September 16, 2015

©2015 jbjd

Donald Trump obviously knows a little about federal election law. After all, he finally managed to file papers with the Federal Election Commission (“FEC”) to begin collecting money and run for President of the United States on June 22, 2015. DONALD J. TRUMP FOR PRESIDENT, INC. But he was talking about running for President back in 2011. As a Republican. He even hinted back then, if he lost the Republican primary, he might run as a 3rd party candidate. Is Donald Trump Serious About a 2012 Run for President?  Ultimately, he decided not to run in 2012. Or in 2000, or 1988.

Point is, if Mr. Trump is intellectually (and fiscally) competent to be our President, surely he understands the connection between filing papers with the FEC and conducting a campaign. It’s simple: in order to accept donations and turn them into campaign expenditures, including paid political advertisements; a candidate for President must first file papers with the FEC, which monitors the financial transactions. Sounds simple to me. Then, when President Obama filed his nomination papers on April 4, 2012, and began collecting and spending money for his renomination; why did Trump insist the timing of those campaign expenditures resulted from his – Trump’s – ongoing prodding, and were not just run-of-the-mill paid political advertisements? Why didn’t he take advantage of the opportunity he had, by virtue of his ‘bully pulpit,’ to educate the general public about some of the inner workings of the political process?

A few years ago, I wrote a column entitled TRUMP to LEMMINGS: DO NOT LOOK BEFORE you LEAP! (copied below, for your convenience) in which I detailed support for my opinion, Trump is just another snake-oil salesman, distinguished from Obama only by the color of his skin (and whatever is his latest party designation).

I haven’t changed my mind. Donald Trump is either too stupid to be President; or too sinister. Take your pick.


My mind is a terrible thing to waste.



©2012 jbjd

Today, in a calculated display of hubris rivaled only by a production spawned from President Obama’s re-election campaign, Donald Trump has unveiled his much touted October “bombshell“: a “deal” to entice Mr. Obama to produce both his college and passport applications and records. Trump promises that jumping through this hoop “by October 31,” and “to my satisfaction,” and “if it’s complete,” will yield a check for $5,000,000 to Obama’s designated ‘charity.’ (I put the word ‘charity’ in single quotes because in addition to listing a well known outfit like “American Cancer Society”; he lists not only the umbrella enterprise of “AIDS research”; but also the generalized category “inner city children in Chicago.”) He couches his request in terms of acting on behalf of the people, to end their “questions” and “anger.” Yes, he knows that the President will be doing a “great service for the country” by allowing them to “know something about their President.” In short, by releasing the documents Trump mentioned, the President suddenly will “become transparent.”

Of course, some of us know, no “thing” coming out of this dog-and-pony show will inform anyone where Barack Obama was born.

For starters, notice that Trump qualified his reference to Obama’s “long-form birth certificate” by adding (after an obvious pause) “or whatever it may be.” It’s the “whatever it may be” which should have been the tip-off, Trump is wearing his circus barker hat. Why do you suppose he is ‘hedging his bets’ as to the ‘document’s’ authenticity?

As I explained in SHE SAID / HE SAID: SCRIPTING the 04.27.11 LAUNCH of PRESIDENT OBAMA’S LONG FORM BIRTH CERTIFICATE back on April 1, 2012 (and other articles linked therein), what was released on April 27 was the political ad campaign conceived, executed, and launched by the President’s re-election campaign, the contents of which were fully protected by the 1st Amendment’s prohibition on restrictions on political speech. Featuring the image of the mock-up of a long-form birth certificate, the ads ran on internet sites such as (Emphasis added.)

Do you suppose that Mr. Trump, in April 2011 still a possible contender for the Presidency; doesn’t recognize a political ad campaign when he sees one?

Trump asserts he forced the President’s April 27 release of this advertising image: “I’m very honored to have gotten him to release his long-form birth certificate…” Presumably, he means, in a desperate attempt to quell doubts as to the President’s birth status which have swirled unabated for more than 3 years, since the primary in 2008; it was his – Trump’s – many references to concerns as to whether Mr. Obama is a natural born citizen, uttered as a (pseudo) Presidential candidate in the spring of 2011 which compelled the release of the document at this particular time. (Again, crediting the release of the certificate – “or whatever it may be” – to the President, as opposed to correctly attributing the release to the President’s re-election campaign, cannot have been an innocent oversight.) But, of course, Trump had no more to do with either the substance or the timing of the April 27 appearance of the long form image; than any of the other millions of Americans challenging the narrative of Obama’s birth and demanding some sort of documentation. In fact, its release was triggered by the formal announcement of the President’s re-election campaign 3 weeks earlier, on April 4, and the accompanying mandatory filing with the FEC which then allowed the solicitation of funds in his name by the newly formed re-election campaign, funds which the campaign immediately translated into expenditures on political advertising such as the long-form ad. In other words, it was the official (read, legal) kick-off of the President’s re-election campaign which provided the first opportunity to address what were ongoing eligibility issues that could jeopardize his re-election. (The formal kick-off of the President’s campaign was also accompanied by previously scheduled events associated with the re-election campaign, including a stint on Oprah and a major NY fundraiser, also on the 27th. Id.)

SHE SAID / HE SAID contains not only a lucid (albeit lengthy) explanation of the long-form image as a campaign expenditure; but also references several other articles on the “jbjd” blog, dispelling the long-form myth, including  HOW to WRITE SMART CANDIDATE ELIGIBILITY LAWS in your STATE (and make applying to get on the ballot harder than applying to get into Harvard), which points to the lethal problems associated with allowing candidate ‘self-authentication.’ Indeed, did you notice that Trump’s deal for Obama’s records never specifies who must transmit these records, or to whom these records must be submitted? And while he says, the documents must be “complete” and to his “satisfaction”; he never specifies, who will determine whether these criteria are met. Because he knows better.

For example, during the recent Presidential debates; Obama verified the authenticity of some of his ‘facts’ by citing their source was “reporters.” What if these same “reporters” verify any forthcoming records? (See Pooh-poohing Pulitzer) And recall that Annenberg Political Fact Check staffers with no expertise in document authentication confirmed, the mock-up of the President’s Certification of Live Birth, and accompanying ad copy, were real. (See RUMORS, LIES, AND UNSUBSTANTIATED ‘FACTS’) Assuming she is being sincere in this heated exchange with John Sununu from the Romney campaign; Reporter Soledad O’Brien is only one of millions of Americans who still wrongly believe, what APFC says must be true.

UPDATE 09.17.15: The original video is no longer available. In its stead, here is a link to a page explaining what happened between Ms. Soledad and Mr. Sununu on CNN; and points to the recent metamorphosis to the ‘factcheck’ URL.

In sum, Donald Trump knows better than to contend that any ‘documents’ forthcoming through this publicity stunt will increase the knowledge of the American people about the circumstances of our President’s birth; or diminish our ire at what many of us feel is a con. On the contrary; by failing to take advantage of media opportunities like this, to educate the public that, legally, the April 11, 2011 long-form release by the Obama re-election campaign was only part of a political ad launch; and worse, by cynically encouraging the Obama campaign this opportunity to repeat that ploy; Trump only broadens the con, and exacerbates our ire.

Obviously, Mr. Trump thinks most Americans are as foolish as does President Obama.


My mind is a terrible thing to waste.


June 15, 2012

© 2012 jbjd

(continued from BUYER BEWARE BIRTHER BALONEY (1 of 2))

When we left off, Arizona Secretary of State Ken Bennett had received from HI the anonymous mailing he describes as his requested “verification in lieu of certified copy.” Now, he declared he was officially out of the business of 2012 Presidential candidate Barack Obama’s authentication – “They have complied with the request and I consider the matter closed.” – because the document proved Mr. Obama was born in HI, notwithstanding as many of us know, in fact, it did no such thing. Pulling defeat out of the mouth of victory, this declaration by a Republican Secretary of State arguably constitutes game, set, and match for the eligibility obstructionists.

Because now, despite the fact that we birthers know better; our detractors can rightly claim, the evidence is in: President Obama is a NBC. And they can justifiably dismiss as baseless any more challenges to his Constitutional eligibility by pointing to the fact, for the first time, a Secretary of State has proclaimed, based on word from HI; he is definitely a NBC. And, as a bonus, the SoS is a member in good standing of the Republican Party.

In general, any birther can be credited with this ignoble defeat who has focused on proving President Obama is Constitutionally ineligible for the job instead of either 1) challenging how anyone who swore he was eligible (in a state with ballot eligibility laws) knew he was a NBC; or 2) spreading the word, his campaign’s release of the COLB in June 2008 and the long form birth certificate in April 2011 were both part of a political ad campaign.

