Final Letter to Officials

Letter I sent to every member of Hawaii House and Senate, Gov, Lt Gov, & Director of Dept of Public Safety (via web form)

—– Original Message —–

From: (redacted)

To: repmorita@Capitol.hawaii.gov ; repnakashima@Capitol.hawaii.gov ; repnishimoto@Capitol.hawaii.gov ; reposhiro@Capitol.hawaii.gov ; reppine@Capitol.hawaii.gov ; reprhoads@Capitol.hawaii.gov ; repsagum@Capitol.hawaii.gov ; repsaik@Capitol.hawaii.govi ; repsay@Capitol.hawaii.gov ; repshimabukuro@Capitol.hawaii.gov ; repsouki@Capitol.hawaii.gov ; reptakai@Capitol.hawaii.gov ; reptakumi@Capitol.hawaii.gov ; repthielen@Capitol.hawaii.gov ; reptokioka@Capitol.hawaii.gov ; reptsuji@Capitol.hawaii.gov ; repwakai@Capitol.hawaii.gov ; repward@Capitol.hawaii.gov ; repwooley@Capitol.hawaii.gov ; repyamane@Capitol.hawaii.gov ; repyamashita@Capitol.hawaii.gov ; repmizuno@Capitol.hawaii.gov ; psd.office.of.the.drector@hawaii.gov

Sent: Monday, January 04, 2010 12:44 AM

Subject: Request for Investigation

01-04-09

Aloha!

I wanted you to see this exchange that I had with the Ombudsman’s Office. When you’ve had a chance to look at it, could you let me know how you intend to pursue justice in this case? Thanks!

Nellie

(cc’s to every member of Hawaii House and Hawaii Senate, Governor Lingle)

1. Original e-mail:

——————————————————————————–

From: Nellie (redacted)
Sent: Tuesday, December 15, 2009 9:55 AM
To: Office of the Ombudsman
Subject: Request for Investigation

12-15-09

Aloha!

On Aug 18, 2009 a person going under the alias of Terri K. submitted UIPA requests to the Department of Health. After working with the OIP (Appeal #10-10, initiated on Sept 4, 2009) Terri was able to receive a proper response from the DOH, which revealed that President Obama’s birth certificate has been amended. It wasn’t until the DOH was forced to publish their Administrative Rules online as required by law that the implications of that amendment could be seen.

First and foremost, it tells us that both the Factcheck and Fight the Smears COLB’s posted online are forgeries, since amendments must be noted on the certificate and neither posting contained note of the amendment. Both Dr. Fukino and Ms Okubo would have immediately identified them as such.

This is problematic, since every federal and state lawmaker I have contacted has responded to my concerns regarding President Obama’s eligibility by saying that the Hawaii Department of Health had confirmed the genuineness of the online COLB’s. Knowing the COLB’s were forgeries, Fukino and Okubo both made positive statements about them, inviting public officials in the course of their duties to rely upon them, which is a misdemeanor. If their public statements qualify as an ENDORSEMENT of the online COLB’s (as both my senators and representative concluded), it would constitute the Class B felony of forgery.

In addition, both Fukino and Okubo made public statements implying that anyone who questioned the online COLB’s was a nut-case who wouldn’t accept ANY evidence offered. Considering what they knew at the time, those statements were defamatory and could perhaps rise to the level of slander.

Especially since it also appears that the amendment made to Obama’s birth certificate disqualifies it from being prima facie evidence. The only amendments which don’t remove the probative value of a birth certificate are those issued by court order or by a legal name change decree. Court-ordered amendments are done when the original information submitted is proven to be fraudulent or in the course of adoptions – in which case the amendment never registers on a birth certificate because a new birth certificate is created. The lieutenant governor’s office responded to my UIPA request saying that there are no name change decrees for anybody with the name Obama, Soetoro, or Sutoro.

Legally, then, what is on file at the Hawaii DOH is very probably inconclusive for evidentiary purposes. The truth of what is contained in the documents can only be determined by a judicial or administrative body or person to whom the certificate is presented for evidence. There have been numerous opportunities for Mr. Obama to present his documents as evidence. In at least 8 separate lawsuits seeking to compel him to document his presidential eligibility, counsel for Mr. Obama has argued that the plaintiff lacked standing. In one case, Obama repealed military orders rather than submit his documents for investigation. In another case he asked the judge to take note of the Factcheck COLB and Fukino’s statements – himself inviting the judge to rely on a document he knew was forged (again, either a misdemeanor or a Class 2 felony). Mr. Obama has refused to present his documents to the proper authorities as evidence. There is no procedure by which he would submit his documents to Dr Fukino as evidence.

