PAYDIRT

April 14, 2012

© 2012 jbjd

I have been saying for years now that, in those states which by law only allow on the ballot the names of candidates qualified to fill the offices they seek; political party officers certified to election officials that Barack Obama’s name should be placed on the ballot notwithstanding no documentary evidence available in the public domain established he was Constitutionally eligible for the job and, therefore, such certification was made without verification.

Not everyone agreed.

I first posted OUT of the MOUTHS of BABES in January 2010; it has remained one of the most popular posts on the “jbjd” blog. It describes my exchange with 9th graders in a U.S. History I class, during a lecture in which I detailed the interplay between the requirements for President found in Article II, section 1 of the Constitution; and real life, as played out with respect to the 2008 general election. Basically, I told the students that the Honorable Nancy Pelosi, then Speaker of the U.S. House of Representatives and Chairperson of the 2008 DNC Services Corporation Presidential nominating convention; ignored public requests to disclose the documentary basis for her certification that Barack Obama met the Constitutional qualifications for the job. And DNC Corporation’s general counsel, Joseph Sandler, responded to such inquiries by reminding petitioners, his was not a public agency and so, did not have to disclose the basis for that certification. The students concluded in the first instance, no one checked. In the second instance, they assumed, someone had but, did not like the results.

Others have based their interminable claims that Mr. Obama’s Constitutional eligibility for President is a ‘given’ on such nebulous evidence as contemporaneous newspaper birth announcements (supposedly) available on microfilm or microfiche; or a birth certificate or certification (presumably) indexed in a government record. My response has always been to acknowledge that, I hear what others think establishes the man’s eligibility; but I want answers from party officials who are legally responsible for placing his name on my state ballot. Further, I insisted that if these often cited ‘alternative’ sources actually provided a standard of authentication; then when they were asked, those same officials would have asserted these sources as the basis for their certification.

Indeed, all along I have maintained that none of those party officials who swore to election officials in a ballot eligibility state, Barack Obama was eligible to have his name placed on the ballot since he met the federal requirements of the job; had verified the truth of that certification. I have finally obtained the evidence that proves, all along, I was right.

I will post this evidence in a few days, after all the ‘i’s’ are dotted and the ‘t’s’ crossed on the document for which such evidence was an integral component.

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Freedom costs.

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RECOGNIZING when the PEOPLE INVOLVED with the PRESS ROLLOUT of PRESIDENT OBAMA’S 2011 LONG FORM BIRTH CERTIFICATE AD CAMPAIGN WORE a PUBLIC v. PRIVATE HAT

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 WhiteHouse.gov. (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. http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0026/HRS_0026-0013.htm 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 WH.gov server. (This only makes sense, because under the HI UIPA, an image like that long form birth certificate appearing on the HI.gov site would be subject to mandatory disclosure under a public records request.) If you click on the links from either the HI.gov or the WH.gov 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 WH.gov 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. http://www.pia.nrcs.usda.gov/contact/pia_timezone_standard_chart.html )

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 WH.gov 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 WH.gov 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 WH.gov, which appears on the WH.gov 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 WH.gov 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 DoH.gov 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.)

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Freedom costs.


SHE SAID / HE SAID: SCRIPTING the 04.27.11 LAUNCH of PRESIDENT OBAMA’S LONG FORM BIRTH CERTIFICATE

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 WhiteHouse.gov 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.

DISCLOSURE OF 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.)

5. NO MECHANISM INTENDED TO ESTABLISH ONLY ELIGIBLE CANDIDATES WILL BE ELECTED PRESIDENT WILL SUCCEED, WHICH RELIES ON CANDIDATE SELF-AUTHENTICATION. This has always seemed to me to be self-explanatory.

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 WhiteHouse.gov 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.

http://www.huffingtonpost.com/2011/06/02/bob-bauer-resigns-white-house-counsel_n_870290.html

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.

http://www.perkinscoie.com/rbauer/

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.)

MR. PFEIFFER:

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?

MR. PFEIFFER:  Yes.

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 —

MR. PFEIFFER:  Sure.

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?

MR. PFEIFFER:  No.

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

http://hawaii.gov/health/vital-records/vital-records/vital_records.html

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 WhiteHouse.gov 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.)

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Freedom costs.


WHY PRESIDENT OBAMA WAITED until APRIL 27, 2011 to RELEASE a FACSIMILE of his LONG FORM BIRTH CERTIFICATE

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.  http://www.huffingtonpost.com/2011/04/27/oprah-winfrey-show-obamas_n_854232.html

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Freedom costs.


TRUMPED by TRUMP (Updated 04.10.11)

April 4, 2011

©2011 jbjd

(04.10.11):  See update at bottom.

