Is your answer, “The Hawaii State Department of Health”?
Sorry, that answer is not a winner.
1) Obama was born in Hawaii.
2) The CertificatIONof Live Birth (presented on Daily KOS, Fight the Smears, and Factcheck.org) is valid.
3) The CertificatION of Live Birth matches the data found on the original Birth CertificatE on record.
4) “We the People” do not have a tangible interest in the original birth certificate of a candidate for the office of President of the United States, in order to help determine if s/he is Constitutionally eligible to hold that office.
Now, Dr. Fukino’s July 27, 2009 News Release did say, “Obama was born in Hawai‘i”.
Some people point to that and say, “See! The State of Hawaii has confirmed that Obama was born in Hawaii!”
But, just like last time, we must parse this statement.
(Remember, “It depends on what the meaning of the word ‘is’ is.”)
The full statement made on July 27, 2009 was:
STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D.
“I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital
records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama
was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement
or my original statement issued in October 2008 over eight months ago.”
Dr. Fukino did not say which vital records maintained on file by the Hawai‘i State Department of Health were used to make this statement.
Was the Hawaii State Department of Health the first government organization to say, “Obama was born in Hawaii”?
Dr. Fukino’s July 27, 2009 News Release was first made public in an an email to TerriK (a.k.a. MissTickly) at 11:45:54 PM EDT:
From: “Okubo, Janice S.”
Date: July 27, 2009 11:45:54 PM EDT
To: [TerriK - real name redacted]
So, which Government organization was the first to say, “Obama was born in Hawaii”?
The correct answer is: The United States House of Representatives.
Nearly five hours before Janice Okubo first made Dr. Fukino’s News Release public in that email, the U.S. House of Representatives agreed to H. RES. 593, which included the words, “Obama, was born in Hawaii”. More completely, it said:
Whereas the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961;
Did the Hawai‘i State Department of Health obtain any information about H. RES. 593 and maintain it as a “vital record”? Did that become the basis for Dr. Fukino’s statement?
Dr. Fukino never said which “vital records” were the basis for claiming “Barack Hussein Obama was born in Hawai‘i”.
The U.S. Constitution requires that the President be a “natural born Citizen” of the United States of America.
Dr. Fukino never said, “Barack Hussein Obama … is a natural born citizen of the United States”.
Dr. Fukino said “Barack Hussein Obama … is a natural-born American citizen”.
But Dr. Fukino never explained how she made that determination.
Dr. Fukino’s use of “natural-born” could simply refer to “natural childbirth”. The hyphen is significant… the legal definition of “natural-born” is NOT the same as the legal definition of “natural born”. (Remember, “It depends on what the meaning of the word ‘is’ is.”)
Every citizen of every country in North America, Central America, and South America, can consider themselves an “American citizen”. I know personally several citizens of Mexico who consider themselves an “American citizen”.
I’ve also seen other reports that Barack Hussein Obama was adopted, as an adult, by a Native American couple. That would make him a Native American citizen, even if he had originally been born in Kenya!
So, once again, Dr. Fukino issued a statement which gives the appearance of authenticating that COLB as a genuine record originally generated by the DoH. But when you parse the statement, you find that it does not in fact authenticate the COLB or the data contained on it.
In closing, take note of this timeline from July 27, 2009 (all times shown in EDT):
Mr. Clay moved to suspend the rules and agree to the resolution, as amended.
Considered under suspension of the rules. (consideration: CR H8839-8842)
DEBATE – The House proceeded with forty minutes of debate on H. Res. 593.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mrs. Bachmann objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
7/27/2009 5:45pm: Janice Okubo sends email to TerriK only mentioning “the statement issued by the state last year in the Fall.”
Considered as unfinished business. (consideration: CR H8846)
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 378 – 0 (Roll no. 647). (text: CR H8839)
TerriK sends email to Janice Okubo:
Date: July 27, 2009 9:00:29 PM EDT
To: “Okubo, Janice S.” Subject: Re: Your help is appreciated
Aloha! Thank you so much for replying quickly. And, thank you for the ‘infamous’ press release–it is a document I refer to every so often and having my very own is much appreciated. I’ll consider this document my brush with fame AND infamy! Frankly, I wonder what you must think of the ‘Birther’ inquiries and would like to state upfront, that I completely respect Hawaii’s Privacy laws. I ask that you answer the following, if privacy laws allow:
“Is the Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, able to state they have verified that the Hawai‘i State Department of Health has President Barack Obama’s AMENDED original birth certificate on record in accordance with state policies and procedures.”
I fear my carefully chosen wording appears like an effort to ‘pull a fast one’–however, I modeled it on the following statement you were able to make publicly on your press release last year :
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures. “
I hope this is reasonable to ask. If not, can you point me to the applicable statute?
Many thanks for your attention to this matter.
7/27/2009 11:45pm: Janice Okubo sends email to TerriK with “the statement issued today by the Hawaii State Director of Health.” However, the copy she sent to TerriK contained the word “more” at the bottom of the page, indicating there was more material on another page, while the News Release that was subsequently posted to the web site did not contain the word “more”.
The bottom line?
It appears that Dr. Fukino was not willing to say that Obama was born in Hawaii until the U.S. House of Representatives said Obama was born in Hawaii!
And remember this… who said:
…the President-elect, Mr. Obama, is a son of the soil of this country…
…the people of the United States of America have just had a historic election where the son of this soil, Barrack Hussein Obama, has been elected the 44th President of the United States of America…
…we are the home of the President-elect of the USA…
Was that in the Statement by Dr. Chiyome Fukino, Hawaii’s Department Of Health Director?
It was in the Official Report of the Kenyan National Assembly Wednesday, 5th November, 2008!!!
“Son of This Soil”
UPDATE September 9, 2010:
Certificate of Nomination Summary
Why Pelosi and Germond Signed a Different Certificate of Nomination for Hawaii
UPDATE October 14, 2010:
In the post above, I link to posts on both MissTickly’s blog and Leo Donofrio’s blog. Unfortunately, both of them have taken their original posts offline, so those links are now dead links. I have, however, been able to contact MissTickly, and she provided this archived version of her post (including comments made by others): http://www.scribd.com/doc/20611487/Miss-Tickly-Our-Worst-Nightmare-Confirmed
UPDATE January 19, 2011:
I think the answer is yes, based on
Federal Rules of Evidence
Rule 902. Self-authentication
(10) Presumptions under Acts of Congress. Any signature, document, or other matter declared by Act of Congress to be presumptively or prima facie genuine or authentic.
But don’t worry… they’ll likely manufacture one for Obama.
I have Questions for Speaker Boehner.