It is highly likely that Obama’s records in the EVVE System would show a “void flag” – that his record was not legally valid, making Fukino’s statements even more suspect. On two separate occasions in the past year, traffic cops have tried to do a simple check on Obama in their system. Access was denied and they got in trouble for trying. Who does this nation allow to be ABOVE law enforcement scrutiny? Seems to me Nixon was rightly ousted for attempting to be above the law.

So we have at least 3 potential crimes committed by both Fukino and Okubo, so far.

But there is more. In the course of covering up those potential crimes, the DOH has engaged in illegal and/or unethical behavior as well. I’ll only mention a few of the most blatant instances here.

1) They changed their administrative rules regarding the issuance of copies of original birth certificates, without going through the legally-required amendment process. It also appears from http://hawaii.gov/health/vital-records/vital-records/hawnbirth.html that they are allowing Certificates of Hawaiian Birth to be “amended” (via conversion to a late certificate) even though “Public Health Rules” Chapter 8b, 3.6 says that late birth certificates may only be amended via court order or name change decree. I’ve requested clarification from Alvin Onaka but 17 business days later I’ve still received no response from his office at all.

2) They publicly stated repeatedly that they could not reveal ANY information from a birth certificate even though HRS 338-18 specifically requires index data to be published, and “Public Health Regulations”, Chapter 8b (the current administrative rules for the DOH) says that a government agency acting on behalf of the registrant to effect a transaction (such as placement on a ballot) may receive a certified copy of a birth certificate.

3) They have deleted the UIPA records requests sent by Terri K. UIPA requests are subject to appeal for up to 2 years and are considered public records. The DOH is aware that I know the Factcheck COLB is forged. I have been privately urging them to come clean on it. For them to destroy these documents is an act of bad faith, perhaps even obstruction of justice, since they knew that everything they’ve done is likely to be investigated either by law enforcement, by you, or at the very least by the OIP for possible disciplinary action.

4) They refuse to answer whether they have received my UIPA requests or not. This is significant because I and my colleagues have waited the 10 business days to receive responses to multiple requests, multiple times from both the DOH and the OIP – only to hear that our requests were “lost”. Given the already-documented deleting of government records in #3, it is reasonable for me to believe that the records they “lost” may have actually been deleted. In any event, there is good reason for me to want confirmation that my requests were received. I’ve been requesting “Read” receipts for my e-mails. The first 2 were sent, but ever since then Okubo has been clicking “No” instead of “Yes” when asked if she will send me a “Read” receipt. When I asked her why she won’t tell me she got my e-mail she said my requests are a low priority. It takes no more time to click “Yes” than to click “No”. Time is clearly not the issue. Somebody needs to hear her say the real reason.

5) Shortly after Terri K received her response from the DOH she posted online regarding UIPA. The DOH was flooded with requests. OIP Director Paul Tsukiyama immediately decided to give OIP guidance to the DOH – by Cathy Takase, who promptly began to deny requests similar to the one Terri had rightly received a response to (with the help of OIP attorney Linden Joesting). Within 2 weeks OIP Director Paul Tsukiyama had resigned to take a huge promotion to the corporation on which Dr. Fukino sits as a Director. He verbally asked Cathy Takase to become Director in his stead. She appointed herself to handle all the OIP appeals concerning the DOH – so now she writes all the DOH answers to UIPA requests and then judges whether she answered correctly. To my civilian eye it looks suspiciously like Takase was appointed to do damage control after Joesting’s diligence had accidentally revealed DOH abetting forgery, with Fukino making Tsukiyama an offer he couldn’t refuse, allowing Takase to be rewarded with a promotion for her efforts to obfuscate.

6) They are refusing requests they are required to fulfill – for records required to be made public, such as index data, department rules and training materials, documents used to make public announcements, etc. I am enclosing one such request that I made – for a non-certified abbreviated copy of President Obama’s birth certificate, as is to be provided to anybody who asks for it, according to “Public Health Rules” Chapter 8b, 2,5(B)(2). Okubo tried to tell me the section I cited is about index records, when the heading clearly talks about “Copies of Birth Certificates”. When this was pointed out to her, she replied that she had already answered my request.