Several well-read blogosphere pundits, among them Ben Smith at Politico, have been soundly outplayed by Donald Trump in the Obama birth certificate round robin; and for that, I have to give “The Donald” his props.

Donald Trump, a salesman in the mold of P.T. Barnum – “There’s a customer born every minute” – is selling himself once again by reprising the guise of a possible Presidential candidate.  Trump’s White House con began 24 years ago:  How The Donald discovered that pretending to run for president can be good for business

This time around, he fixes his faux pitch to head the Executive branch of government, on a new gimmick:  President Obama’s birth certificate.  At first, I scoffed at the tactic of focusing the campaign on producing a document he claims would establish Obama’s Constitutional eligibility.  Because in so doing, he only confirmed a craven compulsion to hog publicity, this time trivializing the otherwise somber issue of election fraud that corrupted the 2008 general election cycle.   In other words, I thought his antics undermined real attempts underway for some time now, to expose actual crimes committed by Mr. Obama and his sales and marketing team, during their bona fide con to occupying the Oval Office.

But even though I have identified and initiated many of these efforts to ‘out’ the crimes of Team Obama which, on first glance, I thought were being trivialized by his campaign; before I finalized the original version of this article, events occurred which caused me to change my mind.  Indeed, after closer inspection I am not at all angry at “The Donald” for potentially gumming up the works.  Because whether he intentioned, by engaging in this latest sales initiative, he not only has exposed some of the intricacies of document identification which have been the subject of many articles posted here on “jbjd” – “Certificate” versus “Certification,” for example, or “issuing authority” – but also simultaneously has ‘outed’ the complicity of the press in giving Obama’s deceit on this front, a blanket pass.  And I have to give props where these are due.

As I have stated all along, the main reason for going after those D’s who committed election fraud viz-a-viz swearing to state election officials in applicable states,which are those states with ballot eligibility laws; that Barack Obama was Constitutionally eligible for POTUS notwithstanding they had failed to ascertain whether he is a NBC, just to get these officials to print his name on the ballot, is this.  Get the attention of Congress.  Because  under the Constitution, the way to get rid of an ineligible President (for criminal acts related to his ineligibility) is through Impeachment, carried out by Congress.  But many legislators have reassured their frantic constituents, in writing, ‘don’t worry, Mr. Obama is eligible for the job.’  So, how do we get them to change their minds?  I anticipated that when confronted with the well-documented possibility, Obama’s eligibility has been a scam all along, (and no longer able to get away with insisting otherwise) the House would introduce Articles of Impeachment so as to enable the Senate to get on with eligibility hearings.

I hoped to trigger this ‘awareness’ through the citizen complaints of election fraud to state A’sG.  But if Trump’s shenanigans effect Impeachment hearings, more power to him.

So, what aspect of his birth certificate campaign will compel sufficient scrutiny of Obama’s election fraud so as to trigger Impeachment?  The fact that the press is giving Trump’s efforts in this regard more scrutiny even before any decision to run; than they did Mr. Obama’s, on his march all the way into the White House. The disparity is striking.  And, as a result, the only pundits who at this point cling to the laughable insistence, Obama has already proven, he is for real; expose themselves as paid shills of the O.D. party.

Take Ben Smith at Politico, whose attempts at satire hardly disguise the acknowledged impossibility of equating an on-line electronic image produced by the person whose name appears on that image; with an official hard copy document produced by the “issuing authority.”

Trump fails to produce birth certificate

Donald Trump made headlines earlier today when he provided what he said was a copy of his birth certificate — but a quick check reveals it’s actually not an official document.

The paper that Trump released says “Jamaica Hospital” on top and lists the date and time of what he says was his birth to “Mr. and Mrs. Fred C. Trump.” The piece of paper has a seal at the bottom.

But after several New York City-based readers contacted POLITICO’s Maggie Haberman, her call to city officials revealed that an actual birth certificate, which is issued by the Department of Health, would have the agency’s seal and also a signature of the city registrar – neither of which the Trump document has. Officials said the city Health Department is the “sole issuing authority” of official birth certificates in New York, and that the document would clearly say so, and “city officials said it’s not an official document.”

It appears instead to be a hospital “certificate of birth,” meaning the piece of paper the hospital gave to his family saying he was born. Such a document typically has the signature of the hospital administrator and the attending physician.

Trump lawyer and advisor Michael Cohen didn’t respond to Haberman’s question about the document.

Trump’s mother, it should be noted, was born in Scotland, which is not part of the United States. His plane is registered in the Bahamas, also a foreign country. This fact pattern — along with the wave of new questions surrounding what he claims is a birth certificate — raises serious doubts about his eligibility to serve as President of the United States.

UPDATE: On a second attempt, Trump produces what appears to be a real one.

