Main Menu

Archive | October, 2009

Donofrio team pries previously known information out of Hawaii

Leo. C. Donofrio

Leo. C. Donofrio

I don’t want to make too much fun of Donofrio and his article DoH Reverses Course – Releases Index Data For President Obama, Stanley Ann and Barack, Sr; No Records For Maya Exist. While the fake dramatic aura written into his article is silly, at least it presents some facts.

It has been clear to me since last year that this, and another approach to obtaining records from Hawaii, if pressed, would result in disclosure of this  already-public information. The other approach is the Verification in Lieu of a Certificate. But the information pried out of the Department of Health, is the same information the DOH sent to the Hawaii Newspaper Agency and was subsequently printed in two Honolulu newspapers 47 years ago. I suppose it’s nice that Donofrio has another voice from the same source saying the same thing, but there is no surprise here. This really is “old news”.

Leo also “learned” that Obama’s sister, Maya Soetoro-Ng does not have a Hawaiian birth certificate which–while still claimed otherwise by birthers as recently as by a filing in Hollister v. Soetoro a week ago–is impossible under Hawaiian law. So TechDude (who claimed he could see that the COLB was constructed from a base copy of Maya’s birth certificate) is exposed as a fraud (wait, TechDude was already exposed as a fraud).

It remains to be seen if Leo Donofrio will be believed or demonized by the birthers. The odds are on the latter.

A librarian and a judge on “native born”

Continuing the steady drip of historical bits related to the natural born citizen question, I present a citation from the State Librarian of Kentucky, Emma Guy Cromwell, who in 1920 wrote a book on how to be a good citizen for the voters of her state, CITIZENSHIP: A MANUAL for VOTERS.

I present her comments, not as a legal expert or a constitutional scholar, but as a voice of an educated person from the early part of the 20th century, providing a window on the general understanding of things. Certain propagandists are attempting to create a false history of citizenship, a fiction that there was some consensus that never really existed. In 1844, Justice Sandford (Lynch v Clarke) declared a universal opinion, adding:

The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not.

My reading shows that the terms “natural born” and “native born” appear interchangeably in the literature, as we have just seen. Here is what Ms. Cromwell had to say:

There are two classes of citizens; native born, and naturalized. Persons born in the United States and children born of American parents while abroad are native born. Naturalized citizens are aliens who through the process of naturalization have attained citizenship.

Donofrio’s latest

Leo. C. Donofrio

Leo. C. Donofrio

The latest being:

TerriK INVESTIGATION, Part 3: Hawaii AG Mark Bennett Approved Fukino’s Natural-Born Citizen Statement; All Records Should Be Made Public According To Law.

Usually I can follow what Leo Donofrio is arguing, but this latest foray into Hawaii has left me somewhat baffled. His mistakes are often subtle, but not so here. If I may summarize:

1) Hawaiian law requires that data supporting official statements be made public
2) Dr. Funkino made an official statement saying that she had examined Barack Obama’s vital records and that they show that he was born in Hawaii.
3) Therefore Hawaiian law requires the State of Hawaii to provide copies of Obama’s vital records to the public.

Before looking at the premises, I like to apply a rule of thumb I call the “smell test”. We know that in Hawaii vital records are private; they are protected from disclosure by law (§ 338-18 Disclosure of records HRS_0338-0018.htm). Now if state department of health director Fukino is prohibited by law from disclosing the record, how can she, by making an official statement permissible by law, (disclosure of index data) make herself suddenly not bound by the other disclosure restrictions of the  law? When one arrives at an absurd result, it’s time to inspect the validity of the argument. Continue Reading →

The Doc gets lazy

I confess that I got lazy. In the middle of doing some research, I stumbled on this article, What is a “Natural Born Citizen”? and I read it hurriedly.

I was surprised to see all the references to the important sources in the question. It was rather comprehensive.  The opening paragraphs seemed reasonable. So I said “this is cool” and put up an article, “Would P. A. Madison hold up in court?”

I also noticed that the article included the unfounded claim that Barack Obama was adopted in Indonesia and wrote a comment to the editor of the web site hosting the article. I also wondered why, in the middle of all those sources, the author mentioned an insignificant blogger, P. A. Madison. But I was in a hurry.

What I failed to do was to think about what I was reading. This was not a “non-partisan” piece as advertised, but rather a polemic disguised as a balanced report. (A report is not fair and balanced when it puts crank theories on equal footing with established fact.)

The final words of the article should have clued me in: “the sovereignty of our great nation is at risk”, but I let it slide.

I put up lots of information on this blog. Some of it is authoritative, and some of it is just interesting. Sometimes I get lazy and don’t label things correctly.