Barack Obama and State of Hawaii on the ropes... history
October 14, 2009 10:23 AM Portland Civil Rights Examiner Dianna Cotter

The latest legal turn out of Hawaii leaves very little wiggle room for the state.

On July 27th 2009 The Hawaii Department of Health in a press release declared that Barack Obama was a Natural Born Citizen.

Researcher Justin Riggs on July 29th was informed by email that Hawaii Attorney General Mark Bennett reviewed and approved the Statement released by DoH Director Fukino.

Attorney Leo Donofrio has been investigating the irregularities in the State of Hawaii at his blog Natural Born Citizen and has published a copy of the emails between Riggs and the Attorney General's office:


From: Justin Riggs [email address redacted]
Date: Wed, Jul 29, 2009 at 12:03 PM
To: …janice.okubo@doh.hawaii.gov, [redacted other recipient]


…Ms. Okubo,
I am currently a masters degree candidate at …

The reason that I am contacting your organizations is that you are, as far as I can tell from my research, the only two groups that have openly stated that President Obama is a natural born citizen (one of the Article II, Section I qualifications for being President). I would like to document how you came to that conclusion: i.e. what the criteria is for your organization, what evidence the candidate provides, etc.
I thank you for your time, and look forward to receiving a response in the near future.
Sincerely,
Justin W. Riggs


Janice Okubo responded later that day:


From: Okubo, Janice S..
Date: Wed, Jul 29, 2009 at 12:20 PM
To: Justin Riggs [email address redacted]…
Aloha Justin,
The statement was reviewed and approved by our Attorney General Mark Bennett. I am unable to provide further comment.
Janice Okubo
Communications Office
Hawaii State Department of Health…

According to law, the State of Hawaii must now disclose how it came to the decision that is found in Director Fukino’s July 27th Press Release that was approved by the State’s Attorney General. Haw. Rev. Stat. 28-4 states very clearly that formal opinions of the Attorney General must be made public. Further, the Hawaiian Office of Information Practices in 1991 formally set out the requirements that informal opinions of the AG must also be made available for public inspection. According to Donofrio, under the Uniform Rules of Evidence (Rule 510): “when the conclusions of an informal Attorney General opinion are made public by the agency/client, then the accompanying record of that opinion must also be disclosed to the public:”

The State of Hawaii declared that Obama was a Natural Born Citizen and that this disclosure was approved by the Attorney General of the State. The State of Hawaii must now release any and all communications and documentation that led it to making this determination. Because Janice Okubo on July 29th revealed that the decision was approved by the State’s Attorney General, and the state made its Natural Born Citizen statement, the state is now required by law to disclose how it reached that conclusion. As Donofrio explains, there can be no secret law. The State of Hawaii cannot simply make a statement with legal weight, and then when asked to provide how it reached that decision, simply say: ‘You just have to trust us on that’. They must release any and all information that led them to make their public declarations.

On October 5th, Donofrio wrote to the office of the Attorney General, contacting Jill Nagamine:


Subject: Request for AG Opinion letter
Date: Monday, October 5, 2009 8:34 PM
From:”Leo Donofrio” [email redacted]
To: Jill.T.Nagamine@hawaii.gov


Dear Ms. Nagamine,
The following request for Government records is made pursuant to the UIPA.
I request a copy (or access to a copy) of the Attorney General Opinion Letter the Attorney General provided to Department of Health Director Fukino which reviewed and approved her July 27, 2009 statement/press release about President Barack Obama wherein it was stated that he is a “natural-born American citizen.”
I request the opinion letter referenced above whether it was prepared as a formal Opinion Letter under Haw. Rev. Stat. 28-3 (and/or any other authority) or as an informal letter if prepared under Haw. Rev. Stat. 28-4 (and/or any other authority).


Please have your response conform to the OIP administrative rules.


A few hours later he received the following response:


Subject: Re Request for Ag Opinion letter
From: “Jill.T.Nagamine@hawaii.gov”
To: “Leo Donofrio” [email redacted]


Dear Mr. Donofrio:
No formal (emphasis added) attorney general opinion was generated relating to the July 27, 2009 public statement made by Chiyome L. Fukino, M.D. Any other legal advice rendered to our clients is privileged communication. We have nothing to release based on your request.