After that analysis, why would anyone accept Mr. Smith’s apparent continued belief, the COLB image that is the centerpiece of Obama’s paid political electronic ad campaign is real?  And, by continuing to insist Obama is for real, why does he now definitively expose himself as a paid shill or, in the alternative, a fool?  Because if he admits he is wrong about Obama’s on-line COLB – and, according to the accreditation in the footer, this image is now the property of the DNC Services Corporation – then, he also admits he participated in efforts to throw the 2008 D Presidential primary to a candidate who was Constitutionally ineligible for the job.

Barack Obama’s Constitutional con hinged on the public’s buying into his “Fight the Smears” web site, the focal point of which electronic advertising platform was the photographed mockup of a redacted Hawaiian COLB, conceived and copyrighted in 2007, more than 6 (six) months before the launch date, in June 2008.

If only Hillary Clinton hadn’t been such a strong contender for the D Presidential nomination, the FTS roll-out could have been delayed forever.

Questions as to Barack Obama’s Constitutional eligibility for POTUS likely would have  remained largely unasked and certainly, as a result, unanswered if the 2008 D Presidential nominee wannabe and his accomplices could have confiscated enough pledged delegate votes through the disproportionally weighted and then subsequently co-opted caucuses by February’s Super Tuesday, to make running away with the nomination a(n eventual) fait accompli.  Instead, even after March 4, when both TX and OH voters handily chose her over him, his agents were still fertilizing the false meme to D’s throughout the country, Hillary Clinton had no chance to win the nomination.  Including the press. http://abcnews.go.com/Politics/Vote2008/story?id=4385756&page=1

Like Ben Smith, at Politico.

In 2008, Ben Smith, Carrie Budoff, and Jonathan Martin were named in the byline of an article appearing on March 8, just after Clinton had taken the TX, OH, and RI primaries.  The article featured the individual opinions of each with regard to one of the 3 (three) candidates remaining in both the R and D primaries: Obama, Clinton, and McCain.  But the introduction to these individual pieces is not specifically attributed to any one of the 3 (three) authors.  This unattributed introduction contains the following line:

Sen. Barack Obama will need a new strategy to defend his narrow delegate margin.

http://www.politico.com/news/stories/0308/8870.html

Then, in the segment on Hillary Clinton, under just Mr. Smith’s byline, comes this:

But Clinton also faces obstacles, and not just the daunting mathematics of overcoming Obama’s delegate lead.

Id.

Which is it, “narrow delegate margin” or “daunting mathematics of overcoming Obama’s delegate lead”?  Well, let’s look at the figures. Going into the contests she won on March 4, (even) the NYT reported Obama was only 86 pledged delegates ahead of her, or less than .04% of total delegates required at that time to win the nomination!

As I have said before, Obama’s financial backers knew if their agent was to secure the D Presidential nomination, the D primary had to end as early as possible.  Because the more time this flawed candidate remained in the national public eye, the more scrutiny he had to endure.  Including questions as to his Constitutional eligibility for the job.  Until finally, with the primary/caucus season finally ended and no clear winner in sight, the candidate was finally compelled to concede the rising wave of questions as to his Constitutional eligibility for POTUS, and do damage control.

The FTS ad was desperately released in June 2008 to stem the late spring ineligibility tide only because even the cadre of well compensated co-conspirators fixed to rig August’s nominating convention were unwilling to publicly endorse the man if the country still doubted he was Constitutionally eligible for the job.

Gambling that the obvious political ad would sufficiently distract the public from the facts, paid off.  Three years later, people were still claiming Obama’s birth certificate is posted on line.  Plus, when they were questioned by constituents as to Obama’s eligibility, the advertisement provided both ignorant and dishonest politicians alike, with plausible deniability.

But no more.  Because thanks to Donald Trump, everyone, including Ben Smith, now knows, which on-line ‘document’ at least appears to have all of the attributes of a real birth certificate.  And which does not.

(04.10.11):  Update.

My, my, my. It would appear that I was right to come down on the side of the birth certificate showing put on by Mr. Trump.  Cue the ‘MSM’ with  gift wrapped disinformation that confirms, he has hit his mark.

Michael Isikoff, posting today at MSNBC on-line under the moniker “National investigative correspondent,” apparently is among those reporters who continue to assume that anyone still reading the drivel produced under a purported ‘news’ banner like MSNBC; is either too stupid or too gullible, or both, to discern fact from hype.   How else to explain his latest article, Ex-Hawaii official denounces ‘ludicrous’ birther claims in which he now seemingly tries to redeem those same HI election officials who failed miserably in 2008 to parse their validation of Obama’s Constitutional eligibility for POTUS sufficiently so as to assuage genuine concerns the man might not even be a U.S. citizen, let alone natural born.  jbjd, BIRTHER

Especially Dr. Chiyome Fukino, the ex-Director of the HI State Health Department.