I have been warning you this could happen, ever since Orly Taitz corralled NH State Representative Rappaport into misapplying my ballot fraud principle; in this non-ballot eligibility state.

To: GregNH

Of course he dropped this. Because no NH law requires the candidate whose name appears on the ballot to be qualified for the job. When my work was stolen, the thieves joined together to apply my concept of election fraud to NH. Only, this was not an applicable state for the complaints of election fraud to the AG, filed in applicable states like HI, GA, MD, TX, SC, and VA. Plus, they took it to the SoS, a state constitutional officer with no jurisdiction into criminal matters but whose authority only extends to ruling on the validity of the ballot in NH according to NH law. Their charge? BO committed fraud when he signed the application to get his name printed on the Presidential primary ballot. Big mistake. Because charging him with fraud meant proving he lied. What I mean is, he knows whether he is a NBC. So, in order to go after him, you would have to prove, he lied. That’s why I went after anyone else who Certified he was a NBC, like Nancy Pelosi, or Boyd Richie. How did THEY know he was a NBC before Certifying he was, and sending that Certification to state election officials? By forging ahead with the concept they stole from me, these thieves almost blew our legitimate causes of action. What do you suppose would have happened if the NH SoS had ruled, there was no ballot fraud? (And there wasn’t, in NH.) The AG in TX, where there WAS fraud, could have said, ‘Well, the SoS in NH has determined there was no ballot fraud and so, as far as I am concerned, the case is closed.’ Thank goodness, all the NH SoS did was refer the complaint ostensibly lodged by the NH state Rep. – did you know he was a named Plaintiff in one of Orly’s cases? – to the AG, who would not touch it.

Stealing my work is not only wrong on its face; it is also subverting the mission of that work. My readers are (or are becoming) educated voters. They have read the articles on my blog and asked questions. They sent in their complaints understanding what they were signing their names to. There is no shortcut here. You have to put in the time to become an informed voter. At least, you have to know as much about the system as those who would use their superior knowledge to have power over your lives.

41 posted on November 24, 2009 13:01:39 by jbjd

Laurence Rappaportsays:

I am a State Representative in New Hampshire. On, I believe, November 20th, Representative Carol Vita, her husband and I spoke with Mr. Michael Delaney, the Attorney General of New Hampshire indicating our concerns regarding the eligibility of Barack Obama to be President of the United States. I had previously spoken with Mr. William Gardner, the Secretary of State of New Hampshire asking that he investigate. The contention with Mr. Delaney was that the Democratic National Party might have committed fraud upon the voters of New Hampshire. Both Mr. Delaney and Mr. Gardner declined. Mr. Delaney said he thought the matter was federal and that the complaint was a federal one. I would like to pursue this further, but while I certainly have the inclination, I have neither the financial resources nor the knowledge of how to do so. Consequently I would greatly appreciate advice of how to proceed. Thank you.

Laurence Rappaport: Welcome. I have advised anyone reading this blog, until you understand at least as much about this election process as those with superior knowledge who would subvert the process to gain power over you; you cannot make a difference.

I advise people who question BO’s Constitutional eligibility for POTUS to shift their focus away from him. He knows whether he is a NBC; but how does anyone else without access to the requisite documentation but who nonetheless swore he is Constitutionally eligible, know he is a NBC?

NH is an inapplicable state for the purpose of filing a complaint of election fraud with the state AG, against various members of the D party, for swearing to state election officials BO is Constitutionally qualified to be POTUS to get them to print his name on the ballot, before ascertaining whether he is a NBC. Only in states with laws requiring the candidates whose names are printed on the ballot, must be eligible for the job, can such conduct be construed as election fraud.

Please, read one of these complaints posted on the front of this blog. The applicable election law in each state is cited within the complaint. Note on the front of each complaint, the complainant makes clear, this complaint takes no stand on whether BO is a NBC. It only alleges members of the D party swore he was before ascertaining this was true as the prerequisite to getting his name printed on the state ballot. That’s election fraud. (In SC, this fraud also occurred in the primary. Because under SC law, unlike in NH, the party had to swear the candidates entering the Presidential preference primary were eligible for the job, too.)

Then read “THE END GAME” on this blog. See, those of us who are questioning the election of BO want a full vetting of his eligibility status, assuming that, if the facts establish he is not eligible then, Congress will move to impeach him. I had hoped these complaints would result in a ruling from a state AG that would be the impetus for Congress to act. Obviously, ‘educating’ even one member of Congress as to these issues could also work to spark such debate. But first, you have to know what you are talking about.

Come back with any questions about the materials. Good luck. ADMINISTRATOR

jbjd | November 19, 2011 at 3:40 pm |

… A long time ago now, with azgo’s help, I proved FTS and anything posted on that site legally constitute political advertising; and no identification document delivered by Obama (including by his lawyers) can be said to be “official.”; (See, for example, DE-CODER RINGS (1 of 2) and (2 of 2).)

  1. Continuing to focus on such minutia with the hope that, even catching Obama in a contradiction will alter the outcome of the 2012 election, appears to me to signal an intentional campaign to avoid altering the results. The only way to make Obama’s birth credentials count, is to enforce ballot eligibility laws, where they exist; and to draft new laws, where there are none. Also, laws must be passed requiring state Electors to elect only eligible candidates. (Nothing I am saying here is new.) In other words, challenge those people who swear he is eligible to get on the ballot, to tell you how they know. (Read and repeat…)

    Stop blaming everyone else for allowing Obama into office. …If you want to change things, stop bullying people into agreeing with your opinion and start working within the law. In NH, Obama complied with state election law. Even if he was lying when he took the oath. …Because as I pointed out on another thread, in NH, the law as written requires the election commission “shall” assume that any candidate fulfilling the requirements spelled out in law, such as taking the oath written in the law, has satisfied the legal filing requirements.

  2. Under NH law, all voting rights complaints must be filed with the state AG. So, the particular NH election officials (ballot commission) who refused to allow Orly’s complaint, were only doing exactly what they were required to do, by law, all unbridled protestations from the onlookers notwithstanding.
    In some cases, that is, where the matter is deemed not to be criminal, the AG can certify the complaint to be passed on to the ballot commission. But the first stop is the AG.

I had to bring my ongoing ballot eligibility work ‘underground,’ willing to limit its availability to the general public so as to protect its integrity. Because unscrupulous thieves misappropriated the work, in hopes of self-aggrandizement and, in so doing, invited defeats which reflected poorly on the quality of my work. But despite the necessity; restricting the publication of my current efforts necessarily reduced the efficacy of that work. Even so, as ‘evidenced’ by what happened in Arizona; unscrupulous charlatans have found another way to derail any sound ‘birther’ argumentation.

You cannot continue to support these swindlers who front for the eligibility industry but who (not surprisingly) don’t demand you understand how our government works; and, at the same time, insist, anyone who purports to be  working on these eligibility issues, deserves credit for supporting the “cause.”

P.S.  After months of intensive background work; we are about to launch another round of citizen complaints of election fraud, in one state. We might be too late to keep Mr. Obama’s name off the ballot; but we have plenty of time to get out the word, no documentary evidence available in the public record establishes he is Constitutionally eligible for the job.


Please support the work going on here at “jbjd.”


June 9, 2012

© 2012 jbjd

As if providing the facts that would drive the discourse of the 2012 election cycle away from fatuous fiction with respect to President Obama’s origins wasn’t sufficiently challenging; now, when he is turning the corner to what could have been a virtually guaranteed rejection of his bid for re-election, Constitutional huckster Sheriff Joe Arpaio -‘I never met a due process right I couldn’t deny’ – beguiled a duplicitous AZ SoS Ken Bennett into helping steer Mr. Obama over the finish line, aided and abetted in his siren song by his WND handlers, including Dr. Jerome Corsi; and a supporting cast of crazies.

The stated story line sounds simple enough. In lieu of a bona fide identification document generated by the issuing authority and conveyed directly to the AZ SoS;  Ken Bennett asked HI officials to verify vital information related to Barack Obama’s birth ( “verification in lieu of a certified copy” ) pursuant to Hawaii Revised Statute section 338-18(g), which allows such confirmation under conditions specified in the law. (The official HI DoH web site carries a downloadable request form; however, I have been unable to locate an image of Bennett’s original request to HI, either in ‘form’ form or, as a written narrative.)

As Bennett rationalized to Mike Broomhead on KFYI radio; he requested a verification in lieu of a certified copy because, while he believes President Obama was born in Hawaii – “at least I hope he was” – his “responsibility as Secretary of State is to make sure that the ballots in Arizona are correct and that those people whose names are on the ballots have met the qualifications for the office that they’re seeking.” He explained that after the press conference held by Sheriff Joe Arpaio and his posse, in which Arpaio stated, the long-form birth certificate posted on the web site “might” be fraudulent; people began contacting his office.  He had received about 1,200 emails from Arizona voters who are concerned about President Obama’s birth records, and felt it was his duty to follow up.

