HI Senator who sponsored “vexatious requester” bill is a sellout to Obama

WILL ESPERO NOW DECLARES THAT “VOTERS HAVE RESOLVED THE ISSUE” OF OBAMA’S ELIGIBILITY IN COMPLETE DISREGARD OF THE U.S. CONSTITUTION

by Sharon Rondeau

HI State Senator Will Espero (D)

(Mar. 16, 2010) — Hawaii State Senator Will Espero first entered the controversy over Barack Hussein Obama’s eligibility last summer when he stated that birth certificates of people born in Hawaii should be made available to the public for inspection.

However, since that time, he has introduced legislation which directly contradicts that statement and conflicts with his own state’s open records law.

He has now gone even farther by stating in a letter that “Obama’s eligibility was confirmed by nearly 70 million Americans. In addition, his mandate to become President was decided by two-thirds of the electoral votes in the 2008 Presidential election. The voters of America have resolved this issue.”

Espero’s letter can be viewed below.

Last August, according to WorldNetDaily, Espero stated that he had “confirmed plans 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.” At that time, Espero was quoted as having said, “”My decision to file the legislation was primarily a result of the fuss over President Obama’s birth records and the lingering questions.”

The Honolulu Star reported on July 28, 2009, “The issue is not likely to go away, and Hawaii state Sen. Will Espero said he would introduce legislation next year to have birth certificates declared public records. Espero (D, Ewa-Honouliuli-Ewa Beach) said the Obama fuss has raised questions about public and private records and says it would be in the state’s interest to have open public record of births.”

However, the legislation Espero introduced in January was just the opposite. He proposed amending the wording of Hawaii’s version of the Freedom of Information Act, or UIPA, to allow the administrator of the law, the Office of Information Practices, to declare certain people “vexatious” in their requests for information, thereby justifying a denial of their requests. Dr. Chiyome Fukino, Director of the Hawaii Health Department, has supported Espero’s proposal by testifying that her department receives “50 email inquiries a month seeking access to…Obama’s birth certificate.”  Fukino has apparently perjured herself, as the documentation which The Post & Email has in its possession indicates UIPA requests of a much smaller number, with many of the requests having nothing to do with birth records of any kind. Fukino’s testimony was also marked “LATE.”

The proposed amendment reads, in part: “”The office of information practices may declare that a person is a vexatious requester if it determines that the person has established a pattern of conduct that amounts to an abuse of a process set forth under this chapter. When the person has been working in concert with another person to make requests, including making identical requests, both persons’ requests may be considered as part of the person’s pattern of conduct.”

Espero is the author of another proposal which places restrictions on the public’s access to information even more than SB2937.  This bill, SB2056, carries the description, “Permits the public inspection of birth certificates under certain conditions.”  Some of those conditions are a$50 fee per item to be inspected, submitting to camera surveillance and redaction of information which the Health Department deems “sensitive or confidential,” and a time restriction of 15 minutes which must be done in the presence of a Health Department employee.

The Honolulu Advertiser reported on February 19, 2010, “Espero does not necessarily believe that everyone should see birth certificates that are now restricted, but said he wrote the bills to trigger legislative hearings to discuss the issue.”  Yet little more than 24 hours’ notice was provided to the public to prepare for the hearing which will take place today in Honolulu.

Anyone who still wishes to make his voice heard regarding the proposal may contact the Hawaii legislature as follows:

Fax: 808-586-8494 or 1-800-535-3859

In person: Drop off statements to Room 302, State Capitol, 415 S. Beretania St., Honolulu, HI

By web: http://www.capitol.hawaii.gov/emailtestimony

Make sure to include the bill number, SB2937, on your communications.

Letter from Will Espero declaring that "the voters" have decided Obama's eligibility, completely disregarding Constitutional requirements

Why did Senator Espero begin by affirming that birth records should be made public and ending with two proposals which severely limit the public’s access to information?

What is the Hawaii legislature, the Hawaii Department of Health, and specifically, Dr. Chiyome Fukino, hiding?  Why are they going to such great lengths to try to stop the requests for information about the person in the Oval Office?

19 Responses to "HI Senator who sponsored “vexatious requester” bill is a sellout to Obama"

  1. tina frost   Thursday, March 18, 2010 at 6:29 PM

    When thee ineligibility is busted wide open,and it will be.Anyone and everyone with any knowledge of this will be held accountable,with the maximum penalties. Don’t know if it will be before or after the people physically throw this POS out,along with Pelosi and a host of others. I for one will not rest until this is done.

