HI Director of Department of Health Perjures Herself before HI Senate Committee

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

by Sharon Rondeau

Is this the document Dr. Fukino calls a "birth certificate"?

(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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36 Responses to "HI Director of Department of Health Perjures Herself before HI Senate Committee"

  1. Polarik   Monday, March 15, 2010 at 10:14 PM

    Once Obama’s bogus COLB was posted on the Internet, Fukino was a dead duck. She could not come out and say, “Yes, we produced this,” because that is an outright lie and makes all of the DOH officials an accessory to document fraud, and she could not come out and say, “No, we never produced this,” because that would make everyone in the Obama Campaign and Administration either a perp or an accessory to document fraud.

    So, what she released was a totally noncommittal response, by specifically referring to “vital records,” which can be birth, death, or marriage records, or simply the INDEX RECORDS and not even the record data – let alone an actual document.

  2. MissTickly   Saturday, March 13, 2010 at 2:07 AM

    errr…I meant to say, 50 “emailed” requests a month for his BIRTH CERTIFICATE.

    Obviously, requests for other documents would not count towards legitimizing Fukino’s BS testimony.

  3. MissTickly   Saturday, March 13, 2010 at 2:05 AM

    John, I have a request in to Fukino for the approximately 50 “emailed” UIPA requests a month for a year.=)

    I’ll let you know what she says if anything.

  4. tminu   Saturday, March 13, 2010 at 1:52 AM

    Obama gave Fukino permission to disclose his vitals and she has proof, or she committed a crime.

  5. tminu   Friday, March 12, 2010 at 7:38 PM

    Now unless BHO himself gave Fukino permission to state his birthplace, she is in violation of HRS §338-18(b) http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0018.htm
    Therefore Fukino has to have been given permission to disclose vital information already. So really, Hawaii cannot sit on some high ground here and say they’re precluded when they were already given permission, obviously, unless they’re openly admitting they violated their own laws.
    Aren’t there penalties if she disclosed without premission?? Ah yes, it’s a misdemeanor, less than 1 year in prison: [§92F-17] Criminal penalties. (a) An officer or employee of an agency who intentionally discloses or provides a copy of a government record, or any confidential information explicitly described by specific confidentiality statutes, to any person or agency with actual knowledge that disclosure is prohibited, shall be guilty of a misdemeanor, unless a greater penalty is otherwise provided for by law.
    (b) A person who intentionally gains access to or obtains a copy of a government record by false pretense, bribery, or theft, with actual knowledge that access is prohibited. or who intentionally obtains any confidential information by false pretense, bribery, or theft, with actual knowledge that it is prohibited [by] a confidentiality statute, shall be guilty of a misdemeanor. [L 1988, c 262, pt of §1]
    http://state.hi.us/oip/uipa.html#92F17

    So, Hawaii is lying when they say they can’t disclose, or Fukino should go to jail. It’s right there in their own laws.

  6. tminu   Friday, March 12, 2010 at 4:24 PM

    So, I thought…I’ll just call and ask straight. I’m a real straight shooter, so what the heck?
    So I call the Governor’s Office and I said, “Ms. Fukino says that she holds, has seen, and cannot release BHO’s birth certificate, and that BHO’s “vital records” show he was born in Hawaii. Is his birth certificate one of those vital records?”

    “Uh, uh, I cannot comment on anything, you have to call Ms. Fukino.”

    “Well I did but she has said she will say no more.”

    “Uh, all I can say ma’am and then I have to go is that whoever the birth certificate is for is the only person who can release it.”

    “So BHO is not going to release his birth certificate, and so you cannot release any information from that birth certificate, right?”

    “That is correct.”

    “And so the information that Ms. Fukino released did not come from his birth certificate then, right?”

    “I cannot comment any more ma’am.”

    Hmmmm. Well it’s pretty obvious that Fukino extracted what she wanted from peripheral documents (as in the post-facto born-elsewhere contrived Hawai’i’ ‘vitals’) and that everyone there knows his birth certificate does not say he was born in Hawaii.