Very truly yours,
Jill T. Nagamine
Deputy Attorney General
State of Hawaii


With all due respect to Ms Nagamine, this response is disingenuous in the extreme. First, Mr. Donofrio asked for all formal and informal communications. Under the law, the state has to release this information once any part of the resulting decisions are publically released, which happened on July 27th with Director Fukino’s Press Release, and again on July 29th When Janice Okubo informed Mr. Riggs that the Attorney General approved the statement. Second, Ms Nagamine’s response states that the informal communications are attorney client privilege, where none exists.

According to OIP Opinion letter 91-23, the conclusions of an informal Attorney General opinion made public by the agency or client (The Department of Health) the accompanying record of that opinion must be made public.



A client cannot voluntarily and selectively disclose those portions of a communication between the client and the client’s attorney without forfeiting the right to keep other portions of the communication on the same subject matter privileged.


The privilege may be said to be waived when the client relinquishes its protection. The waiver of this privilege follows as a consequence from any conduct by the client that would make it unfair for the client thereafter to assert the privilege. See generally, Marcus, The Perils of Privilege: Waiver and the Litigator, 84 Mich. L. Rev. 1065 (1986)


Similarly, under Rule 510 of the Uniform Rules of Evidence, the holder of a privilege waives it if the privilege holder consents to the disclosure of “any significant part of the privileged matter.”



The response of Ms Nagamine is very clearly not addressing the informal communications between Director Fukino and the Attorney General. By law, the public has the right to see any communications between these two parties once the client, in this case the Department of Health, publically releases the conclusions reached through those communications.

Donofrio is currently filing an appeal with the OIP, and the Judiciary as well. Because of the nature of the law involved, Donofrio will get that judicial review in an expedited manner.

The State of Hawaii will soon be forced to reveal the information it used to declare Barack Obama a Natural Born citizen. This will be very interesting, considering Obama’s Father was a British Citizen. therefore Barack Obama Jr is also a British Citizen, and was at birth by the very nature of his parentage.

Barack Obama, by legal definitions going back to the 1600’s is not, was not, and never has been a Natural Born Citizen. It does not matter where Barack Obama was born; he was a dual American/British/Kenyan citizen. He could have been born on the steps of the Lincoln Memorial in Washington D.C. itself, and it would not matter. The basic fact of Barack Obama’s parentage remains the same. A Dual Citizen cannot ever be a Natural Born Citizen.

There is absolutely no doubt.

There is an Usurper in the White House, and his name is Barack Obama. He and those who aided him in this usurpation, including the DNC are guilty of Treason to the United States. Every law that has been passed, every treaty signed, every order issued to the military has zero legal weight.

This leads to a singularly terrifying reality that must be dealt with. The United States does not have a constitutional government.

This is the reason the Democrats in Congress are pushing things through as fast as they possibly can, without reading and in the case of the Senate even writing the legislation they are voting on. Once it becomes public knowledge what the Democrats and the DNC have done in their fraud upon America with Barack Obama, they will not be able to get anything done. Rightly so.

This is a scandal and cover-up 100 times the size of Watergate. This time, it won’t be just a President resigning in disgrace, it will also be the DNC Leadership who will be under the criminal investigation microscope for the cover-up, and it is a scrutiny they cannot withstand.

This is the reason Barack Obama is doing everything he can to keep people focused on the irrelevant issue of his birth certificate. He would rather people be thinking about where he was born rather than the citizenship that was conferred upon him by his British father.

The smoke and mirrors have cleared. This is no longer a partisan issue, partisan issues are reserved for constitutional governments, which we do not have. There is only those who understand the peril we are in, and those who do not, and we are all Americans.

Now, what are we going to do about it?


For more info: Hawaii Department of Health press release, Natural Born Citizen, Haw. Rev. Stat. 28-4, Hawaiian Office of Information Practices, OIP Opinion letter 91-23

For more info: Hawaii Department of Health press release, Natural Born Citizen, Haw. Rev. Stat. 28-4, Hawaiian Office of Information Practices, OIP Opinion letter 91-23