Or, maybe he asked HI to confirm Obama’s credentials, for the reason printed in the Arizona Republic. “I was just trying to put this thing to bed and agree to a constituent’s request, which I’m allowed to do” …”This is a constituent from Arizona, whom I work for.” Perhaps not surprisingly, he never named the constituent.

But neither explanation passes the ‘smell test.’ The only time that candidates for President are required to self-affirm their Constitutional qualifications is on the application to the SoS to appear on the Presidential preference primary ballot. (Most of us first saw this ballot application in 2008.) And the 2012 AZ Presidential preference primary went off without a hitch on February 28. As for the upcoming general election ballot, well, under AZ law; the Presidential nominee of the major political party is entitled to appear on the general election ballot.

MOST IMPORTANTLY; NO LAW IN AZ REQUIRES THE PRESIDENTIAL CANDIDATES TO BE CONSTITUTIONALLY ELIGIBLE FOR THE JOB IN ORDER TO HAVE THEIR NAMES PRINTED ON EITHER THE PRIMARY OR GENERAL ELECTION BALLOT, ANYWAY! And no law in that state requires Electors to vote only for Presidential candidates who are Constitutionally eligible for the job. In other words, Bennett had no duty to determine Mr. Obama’s Constitutional eligibility!

Besides, people have been asking S’soS in all 50 states, including AZ, to verify Obama is a NBC, since 2008.  Why confront HI now? Rather, what makes sense is that Bennett is pandering to the fringe, believing this will help his presumed gubernatorial bid in 2014. In his present position as Secretary of State; he would have better served the citizens of AZ had he understood the difference between a bona fide identification document generated by the issuing authority (DE-CODER RINGS (1 of 2) and (2 of 2)) and a paid political announcement; and explained this difference so as to inform the voters (to say nothing of the disservice to the state’s campaign for presumptive R Presidential nominee, Mitt Romney, for whom he is co-chair).

Now, back to the dance of deception between state officials of both states…

Officials from the Offices of the HI AG and the Department of Health began corresponding with Mr. Bennett so as to establish whether he had a legal right under HI law to the verification requested. If so; then, they would provide the requested verification. TPM (Talking Points Memo) obtained this correspondence from HI through a public records request (based in HI law). Reading the exchange; it appears that HI asked SoS Bennett to prove it satisfied one of the exceptions listed in their law for breaching the confidentiality of vital records; and Bennett, try as he might, could not reach the level of exception. Indeed, the last letter from HI makes clear, he had not established to their satisfaction, his right to obtain such verification. Nevertheless, immediately thereafter, they transmitted that “verification in lieu of a certified copy,” a mere 8 (eight) weeks after he first asked HI – using whatever form – to provide this verification.

Even if you knew nothing else about the laws impacting the exchange – ballot eligibility; campaign expenditure (political advertising); what constitutes a bona fide identification document generated by the issuing authority – this providing such verification despite expressing these reservations, with no intervening ‘change of heart’ evidenced in their communication; should have signaled, ‘something fraudulent this way comes.’

But then there was this…

Obviously, requests to HI for information about Barack Obama have burdened their state agencies. HI Deputy AG Nagamine sent Bennett a “link is to the Department of Health’s website that was created in response to the high volume of inquiries about the President’s birth certificate. It includes the press releases issued by Dr. Fukino, the former Republican-appointed Director of Health. ttp:// Bennett acknowledges her claims of disruption. “I understand your client’s initial trepidation in responding to this request given the significant amount of email, fax and phone call traffic that this issue has spawned. My office too has received numerous constituent requests and I agree with Director Fuddy’s assertion in her letter of April 25, 2011 that the sheer volume of inquires has “been disruptive to staff operations and have strained State resources.”” Id. (Of course, readers of “jbjd” know better than to credit anything credited to Ms. Fukino concerning the so-called ‘facts’ of Obama’s life. They would likely notice, these links to Fukino’s statements contain the disclaimer, ‘no other documentary evidence supports these statements were  made.’


So, given the notoriety of a request from a state SoS to verify President’s Obama’s bona fides; and, given the burden imposed on HI offices as the result of similar requests for such verification; and, given this opportunity to (perhaps) once and for all end all such Obama-related requests to HI for authentication; one could rationally expect to see the signature of an official employed by the HI DoH on the bottom of the issued documentation. If so then, one would be wrong. Because for reasons which can only be speculated; whoever actually signed that letter is anonymous, leaving behind only what appears to be his or her initials. (Maybe someone can submit another request to HI using the public records laws, to learn the signer’s real name.)

Nevertheless, notwithstanding these obvious fatal faults with the legitimacy of this ‘verification in lieu of a certified copy’ process; several media outlets have touted the production by the anonymous HI signatory as ‘proof’ of President Obama’s  Constitutional eligibility for office. That is, this confirms his HI birth. Oh, sure, it does no such thing. But that has not stopped such claims; and it serves Bennett and the bumbling Birthers who incited his quest, right.

(continued in BUYER BEWARE BIRTHER BALONEY (2 of 2)


Please support the work going on here at “jbjd.”


April 8, 2012

© 2012 jbjd

In the first 3 articles in this series, 1) WHY PRESIDENT OBAMA WAITED until APRIL 27, 2011 to RELEASE a FACSIMILE of his LONG FORM BIRTH CERTIFICATE; 2) WHY PRESIDENT OBAMA RELEASED the LONG-FORM IMAGE of his BIRTH CERTIFICATE in PDF versus JPEG; and 3) SHE SAID / HE SAID: SCRIPTING the 04.27.11 LAUNCH of PRESIDENT OBAMA’S LONG FORM BIRTH CERTIFICATE we distinguished between the public versus private aspects of the 2011 launch of President Obama’s long form birth certificate advertising campaign, including peeking at the roles played by the various actors identified as participating in the rollout, recognizing when these ‘officials’ wore their public (official) versus private hats.

We left off with the press gaggle that was hastily convened in the WH Briefing Room early on the morning of April 27, 2011, to discuss the release of the image Communications Director Dan Pfeiffer explained at that time was a/the long form birth certificate. (This is not say, the gaggle was hastily planned. As I pointed out previously, Pfeiffer handed out these documents on the 27th as part of the official press launch of the long-form ad campaign, which was followed this same day with an interview on Oprah, in Chicago, with security laid out well in advance by the Secret Service; and culminating with evening fundraisers, by invitation only, in NY. ) (Notice I said, Pfeiffer referred to the document as a long form birth certificate. If you review the gaggle exchange, you will see, he never explicitly said this long form birth certificate was “the President’s long form birth certificate” or “his long form birth certificate.” On the other hand, he once refered to that COLB posted in 2008 as “his birth certificate.” Does this mean that certification posted on FTS in June 2008 really began as an actual vital record received by the campaign (in 2007) from the issuing authority, that is, the HI DoH, which was then doctored appropriately so as to conceal from the public the information they – the campaign – wanted to hide? Or did Pfeiffer just misspeak?)

Some aspects of this public/private dichotomy seemed more obvious than others. For example, recall that we were informed the (alleged) trip to HI to retrieve the document was made by Ms. Corley, the President’s private attorney, and not WH Counsel Bauer; and was paid for not by public funds (meaning, it was paid for by the campaign). Based on conduct on display at the gaggle, it was easy to see that Mr. Pfeiffer was ‘officially’ speaking on behalf of the President’s campaign, and not as a member of the staff of the Executive office. That is, when the conversation concerned questions directed specifically to the long form document purported to reflect the vital record of the President’s birth; it was deliberately steered to him, as opposed to Mr. Bauer or Mr. Carney. (Plus, as I further pointed out; the campaign communications person is often brought in-house to manage his client’s political message after the election. And I noted that his job required no Senate confirmation, implying he didn’t ‘owe’ the government anything, like fealty to the Constitution; rather, he served at the pleasure of the President.) On the other hand; as I noted, Mr. Bauer’s job as WH Counsel was to protect the (Office of the) President as well as members of the Executive staff, from legal liability, Otherwise, his presence at the press gaggle could not be rationally explained. (Spelling out to reporters the difference between a long form birth certificate and a certification does not require the expertise of a WH Counsel who wrote the book, literally, on campaign finance laws.)

But our previous analysis didn’t do justice to either Loretta Fuddy, Director, HI Department of Health; or President Barack Obama, without whose complicity the campaign never could have pulled this off. In this 4th article in the series, we will examine this public/private dichotomy focusing on Ms. Fuddy (and her immediate predecessor at the HI DoH, Ms. Fukino), honing in on when the conduct of a public official is ‘officially’ part of the job.