Isikoff claims in his article, this time around, Dr. Fukino has clarified, via an admission, that before making those statements in 2008, she had unlawfully accessed the protected privileged confidential records of Barack Obama without first obtaining either a written waiver of liability from Mr. Obama (or his legal representatives) for such otherwise unlawful conduct or, written instructions permitting her to publicly advertise what she had learned from this unlawful breach.

(Mr. Isikoff did not actually refer to this peek at Obama’s birth records as illegal.  But, if what he wrote about Dr. Fukino’s conduct is true then, she did break the law.)

Here are just a couple of ‘facts’ Isikoff reported in this story which those of you regularly reading “jbjd” already know signal his information sounds fishy.

  • He says FactCheck confirmed 2 contemporaneous newspaper birth announcements.  (But see, for example, RUMORS, LIES, AND UNSUBSTANTIATED ‘FACTS’)
  • He says when Dr. Fukino was Director of HI’s Department of Health, before making a public statement as to Obama’s HI birth,  “she wanted to inspect the files — and did so, taking with her the state official in charge of vital records.”  However, for some unknown reason, he fails to provide readers with the name of that state official.
  • He ‘reports’ Dr. Fukino claims she saw “the original so-called “long form” birth certificate — described by Hawaiian officials as a “record of live birth” … located in a bound volume in a file cabinet on the first floor of the state Department of Health.”  The logical inference then, is that this bound Certificate is indexed in some fashion, by number or letter or a combination of both.  And that such index number can be verified at least as to the volume she describes.  However, the only document Isikoff links in his article, is that same COLB which is the centerpiece of the FTS paid political advertisement, the one with the identifying index number prominently redacted. DE-CODER RINGS (1 of 2) and DE-CODER RINGS (2 of 2)
  • He reports that “Joshua Wisch, a spokesman for the Hawaii attorney general’s office, noted that a public index of vital records, available for inspection in a bound volume at the Health Department’s Office of Health Status Monitoring, lists a male child named “Obama II, Barack Hussein” as having been born in the state.”  Again, for some reason, Mr. Wisch fails to provide any identifying information that would aid retrieval.  And Mr. Isikoff fails to point out Mr. Wisch’s omission to his readers.

In sum, while I found very little basis for the descriptor “Investigative” before the moniker “reporter” in Mr. Isikoff’s byline; I was certainly entertained by his failed efforts to discredit the ever rising crescendo of non-believers now challenging the authenticity of anything closely associated with Obama.

Including Mr. Isikoff and MSNBC.

P.S.  Question to Mr. Isikoff:  Given that your article points to the lack of identifying information available in the public domain that would allow people to physically inspect any of the documents mentioned therein; how do you suppose all of those prominent members of the D party who Certified in 2008 that Obama was eligible for office, to state election officials in applicable states, that is, states requiring candidates to be eligible for the office sought in order to get their names printed on the ballot; were able to ascertain in advance, he is a NBC?  (We have asked all of them but they refuse to tell us. See, for example, MEMORANDUM of COMPLAINT of ELECTION FRAUD against LT. GOV. BRIAN E. SCHATZ, ACTING in a NON-GOVERNMENTAL ROLE as CHAIR, DEMOCRATIC PARTY of HAWAII; and REQUEST for INVESTIGATION by the ATTORNEY GENERAL of HAWAII, in ALOHA OBAMA and SHALOM.)


TOO IGNORANT TO LEAD

February 20, 2011

©2011 jbjd

A brief article entitled, “Flake says:  “Get off this Kick”” appeared on the blog, Seeing Red AZ, whose byline reads, “political views from a red state.”  This blurb about Representative Jeff Flake (R-AZ) was taken from a longer article that appeared in The Hill, citing an interview conducted by CNN, who asked the candidate for U.S. Senate to comment on the results of a recent Public Policy Polling poll showing a majority of R primary voters do not believe Barack Obama was born in the U.S.A.  His reply?  People need to “accept reality.”  (The article on The Hill goes on to say, “Flake said the notion that Obama isn’t a U.S. citizen needs to be put to rest.”  Now, I cannot tell whether this line I quoted came from Flake or, The Hill, or CNN but, I have to tell you, having become an expert purser of Obama-speak, hearing the word “notion” in relation to anything about the man signals to me, ‘be on the alert for incoming lies.’)

Anyway, I saw the article on SRA because I was getting hits on my blog from that site and checked it out.  Well, I should have guessed, azgo had posted a great comment that included a link to “jbjd.”  He agreed I could re-print it here (with my editorial revisions).

