Hawaii Attorney General Mark Bennett, Leo C Donofrio, Update, October 19, 2009, Stonewaled In Hawaii, Where’s World Net Daily On This Issue?, Stonewalled, Attorney client privilege, Public statement
*** Update below ***
From Leo C Donofrio, October 19, 2009:
“Last week I published a report which established that Hawaii Attorney General Mark Bennett was invoking “attorney client privilege” as to the opinion issued to Department of Health Director Fukino wherein the AG reviewed and approved the July 27, 2009 press release which stated to the world that President Obama was born in Hawaii and is a “natural-born American citzen”.
Is there no story here? Attorney client privilege was applied to a public statement? How is that possible? The statement was issued in a press release. No privilege applies.
In part 3 of my UIPA report, I detailed the legal statutes and case law in Hawaii that demand the Attorney General opinion be made public.
Parts 1 and 2 of that same report explained how the Hawaii Uniform Information Practices Act (UIPA) gives “any person” standing to challenge in court the failure of a Hawaii state agency to release records which the public are entitled to.
Furthermore, I also detailed – here and here – how DoH Communications Director Janice Okubo has been running interference by failing to answer proper UIPA requests as is required by OIP administrative rules.
I am preparing a follow up on all of this which illustrates Okubo’s continued failure to answer UIPA requests under OIP administrative rules which has the effect of stopping all research. Additonally, my appeals to the OIP have gone unanswered.
WHERE IS WND?
They are allegedly in possession of a petition with half a million names on it in support of political leaders investigating Obama’s POTUS eligibility. My question to WND is – why don’t you investigate his eligibility by using the very simple devices listed in the UIPA?
All WND must do is write up a copy of the same questions we have asked… email it to Janice Okubo and then follow up with an OIP appeal and a judicial branch appeal (to be expedited to the front of the litigation calendar by statute).
I have always found the WND reporting on eligibility to be very convenient to the Obama administration. They have chosen to focus on the sensational conspiracy theory aspects of the issue rather than the genuine legal problem he faces in that he was a British citizen at birth. But if WND want to genuinely establish themselves as true investigative reporters on the issue of Obama’s eligibility, all they have to do is make an effort to use the public disclosure laws available to “any person”.
I would be happy to write model UIPA requests, model appeals to the OIP and model judicial complaints to be filed in Hawaii Circuit courts for World Net Daily to act upon and to gather information. Not only is Obama’s COLB available for discovery right now via these laws, but so is the Attorney General opinion which guided Fukino’s infamous July 27th press release as well as the original vital records she viewed which allowed her to state that Obama was born in Hawaii.
There’s no reason to be groping around in the dark looking for these documents in federal court rooms by people who have no chance of garnering standing. Standing is granted to “any person” in Hawaii. WND and all the other attorneys involved in POTUS eligibility should be using the UIPA laws in Hawaii, along with the OIP administrative rules and judicial precedent to get the information necessary for the country to have closure on Obama’s place of birth.
If Okubo tries to stonewall WND the way she stonewalls the rest of the public, then she can see her face and her replies spread over the front pages of WND. And WND certainly has the resources to take this fight to the judicial branch in Hawaii.
Hawaii officials appear unwilling to work with me under their laws. I will be filing law suits. But I don’t see why WND and other interested attorneys continue to ignore the UIPA, OIP and judicial branch in Hawaii where standing is not an obstacle. If your fight is to see the Obama birth records, then these laws make that possible.
I see a pattern emerging where the UIPA is ignored and the federal Quo Warranto statute is not followed properly. It feels like a big attempt to keep public eyes away from true legal solutions while impossible exotic suits are brought in federal courts which have no subject matter jurisdiction for plaintiffs with undeniable standing issues.”
*** Leo C Donofrio update at October 19, 2009, 2:45 PM **
I’ve deleted my prior post so that the journal mentioned might reverse course now that I’ve made my point: that information is available from Hawaii for those who will call Hawaii to follow their own public disclosure laws.
No news journal can talk about this issue and deserve any respect if they aren’t willing to use the law available to them for research. Research is to the media just as a hammer is to a carpenter – a necessary tool. We shall now see if they are interested in doing their job or if they will continue to dodge that chore.”
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