Note to my readers: I have updated this post to reflect the true origin of the research and story about there being 2 different certifications signed by Pelosi and Germond. My apologies to blogger jbjd for wrongly attaching someone else’s name to her work.
Update: Based on new information, I can’t say whether the method of delivering the certificates to the Hawaii elections office was different in 2008, because the certs were delivered by the HDP rather than by the DNC in 2008. Without seeing date stamps for the certs in past years there is no way to know how the certs got to the Elections Office those years. Jbjd claims to have rebutted my theory. I responded to her rebuttal here. My response to the personal and professional allegations she made about me is here.
Why Pelosi and Germond Signed a Different Certificate of Nomination for Hawaii
Outstanding research by blogger jbjd here, here, here, and he re, with summary here, showed that Nancy Pelosi and Alice Travers Germond , as representatives of the Democratic National Committee, had signed one Certificate of Nomination for Obama and Biden that was sent to 49 states (correction: most states), and another that was sent only to Hawaii. Only the certificate sent to Hawaii included a statement that Obama and Biden were Constitutionally qualified to serve as President and Vice-President.
That certificate of nomination for Hawaii is the ONLY statement in this nation signed by somebody besides Obama which claims that Obama is Constitutionally eligible to be President. (Note: I am currently checking into whether the South Carolina Democratic Party also signed a statement of Constitutional eligibility. Will update later if this paragraph needs to be edited. The best place for info on this is probably at jbjd’s site; it may be a while before I get back to this.) Contrary to arguments that Congress certified Obama’s eligibility when they certified the results of the electoral vote, neither representatives of Congress nor any Secretary of State has signed a legal document saying that Obama is eligible. This one oath by Pelosi and Germond is the only legal claim that Obama’s eligibility was verified.
And there is a huge story about how this particular certificate came to be, which the House Ethics Committee, every state Attorney General, and the public at large need to know.
First off, they need to know that the Hawaii Department of Health has confirmed that neither Pelosi nor Germond, nor any leader of either the Democratic National Committee or the Hawaii Democratic Party, has ever even asked to see Obama’s birth certificate. So Pelosi and Germond did not sign this document because they saw a certified copy from the HDOH office. And in fact, if they had seen anything from the HDOH office they would have known his Hawaii birth certificate has been amended and has no legal value.
The HDOH has also confirmed that at no time since Obama declared his candidacy has either the HDP or DNC received a letter of verification confirming the facts of Obama’s birth. So the two legal means by which the HDP or DNC could have received confirmation from the HDOH were not utilized.
It’s been removed from the web, but shortly after CFP published their original article about the Certificates of Nomination, somebody claiming to represent the DNC stated on a discussion board that the DNC relies on the state parties to verify Constitutional eligibility for candidates, so the oath by Pelosi and Germond would just confirm that the state democratic parties had confirmed the Constitutional eligibility of the candidates.
But this is where the argument totally falls apart, because the Hawaii Democratic Party actually ignored their protocols in 2008 in order to specifically NOT certify Obama’s eligibility as they had done for candidates in the past. IOW, if Pelosi based her decision to certify on whether the state party would confirm eligibility, then she had a duty to NOT certify Obama’s eligibility, because the democratic party of the state supposedly holding Obama’s birth certificate REFUSED TO CERTIFY Obama’s eligibility.
I requested and received from the Hawaii Dept of Elections the certificates of nomination from both the DNC and Hawaii Democratic Party (HDP). I was told their records only go as far back as 2000. In 2000 and 2004 the HDP waited until about a month after the National Convention and then signed and hand-delivered to the Hawaii Elections Office their certification that the candidates 1) were chosen by both the state and national parties and 2) were Constitutionally eligible to be President and VP. That was the HDP’s standard procedure, fulfilling both of Hawaii’s 2 requirements for placement on the ballot. It complies with the requirements in HRS 11-113, which is also cited here.
A summary of the documents:
- 2000 DNC Cert - standard certificate with typed eligibility language added
- 2000 HDP Cert - standard certificate with eligibility language. Signed about a month after the National convention and received at Hawaii Elections Office the same day (hand-delivered)
- 2004 DNC Cert - standard certificate, no eligibility language
- 2004 HDP Cert - standard certificate with eligibility language. Signed about a month after the National Convention.
- 2008 DNC Cert - standard certificate with eligibility language
- 2008 HDP Cert - standard certificate with eligibility language removed. Signed during the National Convention one day before the DNC Cert was signed. Mailed to the Hawaii Elections Office by DNC Attorney Joe Sandler together with DNC cert and transmittal letter (NOTE: new information says the HDP actually forwarded this to the Elections Office)
In 2008 the HDP signed their certification – with the Constitutional eligibility language removed – at the National Convention, on the day BEFORE Pelosi and Germond signed the DNC certificate. They then apparently gave their HDP certificate to DNC Attorney Joseph Sandler, who then had a special certificate created and signed by Pelosi and Germond just for Hawaii (since the HDP refused to certify eligibility) and then sent both certifications, with his own letter of transmittal, to the Hawaii Elections Office (Correction: sent or gave his certification and transmittal letter to the HDP who relayed it to the Elections Office).
