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by John Charlton

(Oct. 8, 2009) — The Post & Email has just received moments ago, the response sent by Hawaii Deputy Attorney General Jill T. Nagamine, denying that the AG office has ever mentioned the term “natural born citizen” in an opinion or policy.

The concerned citizen had made the following request, using the online interface at the HI Attorney General’s office:

Date: 2009/09/27
Name: [redacted]
Subject: 92F-12 Information Request

Questions/Comments:       I am writing to request some information in accord with Hawaii Rev. Statutes §92F-12

Which reads:

§92F-12 Disclosure required. (a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

(1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;
(2) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);

In particular I am requesting

1) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1), which contain any mention of “natural born citizen” issued by your department in the last 10 years.

2) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by your agency, which regard determining the legal definition of, or any determination of, any type of citizenship status, such as natural born citizen, native born citizen, naturalized citizen, statutory citizen, dual citizen, as may be required or requested in the normal or extraordinary or special conduct of any activities of your officee, for which such definition or determination is required or necessary.

Thank you,

The response received today from the Assistant AG was as follows:

Subject: “92F-12 Information Request”
From: Jill.T.Nagamine@hawaii.gov
Date: Fri, 9 Oct 2009 10:57:52 -1000

Dear XXX:

There are no records or documents which are responsive to your requests.

Jill T. Nagamine
Deputy Attorney General
State of Hawaii

Analysis of Nagamine’s Response

It is already known that the Hawaii Department of Health has claimed that their July statement regarding Obama being a “natural-born citizen” was based on a letter received from Hawaii Attorney General Mark Bennett — this was revealed in an email received by Justin W. Riggs in July, which Attorney Leo Donofrio’s publically reported in a post on October 1st, 2009 (though this information was mentioned previously on the net).

This response of Deputy Attorney General Nagamine seemingly, further clarifies that this letter the DoH is claiming, was not an publically accessible communication, which such opinions normally have.

This can be seen from the statutory exception cited in the above letter:

§92F-13 Government records; exceptions to general rule. This part shall not require disclosure of:

(1) Government records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy;

Thus the request from the above citizen was very apt, encompassing, and allowed no exceptions regarding public statements.

It’s is obvious that the citizen was seeking not any specific communication between AG Bennett and Dr. Fukino, but rather sought to establish if there was any grounds or basis, founded in general records or proceedures or policies or opinions, on which such a letter or opinion on the natural born citizen issue would have been prepared.  The text of the request merely cites the statute. Since the response was negative, it indicts both the AG’s office and the Doh.

Therefore one can soundly conclude that if a letter was issued, it was a private communication without any justification in prior policies or opinions given by the office of the  Attorney General.

Furthermore, since you cannot claim personal privacy issues in matters wherein you, as the head of a State Agency, request an official opinion of the AG, upon which you are to conduct official and public business of the Agency, if the AG’s position is that the letter from AG Bennet is protected by personal privacy issues, it puts in doubt the immunity of Fukino, who, in seeking advice as a private person, would assume liability for it.

The implications appear dire for Dr. Chiyome Fukino.

It seems that she has unwittingly been put in the position of taking liability for her own determination of Obama being a natural-born citizen; since the letter from AG Bennet was informal, and not an official opinion.

Currently The Post & Email is seeking counsel for further determination of this interpretation of Nagamine’s response.

Some pertinent observations, which might assist understanding Nagamine’s response are as follows:

1) The HI AG’s office waited the full 10 day statutory period for responding.

2) Nagamine’s response does not deny that their office ever had or made such opinions, only that they do not currently have such records.  This allows for the possibility that in the last 10 days, they disposed of such records.

3) The denial of the second request is markedly improbable; how do you run an AG’s office if you have no policy about determining citizenship status? As this is a recurrent question in all manners of legal proceedings in which the AG’s office would be involved on a normal basis.  They should have at least said, “We look in the proper U.S. Statutes and apply them”, no?

4) The public can rightly ask if the AG’s office is attempting to distance itself from Dr. Fukino’s actions, and indicate that it will not take liability her in her July Statement.