  2. Benaiah   Thursday, March 18, 2010 at 10:24 AM

    Hawaii Law Makers Contemplating Stopping Concerned Americans from Investigating Whether Obama Was Born There
    http://puzo1.blogspot.com/2010/03/hawaii-law-makers-contemplating.html

    The State of Hawaii is contemplating passing a law allowing its officials not to answer the requests of concerned Americans who are looking for proof from that State that putative President Barack Obama was born there as he claims. Officials there contend that many of the open records requests are repetitive and vexatious and they cause them to lose time and money in providing a response to others.

    We hope that the State of Hawaii will consider the state of affairs as they exist today regarding the question of whether Obama was born in Hawaii. It is probably these circumstances which causes concerned Americans to continue to pursue the State for a definitive answer. Let us review what we know.

    Obama must be an Article II “natural born Citizen” in order to be eligible to be President. I have written that showing that he is a Fourteenth Amendment born “citizen of the United States” without more is not sufficient to show that he is a “natural born Citizen.” In any event, Obama must at least prove that he is a born “citizen of the United States” before he can prove that he is a “natural born Citizen.”

    […]

    None of these factors alone would be sufficient to disprove that Obama was born in Hawaii. But the totality of them raises legitimate doubts which Obama should dispel by providing corroborating evidence supporting his claim that he was born in Hawaii. That evidence must be more than just posting a computer image of an alleged 2008 COLB which at best is only prima facie evidence that he was born in Hawaii, for it does not contain the name of the birth hospital in Honolulu or of the delivering doctor there or other corroborating evidence.

    Given America’s military might and who her current enemies are, Americans know that an attack upon America will most likely not come from without but rather from within. They also know the amount of power that the President and Commander in Chief of the Military wields and how that power affects their lives every day. Given these circumstances, it should not be difficult to understand why Americans, concerned for their life, liberty, safety, security, tranquility, and property, want to protect themselves by making sure that their President and Commander in Chief was born in Hawaii as he claims he was and that he is a “natural born Citizen” to whom they can entrust their very lives.

    It is Obama who chose to run for President. We cannot imagine that he does not realize that he has no reasonable expectation of privacy as to his place of birth and as to what he has done in his life. Regardless of where Obama was born, he has lost what he probably perceives to be nothing more than a little birth certificate game given that he has disrespected so many Americans who have every right to know who their President is. Obama is supposed to be a constitutional scholar. Maybe he never learned or he forgot that the President works for and answers to the people who under our Constitutional Republic are the sovereigns.

    We hope that Hawaii can understand the frustrations that these concerned Americans feel when they turn to that state for confirmation regarding Obama’s place of birth which Obama himself could easily provide. Obama’s refusal to provide basic credible information showing where he was born can only leave us thinking what is Obama hiding.

    Mario Apuzzo, Esq.
    March 17, 2010

  3. Benaiah   Thursday, March 18, 2010 at 10:07 AM

    Will Espero,

    Does Hawaii currently issue birth certificates to foreign born children? YES

    Did Hawaii issue birth certificates to foreign born children in 1961? YES

    State of Hawaii Revised Statutes
    §338-17.8 Certificates for children born out of State

    (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

    (b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.

    (c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1]

    Hawaii Act 96

    An ACT To Provide For The Issuance of Certificates of Hawaiian Birth SECTION 1. The Secretary of Hawaii may, whenever satisfied that any person was born within the Hawaiian Isalands, may cause to be issued to such person a certificate showing such fact…

    Benaiah

  4. HG   Thursday, March 18, 2010 at 1:08 AM

    Mr Espero,
    When was the last time you communicated (directly or via proxy) with the Obama administration, the U.S. Department of Justice, or any counsel (currently or formerly) representing Mr Obama?

  5. ilene g   Wednesday, March 17, 2010 at 9:31 PM

    For Bill, as i started to read just the headline… i thought humm, i don’t remember a disaster- (obama not included)!
    Senator Will Espero photo should be in post offices Wanted Poster bulletin board. Another pause— do they have those anymore for prostition?
    Good work Post & Email….. perfect timing!

  6. Bill Cutting   Wednesday, March 17, 2010 at 6:29 PM

    Today Obama said on Fox news that healthcare funding deals would go to states that suffered Natural Disasters such as New Orleans and Hawaii. I guess all that devsatation created by the 1.0 earthquake Sunday in HI. did not make the news in the mainland.

