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Obama Will have his Day in Court
Dr. Orly Taitz, Esq.
[COMMENT: This is dynamite, and may be what many of us have been waiting for, the exposure of perhaps the biggest governmental fraud on American history, the exposure of the perpetrator and hopefully of his allies, the globalists who run America. May God bring His justice and mercy to bear upon them all. Thanks be to God for Orly Taitz with her truth-seeking persistence and determination.
Pray for, most of all, a spirit of truth-seeking and of truth-speaking to fall upon America, that we stop our position-defending, and let the truth and the Lord of truth speak for themselves to give us the true "position". E. Fox]
See also second article below on Sheriff Arpaio getting ready to investigate Obama's certificate.
Posted on
| August 17,
2011 |
17 Comments
Taitz v Fuddy, Onaka
Complaint, exhibits1,2
Taitz v Fuddy, Onaka
exhibits3-7
Dr. Orly Taitz, ESQ
29839 Santa Margarita ste 100
Rancho Santa Margarita CA 92688
Ph 949-683-5411 fax949-766-7603
Orly.Taitz@gmail.com
CIRCUIT COURT FOR THE FIRST CIRCUIT HONOLULU, HAWAII
) PETITION FOR A WRIT OF
MANDAMUS
DR. ORLY TAITZ, ESQ
) REQUEST FOR INSPECTION OF
RECORDS
PLAINTIFF UNDER UNIFIED PRACTICES ACT
)
STATUTE 92F, STATE OF HAWAII
) HON. JUDGE NISHIMURA PRESIDING
V
)
)
LORETTA FUDDY IN HER OFFICIAL CAPACITY AS )
DIRECTOR OF THE DEPARTMENT OF HEALTH )
STATE OF HAWAII,
)
DR. ALVIN T. ONAKA,
)
IN HIS OFFICIAL CAPACITY AS
)
THE REGISTRAR, DEPARTMENT OF HEALTH
)
STATE OF HAWAII
)
PROOF OF SERVICE
I, Lila Dubert, am over 18 years old, not a party to this case and I declare
under penalty of perjury that I served the parties listed below with above
mentioned complaint and summons by certified mail:
1. Loretta Fuddy
Director of Health
Department of Health
1250 Punchbowl Ave, Room 325
Honolulu, HI 96813
I served Loretta Fuddy on August 12, 2011 by certified mail
2.Dr. Alvin Onaka
Registrar
Department of Health
1250 Punchbowl Ave
Honolulu, HI, 96813
I served Dr. Alvin Onaka by Certified mail on August 12, 2011
3. Courtesy notice given to
Jill T. Nagamine
Deputy Attorney General
Office of Attorney General
State of HI
465 South King Str
Honolulu, HI 96813
I served Jull Nagamine on July 15, 2011
Dr. Orly Taitz, ESQ
29839 Santa Margarita ste 100
Rancho Santa Margarita CA 92688
Ph 949-683-5411 fax949-766-7603
Orly.Taitz@gmail.com
CIRCUIT COURT FOR THE FIRST CIRCUIT HONOLULU, HAWAII
) PETITION FOR A WRIT OF
MANDAMUS
DR. ORLY TAITZ, ESQ
) REQUEST FOR INSPECTION OF
RECORDS
PLAINTIFF
UNDER UNIFIED
INFORMATION PRACTICES
ACT
)
STATUTE 92F, STATE OF HAWAII
V
)
CIVIL 11-1-1731-08
) HON. RHONDA NISHIMURA PRESIDING
LORETTA FUDDY IN HER OFFICIAL CAPACITY AS )
FILED AUGUST 10, 2011
DIRECTOR OF THE DEPARTMENT OF HEALTH )
TRIAL DATE -NOT SET YET
STATE OF HAWAII,
)
DR. ALVIN T. ONAKA,
)
IN HIS OFFICIAL CAPACITY AS
)
THE REGISTRAR, DEPARTMENT OF HEALTH
)
STATE OF HAWAII
)
Jurisdictcion
This court has jurisdiction, as the defendants Loretta Fuddy, in her official
capacity as the Director of Health, State of HI Department of Health
(Hereinafter “Fuddy”, and Alvin T. Onaka, Regisgtrar of the Department of
Health (hereinafter “Onaka”) are located at 1250 Punchbowl street within
Jurisdiction the First Circuit Court of the State of HI.