  7. misanthropicus   Thursday, March 11, 2010 at 11:17 PM

    Yes, my friend – the USA is becoming the largest banana republic –

    And take this from someone who lives in Los Angeles –

    Regards –

  8. misanthropicus   Thursday, March 11, 2010 at 11:14 PM

    […] 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 […]

    “has continued” – mercy, mercy!
    The Hawaii HD hasn’t “continued”, dr. Fukino – the Hawaii HD, gosh! kept receiving… or continually received… or constantly received… or has been assaulted by… or has been besieged by…

    Heavens! Is this from Michelle’s Princeton thesis?

  9. TexomaEd   Thursday, March 11, 2010 at 9:52 PM

    In the oath that the military take, the part about defending the Constitution comes *before* the part about obeying the orders of the President.

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  12. tminu   Thursday, March 11, 2010 at 11:16 AM

    I only see that Fukino said she has –seen, holds, and cannot release–Obama’s birth certificate. She also said she’s seen “vital records…on file…verifying (that) Obama is a Natural-Born American citizen”.
    She never said his birth certificate says he was a natural born citizen of the United States.
    Unless they profit by continued obfuscations (and we must make sure that if they consider this “game playing” that it results in being clobbered legally and financially and with criminal punishments), they would have absolutely no reason not to summarily provide a copy of the already publicly released certification of live birth or state that they have the birth certificate and that it proves Obama was born in Hawaii.
    The Certification of Live Birth is “prima facie” evidence, it is not a court document. The “Certifiate of Live Birth” or “Birth Certificate” (NOT certification) is what must be nailed down.

  13. tminu   Thursday, March 11, 2010 at 10:52 AM

    Just a review of exactly what Fukino said. Nothing, really. Just a bunch of quasi-official mumbojumbo.

    November 1, 2008
    While many sites and news organizations have released copies provided by the Obama campaign, the rumors have persisted.
    “There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i 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,” DOH Director Dr. Chiyome Fukino said.
    Fukino said she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
    “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 Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures,” Fukino said.
    Fukino said that no state official, including Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently from any other.

    Tuesday, July 28, 2009
    “I … 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 citizen,” Health Director Dr. Chiyome Fukino said in a brief statement. “I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”

    ——–

    Dr Fukino uses the term ‘natural-born American citizen’. She does not state ‘Natural Born Citizen’ of The United States. So baby Obama was natural-born, that could even mean that he was born naturally, as opposed to being born by un-natural Caesarian section. [This is not intended to be an inflammatory remark about birthing procedures – it is intended to show that Dr Fukino’s use of the term ‘natural-born’, with a hyphen, separated from the word citizen, by the adjective American, gives Dr Fukino plausible deniability in making her misleading claim]

    ———–
    aside but I kept seeing similar references like this:
    “And there is even a witness who recalls being told of Obama’s birth in Hawaii in 1961 (http://www.buffalonews.com/494/story/554495.html)”
    but his article was taken down Saturday, May 16, 2009 8:51:02 AM, not archived, no search terms link to it, none of the original numbers…
    ——-

  14. Mike   Thursday, March 11, 2010 at 7:22 AM

    Previous open records request specific to index data by Atty Leo Donofrio indicate that Obama’s sister does NOT have a Hawaiian birth registration. The ‘sisters COLB’ being used at the base for a forgery is not valid.

  15. Dennis   Thursday, March 11, 2010 at 3:21 AM

    How is it that judges (like Carter), politicians (like Espero), talk show hosts and other influential people change their minds on this issue?

    Is there a pattern?

    Is this the USA or the largest banana republic?

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  17. James   Wednesday, March 10, 2010 at 5:24 PM

    Yes, it appears that since Dr. Fukino has testfied under oath that what was placed online is indeed Obama’s birth certificate, she essentially waived all privacy surrounding it. Obama waived his privacy when he posted it online and therefore that State of Hwaii must release what they have to the public. There is no way Hawaii can now hide behind privacy laws given Obama’s waiver of it and now Fukino’s PUBLIC sworn statement to a public governing body that what Obama posted online is what they have. Dr. Fukino is now required under the law to release any and all data that supports the veracity of her sworn statement.