The correspondence between Mr. Obama and Ms. Fuddy was intended to add credibility to the sham that the President had really released his long form birth certificate. (Did you know that Ms. Fuddy’s nomination by Governor Abercrombie to the position of Director had only been confirmed on March 27, 2011, less than 2 weeks before Obama officially (publicly) announced his 2012 re-election campaign?) On April 27, 2011 Pfeiffer distributed copies of what he said were those letters, to the press; and he posted a link to these documents on (But recall that the image of the long form birth certificate was fully displayed directly on the page.)

But even assuming the original version of Ms. Fuddy’s correspondence was ‘real’; did her statements therein constitute an official state proclamation of the President’s place of birth? For example, would her seal of approval posted on the internet per se mean to a court of law, for example, (or a state election official) he is who he says he is? Not hardly.

One way to determine whether an utterance by someone holding public office is ‘official,’ is to examine whether the statement is made pursuant to an official function of the job. For example, do Hawaii Revised Statutes authorize the Director of the HI DoH to personally inspect the contents of vital documents of an identified individual contained in files that office is required to maintain? Do they authorize her to publicly pronounce her opinion as to the authenticity of the information contained in a personal record preserved in her care? The answer emphatically is, no. And you can get to this result in any number of ways, including these: find the law that specifically authorizes her to carry out the act; or, in the alternative, the law that prohibits it.

First, here is the law establishing the Office of the DoH (enabling statute), headed by a single executive, the Director. Generally, this requires the department to “administer programs designed to protect, preserve, care for, and improve the physical and mental health of the people of the State.”  Nothing there about personally verifying those records as authentic or, publicizing that verification. But the privacy and confidentiality rights of the subjects of records kept by the Department, are covered by Hawaii Revised Statutes §338-18  Disclosure of records. Know where I got this link? On the HI DoH web site, in a page entitled Frequently Asked Questions about Vital Records of President Barack Hussein Obama II. (Well, technically, I found only the citation to the law, which was not linked to the actual law.)

Yes, I linked to the HI DoH web site, to the section above and another entitled “About Vital Records.” All the information needed to establish that statements such as the ones attributed to Director Fuddy (and Fukino before her), mean absolutely nothing when it comes to confirming the facts of Mr. Obama’s place of birth, is right there in front of your eyes, like a neon sign flashing, FRAUD. Because even assuming those statements attributed to Ms. Fuddy were actually made by her; under HI law, only Mr. Obama, the supposed subject of those records, has the right to reveal those statements publicly. Ms. Fuddy not only isn’t authorized to make statements with respect to the accuracy of Obama’s personal records; but, she isn’t authorized to breach his privacy rights. And that’s probably why, if you look closely, you will see, she did not. Rather, Mr. Obama did. She only referenced his prior remarks.

Did you catch that opening line?

On April 27, 2011 President Barack Obama posted a copy of his original Certificate of Live Birth.

And, this is the truth. The ‘bullets’ underneath the main heading on the HI DoH site link to documents which, while stored on the HI DoH server; per the lead, were first posted by the Obama campaign, with the exception of the bullet linking to Mr. Obama’s purported long form birth certificate, which is linked directly to the server. (This only makes sense, because under the HI UIPA, an image like that long form birth certificate appearing on the site would be subject to mandatory disclosure under a public records request.) If you click on the links from either the or the web sites, this opens the actual PDF files into your browser window. If you then right-click your mouse within the PDF file (environment) and select “document properties” from the pull-down menu, you will see the time that these documents were created and subsequently posted to their respective websites. You will see, the documents were posted on a little after noon, EDT, beating the HI links to those documents, posted at around 8:30 AM HST, by about 4 hours. (For those keeping track, D.C. on EDT is 6 hours ahead of HI on HST. )

In other words, even assuming Director Fuddy wrote her letter to Obama on April 22; she didn’t post links to that letter (or to any other documents associated with that letter) on April 22, April 23, April 24, April 25, or April 26. Instead, she waited until April 27, after Pfeiffer handed out copies of that letter to the press; and after he posted links to those documents on the web site, before she posted that letter on the HI DoH web site. And that only made sense, since she couldn’t have provided links to these documents on her web site before they were created on the site.*

*Here’s something else funny I noticed. The letter from Judy Corley which is posted on the HI DoH site and appears on the HI DoH server; displays a code ostensibly reflecting the document billing and retrieval system of Perkins Coie. (It’s on the bottom left side.) Presumably, that code links to a file marked “Obama Campaign 2012.”

But here’s the thing. While this code can be seen quite clearly on the HI DoH site; the same letter posted on, which appears on the server, shows a code so fuzzy it cannot be deciphered. Notwithstanding my general reluctance to speculate absent any evidence; I did think about the underlying rationale for this distinction, and came up with this.

The Obama campaign provided the HI DoH with the PDF of Ms. Corley’s letter to be stored on the HI DoH site and linked directly back to their blog, so as to provide the documents posted on the HI DoH web site with the ‘appearance’ of official HI pronouncements on the subject. Then, at some point after these documents were sent to HI; I imagine someone on this end, that is, in D.C., figured the log code for Perkins Coie was too easily traced by, say, an over-zealous filing clerk or, even a hacker! So, on the blog, they made sure to post an obliterated log code. But for some reason, the PDF which had already been uploaded onto the HI server, was not replaced.

In addition to visual clarity, there is also this difference in those Corley letters: the PDF of that letter stored on the HI server, shows no hole-punch at the top, whereas the PDF stored on the WH server contains the 2-hole horizontal marks indicative of stored legal correspondence. I couldn’t help thinking, when the WH team determined to obliterate the legal code at the bottom; in an attempt to maintain the ruse that this was a legal letter from Corley to Fuddy, they copied the legal correspondence physically fastened in the file. In this way, it retained the ‘look’ of a real legal document which it was, part of the Obama 2012 campaign; while maintaining the element of untraceability.

But if these facts don’t convince you that, except for certifying Obama posted statements attributed to the HI DoH with respect to his long form birth certificate, the HI DoH has certified nothing; just read the Disclaimer at the bottom of their web page!

Let me repeat part of the “Disclaimer of Warranties”:

This WEB SITE is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, the State of Hawai‘i, including each agency, officer, or employee of the State of Hawai‘i, disclaims all warranties, expressed or implied…with respect to this WEB SITE…In addition, neither the State of Hawai‘i nor any agency, officer, or employee of the State of Hawai‘i makes any representations, guarantees, or warranties as to: (1) the accuracy, completeness, currency, or suitability of the information provided via this WEB SITE; (2) the use of or the results of the use of this WEB SITE; and (3) the accuracy, reliability, availability or completeness or usefulness of the content of web sites created and maintained by persons other than the State of Hawai‘i and linked to or from this WEB SITE.

In sum, just because something is posted or linked to on the HI web site does not mean, it is the truth.

And now, a note about Ms. Fuddy’s immediate predecessor, Ms. Fukino.  The present HI DoH web site also contains 2 links to “all past statements by the Health Director.” Both of these links lead to statements made by Ms. Fukino. Here is the statement she made in October 2008.

Again, I want to call your attention to 2 items. First, notice this release originates with the HI DoH and not the office of the Governor, notwithstanding Ms. Lingle’s name and title are mentioned in the header. Second, pay attention to Ms. Fukino’s disclaimer at the bottom:

“No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawai‘i.”

In other words, she is assuming all legal liability for ‘talking out of school,’ that is, making a public statement about Mr. Obama’s records not otherwise allowed by law. So, why would she put herself in what might appear on its face to be a legally untenable position? Who knows. Paraphrasing the words attributed to her successor, maybe it’s because “inquiries [to the HI DoH for Obama’s birth documents] have been disruptive to staff operations and have strained State resources.” Or maybe it’s because, the only person with standing to contest her apparent breach of privacy is the subject of the record, Barack Obama. And, surely, he is not about to attack the proverbial goose that laid the golden egg, least of all one month before the 2008 general election.

(I have to stop here. But try this exercise yourself. As I said, Governor Abercrombie issued a press release on April 27 accompanying the press launch, announcing Ms. Fuddy had done the deed of authenticating HI’s native son, repeating the party line. Does this mean, he is officially verifying Ms. Fuddy’s prior verification? I will post the best responses.)

(I also want to thank kjcanon for her editing assistance, without which this article was too bogged down to post.)


Freedom costs.