Memo to Rep. Flake:  ‘Fight the Smears’ is Paid Political Advertising

The “Fight the Smears” web page with the image of a birth document is a paid political advertisement and conforms with TITLE 2 > CHAPTER 14 > of the U.S. Code, § 441d. Publication and distribution of statements and solicitations. This section deals with campaign funding, reporting, and other parameters.  Nothing in this law requires the advertising content to be true. And that only makes sense.  Because as the Supreme Court has ruled, when it comes to the First Amendment right to freedom of speech, political advertising is legal even if the advertiser does not tell the truth. “…the general rule is that the speaker and the audience, not the government, assess the value of the information presented.”  Edenfield v. Fane (91-1594), 507 U.S. 761 (1993).

The Obama campaign threw up an eye-catching wizardry of a political advertisement they named, “Fight the Smears,” on which they displayed graphics for visual impact, and ad copy with terms of art like ‘native born’ and ‘citizenship conferred by the 14th Amendment’ cleverly conflating these terms with the one they never mentioned, “natural born.” But this is the term emblazoned in Article II, section 1 of the Constitution.  And, consistent with section 441d, they solicited the public to ‘donate now’ and tell others, all so as to spread their truth about the candidate. Even though it was all a lie.

In truth, the state of Hawaii has never claimed responsibility as the “issuing authority” – this term of art is defined right there in the Code – of that online image of a COLB on the advertising platform entitled FTS.  They never confirmed this was a genuine “identification document,” consistent with the Code.  Even the ad failed to claim, this ‘document’ came from the HI Department of Health, Vital Records.  Or to include any identifying information that would allow anyone to trace back the mock-up to its hinted origins.  And all of the venues reporting that, having seen the image, they could confirm its authenticity – L.A. Times, Daily Kos, Annenberg Political FactCheck, Politifact – also stated publicly, they had received this image directly from the Obama campaign.

In other words, when it comes to providing documentary evidence as to where Obama was born, the only thing available in the public record, that online image of the birth document, means absolutely nothing…

…except that many Americans, including not just the media but worse, our state and national public officials can be duped into believing an image is real which was only created as the focal point of an on-line political advertising campaign to combat rumors a Presidential candidate is Constitutionally ineligible for the job!

https://jbjd.org/2011/01/03/de-coder-rings-1of2/

(View a screen capture of the 14th Amendment on FTS at IF DROWNING OUT OPPOSING FACTS IS “un-AMERICAN” THEN IGNORING UNPLEASANT FACTS MUST BE un-AMERICAN, TOO)

Not surprisingly, in 2007, gearing up for the political campaign of Barack Obama, the circumstances of whose birth, if uncovered, they believed would derail his bid to lead the free world; APFC posted this homage to the First Amendment license to print paid political lies.

Seems to me, a sitting U.S. Representative who is a candidate for U.S. Senate should be at least as well informed about the difference between protected false speech in paid political advertising, and the truth; as ordinary citizens who collaborated via email in their spare time to put together this post on a blog.


STILL ATTACKING the MESSENGER

February 12, 2011

©2011 jbjd

No good deed goes unpunished.

Two years ago, back in March 2009, I posted this remark at the opening of a Reply to a Comment left on this blog by David A:  “Welcome to the site that both supports critical thinking and offers answers to questions you might not want to hear.” March 24, 2009 at 01:42 Judging just by the information printed on “jbjd” since that time, I would say, it is a good thing I have not allowed the constant onslaught of personalized criticism to silence my work ever since.

As you will see from the following exchange, not everyone would agree with me.

FL is not an applicable state for a citizen complaint of election fraud based on the fact pattern, officials of the D party Certified to state election officials candidate Obama was qualified for office notwithstanding no documentary evidence available in the public record evidences he is Constitutionally eligible for the job.  Because FL has no law requiring candidates must be qualified for the job to get the state to print their names on the ballot.  Consequently, in the absence of such ballot eligibility laws, loyal “jbjd” reader Rlqretired, from FL, has lobbied legislators in that state to adopt such laws.  In the past, he has used various arguments to sway these elected officials, which are spelled out on this blog and others.  However, each time he asked me to review his correspondence, I rejected as frivolous his attempts in these petitions to link whether Obama is Constitutionally eligible for office; to the ‘illegitimacy’ of the on-line COLB based on an examination of its physical attributes (notwithstanding he maintains such analysis is a useful tool in his lobbying efforts).  Recently, he composed this lengthy Comment, apparently intending, once and for all, to put to rest my objections to continued focus on the physical characteristics of that FTS COLB in any campaign the stated goal of which is to pinpoint documentary evidence establishing whether Obama is Constitutionally eligibile for office.
Rlqretired says:

jbjd – I think the reason you and I don’t see the value of the visual photographic truth that the Hawaiian State Seal placed upon the online birth certificate candidate Obama placed on the Internet is fake is because our goals are different. Your efforts deal with a bunch of lawyers and your goal, as I understand it, has been to get the AG’s in those states that already have statutes requiring independent eligibility certification to investigate the person that signed their state level certification without having adequate proof available to them to make such certification. If they did so, as I understand it, it would be an alleged crime based upon your hard work.