  18. MadHatter   Wednesday, March 10, 2010 at 4:09 PM

    “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.”

    This statement is in the official deposition document (http://www.capitol.hawaii.gov/session2010/Testimony/SB2937_TESTIMONY_JGO_02-23-10_LATE.pdf) of Chiyome Fukino. She is officially testifying that Barack Obama’s “birth certificate” is the document that Barack Obama himself posted on his website.

    Is a “Certification of Live Birth” a “birth certificate?” Is a “Certificate of Live Birth” a “birth certificate?” Which is she talking about? Since she admits that Barack Obama made his birth certificate public on the Internet, there is no more privacy issue. The state can now give anyone this birth certificate who requests it. Can Fukino explain the DOH denials in light of this situation? Someone should bring this up at an SB2937 hearing. If the DOH would just give the already public BC to those who request it, there would be no need for SB2937.

  19. James   Wednesday, March 10, 2010 at 12:48 PM

    Do anyone know Dr. Fukino’s direct email address? Everyone has been sending email to Janice Okubo janice.okubo@doh.hawaii.gov. We might get better results if we send email direct to Dr. Fukino. Perhaps her email might be Chiyome.Fukino@doh.hawaii.gov. Can anyone verify this is Dr. Fukino’s email or post her direct email address.

  20. Miki Booth   Wednesday, March 10, 2010 at 12:04 PM

    I misspoke in the recent article when I said Alan’s and Fred’s BC’s were CERTIFICATION OF LIVE BIRTH. They are not. They are titled ‘CERTIFICATE OF LIVE BIRTH”
    and BO’s is a CERTIFICATION OF LIVE BIRTH. Have we asked HI DOH what is the difference and why?

    And a note on forging the CERTIFICATION OF LIVE BIRTH:
    BO’s sister would have one of these because she applied for one but is foreign born. From her copy a copy can be easily made and laser printed.
    Any one not being from Hawaii could make the mistake of saying he was born at Queen’s like she did.

  21. Lori   Wednesday, March 10, 2010 at 10:57 AM

    Hawaii Officials,

    Obama now has the lowest approval rating of any President a year and a half into their term.

    Spilling the beans now would be celebrated by 60% of Americans.

    Call a press conference. Tell us what he told you. It’s the right thing to do!

  22. James   Wednesday, March 10, 2010 at 10:48 AM

    John and Sharon,
    You need to get everything that has occurred with the Hawaii DOH in front of a lawyer and see if a lawsuit is possible. We just need that one attorney to take the bull by the horns.

  23. James   Wednesday, March 10, 2010 at 10:19 AM

    Addition, any lawyer suing Obama is entitled to information as well under Provision #4 of Statute 338-18
    4) A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings;

  24. James   Wednesday, March 10, 2010 at 10:18 AM

    John,
    Although you can’t get certified copies of Obama’s vital records because of Statute 338, you are certainly entitled to the VERIFICATION of any fact contained in Obama’s Vital Records. Hawaii DOH must reveal to you a verified fact; eg. Was Obama born in a hospital? Statute 338 allows you access to this information:
    —-
    HRS Statute 338-18

    g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
    (5) An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes.

    You certainly qualify under provision #5.

    —————————–
    Mrs. Rondeau replies: Anyone can make such a request. Flood the DOH with UIPA requests for index data pertaining to Dr. Fukino’s testimony to the Senate committee. Ask how she concluded that her department receives 50 requests a month. Supposedly Janice Okubo handles the requests, so did Dr. Fukino even know what the real number is? Apparently not.

  25. James   Wednesday, March 10, 2010 at 9:55 AM

    Yes, I agree. It appears Dr. Fukino has now given a public statement before a public body stating that Obama’s online COLB is valid. Dr. Fukino is now required under Hawaiin law to release any and all data she used to make that statement.