April 1, 2012

©2012 jbjd

This is third in the series of articles addressing the legal nature of that long form birth certificate purporting to establish President Barack Obama’s Hawaiian birth, released on April 27, 2011 in the form of both electronic images which were posted on the blog and, hard copies (of those same images) which were distributed to reporters. (This is all spelled out in the first 2 articles in the series, WHY PRESIDENT OBAMA WAITED until APRIL 27, 2011 to RELEASE a FACSIMILE of his LONG FORM BIRTH CERTIFICATE and WHY PRESIDENT OBAMA RELEASED the LONG-FORM IMAGE of his BIRTH CERTIFICATE in PDF versus JPEG, which are meant to be read before tackling the present post,) But the article I originally had in mind to follow these 2 required re-thinking when I received an email from azgo suggesting that “by reading the ‘jbjd’ blog, [the Obama campaign] devised the [long-form birth certificate] scheme to make it look like the image came directly from HI; per our conversations [on this blog] about how state election officials should receive birth records directly from the state in which the candidate was born.” That got me to thinking. So, I looked for any articles referencing the distinction between a real identification document and a fake; which were posted here on “jbjd” before the 2012 re-election campaign launch in April 2011.

azgo could be right.

On January 3, 2011, I posted DE-CODER RINGS (1 of 2), which confirms that under the U.S. Code, images such as Barack Obama’s COLB appearing on his web site “Fight the Smears,” satisfy the expenditure disclosure requirements of an electronic political advertising campaign. Here is an excerpt from that post.

Here is just a partial index for TITLE 2 > CHAPTER 14 > SUBCHAPTER I, dealing with federal campaign funds.


  • § 441d. Publication and distribution of statements and solicitations
(a) Identification of funding and authorizing sources

Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any person makes a disbursement for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, or solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising or makes a disbursement for an electioneering communication (as defined in section 434 (f)(3) of this title), such communication—
(1) if paid for and authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication has been paid for by such authorized political committee, or [1]
(2) if paid for by other persons but authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; [1]
(3) if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state the name and permanent street address, telephone number, or World Wide Web address of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate’s committee. (Emphasis added by jbjd.)

This was followed on January 12 by DE-CODER RINGS (2 of 2), which discussed the criminal implications of producing and distributing electronic images, such as that COLB, on campaign sites; but pretending, these are ‘the real thing.’ Here is a snippet from that article.

Here is just a partial index for TITLE 18 > PART I (CRIMES) > CHAPTER 47, FRAUD AND FALSE STATEMENTS.  (We will only use Part 1 for this analysis but here is a link to Part II, FYI.  PART II—CRIMINAL PROCEDURE (§§ 3001—3771).)

But to answer the question concerning the legality of the  FTS COLB under the U.S. Code, we will be concentrating primarily on section 1028.

§ 1028. Fraud and related activity in connection with identification documents, authentication features, and information

(a) Whoever, in a circumstance described in subsection (c) of this section—

(1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document;

(2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority;

(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States;

(7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;

shall be punished as provided in subsection (b) of this section.

(c) The circumstance referred to in subsection (a) of this section is that—

(1) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document;

(2) the offense is an offense under subsection (a)(4) of this section; or

(3) either—

(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or

(B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.

(d) In this section and section 1028A

(1) the term “authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified;

(2) the term “document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement;

(3) the term “identification document” means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals

(4) the term “false identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals that—

(A) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and

(B) appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization;

(5) the term “false authentication feature” means an authentication feature that—

(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;

(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or

(C) appears to be genuine, but is not;

(6) the term “issuing authority”—

(A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and

(B) includes the United States Government, a State, a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;

(7) the term “means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any—

(A) name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number;

(C) unique electronic identification number, address, or routing code; or

(D) telecommunication identifying information or access device (as defined in section 1029 (e));

(9) the term “produce” includes alter, authenticate, or assemble;

(10) the term “transfer” includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others;

(11) the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and

(12) the term “traffic” means—

(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or

(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.

(f) Attempt and Conspiracy.— Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

On January 24, I posted HOW to WRITE SMART CANDIDATE ELIGIBILITY LAWS in your STATE (and make applying to get on the ballot harder than applying to get into Harvard). Here is an excerpt from that seminal article, in which I warn voters against accepting as true any candidate’s self-authentication to appear on the ballot. (This also contains a link to a comment in which I issued this same warning, more than 1 year earlier.)


I refuse to focus on BO to establish HIS OWN eligibility. On FTS, the web site he started and for which he paid before becoming the D Corporation nominee for POTUS; he posted the COLB he said is an official document, which proves he is eligible for POTUS. ADMINISTRATOR

2010/01/05 at 20:33

In other words, stop asking Obama or anyone acting on his behalf but not in an official capacity; to get the man to produce anything! And do not under any circumstances accept as true, any document or facsimile any of these representatives not acting as the “issuing authority” introduces and claims is real! 

Apparently, the usual “jbjd” readers hoping to hone their civics educations were not the only ones listening.

To see how that April 27, 2011 launch of the long form image of President Obama’s birth certificate conformed to these requirements of the U.S. Code with respect to campaign advertising and, at this same time, skirted criminal sanctions for document fraud; you can start by looking at the press gaggle that was held that morning. As no cameras or recording devices were allowed, I relied on this press release by WH Press Secretary Jay Carney, issued at 8:48 that morning and posted on the blog; to memorialize the scene. (Since I will only reference Mr. Carney’s release; after you read my article, I urge you to follow up by reading his, to see for yourself how the fact pattern spelled out in the U.S. Code, fits.)

Attending the early morning press gaggle were Carney; WH Communications Director Dan Pfeiffer; and WH Counsel Bob Bauer. First, a note about Mr. Bauer, who would leave that job in June 2011, 1 month after the long form launch.

President Barack Obama’s top lawyer at the White House, Bob Bauer, is quitting to return to his political law practice and represent Obama as his personal attorney and counsel to his re-election campaign….Bauer, a specialist in campaign finance, election law and ethics, is returning to the role as campaign counsel that he held when Obama ran for the presidency in 2008….

Bauer has been part of Obama’s circle since Obama was a freshman senator in Washington. He has long been a go-to lawyer for Democrats and is married to Anita Dunn, a Democratic operative who formerly served as Obama’s communications director…. He will also serve as counsel to the Democratic National Committee.

And this, from Perkins Coie.

Bob returned to the firm after a period of service to President Barack Obama as his White House Counsel from December of 2009 until June of 2011.  He is now General Counsel to the President’s re-election committee, to Obama for America, and General Counsel to the Democratic National Committee.

Now, from the gaggle. (My editorial comments appear in orange. These are not intended to be exhaustive; I could have colored the whole exchange! Besides, once you get the hang of interpreting ‘Obama-speak’; you will be able to de-construct these remarks, on your own.)


In 2008 (the copyright date in the in the footer of FTS is 2007), in response to media inquiries, the President’s campaign (in June 2008, U.S. Senator Barack Obama was only the D Party Presidential nominee wannabe; and the image posted on his FTS web site, which was clearly marked “PAID FOR BY BARACK OBAMA, per campaign expenditure laws) requested his birth certificate from the state of Hawaii.  We (the nominee’s campaign) received that document; we (the campaign) posted it on the website (FTS). That document was then inspected by independent fact checkers (lay staffers employed by Annenberg Political Fact Check), who came to the campaign headquarters and inspected the document — independent fact checkers did, and declared that it was proof positive that the President was born in Hawaii.

That essentially — for those of you who followed the campaign closely know that solved the issue.  We didn’t spend any time talking about this after that….There may have been some very fringe discussion out there, but as a campaign issue it was settled and it was —

Q    When you posted this did you post the other side of it where the signature is?


Q    Because it is not here and that’s been an issue.

MR. PFEIFFER:  We posted both sides and when it was looked at it was looked at by — the fact checkers came to headquarters and actually examined the document we had.

That settled the issue.  In recent weeks, the issue has risen again as some folks have begun raising a question about the original — about the long-form birth certificate you now have in front of you.  And Bob will explain why — the extraordinary steps we (the President’s 2012 re-election campaign) had to take to receive that and the legal restraints that are in place there.

But it became an issue again.  …  And the President believed that it was becoming a distraction from the major issues we’re having in this country. …  And it was really a distraction. … That really struck the President, led him to ask his counsel to look into whether we could ask the state of Hawaii to release the long-form certificate, which is not something they generally do. (It’s not clear to me from Pfeiffer’s reference whom the President asked to look into this matter, since he uses no names. It’s not even clear whether by “counsel” he meant, lawyer or advisor. But, technically, WH Counsel Bauer represents the Office and not the man and so, is properly referred to as “WH Counsel.”)* And he did that despite the fact that it probably was not in his long-term — it would have been in his — probably in his long-term political interests to allow this birther debate to dominate discussion in the Republican Party for months to come.  But he thought even though it might have been good politics, he thought it was bad for the country.  And so he asked counsel (again, I don’t know to which counsel this refers) to look into this. *(Here’s a good article on the sometimes murky role of WH Counsel. White House Lawyer Role Faces Test.)