    Senator Will

    Did anyone die?

    Were the hospitals and hotels destroyed?

    Should we notify hollywood and start a telethon?

    Do you need more money?

    How much? Obama will give you as much as you need.

  7. MadHatter   Wednesday, March 17, 2010 at 6:13 PM

    Sen. Espero – What is the concern that you have with identity theft?

    The Certification of Live Birth posted by the Obama campaign on “Fight the Smears” has the following items:

    Child’s Name, Date of Birth, Hour of Birth, Sex, City of Birth, Island of Birth, County of Birth, Mother’s Maiden Name, Mother’s Race, Father’s Name, Father’s Race, Date Filed By Registrar, Certificate Number.

    The Certificate of Live Birth that the general public wants to see adds the following items:

    Attending Physician, Date, Signature of Attending Physician, Hospital of Birth, Notification of Alterations

    What do these extra items contain that would make you think that the Department of Health should keep the Certificate of Live Birth private? The Certification of Live Birth is already public according to the director of the DOH Dr. Fukino. We just want to confirm this by seeing the original for ourselves and by learning the details of the hospital of birth and the attending physician. I don’t see any identity theft concern here. Do you?

  8. Bill Cutting   Wednesday, March 17, 2010 at 5:16 PM

    Senator,

    I don’t see why the DOH does not follow the law on the books. The requests I have seen do not seem unreasonable.
    If the information from Obama on file was confidential, why did the DOH comment at all about an online image?
    They should have followed the law to begin with.
    Where is the investigation? Where do we hang the plaque?
    Regards

  9. Benaiah   Wednesday, March 17, 2010 at 4:21 PM

    Will Espero,

    Do you support the Constitution of the United States?

    Are you aware of the fact that a citizen of the United States under the 14th Amendment is not synonymous with an Article II natural born citizen of the United States?

    Are you aware of the fact that Obama’s father was a citizen of the United Kingdom and Colonies when Obama was born?

    Are you aware of the fact that Obama’s father was NOT a citizen of the United States?

    Are you aware of the fact that Obama acknowledges that the status of his birth was governed by the British Nationality Act of 1948? Hence, Obama was a citizen of the United Kingdom and Colonies at birth.

    How can a citizen of the citizen of the United Kingdom and Colonies at birth be an Article II natural born citizen of the United States?

    Article II, Section 1, Clause 5: No person except a natural-born citizen …shall be eligible to the office of President.

    The issue of whether or not Obama is “eligible to the office of President” depends upon whether or not he is an Article II “natural born citizen” of the United States.

    The phrase “natural born citizen” “must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution”.

    United States v. Wong Kim Ark., 18 S. Ct. 456, 169 U.S. 649 (U.S. 03/28/1898)

    [1] SUPREME COURT OF THE UNITED STATES

    [16] The Constitution nowhere defines the meaning of these words [“citizen of the United States,” and “natural-born citizen of the United States”], either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” In this, as in other respects, it [The Constitution] must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution. Minor v. Happersett, 21 Wall. 162 [At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Minor v. Happersett, 88 U.S. 21 Wall. 162 (1874]; Ex parte Wilson, 114 U.S. 417, 422; Boyd v. United States, 116 U.S. 616, 624, 625; Smith v. Alabama, 124 U.S. 465. The language of the Constitution, as has been well said, could not be understood without reference to the common law. 1 Kent Com. 336; Bradley, J., in Moore v. United States, 91 U.S. 270, 274.

    The “common law, the principles and history of which were familiarly known to the framers of the Constitution” was plainly expressed by the Supreme Court of the United States in the Separate Opinion of Justice Daniel in Scott v. Sandford, which quoted Vattel, and explicitly stated, “The natives or natural-born citizens are those born in the country of parents who are citizens…”

    Scott v. Sandford, 60 U.S. 393 (U.S. 01/02/1856)

    [1] UNITED STATES SUPREME COURT

    [418] …The natives or natural-born citizens are those born in the country of parents who are citizens…

    Furthermore, the Supreme Court of the United States in 1814 relied upon Vattel’s “Law of Nations” as the authority on citizenship issues, and stated in The Venus, “The natives, or indigenes [natural-born citizens], are those born in the country, of parents who are citizens.”