The Post & Email once again calls on Governor Lingle, AG Bennett and Dr. Fukino to completely disclose the communications between the latter two regarding the July Statement of Dr. Fukino and well as disclose all the documents which pertain to the preparation of that public statement, and the vital records mentioned therein, since compelling public interest most certainly exists to justify this, according to Hawaiian Law. Continued silence and obstruction of public inquiry, will only lead to your condemnation in the court of public opinion, as being involved in a criiminal conspiracy to support the election fraud and usurpation of the U.S. Presidency commited by Barack Hussein Obama; which crimes on your part are no less grave than his.

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  1. Make the same request of the Dept. of Health. I doubt that Fukino or Okubo would have destroyed that letter, if that’s the leg they’re standing on to make their pronouncements. Perhaps the approval came in the form of an e-mail or a phone call?

    Wouldn’t it be illegal to destroy records that are/might be subject to public requests for scrutiny? I’ve read of other cases where e-mails were destroyed and, as with Watergate, the cover up became worse than the crime. There must be a records retention policy.

    I agree that they are playing games with semantics. Nail them down by using the exact phrasing. Be specific. Ask for the opinion that was given that allowed Fukino to make her statement.
    Mr. Charlton replies: Obviously that is the other prong in the investigation. Attorney Leo Donofrio is on it, and has issued many specific requests regarding a whole slew of matters and is appealing each denial, in preparation for a law suit if necessary. The Post & Email is not pursuing information for a lawsuit; only the public interest in the case for openness and transparency in government. The American People have a right to see the original documents which prove the parentage and place of birth of their President. He has lied about so many things; and so many details of his birth story have been shown to be false or unproven; that at this point the American Public’s trust has clearly been betrayed.

  2. I am in total agreement with epicurious and Gladi8r. I think it is clear that Fukino was trying to mislead with her choice of words. “Natural-born American citizen” could be construed to mean an American citizen born “Naturally” ie vaginal delivery as I have previously stated. This is an obvious solution for a physcian like Dr. Fukino to choose. The next step would be for Dr. Fukino to get an opinion from the AG as to whether she was correct from a legal standpoint as far as her reply went. Yes, that would “prove” that the AG would have to be in on the conspiracy because clearly he would understand the difference between “Natural Born Citizen” and Natural-Born American Citizen” and that Dr. Fukino was trying to mislead and that would make him a co-conspirator by him approving the language in his opinion. It also implicates the deputy AG as well as he has to be aware of the nature of requests that are coming in at this point. So I would argue based on this line of reasoning that it is absolutely essential to send in a request for all correspondence and communications that the attorney generals office as well as the health department has had regarding the terminology “Natural-Born”, “Natural-Born American” and “Natural-Born American Citizen”. Once again, I would cc my requests to the Republican legislators, the Ombudsman Office, along with Governor as well as the Newspapers and Hawaii Republican party leaders. I have enclosed the following names and addresses:

    Lynn Finnegan
    House Republican Leader
    32nd Representative District
    Hawaii State Capitol, Room 328
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-9470; fax 808-586-9476
    E-mail repfinnegan@Capitol.hawaii.gov
    Corinne W.L. Ching
    27th Representative District
    Hawaii State Capitol, Room 330
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-9415; fax 808-586-9421
    E-mail repching@Capitol.hawaii.gov

    Barbara C. Marumoto
    19th Representative District
    Hawaii State Capitol, Room 304
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-6310; fax 808-586-6311
    E-mail repmarumoto@Capitol.hawaii.gov

    Kymberly Marcos Pine
    43rd Representative District
    Hawaii State Capitol, Room 333
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-9730; fax 808-586-9738
    E-mail reppine@Capitol.hawaii.gov
    Cynthia Thielen
    Assistant Minority Leader
    50th Representative District
    Hawaii State Capitol, Room 443
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-6480; fax 808-586-6481
    E-mail repthielen@Capitol.hawaii.gov
    Website http://www.cynthiathielen.com/