And now I’ll have Bob explain that, and then we’ll take your questions.

MR. CARNEY:  I just want to — sorry, I meant to mention at the top, as some of you may have seen, the President will be coming to the briefing room at 9:45 a.m., making a brief statement about this — not taking questions, but just wanted to let you know.

MR. PFEIFFER:  And he will use this as an opportunity to make a larger point about what this debate says about our politics.

Go ahead, Bob.

MR. BAUER:  Early last week the decision was made to review the legal basis for seeking a waiver from the longstanding prohibition in the state Department of Health on releasing the long-form birth certificate.  And so we undertook a legal analysis and determined a waiver request could be made that we had the grounds upon which to make that request. (Based on several descriptions of the job responsibilities of WH Counsel; it is totally appropriate for him to advise the President as to the legality of his conduct.)

And by Thursday of last week, I spoke to private counsel to the President and asked her to contact the State Department of Health and to have a conversation about any requirements, further requirements, that they thought we (meaning, anyone associated with this ploy) had to satisfy to lodge that waiver request (and simultaneously avoid breaking the law).  She had that conversation with the state Department of Health on Thursday — counsel in question is Judy Corley at the law firm of Perkins Coie, (the law firm in which I was a partner before coming here and to which I will return shortly) and you have a copy of the letter she subsequently sent to the department with the President’s written request.

The department outlined the requirements for the President to make this request.  He signed a letter making that request on Friday afternoon upon returning from the West Coast.  And private counsel (presumably, he mean Ms. Corley) forwarded his written request — written, signed request — along with a letter from counsel (okay, I give up, I have no idea whom he means here), to the state Department of Health on Friday.

The department, as I understood it (plausible deniability here), after reviewing the law and reviewing the grounds asserted in the request, came to the conclusion that a waiver could be appropriately granted.  We (those of us perpetrating this fraud, excluding the President) were advised that the long-form birth certificate (mock-up) could be copied and made available to us as early as Monday, April 25th — the day before yesterday.  And we made arrangements for counsel to travel to Honolulu to pick it up and it was returned to the White House yesterday afternoon. (He keeps referring to the document as “it” but, in the letter provided to reporters, the President requested and received 2 copies of his long-form birth certificate, both certified.) (According to HI DoH instructions posted below, only 1 vital record per request!)

Let me emphasize again, there is a specific statute that governs access to and inspection of vital records in the state of Hawaii (as there is in every state)**.  The birth certificate that we posted online is, in fact, and always has been, and remains, the (facsimile of a) legal birth certificate of the President (or anyone else) that would be used for all legal purposes that any resident of Hawaii would want to use a birth certificate for (and which could be used for that purpose if appropriately presented, for example, if displaying the official seal or, unaltered in any way).

However, there is legal authority in the department to make exceptions to the general policy on not releasing the long-form birth certificate.  The policy in question, by the way, on non-release has been in effect since the mid-1980s, I understand.  So while I cannot tell you what the entire history of exceptions has been, (for effect, I will nonetheless speculate) it is a limited one. This is one of very few that I understand have been granted for the reasons set out in private counsel’s letter (id.).

MR. PFEIFFER:  We’ll be happy to take some questions.

Q    I guess I just want to make sure that we’re clear on this.  Even though this one says “certificate of live birth” on here, this is different than the other certificate of live birth that we’ve seen?

MR. PFEIFFER:  Yes.  The second page there is the one that was posted on the Internet.

Q    Okay.

MR. PFEIFFER:  And that is a copy of the one that has been kept at the Hawaii Department of Health.

Q    Okay.  And this is the one that would be referred to — that people have been asking for that is the birth certificate?

MR. PFEIFFER:  They are both — the second one is the birth certificate.  The one on the top is what is referred to as the long-form birth certificate.  As you can see — and Bob can walk you through it (again, doesn’t take a lawyer to explain this obvious difference between a certificate and a certification but it does add an official imprimatur to the ruse) — it contains some additional information that is not on the second page, which was the birth certificate which was released during the campaign.

If you could just explain the difference.

MR. BAUER:  There’s a difference between a certificate and a certification.  The certification is simply a verification of certain information that’s in the original birth certificate.  The birth certificate, as you can see, has signatures at the bottom from the attending physician, the local registrar, who essentially oversees the maintenance of the records.  It contains some additional information also — that is to say, the original birth certificate — it contains some additional information like the ages of the parents, birthplaces, residence, street address, the name of the hospital.

The core information that’s required for legal purposes and that is put into the actual certification that’s a computer-generated document, which we (the members of then U.S. Senator Barack Obama’s 2008 Presidential preference primary campaign) posted in 2008, that information is abstracted, if you will, from the original birth certificate, put into the computerized short-form certification, and made available to Hawaiian residents at their request.

So the long form, which is a certificate, has more information, but the short form has the information that’s legally sufficient for all the relevant purposes.

Q    This first one has never been released publicly, correct?

MR. BAUER:  That’s correct.  It is in a bound volume in the records at the state Department of Health in Hawaii.

Q    Bob, can you explain why President Obama let this drag on for four years?  Was it Donald Trump that prompted you to issue this?

MR. BAUER:  I’ll let Dan —


Q    I know you expected that question, right?  (Laughter.)
MR. PFEIFFER:  He even said you would be the one who would ask it.  (Laughter.)

I don’t think this dragged on for four years because this was a resolved — for those of you who remember the campaign, this issue was resolved in 2008.  And it has not been an issue, none of you have asked about it, called about it, reported on it until the last few weeks.

And as I said earlier, it probably would have been — a lot of the pundits out there have talked about the fact that this whole birther debate has been really bad for the Republican Party and would probably be good for the President politically.  But despite that, the President, as I said, was struck by how this was crowding out the debate, particularly around the budget, on important issues, and was an example of the sort of sideshows that our politics focuses on instead of the real challenges that we have to confront as a country.

And so that’s why he made this decision now, because it became an issue that transcended sort of this — it essentially was something that was talked about, as I said, from the nether regions of the Internet onto mainstream network newscasts.  In fact, Jay has been asked about this just yesterday in this room.

Q    So I guess the implication is that you did get political advantage by having not released this until today, over the course of the last four years?

MR. PFEIFFER:  There has been — no one that I can recall actually asked us to — we were asked to release the President’s birth certificate in 2008.  We did that.  And then no one — it never — up until a few weeks ago, there was never an issue about that that wasn’t the birth certificate from any credible individual or media outlet.  And it hasn’t been until — I mean, Jay was asked about this yesterday —

Q    When you say that, you mean certification — you released the certification?

MR. PFEIFFER:  When any Hawaiian wants — requests their birth certificate because they want to get a driver’s license, they want to get a passport, they do exactly what the President did in 2008.  And that’s what that is.  And we released that.  And that’s what any Hawaiian would do to release their birth certificate.  And that was good enough for everyone until very recently this became a question again.  And so the President made this decision.  He’ll talk to you more about his thinking on that.

Q    And this is going to sound — I mean, you can just anticipate what people are going to — remain unconvinced.  They’re going to say that this is just a photocopy of a piece of paper (since that is what this is), you could have typed anything in there.  Will the actual certificate be on display or viewable at any — (laughter.)

Q    Will the President be holding it?

MR. PFEIFFER:  He will not, and I will not leave it here for him to do so.  But it will — the State Department of Health in Hawaii will obviously attest that that is a — what they have on file.  As Bob said, it’s in a book in Hawaii.

MR. BAUER:  And you’ll see the letter from the director of the Health Department that states (“that” here refers to the letter, as in, “the letter states” and not, “the director of the Health Department states…”) that she oversaw the copy and is attesting to —

Q    But do you understand that this could quiet the conspiracy theorists?

MR. PFEIFFER:  There will always be some selection of people who will believe something, and that’s not the issue.  The issue is that this is not a discussion that is just happening among conspiracy theorists.  It’s happening here in this room; it’s happening on all of the networks.  And it’s something that, as I said, every major political figure of both parties who’s actually out trying to talk about real issues is asked about this by the media.  And so the President decided to release this.  And I’ll leave it to others to decide whether there’s still — there will be some who still have a different — have a conspiracy about this.

Q    You’ve got two certified copies, according to this study.  You have these physical —

MR. PFEIFFER:  Yes.  I showed you one.  Just one.

Q    You showed us a photocopy of one.

MR. PFEIFFER:  No, I showed you —

Q    Does that have a stamp? (Apparently, the copy distributed to this reporter did not.)

