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State court case launched to retrieve birth records
Posted By Jerome R. Corsi On 08/11/2011 @ 9:05 pm In Front Page | Comments Disabled
California attorney Orly Taitz has filed in Hawaii state court a Petition for Writ of Mandamus, which if granted would require the Department of Health to turn over to her the original 1961 Obama birth records that the agency has kept from the American public.
A mandamus action is something to compel an official or government officer to perform a duty demanded by the petitioner. And in this situation, the case is in support of her subpoena for the birth records for the president.
In submitting the Writ of Mandamus, Taitz filed 48 pages of pleadings and exhibits before Circuit Court Judge Rhonda Nishimura.
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This represents a separate legal action from the court order Taitz obtained from U.S. District Court Magistrate Judge Richard L. Puglisi which will require representatives of the Hawaii Department of Health appear in federal court Sept. 14 to show why Taitz should be prevented from seeing whatever original documents the agency has on record regarding Barack Obama’s birth, as authorized by subpoena.
Taitz pursued action in both state and federal courts after officials from the Hawaii attorney general’s office presented her on Monday with a letter refusing to comply with her subpoena on grounds that Hawaii privacy law prevents Hawaii Department of Health officials from releasing Obama birth records to the public.
Taitz has maintained that by releasing his long-form birth certificate to the American public on April 27, Obama has waived all privacy restrictions that would prevent the Hawaii DOH from making public the original 1961 birth records the agency has on file.
“I decided to file the state case for mandamus because this is a separate case that stands on its own,” Taitz told WND, explaining that the subpoena depends on the federal district court case she file in Washington, D.C., seeking Obama’s Social Security information.
“If the federal district court dismisses the case regarding Obama’s Social Security number and my subpoena is dismissed as a result, I still have the state court case seeking mandamus that will continue to apply,” she explained.
“The subpoena is also limited in that it applies only to Loretta Fuddy, the director of the Hawaii Department of Health, but the state court case applies both to Fuddy and to the Hawaii DOH registrar Alvin Onaka,” she continued. “Onaka authenticated the Obama birth certificate and the state case challenges the Obama birth records independently of the Social Security number issues.”
According to Hawaii state law procedures, Taitz expects Nishimura to request from the Hawaii DOH certified birth records for the court to examine prior to setting a formal hearing on the mandamus petition.
“Obama has already waived his rights to privacy by releasing to the public April 27 the same records that the Hawaii DOH supposedly has on file,” Taitz said.
“Why wouldn’t the Hawaii DOH allow me and my experts to inspect what is on file.”
Taitz charged that if the long-form birth certificate the White House released on April 27 is not on file in a 1961 original copy in the Hawaii DOH, then a criminal felony has been created.
“I don’t believe there is any 1961 typewritten birth certificate document for Obama on file in the Hawaii DOH that looks anything like what the White House released,” she asserted. “Why else would the Hawaii DOH fight me so hard to keep us from seeing whatever birth records are on file?”
Taitz also made an appeal for her supporters to show up in person in Hawaii.
“I would appreciate people showing up in Honolulu on Sept. 14 in Judge Puglisi’s courtroom to support me,” Taitz asked. “The judge will think twice before sweeping an issue under the rug or dismissing me as an attorney if people supporting me show up to attend the hearing.”
Taitz told WND she is preparing to post a copy of her 48-page state court mandamus petition and exhibits on her website.
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