Stunning disclosure in court documents
Orly Taitz (pictured right) has published the text of her new complaint in the state lawsuit, Taitz v Fuddy, against Dr. Fuddy and Dr. Onaka of the Hawaii Department of Health to obtain Obama’s birth certificate under the state’s UIPA statute. The rambling recapitulation of birther talking points (every thing to Columbia College attendance to long form forgery) is largely irrelevant. Her main argument is: UIPA requires disclosure except when privacy is required, and Obama’s release of the long form is a waiver of privacy.
Taitz’s complaint contains the following shocking admission (point 34.4):
Obama has already waived any claims of privacy in relation to the original long form birth certificate, as he personally disclosed the document and posted it on the official White house internet site WhiteHouse.gov easily accessible by any US or foreign citizen.
I think that this is a plain admission on Taitz’s part that the White House document is authentic, original and legitimate because the whole context of her argument is that Obama waived his right to privacy when he published this document. She can’t have it both ways – either Obama released his original form and Taitz already has what she’s asking the State for, or he has not in which UIPA protects the original.
The essential flaw in Taitz’s argument, though, is that she misrepresents the UIPA statute. Taitz says (34.2):
Hawaii Unified Information Practices act UIPA, as codified under 92F allows the public at large inspection of records in custody of the state agencies, unless such records are protected by local privacy codes.
That’s not quite what it says. The actual statute is:
§92F-11 Affirmative agency disclosure responsibilities. (a) All government records are open to public inspection unless access is restricted or closed by law.
Vital records are closed by law:
§338-18 Disclosure of records. To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.
In related news, the peripatetic Orly Taitz will be back in Hawaii on September 14 for the hearing on her motion to compel Hawaii Department of Health Director Loretta Fuddy to answer a subpoena for Barack Obama’s birth certificate in the federal FOIA case of Taitz v Astrue.
Not content to just show up, Taitz wants company:
I am asking my supporters to come to my “Motion to compel” hearing against Loretta Fuddy, director of Health, State of HI.
Certainly this won’t influence the court, nor increase the meager coverage (if any) she’ll get in the local media. Why should these folks spend thousands to travel to Hawaii? I guess to stroke Orly’s ego.