MR. PFEIFFER:  It has a seal on it.

Q    Why does this rise to the level of a presidential statement?

MR. PFEIFFER:  The President — this in itself — when you hear the President I think you’ll understand the point he’s making.  That will be in not too long.

Q    Did the President change his own mind about this?  In other words, was he advocating during the campaign let’s just put it out there and get it over with, or was this an internal shift in thinking based — in other words, was it the President who steadfastly during the campaign said this is ridiculous, I don’t want to give this any more ground, and has now changed his mind? Or is this the —

MR. PFEIFFER:  Let’s be very clear.  You were there for the campaign.  There was never a question about the original birth certificate during the campaign.  It was a settled issue.  (HA HA HA HA HA) I was there (in 2007)  for the original decision to release the birth certificate (if we couldn’t steal the primary before people began asking questions about the candidate’s Constitutional eligibility for office). I was there (in June 2008) when we posted it online (because questions about his eligibility threatened to kill his chances at the nomination).  I’m not sure I even knew there was an original one that was different than the one we posted online because it wasn’t an issue.  (Liar liar, pants on fire.) So it wasn’t like — let’s be very clear.  We were asked for the President’s birth certificate in 2008; we released the President’s birth certificate; and it was done.  That was it.

And so there hasn’t been a discussion about this other document for years.  It’s only been in the last few weeks.  And so to your second question, the President decided to do this and he’ll talk about this when he gets here — decided to do it at the timeline that Bob (Bauer, the campaign law expert and WH Counsel) laid out (so as to protect everyone involved in this farce from criminal liability) because it was a — this was a sideshow that was distracting from the real challenges that we’re facing.

It’s not just a sideshow for him; it’s a sideshow for our entire politics (meaning, our re-election campaign) that have become focused on this.

Q    Not to give Donald Trump more publicity than he has, but is he the person who sort of — sort of that bridge between what you’re calling a fringe and the mainstream?  Do you think that he’s the reason why this tripped the switch to a level where you now have to deal with something you thought was dealt with?

MR. PFEIFFER:  It’s not for me to say why mainstream media organizations began to cover this debate.  They’ll have to answer that for themselves.

Q    Dan, was there a debate about whether or not this deserved being discussed by the White House, whether or not — and I’m going back to the birth certificate.  I lose points, I understand.  But was there debate about whether or not this was worthy of the White House?

MR. PFEIFFER:  The point I’d make is that we weren’t the ones who — we’re not the first ones to bring this up in this room.  Jay has been asked questions about this; the President has been asked about it in media interviews.  And so that wasn’t a decision that we made, and the President made the decision to do this and he made the decision to — and when he comes down here this morning he’ll talk to you about why he thinks there’s an important point to be made here.

Q    Is there a concern that more and more people were actually starting to believe its sideshow — I mean, people have been asking about –MR. CARNEY:  I will let the President speak for himself, but what Dan was saying and I think is important is that the issue here is that the President feels that this was bad for the country; that it’s not healthy for our political debate, when we have so many important issues that Americans care about, that affect their lives, to be drawn into sideshows about fallacies that have been disproven with the full weight of a legal document for several years.

So, again, as Dan said, and a lot of political pundits have said, you could say that it would be good politics, smart politics, for the President to let this play out.  He cares more about what’s good for the country.  He wants the debate on the issues.  He wants the focus on the issues that Americans care about.

Q    Just quickly, back on the birth certificate, yesterday you said this was a settled issue.  So —

MR. CARNEY:  Well, as Dan said, again, it has been a settled issue.

MR. PFEIFFER:  From a factual point of view, it’s absolutely a settled issue.  But the fact that it was a settled issue did not keep it from becoming a major part of the political discussion in this town for the last several weeks here.  So there’s absolutely no question that what the President released in 2008 was his birth certificate and answered that question, and many of your organizations have done excellent reporting which proved that to be the case.  But it continued; the President thought it was a sideshow and chose to take this step today for the reasons Bob laid out.

Q    Aside from the policy distractions that was presented, did you have some concern because it was sort of reaching back into the mainstream news coverage that this could become a factor in the 2012 election with centrist voters?


Q    Just to clarify what this document is —

MR. PFEIFFER:  This is the — the letter first and the two certified copies — this is one of those.  This is the same thing you have a copy of as the first page of your packet.

Q    How did it get here?

MR. PFEIFFER:  As Bob said, it arrived by plane — the President’s personal counsel went to Hawaii and brought it back and we got it last night.

Q    Last night?

MR. PFEIFFER:  Last night.

Q    What time?

MR. PFEIFFER:  Between 4:00 p.m. and 5:00 p.m.

Q    When did you decide to do this gaggle?

MR. PFEIFFER:  What’s that?

Q    When was this gaggle put on — when was this planned?

MR. PFEIFFER:  Whatever time you received your guidance suggesting that it would be “this time tomorrow morning.”

Q    Are these letters supposed to demonstrate the legal steps that were involved in releasing it to the White House counsel?

MR. BAUER:  The letters that you have, the personal request from the President, along with the accompanying letter from private counsel, is merely meant to document the legal path to getting the waiver of that policy so we could get the long-form certificate (as opposed to documenting an actual path undertaken to obtain a bona fide waiver from Director Fuddy on the date in the letter, resulting in her office’s production of a facsimile of a record on file with her office, evidencing Barack Obama was born in HI).

Q    The waiver of Hawaii state government policy?

MR. BAUER:  Right.  The non-release of the long-form certificate, which has been in effect since the 1980s — a natural question would have been, well, what did you do to obtain the waiver, and those letters represent the request.

Q    Well, isn’t it true that anybody who was born in Hawaii can write this letter?  (Yes; of course.) I mean, that’s all there is to the waiver process?

MR. BAUER:  No.  Let me just explain once again because I also noticed, by the way, in one report already the wrong certificate was actually posted on the website.  The certificate with the signatures at the bottom — and that’s a key difference between the short form and the long form — the long form has signatures at the bottom from the attending physician, the local registrar, and the mother, is the original birth certificate, which sits in a bound volume in the State Department of Health.

The short from is a computerized abstract, and that’s the legal birth certificate we requested in 2008 and that Hawaiians are entitled to.  Since the mid-1980s, the State Department of Health, for administrative reasons, only provides to people who request their birth certificate the short form.  They do not provide the long form.

So in order for us to obtain the long form, we had to have a waiver (which, as you astutely pointed out, only required writing the letter requesting that waiver).  We had to actually determine that there was a legal basis for providing it, and then ask them to exercise their authority to provide us with the long form.  The steps required to accomplish that were a letter from the person with the direct and vital interest — the President — so you have a letter from the President (with no file reference code for document processing, archiving, or retrieval) , and then there was an accompanying letter from counsel basically formalizing the request.  (I cannot figure out the angle on that one. Obviously, unless the President, here, the Requestor of the Record, has been adjudged to be mentally incompetent and placed under the guardianship of Attorney Corley, he doesn’t need her to ‘formalize’ anything! Maybe Bauer is still trying to fool reporters into believing getting the waiver so as to obtain a certified copy of a long form birth certificate is a big deal. Ideas?) So the reason we included that is that those were legal steps we took to obtain the long form by way of this waiver.

Q    Do we have the letter from the President —

MR. BAUER:  It’s in the packet.

Q    And you went to Hawaii?

MR. BAUER:  I did not go to Hawaii.  The counsel, Judy Corley, who signed the — the President’s personal counsel at Perkins Coie, Judy Corley, whose letter — signed letter of request is in your packet, traveled to Honolulu and picked up the birth certificate. (Notice that now, he manages albeit awkwardly, to avoid saying either, ‘Ms. Corley signed the letter,’ or ‘Ms. Corley made this request to the HI DoH.’ Because saying that the President’s lawyer did these things is tantamount to saying, the President did these things. And as you just read, when it comes to the President and these long form shenanigans; the campaign, under the watchful eye of WH Counsel Bauer, is preserving a ‘hands off’ approach.) (434 (f)(3) of TITLE 2 > CHAPTER 14 > SUBCHAPTER I, DISCLOSURE OF FEDERAL CAMPAIGN FUNDS, is worth a read. While I didn’t use that section of campaign finance laws with respect to the FTS web site; it might apply here, to the cost of that campaign trip to HI to retrieve the campaign document. As for the gaggle being a “campaign communication,” well, since there is no record; and since otherwise ‘official’ topics were also discussed, by non-campaign staff; I am not sure what approach the DoJ would take for the purpose of determining whether illegal campaigning was going on from the WH.)