Florida has no statute requiring independent verification by the political parties and depends strictly upon nominee certification by the political parties to be correct. My, goal for a year now, has been to convenience the Florida Legislature to pass a statute requiring an independent state level certification and the submission of the documents used to make that certification. At the general public level, as well as many in the Florida Legislature, I am dealing with average citizens who do not understand legalese nor will they take the time to study the issue for themselves. Willful ignorance abounds and this is where the photographic evidence that the Hawaiian State Seal placed upon Obama’s birth certificate is an irrefutable fake, is absolutely essential. These photo’s my not convince them to snap completely out of their willful ignorant bliss but it does blow away their argument that the online image of the Obama’s COLB could be a real copy of a real birth certificate and just transferred over into the advertisement in which it is located. Basically, that is what most people in our state and national governments still believe even today.

I can easily accept and understand your point of view and I really wish you could see mine. For your information, the photographic evidence has, at my level and with some legislators, has been very effective and taken them to your web site for additional study.

If I did not make it clear to you in my previous comment above, that the statute I was referring to was Hawaiian Statute 338-18 (g), I certainly apologize as I mistakenly assumed you had received and read my off blog email of 2/8 in which I stated; “My question deals with the authority the Criminal Justice Subcommittee the Florida House has under the Hawaiian Statute 338-18 (g). It appears to this country boy Florida Cracker that it does (apply), possibly on several counts……Your legal opinion of 338-18 (g) in this regard will be greatly appreciated.

A link to that statute is http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0018.htm

You have previously made clear that you have debunked the claim made by another blog that (g) of this statute can be used to the advantage of a lawyer in a criminal case to obtain verification relative to their lawsuits. However, it appears to this layman that under the circumstances I laid out in my previous comment, an authorized legislative committee assigned to investigate the authenticity of the only proof Obama has ever provided that he is even a citizen or either the Department of State whose director is the Chief Election Officer of the State and responsible for reporting possible fraudulent election activities would very likely qualify to receive verification of certain information displayed on the online image or the hard copy FTS made available to FC for examination and taking photographs of the Hawaiian State Seal.

If either of these folks are eligible to obtain verification I can think of a dozen or so questions that I believe will produce answers that will not only be helpful to me in my goals but would help you in your goals as well.

I look forward to your opinion of (g) and I surely hope you can tolerate me and my differing view on that one item.

Before I had completed my reply to this ‘first’ Comment, Rlqretired submitted another lengthy Comment, more caustic than the first.  I will print that second Comment as well.  But first, here is the response I was in the process of perfecting to his ‘first’ comment.

rlqretired: What a great comment. Now, I understand that my remarks about the work of ‘misstickly,’ whom you reference in your correspondence to state officials, mistakenly gave you the impression, I rejected focusing on that COLB qua image only because this took time away from my preferred focus, which is redressing past illegal conduct viz a viz the ballot.  I thought I had stated quite succinctly in my last email to you that, my real objection is this.

“Also, please, trust when I say, continuing to reference whether a ‘seal’ apparent on any particular vision of a document or copy of a document or copy of a mock-up for an ad campaign on the internet, is real or fake, diminishes the credibility of your other well-formulated criticism of that same document or image.”

So, now, I will expand upon that previous statement, with the hope that once and for all, my previously stated explanations become unambiguously clear. The primary reason I continuously advised you to stop referencing in the same correspondence to public officials, both my work and the work produced by “misstickly” is this:  such reference to her work undermines your credibility and, therefore, negates the value of my work.  Because basing a conclusion that Obama is not Constitutionally eligible for office on the physical attributes of a paid political advertising campaign is absurd on its face. Yes, absurd. Ridiculous. Nonsense.  It would be like concluding a physician committed malpractice for endorsing an antacid in a commercial containing a rudimentary drawing of the human digestive system.  Let me see if I can find an artist rendering of what I have in mind. Be right back…

There.  See what I mean?

You ask about HRS ch. 338.  Here are a couple of exchanges that appeared on this blog in April 2009, almost 2 (two) years ago now, discounting the value of 338 in obtaining Obama’s birth documentation from HI DoH.  (I found this merely by searching for “jbjd” and “338”!)

bob strauss says:

jbjd,Was reading a blog @ paraleagalnm and someone published Hawaii statute 0338-14 and 0338-18 (g). If I read it correctly Hawaii will verify what is on the colb or long form BC if you just ask for the information. They will not release the document but they will tell you what is on it. Thanks for answering my questions. Bob

bob: There’s a line in that law you cite which reads in part, “The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:…” I can envision that, unless those Republicans paralegalnm envisions could request such verification, actually comprise an impeachment panel, the State of HI will not be satisfied that such request meets the exceptions to HI’s confidentiality laws.