Governing Statute
Unified Information Practices Act, as codified in statute 92F
Parties
Plaintiff
Dr. Orly Taitz, ESQ, Attorney Pro Se, President of the “Defend Our Freedoms”
foundation
Defendants
Ms. Loretta Fuddy, Director of Health, Department of Health, state of HI.
Dr. Alvin T. Onaka, Registrar Department of Health, State of HI
Factual allegations
1. Defendant Fuddy in her official capacity as Director of Health is a custodian
of the original birth records of individuals born in HI, or
individuals born abroad, who received Hawaiian birth certificates pursuant to
statute 338-17, as well as Late Birth Records, created later in life under
statute 338-6 when the original birth records are not available.
2. Defendant, Dr. Alvin T. Onaka, in his official capacity as the registrar of
the Department of Health is the state of Hawaii official responsible for the
authentication of the original records and the certified copies of the original
records.
3. Under Article 2, section one of the Constitution of the United States
President of the United states has to be the “natural born citizen” of the
United States of America.
4. Article 2 section one is the only law/statute governing the eligibility
of the President of the United States. U. S. Constitution is the Supreme law of
the land, which supersedes any state statutes. No state statute, no state claim
of privacy can supersede the requirement of the of the US
Constitution for the President to be “Natural born” or de facto invalidate
the Constitutional requirement by refusing to provide access and right for
inspection of the admissible competent evidence of Natural Born status.
5. Fourteenth amendment of the Constitution does not provide definition of the
“Natural Born citizen” as it relates only to the requirements of the
citizenships and not “Natural Born Citizen” for the purpose of the qualification
for the presidency of the United States.
6. “Natural Born Citizen” is different from “Native Born Citizen” and “Citizen
at birth”
7. Citizen at birth provides one citizenship based on law or statute,
regardless, whether born in the United States or not.
8. Native born Citizen is one born in the country, but might allow for split
allegiance to other sovereignties.
9. “Natural Born Citizen” is the form of citizenship with the highest
requirements of allegiance, based on “Jus Solis” and “Jus Sanquinis”, born in
the country with allegiance by blood (inherited from both parents”.
10. Only one person at a time is required to possess this highest form of
allegiance and citizenship- President of the United States. Such highest form of
allegiance was sought by the framers of the United States Constitution in order
to assure an undivided allegiance of the President of the United States of
America and the Commander in Chief.
11. Barack Huissein Obama, currently occupying the position of the President of
the United States, claims to be born in the state of Hawaii and claims the
original typewritten long form birth certificate, created in 1961,
is on file and in custody of the Defendants.
12. For nearly three years Mr. Obama refused to release his original long form
birth certificate with the name of the doctor, hospital, registrar and
other pertinent information.
13. Multiple individuals, including members of the US military demanded to see
the long form birth certificate to make sure, that Mr. Obama is indeed qualified
for the position of the P{resident of the United States and Commander in Chief.
14. Highly decorated U.S. Army officer, Bronze star recipient, flight surgeon
LT. Col.
Terrence Lakin was court martialed and spent six month in Fort Leavenworth
military prison for demanding to see verification of legitimacy of Mr. Obama, as
the president of the United States. In spite of thousands of requests for Mr.
Obama to provide his long form birth certificate and spare a decorated officer,
he refused to do so and in December of 2010 Lt. Col. Lakin was sent to prison.
15. Plaintiff herein is an attorney who represents other clients, questioning
Mr. Obama’s legitimacy to presidency, among theM former UN ambassador Dr. Alan
Keyes, 10 State Representatives from around the Nation and over 200 members of
the military, going up in rank to Major General. She was named by
the media “Queen of the Birthers”, leader of the dissident movement, questioning
Barack Hussein Obama’s legitimacy to the US Presidency.
16. Plaintiff and her clients were viciously attacked, defamed and
persecuted for demanding to see the original record, which is the basis of Mr.
Obama’s eligibility to the U.S. Presidency.
17. On May 2, 2011 Taitz was scheduled to appear in oral argument in the Ninth
Circuit Court of Appeals, in Barnett, Keyes et al v Obama 10-55084,
seeking access and inspection of Mr. Obama’s original 1961 long form birth
certificate, kept on file in care of the defendants.