Thanks.END              9:18 A.M. EDT

** According to the web site of the HI DoH, here’s how to request certified copies of vital information.

How to Apply for Certified Copies of Vital Records

What Information You Should Be Prepared to Provide

An applicant/requestor must provide the information needed to 1) establish his/her direct and tangible interest in the record and 2) locate the desired record. This will normally include:

  • Applicant’s name, address, and telephone number(s);
  • Applicant’s relationship to the person named on the certificate;
  • Reason why you are requesting the certificate;
  • Full name(s) as listed on the certificate; (not provided)
  • The certificate’s file number (if known); (not provided)
  • Month, day, and year of the event; (not provided) and
  • City or town and the island where the event occurred. (not provided)
  • For birth certificates, also provide the full name of the father and the full maiden name of the mother. (not provided)
  • If you are applying for a certificate on behalf of someone else, you must provide an original letter signed by that person authorizing the release of their certificate to you and a photocopy of that person’s valid government-issued photo ID. (not provided)
  • Valid government-issued photo ID. (not provided)

(H/T azgo)

On the other hand, maybe all you want is a letter.

Letters of Verification

Letters of verification may be issued in lieu of certified copies (HRS §338-14.3). This document verifies the existence of a birth/death/civil union/marriage/divorce certificate on file with the Department of Health and any other information that the applicant provides to be verified relating to the vital event. (For example, that a certain named individual was born on a certain date at a certain place.) The verification process will not, however, disclose information about the vital event contained within the certificate that is unknown to and not provided by the applicant in the request.

Letters of verification are requested in similar fashion and using the same request forms as for certified copies.

The fee for a letter of verification is $5 per letter.

Either way, you can download an application form directly from the site.

Application Forms

Thus, summing up these first 3 articles in the series, by clearly identifying both orally and in writing, the ‘birth’ documents distributed at the press gaggle and displayed on the blog are part of the “campaign”; by explicitly stating no public funds were expended in obtaining these documents; by making sure that any ‘official (looking)’ seal from the HI DoH did not appear on copies of documents distributed to the public; by distributing the documents to the public but not to a government official under the guise, this was a bona fide representation of the ‘facts’ contained therein; and by separating the campaign function from the traditional function of the Executive branch; and by transporting the false document via airplane instead of the U.S. mail; President Obama’s team likely skirted criminal violations of both campaign expenditure and public records laws.

Or did they…

(The next article in the series focuses on President Obama’s remarks immediately following this press gaggle; and the nature of comments, both oral and written, with respect to the President’s vital records, attributed over time to state of HI employees.)


Freedom costs.


March 18, 2012

© 2012 jbjd

For my next few articles, I will focus on the elusive nature of paid political advertising campaigns. First, a riddle.

Why did President Obama wait until April 27, 2011 to release a facsimile of his long form birth certificate indicating he was born in Hawaii?

As you will see, the answer to each of these questions – why release and why release now – depends on whom you ask.

On April 27, 2011 Ben Smith at Politico posts this rationale he claims was emailed to him by a White House official (although, for some reason, Mr. Smith produces neither the name of the sender of the purported email nor an image of the email which was purportedly sent), answering both questions:

The day was chosen by when they provided it to us, it got here last night, so our belief was we had to do it today. Petraues et al is tomorrow’s announcement

I am not going to argue the politics of doing this are good — they probably aren’t. Allowing the GOP primary to devolve into birther mania probably would be better, but the president felt strongly that this was bad for the country

Why today?

That same day, John McCormack at the Weekly Standard, referencing Smith’s post, adds the following analysis:

Team Obama thought the “birther issue” was politically advantageous for them. By refusing to release the document, they gave the conspiracy theory just enough oxygen to keep it alive and make Republicans look crazy when asked about it by their constituents (obviously, the most die-hard “birthers” will summarily call the “long-form” certificate a forgery or find other excuses to keep their fevered dreams alive).

Why Did Obama Wait Until Today to Release His Long-Form Birth Certificate?

Huffington Post’s Sam Stein reported at 10:13 AM (ET) on the details of the birth certificate launch, but did not speculate as to the answer to either question:

The move came as a surprise to the press corps, many of whom had not shown up for Wednesday’s early-morning White House briefing. By the time word had spread that Obama would be making a 9:45 a.m. statement on the matter, however, the top anchors at all the networks had scurried into the briefing room.

Last Friday, the president himself wrote Loretta J. Fuddy, the director of health at the State of Hawaii, requesting “two certified copies of my original certificate of live birth.” Fuddy complied. Shortly thereafter, the president’s counsel, Judith Corley of the firm Perkins Coie, flew to Hawaii to pick up two copies of the form. The trip was not taxpayer funded but, rather, paid out of the president’s personal account. Corley returned on Tuesday at roughly 4 p.m. with the copies. The White House announced a “morning gaggle” for reporters shortly thereafter. One aide explained that they did not want to “hold” on to the documents for release on a later date.

Many members of the press confessed to being “stunned” as it became clear what was about to be discussed. White House press assistants handed out a six-page stapled packet of photocopies showing the new and old birth certificates as well as the White House’s legal correspondence with Hawaii’s Department of Health.

Obama Birth Certificate Released By White House (PHOTO)

Michael A. Memoli authored more than 1 article for the LA Times on that day. Here’s the one that, being more in line with the underlying theme of this (series of) article(s), most interested me:

Reporting from Washington — The White House released President Obama’s long-form birth certificate to reporters on Wednesday, an extraordinary step in reaction to renewed questions from critics about whether he was born in Hawaii.

The document also was posted on the White House website. President Obama is expected to speak on the subject from the White House briefing room later Wednesday morning. (Here, Memoli clearly indicates that, being a reporter, he received a copy of the President’s long form birth certificate and posted this article before the President spoke. But Sam Stein at HuffPo makes clear in the article he posted immediately after the President’s briefing room launch, that “top anchors at all the networks [who] had scurried into the briefing room” received both the President’s spin and the document he spun, contemporaneously. And that “members of the press [in the briefing room] confessed to being “stunned” as it became clear what was about to be discussed.”)

Amid questions during Obama’s 2008 run for the White House, his campaign released a certificate of live birth to verify he was a native-born citizen, a constitutional requirement of the office. (No; the Constitutional requirement is “natural born citizen”; and he released a “Certification,” not a certificate. It said so right on the mock-up.) So-called “birther” critics called the document insufficient, however, and conspiracy theories about the president’s birth have continued.

Administration officials said they felt compelled to release additional documentation because the continued “distraction” was harmful for the country.

“It may have been good politics and good TV, but it was bad for the American people and distracting from the many challenges we face as a country,” Dan Pfeiffer, White House communications director, wrote on the White House’s blog.

To receive the long-form document, the president personally sent a request to the Hawaii Department of Health. White House counsel Robert F. Bauer traveled to the state to retrieve it. (According to the blog, Attorney Judith Corley of Perkins Coie, traveled to HI for that purpose.)

The state of Hawaii has faced a regular barrage of requests for information about Obama’s birth, but privacy rules barred them from releasing the full birth certificate. The White House said the state granted this exception “in part because of the tremendous volume of requests they had been getting.”

The release comes on the same day that real estate mogul Donald Trump, who has put questions about Obama’s birthplace front and center in recent weeks, travels to New Hampshire as he considers a presidential campaign of his own. (More importantly, this release coincides with the President’s previously scheduled taping of the Oprah Winfrey Show, in Chicago, immediately after this press conference. Obamas Visit Oprah in Chicago Wednesday)

White House releases long-form Obama birth certificate

So, what is my answer to the riddle, why did President Obama wait until April 27, 2011 to release a facsimile of his long form birth certificate? Because both the purported request to HI officials for his long form birth certificate; and the release of that facsimile of his long form birth certificate were part of his 2012 political campaign. (That’s why Stein’s article included the disclaimer, “The trip [to HI to ‘retrieve’ those documents] was not taxpayer funded but, rather, paid out of the president’s personal account.”) And even though questions still “swirled” since he was inaugurated in 2009, that he was Constitutionally ineligible to be President; he couldn’t launch another paid political advertising campaign to counter those concerns until he was actually in another political campaign; and he only launched his 2012 re-election campaign on April 4.

And he launched the paid political ad on April 27 to coincide with his appearances on Oprah and at several high end fundraisers in NY.


Freedom costs.


March 12, 2012

On Tuesday, March 13, at 9:00 PM EDT, I will be a guest on Reality Check Radio, a program which is described on the Blog Talk Radio site as “a weekly show covering the Obama eligibility movement, the cases, and politics in general.” The host, “RC,” has indicated I will be able to take your calls. You will also be able to post comments in the open chat room. The show runs for 2 hours; RC said I can stay as long as I like.

See you over there.

RC Radio with jbjd


Freedom costs.


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