Of course, this procedure proposed by paralegalnm is backwards, anyway. If these Republicans wonder whether he is an NBC, they should begin impeachment proceedings based on BO’s failure to establish, he is a NBC; and, if he wants to fight the charges, let him produce his long firm birth certificate. ADMINISTRATOR

Like you, bob strauss, too, could not accept the fact that my opinion did not support his.

bob strauss says:

April 3, 2009 at 01:49

jbjd,338-18 (g), it says, “shall not issue verification UNLESS”! the applicant seeking verification meets one, of 5 definitions, to qualify as a person allowed to obtain verification of what is on the docs. PLEASE read the definitions, 1 through 5, where it describes the people, who ARE ALLOWED to obtain verification. Sorry to keep bugging you about this but, it looks like Hawaii will verify records if you fit the description listed at 338-18g. 1-5.

bob strauss: No, you are not bugging me! I did read the law, completely, although the only part I thought mattered was that line I quoted, saying, “The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:…”. I understood this language to mean that, the discretion of the HI Health Department would rule; and this meant, they would exercise their discretion to maintain privacy. Because HI does not want the world to know that, for several decades, they were giving U.S. identities to foreign born babies. Remember, before it will place the name of the nominee for POTUS from the the major political party onto its general election ballot, HI is the only state that requires the party to not only Certify the name of its candidate but also Certify he is Constitutionally eligible for the job. (jbjd note 02.13.11:  Of course, we now know, at least one other state, SC, also requires this explicit language of eligibility on its ballot application. IF IT LOOKS LIKE A DUCK…) I assume Hawaiians enacted this law because of that earlier law allowing foreign births. That is, they of all people know how easily someone who is not a NBC could be nominated for the job.

Anyway, when I got your follow-up question, I looked up the law again, and found the court ruling in Martin v. Lingle. Not surprisingly, the court had denied Andy Martin’s efforts to obtain BO’s records based on a finding that HRS 338-18 bestows “discretion” and “judgment” to the Health Department, on whether to release such records. http://www.state.hi.us/jud/opinions/sct/2008/29414ord.htm
ADMINISTRATOR

Obama has never offered up to any state official or to the courts, the electronic image of the FTS COLB , as proof of a HI birth. So please, stop saying he has!  Even in Hollister, Attorney Bauer did not say, this image (or its mock-up) was proof of anything!  He only wanted the court to take judicial notice Obama had publicly released his birth certificate!  COUNSEL for DNC SERVICES CORPORATION PERFORMS 3 CARD MONTE* for FEDERAL COURT (How many times have I advised people, when confronted with claims, this FTS COLB evidences to the person making the claim, Obama is a NBC; respond by conceding, ‘Yes, I accept this image provides your basis for believing, he is a NBC.  But on what basis did Nancy Pelosi or Boyd Richie or Alice Germond or Kathy Hensley, for example, determine he is a NBC?  Because they refuse to tell us, when we ask them!’)  

Finally, I want to respond to this statement:

“At the general public level, as well as many in the Florida Legislature, I am dealing with average citizens who do not understand legalese nor will they take the time to study the issue for themselves. Willful ignorance abounds and this is where the photographic evidence that the Hawaiian State Seal placed upon Obama’s birth certificate is an irrefutable fake, is absolutely essential.”

I agree that educating public officials is essential to getting passed the legislation that will clean up the electoral process (if electing officials already up to speed is not accomplished) and have always lauded your efforts in this regard.  But even if you are correct in your base opinions that fellow citizens are loath to become knowledgeable in all things electoral; this still does not mean, in the absence of such civic zeal, you (or WND, or CFP, or P&E, among dozens of others) are justified in filling their heads with factually baseless tripe, just because they will pay attention.  ADMINISTRATOR

But before I could post this Reply to Rlqretired’s ‘first’ Comment, he sent along this ‘second’ Comment.  This time, my response, in orange, is inserted amidst his remarks.