    Gene Ward
    17th Representative District
    Hawaii State Capitol, Room 318
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-6420; fax 808-586-6421
    E-mail repward@Capitol.hawaii.gov
    Fred Hemmings
    25th Senatorial District
    Hawaii State Capitol, Room 221
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-587-8388; fax 808-587-7240
    E-mail senhemmings@Capitol.hawaii.gov
    Sam Slom
    8th Senatorial District
    Hawaii State Capitol, Room 222
    415 South Beretania Street
    Honolulu, HI 96813
    phone 808-586-8420; fax 808-586-8426
    e-mail senslom@Capitol.hawaii.gov

    Office of the Ombudsman
    465 South King Street, 4th Floor
    Honolulu, Hawaii 96813
    Telephone: (808) 587-0770
    Facsimile: (808) 587-0773
    TTY: (808) 587-0774
    e-mail: complaints@ombudsman.hawaii.gov

    Governor’s Office
    Governor’s Office
    Phone: 808 586-0034
    Fax: 808 586-0006

    Hawaii Republican Party contact page:

    The Honolulu Advertiser

    The Star Bulletin

    The Hawaii Tribune-Herald

    West Hawaii Today

    The Mauii News

    I would sugggest finding out some individual Hawaiian local or state government reporters and cc it to them specifically. Just getting one of them interested would start making waves and shake the tree by having them ask questions and or start writing about it.

  3. John,

    Excellent work! Especially, the previous analysis of quo warranto.

    Fukino could be in serious trouble here. She made a legal determination with her statement attempting to quash further inquiry.

    One can view this as an attempt to deprive interested parties of their right to redress. Barnett is potentially subject to bodily injury. Her statement was made under the color of law.

    This is illegal and punishible by fine and imprisonment.


    § 242. Deprivation of rights under color of law
    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

  4. I just sent a UIPA request to Jill Nagamine, copied to Janice Okubo, for the index data used to prepare Dr. Fukino’s statement from July 27, 2009. I also asked for a copy of the consent form that Obama signed giving Dr. Fukino permission to look at his “vital records.” Dr. Fukino has insisted that no one can see anyone’s birth certificate unless he/she has a “tangible interest” in the record.

    Therefore, I would think that Obama must have signed a release of some kind for Dr. Fukino to take a peek.

    I made sure to mention that Dr. Fukino stated that the attorney general “approved” her statement.

    This should be interesting.
    Mr. Charlton replies:N.E.P.; you have to send the request to Okubo, not Nagamine, because Okubo’s office keeps the records for vital statistics and should have the consent form.

  5. Is it possible that the Attorney General was never even asked? I know Dr. Fukino said that he “approved her statement,” but that could be a fairy tale.

    That does mean that Dr. Fukino has hung herself out to dry.

    However, the collusion within and among Hawaii departments to protect Obama is obvious. They probably were intimidated and threatened, and Dr. Fukino was essentially left to stumble through this saga on her own. She has made strange contradictory statements which cannot be backed up by facts, and now she’s trying to cover her tracks.

  6. The Dr Fukino’s response dated July 27th, 2009:

    “I, Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.“

    I think that unless the requests are to the letter, the AG will deny they have an opinion. I would re-submit the UIPA request using “natural-born American”.

    Also, I received an email this afternoon from the State of Hawaii Office of Information Practices that included among other things, an admission that HAR 11-117 has not been adopted yet. This confirms my analysis posted on TerriK’s blog was indeed correct. This leads us to pursue the Department of Health’s “Public Health Regulations, Chapters 8, 8A and 8B.

  7. I think the AG is parsing words here as all Hawaii officials seem to have a propensity for. The AG is right (sort of); the quote by Fukino did not mention “natural born citizen.” The actual term used was “natural-born American citizen”

    Maybe an FOIA request for opinions issued regarding the term “natural-born American citizen” would prompt an appropriate response.

    Also, a request for the exact opinion that the AG issued prior to Fukino making that statement, declaring Obama to be natural-born would invoke an appropriate response.

  8. I don’t think Leo will like the Assistant AG’s response. Looks like Fukino will take the fall for lying to the American people when she declared Obama nbc–or maybe she will get away with it, after all.