  26. James   Wednesday, March 10, 2010 at 9:37 AM

    HAWAII DEPARTMENT OF HEALTH IS COMPLAINING!!!!!! LET’S KEEP THE PRESSURE UP!!!!
    http://www.capitol.hawaii.gov/session2010/Testimony/SB2937_TESTIMONY_JGO_02-23-10_LATE.pdf
    HIT THEM HARD WITH UIPA REQUESTS!!!
    50 Requests…Let’s Work on making that 500 Requests.

  27. James   Wednesday, March 10, 2010 at 9:15 AM

    Wow! Is Dr. Fukino conceding that the online COLB represents Obama’s birth certificate? Her statement seems to conflict with a statement Janice Okubo made a while back regarding the online COLB: “I don’t know that it’s possible for us to even say beyond a doubt what the image on the site represents.”
    We are obviously getting to Hawaii DOH. It is in our best interests to keep the pressure and keep on pounding them.

  28. bob strauss   Wednesday, March 10, 2010 at 9:11 AM

    Has this been done?
    If possible, try to get a blank copy of a certificate with the same border as Obama’s COLB, or a blank copy of the border they used in 2007 and compare those borders to Obama’s forgery.

  29. Durus   Wednesday, March 10, 2010 at 9:06 AM

    From the Uniform Code of Military Justice:

    883. ART. 83. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION

    Any person who–
    (1) procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder; or
    (2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.

    884. ART. 84. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION

    Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

  30. yo   Wednesday, March 10, 2010 at 8:23 AM

    state senator will espero’s bill seems to do almost the exact opposite of what it had been tauted to provide.

    he said it would show us all obama’s birth certificate, and when the bill is written it makes it even harder to see relevant information.

    one thing i am not. surprised.

  31. scott   Wednesday, March 10, 2010 at 6:27 AM

    If Fukino calls the Obama COLB a Birth Cert. and admits that Obama has posted it, Why is this not considered a waiver to releasing additional certified copies of this exact COLB to the public?

    Did Fukina swear under oath that The COLB posted by Obama is correct and originated at the HI DOH ?

  32. JeanWTPUSA   Wednesday, March 10, 2010 at 2:59 AM

    You didn’t mention the possible perjury from the second part of Fukino’s statement to Congress which she states: “…..in spite of the fact that President Obama has posted a copy of the certificate on his former campaign website.” Shouldn’t this warrant another UIPA request in which Fukino is asked to clarify how she KNOWS that the copy of what appears to be Obama’s COLB is an official copy from the state of HI, issued by the Hawaiian DOH.

    ———————–
    Mrs. Rondeau replies: The caption beneath the image of the COLB was meant to raise that question: Is Fukino vouching for the authenticity of the COLB, and if so, she has now made yet another public statement about it which, by current UIPA law, would allow the public to request the index data used to make the statement.

  33. HG   Wednesday, March 10, 2010 at 2:44 AM

    “For more than a year, the Department of Health has continued to receive approximately 50 email 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 web site.”

    So is this testimony to be taken as official confirmation from Fukino that the Fightthesmears image/colb originated from the HI DOH and is a valid representation?

  34. tminu   Wednesday, March 10, 2010 at 2:22 AM

    I noticed she left “Steve Dunham” off that list.
    This law screams, “Let us be criminals in peace!!” Maybe instead of civil vexatious requesters they want vexatious protesters?

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  36. 2discern   Wednesday, March 10, 2010 at 12:14 AM

    The forest is so thick, I can’t make out the trees. One tree is becoming clear,
    apart from the eligibility issue, perjury. According to the definition quoted above from law books of record, barry soetero has and continues to perjure himself. How? He is sworn in as POTUS. Therefore, verbal and signed written orders and proclamations that are lied about are perjury. Taped video addresses to the Union, the House & Senate, to the public domain of these United States of America document a plethora of lies. A class action suit is needed by the citizenry. How so? For every proclaimed promise that is followed by opposite action to fulfill with intent to deceive is perjury.

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