STATEMENTS SEEN AS ATTEMPT TO DEFEND HERSELF AND DEPARTMENT FROM INQUIRIES REGARDING CONFLICTING PUBLIC STATEMENTS ON OBAMA’S VITAL RECORDS

by Sharon Rondeau

(Mar. 9, 2010) — The Post & Email has received documentation which discounts the testimony which Dr. Fukino gave  to the Hawaii Senate Committee on Judiciary and Government Operations regarding SB2937.

In her testimony of February 23, 2010, Dr. Chiyome Fukino, Director of the Hawaii Department of Health stated, “For more than a year, the Department of Health has continued to receive approximately 50 e-mail inquiries a month seeking access to President Barack Obama’s birth certificate in spite of the fact that President Obama has posted a copy of the certificate on his former campaign website.”

But documents received by The Post & Email show that the actual number and time frame of the responses were much lower.

The Statistics which undercut Fukino’s Testimony

These are as follows:

Total UIPA Requests: 198, or 208 if you include OIP Requests for Assistance.

Birth Record Related Request: any request for records associated with Barack Hussein Obama (or any name variation thereof) excluding index data.  76 requests during the specified time frame. 38.4% of 198 or 36.5% of 208

Index Data: any request for index data regardless of the search parameters provided. 71 requests during the specified time frame. 35.9% of 198 or 34.1% of 208

Record Request: any request that did not fall into the above categories, rules, regulations, forms, Stanley Ann Dunham/Barack Hussein Obama, Sr. divorce records, death records, clarification, etc. 51 requests during the specified time frame. 25.8% of 198 or 24.5% of 208

OIP Request for Assistance: 10 requests during specified time period or 4.8% of 208

total number of pages of documents = 688
total number of requesters = 61
total number of UIPA requests =198 or 208 (see above)
month in which they began = Time span Aug 7 - Nov 24, 2009, or roughly 16 weeks

The above statistics have been determined by collating the documents received from the Department of Health regarding a UIPA request made for all the UIPA requests from June 1, 2008 to November 24, 2009, which regarded  the following categories of requests:

Part I

All UIPA Request(s) to Access an Agency Record(s) submitted to the HI DoH between June 1, 2008 and Present Date that contain the names:

Barack Hussein Dunham
Barack Hussein Obama II
Barack Hussein Soetoro
Barack  Hussein Soetoro
Barry Obama
Barry Dunham
Barry Soetero
Stanley Ann Dunham
Stanley Ann Obama
Stanley Ann Sutoro/Soetoro
Ann Dunham

Plus all responses provided by the DoH to the individual requester for the aforementioned requests.

Part II:

All UIPA Request(s) to Access an Agency Record(s) submitted to the HI DoH between June 1, 2008 and Present Date that contain but not limited to:

1) DoH Rules, Regulations, General Statements of Policies, Operating Procedures, that pertain to the handling of vital records
2) DoH application of “Date Filed By Registrar” and “Date Accepted by Registrar” on the Certification of Live Birth
3) Blank copies of the Certification Of Live Birth (OHSM 1.1 11/2001, and later revisions, if applicable)
4) General applicability and Interpretation of the form fields contained on a completed OHSM 1.1 and later revisions, if applicable

Plus all responses provided by the DoH to the individual requester for the aforementioned requests.

This collection contain requests for Index Data, Birth Record, other Record Requests (non-index data or birth certificate-related), and Request for Assistance  to the Office for Information Pratices, which does not include the Department of Health.

The Post & Email is willing to offer an electronic copy of the entire document collection to the President of the Hawaii Senate, Senator Colleen Hanabusa, or the Hawaii Attorney General, Mark Bennett, so that they can investigate a charge of perjury against Fukino.

Is the Discrepancy between Statistics and Testimony, perjury?

The definition of “perjury” is “the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) known to contain false information.”

The above information clearly shows that as head of the Department of Health, Dr. Fukino could not possibly have intended to correctly and accurately describe the amount of information requests her office receives, especially since her department had only recently fulfilled a UIPA request to collate and hand over all such responses.  She has given false testimony regarding both the number and duration of these requests.

As such, The Post & Email publicly contests her testimony and asks how can she not be guilty of the crime of perjury.

Finally, it is to be wondered why Fukino had gone to such lengths to stain her reputation so gravely, simply to defend and protect her department from public inquiry regarding her public statements on Obama’s vital records, if there is nothing awry with her declarations. However, if she has perjured herself to the Hawaii Senate Committee, how can we be sure what she says about Obama’s vital records is not similarly false or inaccurate?

Fukino submitted written testimony strongly supporting proposed legislation which would “place limits on records requesters whose established patterns of requests are determined to be an abuse of the process outlined in Chapter 92F, HRS.”  She has asked that the Office of Information Practices enforce the new law if it is passed, which would result in an agency of the Executive Branch of the state government denying due process rights to citizens making requests authorized by Hawaii’s UIPA law.

The bill introduced by Hawaii State Senator Will Espero is moving quickly through the Hawaii legislature which would label certain people “vexatious” and deny their requests for information based on Hawaii’s current open records law, or UIPA.  The heavily Democrat legislature is expected to pass the bill, despite the laws already on record in Hawaii which guarantee the public access to information from the state agencies which maintain them.

State Senator Will Espero proposed the amendment which would label repeat requesters “vexatious,” despite the fact that last summer, he told WorldNetDaily that he planned to “introduce legislation through which the state’s lawmakers would force the public disclosure of all President Obama’s birth documents held by the Hawaii Department of Health , including President Obama’s long-form original birth certificate.”

In August, Espero said, “My decision to file the legislation was primarily a result of the fuss over President Obama’s birth records and the lingering questions.” However, the bill which Espero has introduced to that end is SB2056, which would allow public access to birth certificates currently kept private by law, but only under very restrictive conditions.  Some of those conditions are a $50 fee for each birth certificate to be viewed, a 15-minute time limit, and  the Health Department assuming authority to redact any information that it deems “sensitive or confidential.”

The Post & Email has covered Espero’s recent proposals here.

The full text of Dr. Fukino’s testimony to the committee can be found here.

The Post & Email wishes to thank the readers of this e-Newspaper, who donated to The Post & Email Legal Fund, so that it could acquire a copy of the documents, which were used to make this report possible.

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