18. On April 27, 2011, only a few days before the scheduled oral argument in the
Ninth Circuit court of Appeals , Mr. Obama held a public press conference, where
he disclosed, what he claimed to be the certified copy of the original Birth
Certificate. At the same press conference Mr. Obama attacked individuals,
seeking verification of his records, calling them “side show, carnival barkers”
and stating, that we have more important things to do.
This appearance was certain to influence the three judge panel of Hon. Berzon,
Hon. Pregerson and Hon. Fisher of the Ninth Circuit Court of Appeals, getting
ready to hear the oral argument in Barnett, Keyes v Obama and was
calculated to send the message, that the original long form birth certificate
was disclosed to the public and the whole issue is moot. This cheap performance
by Mr. Obama was also calculated to create a mass hysteria of further
persecutions and harassment of the Plaintiff and her clients.
19. Shortly after Mr. Obama disclosed an alleged certified copy of his birth
certificate and posted it on the WhiteHouse.gov official web site, for the whole
world to see, Taitz started getting multiple affidavits of experts, attesting to
the fact, that the document disclosed by Mr. Obama to the world and posted on
line is a computer generated forgery.
20. Mr. Felicito Papa, an expert in Adobe software provided an affidavit and
exhibits, showing that the document in question was computer generated and shows
different layers of computer images, that were used and compiled together in
order to create this “birth certificate”. Exhibit 1.
20. Mr. Paul Irey , an expert in typesetting with over 50 years of experience,
provided an affidavit, showing that the letters and numbers in the document came
from multiple different typesetting, which is a clear evidence of forgery.
Exhibit 2
21. Mr. Douglas Vogt, a 40 year expert in scanners and printers provided
evidence of a mixture of different inks, kerning, gray scale mixed with color,
mixture of ink writing and computer generated graphics,
showing the document to be forged. Exhibit 3.
22. Alleged certified copy of Obama’s birth certificate showed serial
number 10641 and date of issuance 08.08.1961, which was completely out of order
with previously made public certifications of Susan and Gretchen Nordyke,
bearing serial numbers 10638 and 10639, even though issued on 08.11.1961, three
days earlier.
23. Individuals, who do not posses valid birth certificates cannot obtain
valid social security numbers. From February 2011 until now Taitz is prosecuting
a 5 USC 552 Freedom of Information case Taitz v Astrue 11-402 RCL, USDC
District of Columbia, where Taitz provided Obama’s Selective service
certificate, showing him using Connecticut Social Security number 042-68-4425
(Exhibit 4 ) and Social Security Verification Systems letter, showing that
this number was never assigned to Obama. This provides further evidence, that
Barack Obama does not have a valid birth certificate and does not have a valid
social security number assigned to him.
24. Similarly, Taitz obtained verification from the Student Clearing house,
showing Obama attending Columbia University only for 9 months, which contradicts
Obama’s public statements, where he claims to attend Columbia for two years. All
of this information show a pattern of fraud and lack of valid vital records.
25. On May 4 of 2011, Taitz sent certified mail requests to defendant
Loretta Fuddy, director of Health and defendant Onaka,
requesting inspection of Obama’s 1961 original birth certificate under Unified
Information Practices act of HI, codified as 92F,
26. Taitz received a response from Alvin T. Onaka, dated May 19, 2011,
whereby Onaka stated, that he is responding on behalf of Fuddy and his own
behalf and refused to allow inspection, citing privacy concerns and state
statute HRS-§338-18
27. Taitz requested an administrative appeal and reconsideration, due to the
fact, that Obama already waived any claims of privacy in regards to his long
form birth certificate by disclosing it to the public and posting it on the
official website WhiteHouse.gov
28. From the beginning of June, for a period of three month, there was no
response to the request for the administrative appeal, which is tantamount to a
denial of the request for the appeal.
28. Knowing, that the certificate of live birth posted on WhiteHouse.govTaitz is
a forgery according to experts, Taitz looked for a possible source of the
serial number 10641 used on that birth certificate.
29. A long time close friend of Obama is a known domestic terrorist William
Ayers, leader of the terrorist organization “Weathermen”, which was responsible
for some 110 bombings around the country in the early 70s, among them bombings
of the Pentagon, Capitol, New York city police headquarters and military
barracks.
30 Ayers and his wife Bernardine Dorn were on the run for ten years and needed
forged and fraudulently obtained vital records.