    The Venus, 12 U.S. (8 Cranch) 253, 1814

    “Vattel, …is more explicit and more satisfactory on it [CITIZENSHIP ISSUES] than any other whose work has fallen into my hands, [Vattel] says, ‘…The natives, or indigenes [natural-born citizens], are those born in the country, of parents who are citizens.’ ”

    Vattel’s Law of Nations: § 212. Citizens and natives

    …The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

    Finally, the Supreme Court of the United States, in Minor v. Happersett, confirmed the definition of a “natural born citizen” as “children born in a country of parents who were its citizens”.

    Minor v. Happersett, 88 U.S. 21 Wall. 162 (1874)

    “ ‘No person except a natural-born citizen …shall be eligible to the office of President’… The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”

    Simply put, Article II “natural born citizens” are those citizens who are “born in the country, of parents who are citizens.”

    Hence, Obama is not an Article II “natural born citizen” of the United States, even if he was born in Hawaii, as his father was a “foreigner”…

    To reiterate, Obama’s father was not a citizen of the United States.

    Therefore, Obama is not an Article II “natural born citizen” of the United States.

    Thus, Obama is not “eligible to the office of President”.

    Benaiah

  10. Benaiah   Wednesday, March 17, 2010 at 4:02 PM

    Hi Will Espero,

    Who drafted the text of SB2937?

    Benaiah

  11. Krist   Wednesday, March 17, 2010 at 5:23 AM

    I know how to get Hawaii’s attention. Boycott Hawaii; there are plenty of places to spend your vacation. Boycott Hawaii; pass it on.

  12. DAN REIDY   Wednesday, March 17, 2010 at 3:50 AM

    I smell a RAT….This CRAP has gone on LONG ENOUGH! Release the records or face the RATH OF THE AMERICAN PEOPLE!! I am TIRED OF BEING LIED TO BY FRAUDS AND CREEPS…and i suspect there are many more like me. YOU don’t have enought prisons or manpower to STOP the TSUNAMI heading YOUR WAY!

  13. Robert Laity   Wednesday, March 17, 2010 at 12:36 AM

    A list has to be compiled of all those who, because of their complicity, will face charges of misprision of treason and felony should Obama finally be brought to the bar of Justice. Espero should be on that list.
    http://americangrandjury.org/public/

  14. A pen   Tuesday, March 16, 2010 at 9:51 PM

    It is time for all good men to unite,
    http://www.mrcaction.org/550/petition.asp?PID=23921639&NID=1

  15. Father Time   Tuesday, March 16, 2010 at 4:59 PM

    “He has now gone even farther by stating in a letter that “Obama’s eligibility was confirmed by nearly 70 million Americans. In addition, his mandate to become President was decided by two-thirds of the electoral votes in the 2008 Presidential election. The voters of America have resolved this issue.”-Senator Will Espero

    BS

    This Country is a Republic a Nation of laws and the law states the POTUS has to be a NBC. In a Republic even is everyone but one person voted for Obama doesn’t mean this nation laws don’t apply and is over look.

    Obama prove you are a NBC.

  16. 2discern   Tuesday, March 16, 2010 at 4:40 PM

    Even though legalese is similar with governmental levels introducing laws or new legislation the wording (choice and structure sequence) wreaks of Bob Bauer, counsel to barry soetero now in the White House. I wonder how close Espero & Bauer are in their correspondence?

  17. MadHatter   Tuesday, March 16, 2010 at 3:11 PM

    I suspect that Espero has had a little pow-wow with Dr. Fukino and has learned that the vital records indicate that Obama is not who he claims to be. His switch from supporting open inspection of BO’s BC to introducing legislation to keep it all hidden is telling. Either that, or his whole speech about opening the BC to the public was just a bluff to effect some political spin at the time and he never really meant it.

  18. 1776reloaded   Tuesday, March 16, 2010 at 1:26 PM

    Most in Hawaii believe in many gods, sea, land, volcano etc. You would think they would heed the warning from the tsunami god that was about to give them a good @#! whoopin’ for their evil ways. Maybe next time it will cleanse them if they don’t turn from their sins. Cursed be you, Will Espero, for making Kanaloa ANGRY with the people of Hawaii. You better spill the pineapple seeds before a Volcano erupts and devastates Honolulu.

  19. RODUX   Tuesday, March 16, 2010 at 1:08 PM

    Research the OBAMAO FILES and see if HI State Senator Will Espero (D) is a member of the Communist Party of Hawaii. Go to: http://www.oregonspectator.com/obamapotus/theobamafiles.html
    and download the entire report.

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