Rlqretired says:

February 12, 2011 at 05:35

This comment is submitted while my previous comment is still in moderation along with your insult.

jbjd – I really wish the bad feelings you currently have for some other bloggers that apparently prevents you from understanding the value of at least some of their work, specifically this irrefutable evidence the Hawaiian State Seal on Obama’s birth certificate is a fake could be moderated. We live in layman land and easily understand such things.  “[B]ad feelings” which “prevents (sic) [me] from understanding the value of at least some of their work”?  If I reject the work product of another blogger as being irrelevant to the stated goal of establishing whether Obama is Constitutionally eligible for the job, then this rejection is based on my reasoned belief, it fails to add value to such pursuit.  Worse, it detracts from the real work of citizen education which must occur before real change will happen.  How many posts (and reads) over how many months were wasted on trying to refute my admonition, there exist no contemporaneous newspaper birth announcements of Obama’s birth?  Common sense said these did not exist, as any claim they did exist failed to reference any evidence of such publication which could be independently verified! RUMORS, LIES, AND UNSUBSTANTIATED ‘FACTS’

Now, finally, one of these practitioners whose work I rejected, has posited that, perhaps the wild goose chase she sent her readers on, was based on a contrived premise.  (That is, she suggests any ‘evidence’ of such announcements was intentionally ‘planted.’) Yet, judging by the references to her nom-de-plume throughout the blogosphere, thousands of people still follow her work.

I gather from your insult that you are unwilling to accept my proposal that we simply agree to disagree on the value of the photographic evidence the Hawaiian State Seal on Obama’s one and only birth certificate is a fake.  I reject your characterization that pointing you away from frivolous pursuits when pursuing the issue of candidate eligibility is an “insult.”  These entreaties to get me to ascribe some value to work I deem valueless is all a waste of time.  So, too, it would seem, were the years I spent showing people what went wrong in 2008 and trying to get them to focus on remediating what went wrong and then, on how to correct the system so as to prevent these wrongs from recurring in 2012.  Sure, now, in 2011, some eligibility charlatans have begun to shift their focus away from judicial ‘Hail Mary’ filings and begun to focus on fixing the ‘system.’  However, efforts up to this point have left states no better positioned to avoid electoral disaster in 2012 than they were in 2008.

It is a considerable disappointment that you completely ignore the primary point of my comment which was my request for you to explain if Hawaiian Statute 338-18 (g) can be used by either a legislative committee investigating the authenticity of the one and only birth certificate ever produced by Obama in pursuit of the need for corrective legislation or possibly the Director of the Department of State (SOS) here in Florida who serves as the Chief Election Officer for the same reason.  As was implied in the response above, Obama never produced a “birth certificate.”

In your response to an off blog email from me that mentioned another bloggers post on the use of 338-18 (g) about how lawyers in legal proceedings could use this part of the statute to obtain verification of specific questions about the birth certificate you wrote “ And, as usual, I completely disagree with her ‘legal’ analysis. I have previously de-bunked this specific ploy, and will gladly repeat my objections, on the blog.”  If you insist on taking the legal advice of a self-described Graphic Artist/Designer then, why bother seeking advice from a self-described lawyer?  Anyone, it seems, will do, as long as you share the opinion offered.

If you will not look at 338-18 (g) and give me your opinion, which I desperately need, if (g) can be used as I have suggested, please fulfill your offer to debunk the idea as you said you would be glad to do.

The last thing in the world I wish to do is to get into a senseless argument with you. I am only seeking a legal opinion for what I, as a lawman, see as a possible beneficial thing to do to get at the legally recognized truth about Obama’s and the DNC collusion.  I have provided that opinion previously, as I stated.  You just had to look for it.

You might also remember that your efforts nor any other legal expert’s efforts have been successful as yet and if (g) can be used as I have suggested, it could possibly be a help to all of our efforts.  Ah, the canard, ‘You have been unsuccessful, too.’  But I have not.  Way back in the summer of 2008, I successfully identified the methodology that must be used to approach issues of Presidential eligibility.  In short, almost 3 (three) years ago now, I pointed everyone to the states.  But unlike almost every other blogger pursuing this topic, I never held myself out as a savior of the Republic.  Rather, understanding that fixing our electoral process was the work of the citizens of the states, I merely provided the tools necessary for the citizenry to carry out their work (sans the hysteria and hyperbole).  Ignoring the voluminous exchanges with readers via email, one need only peruse this blog to find ample evidence of my tangible contributions to my fellow citizens in this regard.  Yet, having sacrificed my life to this endeavor and, endured unceasing slings and arrows on that account; I am still attacked for their failure to finish the job.

And you are not the only loyal “jbjd” reader who, having obtained countless hours of private consultation and advice via email, and more through the blog, still deigns to dismiss my contributions to his endeavors because of a perceived personal slight.  azgo, until recently a stalwart supporter and contributor here at “jbjd,” also determined my ongoing consultation – this time, the proposed AZ ‘eligibility’ legislation – fell short.  He wrote, “Are you working with your state in doing anything, have you met with your state lawmakers or are you just talk like so many bloggers?”

Fortunately, I do not gauge the value of my work perfecting our electoral system, on the number of hits to the “jbjd” blog; or to the PayPal buttons; or to my psyche.


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