed to make those changes in administrative policy. I asked him to make sure that all e-mails regarding this subject be saved and an investigation be initiated. I never heard back from AG Mark Bennett.
Later, when I saw for myself the law detailing how administrative changes must be made, I e-mailed Onaka and Fukino to ask when the hearing for those specific changes were announced publicly, when the hearing was held, and when the changes were approved. I have yet to hear from either regarding those issues.
For over a year now, Chiyome Fukino and Janice Okubo have answered all requests for information regarding Obama's birth records by saying they are not allowed to say anything because of confidentiality issues. When Attorney Leo Donofrio and his colleague read the UIPA text saying that all index data must be available to the public, they began to make specific UIPA requests. One day after a request for an amended original birth certificate Fukino made a public announcement regarding Obama's birth records - an announcement that Okubo revealed was approved by Attorney General Mark Bennett. Responses by Janice Okubo to World Net Daily indicated that the release of the information was not authorized by Obama, since the DOH was still claiming they couldn't reveal information without Obama's permission.
I e-mailed AG Mark Bennett to ask what had changed, that Fukino's reason to withhold information for over a year was suddenly no longer the case. It is almost 3 months later and I have not heard back from Mark Bennett.
Hawaii law says that all documents created or maintained by the State of Hawaii for the purpose of informing the public must be available to the public on request - redacting any vital records information that hasn't already been made public. It also says that once the major finding from an attorney general's opinion letter is revealed to the public, the opinion letter itself needs to be made available to the public upon request. According to these laws, all documents which Fukino used in order to make her July 27 statement that they have vital documents on file which prove Obama was born in Hawaii and is a "natural-born American citizen" must be made available upon request - including those vital documents, with non-revealed information redacted.
Those documents have been requested and refused. I believe there is a lawsuit in the works to see all these things which by Hawaii law are supposed to be available within 10 days to anyone who asks for them.
As you know from what I said before, the administrative rules which would reveal exactly what is meant by "on record" (the wording used in Fukino's 2008 press release) versus "on file" (the wording used in the July 27, 2009 release AND on the COLB Obama published on Factcheck.org) are illegally hidden from the public. The DOH refuses to explain what is meant by the wording. They could just as well be speaking elvish and gleefully refusing to let anybody know what their words mean. Is this the kind of "openness" Hawaii expects out of her public servants?
The DOH was not answering UIPA requests according to the required 4 types of responses. When the OIP was brought in because of complaints, the DOH temporarily began answering requests as required by law. Those answers revealed that Obama's birth certificate has been amended. They also revealed that the DOH had no documents on Barack Hussein Obama II as of Aug 9, 1961 - even though Obama's posted COLB says it was FILED BY REGISTRAR on Aug 8, 1961. This strongly suggests that the online COLB Obama posted was fraudulent, and that the DOH knows it is fraudulent but has chosen to give the appearance of affirming its authenticity.
People have the idea that Obama was born in a Hawaii hospital - either Queens or Kapiolani, since both have been named by Obama or his relatives as his birhtplace, one claim on White House letterhead with raised seal and Obama signature. But the White House refuses to say whether that letter is authentic. If he was born in a Hawaii hospital, that hospital would have made out a long-form birth certificate with signatures, sent it to the DOH, and the birth certificate would be accepted by the state registrar. From then on, any requests for information would be answered by the information on that long-form birth certificate and placed on a COLB containing only the information that the person or an "interested party" knew and wanted verified. Potentially embarrassing information could simply be left off the COLB.
The fact that Obama's posted COLB shows a filing date before the DOH says they had any information on him says something is definitely fishy. The fact that a secret AG opinion had to be acquired before Fukino could say that Obama was born in Hawaii and/or is a "natural-born American citizen" says something is fishy. And the fact that nobody at the DOH will explain what the words mean, nor follow their own laws to reveal what their administrative rules/procedures are so we can figure out what the words mean says that the DOH KNOWS SOMETHING IS FISHY. This is NOT a clear-cut case of a hospital birth duly recorded with the state registrar.
For the last week or so - shortly after Obama gave an executive order authorizing his "czars" to work toward improving opportunities for native Hawaiians - the DOH has not been answering UIPA requests. Expect OIP involvement in many, many cases of DOH obfuscation as a result of this. One person who called in was told that Fukino was not in Hawaii last week. I noticed that she made an announcement about H1N1 vaccines arriving at her office though. And surely somebody was at the office.
The pattern here is disturbing. Hawaii has good laws on the books. Unfortunately, it seems the people in Hawaii's offices refuse to follow those laws.
I am requesting a formal legislative investigation of the doings at the Department of Health, the Department of Hawaiian Homelands, and the Attorney General's office involving these issues. In particular:
1) The failure to create administrative rules to replace "Rules of Practice and Procedure", which was repealed in January of 2005.
2) The failure to follow the law requiring the administrative rules in current use to be available to the public.
3) The mid-June amending of the rules and requirements at DOH and DHHL without following the necessary steps for creating or amending them.
4) The legality of the July 27, 2009 statement about Obama's records without his consent.
5) Whether or not the DOH reported to law enforcement or FBI what they knew to be the posting of a fraudulent COLB by Barack Hussein Obama II.
6) What communications the DOH and AG Mark Bennett have had with the White House or any member of the US Congress, influencing their decisions.
Thank you for your attention to this matter. I look forward to hearing your response. Please e-mail me with any questions you have regarding what I've said.
CC: Hawaii Senate Members
Hawaii House Members