7) They are treating records requests involving President Obama differently than other requests. A colleague sent two requests for index records on the same day. One was for Kelly Dunham, the other for somebody unrelated to Obama. She got an immediate appropriate response for the person not related to Obama. For Kelly Dunham she got an immediate “We don’t have time to answer this so wait another 2 weeks”, followed by over 2 weeks of waiting. Eventually she got index data for 2 vital events involving Kelly Dunham. I know that even though we have Fourteenth Amendment “Equal Protection”, some people are “more equal” than others – especially those who threaten lawsuits or worse. It has now been documented that Obama’s lawyers have threatened Chrysler execs and any media entities who would report on his birth certificate issue. To be truthful, I fear what both Fukino and Okubo have been told through all this. I have requested any records related to communications the DOH has received from Obama or his representatives. Apparently that was one of the requests that got “lost”. (cough)

8) When I told the OIP that the DOH had indirectly confirmed that Factcheck and Fight the Smears had posted forgeries, and asked whether they had a duty to report forgery, Cathy Takase first replied that it was only a hypothetical question because they’ve never had that situation, but that they’d have to figure that out if it ever happened. When I responded that I was telling her that a forgery had occurred, asked her to show me if I was misunderstanding something, and asked if she was going to report it or what my next step should be, she totally ignored those questions. The OIP and DOH deal with vital records. When you realize that 4 of the 9-11 hijackers were registered to vote, and when you realize that one fraudulent birth certificate can set a nation on fire… it seems to me that we should expect a higher standard of vigilance from the people who keep our records. The planned Millennium terrorist attacks didn’t happen because one government worker on the Canadian border was vigilant.

I reported some of the illegal activities of the DOH to every member of the Hawaii House and Senate, as well as the lieutenant governor and governor. One legislator responded. Denny Coffman told me to call the lieutenant governor. I contacted the lieutenant governor’s office, asking if he could investigate. After repeated attempts to speak with someone on the phone and unanswered e-mails they informed me that they can’t investigate. “Have a nice day”, they said. That is a summary of Hawaii’s vigilance.

I’m asking for an investigation, and I’m hoping someone in Hawaii loves the rule of law enough to answer the call. Please contact me if you need more information, and please let me know what course of action you intend to take.

Thank you.

Nellie

2. Ombudsman’s Reply #1:

—– Original Message —–

From: Office of the Ombudsman

To: Nellie (redacted)

Sent: Thursday, December 17, 2009 7:43 PM

Subject: RE: Request for Investigation

Dear Ms. (redacted):

We are in receipt of your email message below.

I have assigned your case to Alfred Itamura, a staff member of my office, to investigate your complaint about the denial of your request for a noncertified abbreviated copy of President Obama’s birth certificate.

Mr. Itamura will be contacting you to obtain further information, if necessary, or to inform you of the findings of our investigation.

Thank you for contacting our office.

Sincerely yours,

/s/ ROBIN K. MATSUNAGA

Ombudsman, State of Hawaii

3. My request for clarification:

——————————————————————————–

From: Nellie (redacted)
Sent: Friday, December 18, 2009 3:44 AM
To: Office of the Ombudsman
Subject: Re: Request for Investigation

Will Mr. Itamura be investigating everything I complained about, or just the one example I gave?

Thank you.

Nellie

4. Ombudsman’s Reply #2:

—– Original Message —–

From: Office of the Ombudsman

To: Nellie (redacted)

Sent: Wednesday, December 23, 2009 6:56 PM

Subject: RE: Request for Investigation

Dear Ms. (redacted):

We are in receipt of your email message below.

Please be advised that Mr. Itamura will be investigating only the complaint about the denial of your request for a noncertified abbreviated copy of President Obama’s birth certificate. We decided to investigate this specific complaint since the main issue in your email message appears to be about President Obama’s birth certificate.

I reviewed your entire email message. Please be informed that due to our limited resources we are unable to investigate every complaint that our office receives. Additionally, our office does not investigate complaints alleging criminal conduct or illegal behavior, as such matters are within the purview of law enforcement authorities.

Sincerely yours,

/s/ ROBIN K. MATSUNAGA

Ombudsman, State of Hawaii

5. My final question (still awaiting an answer):

—– Original Message —–

From: Nellie (redacted)

To: Office of the Ombudsman

Sent: Wednesday, December 23, 2009 9:53 PM

Subject: Re: Request for Investigation

Will you report this to law enforcement?

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2 Comments

  1. Posted January 31, 2010 at 4:15 pm | Permalink | Reply

    WOW!!!!! What a letter and what facts!! i cant believe all this is happening and no one is doing any thing!

2 Trackbacks

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