31. In his book Fugitive Days Ayers described his methods of
obtaining fraudulent vital records, among them search of the graves of the
deceased infants and use of their birth certificate numbers.
32. On August 4, 1961, same day, as the alleged date of birth of Obama, an
infant by name Virginia Sunahara was born at the Wahiana hospital in
Honolulu.
Due to health problems she was immediately transferred to the Kapiolani
hospital, where she died next day, on August 5, 1961. Hi state archives show her
birth and death listed among ones born and one deceased in 1961, but repeated
request for her birth certificate yielded a response, that there is no birth
certificate on file. While it could be understandable for the Health Department
to respond, that the record is not available due to privacy, it is suspicious,
that the Health department responded to the petitioners, that it does not exist.
33. On June 4, 2011 Taitz requested from defendant Fuddy a certified copy of
Sunahara’s birth certificate, but Fuddy did not respond.
34. As of now defendants did not allow examination of the original long form
birth certificate for either Obama or Sunahara.
Complaint for petition for the Writ of Mandamus, request to allow inspection
Purposes;
rules of construction
In a democracy, the people are vested with the ultimate decision-making power.
Government agencies exist to aid the people in the formation and conduct of
public policy. Opening up the government processes to public scrutiny and
participation is the only viable and reasonable method of protecting the
public’s interest. Therefore the legislature declares that it is the policy of
this State that the formation and conduct of public policy–the discussions,
deliberations, decisions, and action of government agencies–shall be conducted
as openly as possible.
The policy of conducting government business as openly as possible must be
tempered by a recognition of the right of the people to privacy, as embodied in
section 6 and section 7 of Article I of the Constitution of the State of Hawaii.
This chapter shall be applied and construed to promote its underlying purposes
and policies, which are to:
(1) Promote the public interest in disclosure;
(2) Provide for accurate, relevant, timely, and complete government records;
(3) Enhance governmental accountability through a general policy of
access to government records;
(4) Make government accountable to individuals in the collection, use, and
dissemination of information relating to them; and
(5) Balance the individual privacy interest and the public access interest,
allowing access unless it would constitute a clearly unwarranted invasion of
personal privacy.
The intent of the legislature is to provide transparency and public access to
information, while balancing it with concerns of privacy of the individuals, who
wish their information to remain private. As Obama has expressly indicate
through his personal attorney Judith Corley and through his release of the
document in question to the public, he does not wish the document to remain
private. As such there is no justification for defendant’s refusal
to allow inspection of the document in question.
Wherefore Plaintiff respectfully seeks a Writ of Mandamus, advising the
defendants, that:
1 Person of interest, whose long form birth certificate is sought has waived any
claims of privacy by making a public disclosure of the document in question
during his press conference on April 27, 2011.
2. After April 27, 2011 §338-18 no longer applies to the long
form birth certificate sought and Defendants erred in refusing to allow
inspection based on above statute.
3. Defendants are obligated to allow Plaintiff inspection of the long form
birth certificate sought under Unified Information Practices Act chapter 92f of
Hawaii Revised statutes.
4 Defendants are liable to the plaintiff for all costs and fees associated with
this action.
Respectfully submitted
Dr. Orly Taitz, ESQ.
We the undersigned citizens are respectfully requesting that you initiate a criminal investigation under the authority of A.R.S. 13-2407 A-C, Into the alleged Certificate of Live Birth, File Number 151 61 10641, State of Hawaii, for Barack H. Obama II. The document was released on April 27, 2011, by the White House to the press and posted on the White House website and distributed and downloaded by computer throughout the nation, including within Maricopa County. Reportedly, several experts have declared the document to be a forgery. Reportedly, the file number may be out of sequence; "THE" appears to be misspelled as "TXE" in the State Registrar's stamp; there appears to be a "smiley face" in the "A" in the Alvin T. Onaka, State Registrar stamp; reportedly the document has computer generated, multiple layers and is not a copy of a single layered document; font types appear to vary throughout the document, reportedly, not possible with a vintage 1961 mechanical typewriter. We urge you to continue to support the Rule of Law and to investigate and determine whether the alleged Certificate of Live Birth, for Barack H. Obama II, File Number 151 61 10641, is a forgery or an authentic document. A.R.S. 13-2407 A-C, declares that tampering with a public record is a class 6 felony.
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Date Posted - 08/23/2011 - Date Last Edited - 08/23/2011