So instead of acting independently a month after the National Convention (NOTE: they didn’t have a month to get the certs in because of the late convention) and confirming Constitutional eligibility as in the past, the HDP acted before the Convention to take out the eligibility language from their standard certificate, signed it, and gave it to Joe Sandler before Pelosi had signed anything – signaling to the DNC that they were not going to certify eligibility. They coordinated their efforts with Joe Sandler, who sent both documents together to the HI Elections Office (again, the HDP forwarded everything together to the Elections Office). Apparently Sandler, Pelosi, and Germond all knew that Hawaii’s special certification was necessary because the HDP refused to certify Obama’s eligibility.
The question that begs an answer is: Why did the Hawaii Democratic Party refuse to certify Obama’s eligibility as they had always done to successfully place presidential candidates on the ballots before?
A former DNC official allegedly said the DNC added the eligibility language to be cautious, but that doesn’t explain why the HDP took OUT their certification which had always been sufficient in the past. Being “cautious” would mean either doing it the way it had always worked before, or ADDING to what had always worked before – not trying out an experiment that had never been tried before. In 2000 the DNC added eligibility language to the cert they sent to Hawaii alone, leaving the language off their certificates for other states. They did that in ADDITION to the eligibility certification by the HDP for that election. THAT is an example of caution on the part of the DNC – adding more documentation than needed, just in case. In 2008, though, the HDP certification that had always worked was simply swapped out for a DNC certification that had never been tried before. That isn’t caution; that’s an experiment. In 2008 the HDP deliberately removed the eligibility language from their certificate, even though simply leaving it as it always had been would have made the documentation as secure and complete as possible. Why did they do that?
Sandler had been counsel for the DNC in 1996, 2000 and 2004, and the Hawaii election law hasn’t changed since 1993 so there was no reason to believe the protocols always used weren’t sufficient. And if the DNC had questions they didn’t ask anybody about them; Deputy AG Aaron Schulaner didn’t remember anybody from the HDP or DNC asking about the requirement and said it doesn’t matter which of the 2 bodies certified eligibility.
I called the HDP headquarters on Nov 13, 2009, to ask who had authorized their change in procedures for 2008 and why. The person I spoke with had choice words for the “crazy birthers” but refused to answer questions about how the HDP’s 2008 certificate was created. I specifically wanted to know what legal counsel had approved the changes to the document, when, and why. If there was a reasonable explanation for the change there should be no reason to hide any of that information.
Before finding out I was a “birther” the HDP worker had said that they don’t have a specific attorney but take each issue as it comes up, with members of the Executive Committee sometimes pitching in their legal expertise. Looking online, the only attorney I was able to find who had represented the HDP in lawsuits in the last 15 years (3 different cases, 2 of which have now been scrubbed from the web and all of which are missing from the Hawaii court site) was William H Gilardy, Jr. The attorney who represented Obama’s mother in her divorce from Lolo Soetoro. Chances are good that Gilardy has actually seen Obama’s birth certificate – not the late, amended Hawaii BC which has no legal value and couldn’t be used for any legal purposes, but the one Obama actually used for identification purposes for kindergarten and college entry, application for a social security number, selective service registration, etc. All the stuff Obama has hidden.
Brian Schatz, HDP Chairman who signed the certificate, was Obama’s campaign spokesman in Hawaii who graduated from (and later taught at) Punahou School ,where Obama graduated from high school, and spent a year in Kenya in 1992 (which overlaps Barack and Michelle’s visit to Kenya shortly before their wedding; by that time Obama had been president of Harvard Law Review and had a book deal) . He is now running for lieutenant governor and has been endorsed by Obama’s half-sister, Maya.
The HDP refusing to certify Obama’s eligibility is bad enough as it is, but for the HDP’s usual legal counsel to be the very person who has probably seen Obama’s non-Hawaii birth certificate is explosive.
All this was presumably known by Nancy Pelosi and Alice Travers Germond when they signed that special certification for Hawaii. It was almost certainly known by Joe Sandler when he had the special certificate drawn up, counseled Pelosi and Germond to sign it, and sent the letter of transmittal with both certificates to the HI Elections Office (correction: to the HDP to have them forward it). Calls to Sandler’s law office have been unreturned.
The HDP refused to answer my questions because they ridicule “birthers”. I solemnly suggest that if nobody in law enforcement will compel answers before then, the 2011 House Ethics Committee – hopefully under Rep Darrell Issa – initiate an investigation into potential perjury by Nancy Pelosi, aided by the potential subornation of perjury by DNC Attorney Joseph Sandler.
Most likely they all know something the rest of the country deserves to know as well.