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Follow up on HI statute 338

Posted on | May 30, 2009 | 9 Comments

A number of people have asked me to explain, what is going on in /Hi.

There are few things that are peculiar to HI

1. statute 338 allows foreign born children of Hi residents to get HI birth certificates.

2. BCs can be obtained based on a statement of one relative only

3. You can get a late BC- meaning when you are 20 yo or a 100 yo.

4. Chiyome Fukino  stated that there is a BC on file, but she did not state, how and when it was obtained

a. it could have been one obtained when Obama was 21 yo.

b. it could have been obtained based on a statement of one relative only, who lied

c. the most important thing- she never said that the piece of garbage with an obliterated number, that Obama posted on the Internet is the same document that she has on file, she never said that this piece of garbage that he posted on the net actually came from HI. As a matter of fact her assistant Janet Okubo said that she can’t read what was downloaded from the net.

Comments

9 Responses to “Follow up on HI statute 338”

  1. sillyhaha
    May 31st, 2009 @ 3:26 am

    But this law didn’t exit until 1981. How do you see this as being relevant to your case? I think I am missing a piece of the puzzle.

    I know you are incredibly busy, Dr. Taitz, but could you explain how a law that didn’t exist until 1981 would affect Obama’s BC? Again, I am not a lawyer, so I am probably missing the obvious!!!

    Thanks so much, Dr. Taitz!

  2. dr_taitz@yahoo.com
    May 31st, 2009 @ 8:35 am

    the obvious is that he could get this certificate at age 21. That is the whole point, we don’t know what is in HI

  3. dr_taitz@yahoo.com
    May 31st, 2009 @ 9:05 am

    Sue
    tell me, what don’t you understand about my post on 338. what is misleading?

  4. Sparkles
    May 31st, 2009 @ 1:37 pm

    Dr. Taitz. I looked at 338 and it does seem to allow some people to obtain a birth certificate even though they were not born in Hawaii, so perhaps BO did get a certificate under this section after he turned 21. But if he did, I don’t understand why such a birth certificate would not list his actual birthplace.

    And section 338 also says that the rules may be passed to prevent just this kind of fraud: “The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.”

    And further, the director did pass such a rule stating that a certificate issued under section 338 would be titled “Hawaii Certificate of Foreign Birth:”

    Sec. 11-120-2 Application for Hawaii certificate of foreign birth.
    (a) An application by a legal parent or an adult adoptee shall be filed with the state registrar of vital statistics before a new certificate of birth entitled a “Hawaii Certificate of Foreign Birth” is issued.
    (b) Application forms shall be provided by the department of health. [Eff. FEB 19 1981] (Auth: HRS Secs. 32
    338-2) (Imp: HRS Sec. 338-20.5)

    The rules also specify that such a certificate will contain the ACTUAL place of birth.

    Am I missing something?

  5. Wahoo
    May 31st, 2009 @ 8:28 pm

    Ha sany one applied to HI for colb Lately? Maybe that would help. See what happens?

  6. Bob
    May 31st, 2009 @ 9:52 pm

    Sillyhaha,

    If you read the law, there is no time limit on it or anything that says it applies to those born after 1981. Here is the important part :

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

    Now it is a compound sentence, so could be a little confusing. Here it is broken down:

    Upon application of an adult …the director of health shall issue a birth certificate for such adult .

    So therefore anytime after 1981, Obama himself could have gone in and applied for a BC for himself as long as he could show his mother met the requirements for residency.What is interesting about this is his blocking of the release of his application to Occidental College. At that time he may not have had the Hawaiin COLB. It wasn’t until after the law was passed that he applied for one.

  7. Bob
    May 31st, 2009 @ 10:15 pm

    One more thing about my above post. They explicitly use the phrase ” upon application of an ADULT…the director of health shall issue a birth certificate for such ADULT. In 1981 when the law passed, an ADULT would have been anyone born in 1963 or before ( being 18 years of age ). Therefore, the law was intended for people who had already reached adulthood but had not had a Hawaii BC, to be able to obtain one. Obama was born in 1961.

  8. Bob
    June 1st, 2009 @ 11:11 am

    Ooops. In my first post it should have read :

    If you read the law, there is no time limit on it or anything that says it applies to ONLY those born after 1981. Here is the important part :

  9. ch
    June 7th, 2009 @ 12:39 am

    A publicly employed official influenced a national election by making statements to the press, not under oath, and not in a court of law, and providing no document backing up her statements. She acted inappropriately and violated the ethics of her position and should not work there anymore. Words are worthless, when there is a document available and not shown, which means there may not even be such a document, or there is a document but with information harmful to Obama. No government official can be a single voice to the newspaper verifying somebody’s citizenship and place of birth…it is ridiculous!