Leo Donofrio, who brought one of the first legal challenges to Obama's eligibility to be president and unsuccessfully tried to get the U.S. Supreme Court to get involved at the time of the election, is reporting on his
website that Hawaiian state law requires "information collected and maintained for the purpose of making information available to the general public" be released.
While Fulino's statements have been picked to pieces and, in fact, leave out a number of key issues, they now are being used as a reason for a demand that "information collected and maintained" be made public.
On his blog, Donofrio explained that one of his contacts, identified as "TerriK," had asked for all of the state information "collected and maintained" for the purposes of preparing Fukino's public statements.
Under state law, he said, "such information must be released."
"TerriK was interested in knowing how Director Fukino came to the conclusion that the president was a natural born citizen. She was familiar with Section 92F-12(15) which demands that all information collected and maintained for the purposes of making such a public statement be made public. She was denied that information despite the clear wording in the statute. Furthermore, the case law from Hawaii clearly demands production of the records TerriK requested," he said.
Donofrio said work is under way to press the demand.
"I will provide legal research and relevant examples of official correspondence in my follow up report and press release at this blog.
TerriK has previously provided details of her investigation and correspondence with the state of Hawaii in comments to this and other blogs. She has also authorized me to speak publicly about her case and to provide the public with all relevant correspondence," he said.
Under the state's
law addressing records. exceptions are made for government records that would "constitute a clearly unwarranted invasion of personal privacy." Also exempted are various records regarding prosecutions and certain court
[COLOR=blue !important][FONT='Times New Roman', Georgia, Serif][COLOR=blue !important][FONT='Times New Roman', Georgia, Serif]papers[/FONT][/FONT][/COLOR][/COLOR].
But it explains that disclosure "shall not constitute a clearly unwarranted invasion of personal private if the public interest in disclosure outweighs the privacy interests of the individual."
In fact, the law states, "A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure.
The circuit court may examine the government record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld."
Donofrio said he would issue a full statement and make available the complete history of correspondence with the Hawaii agency on his blog.
"Any legal assistance provided by me to TerriK will be pro bono. I will seek to be admitted pro hac vice in Hawaii for purposes of filing the case and conducting the trial. If such admission is not forthcoming, other counsel may be retained or TerriK may represent herself pro se. In any case, I will be drafting the pleadings. The only issue will be related to who files them and conducts the trial de novo," he said.
He said correspondence already has confirmed "President Obama's vital records have been amended."
But he said this case already has circumvented the issue that has been the downfall of many of the court cases challenging Obama's eligibility: "standing."
"The [state] manual states: 'Any person' may make a request for government records under part II, the Freedom of Information section of the UIPA. 'Person' is defined broadly to include an individual, government agencies,
[COLOR=blue !important][FONT='Times New Roman', Georgia, Serif][COLOR=blue !important][FONT='Times New Roman', Georgia, Serif]partnerships[/FONT][/FONT][/COLOR][/COLOR] and any other legal entities," he wrote.
New case to demand evidence of Hawaiian birth
