After various responses from the DoH giving unclear answers to UIPA requests which exclusively pertained to birth documents for Obama dating back to August 1961 – specifically documents which caused his birth to have been “Filed by Registrar August 8, 1961″ – I requested assistance from the OIP. Their interpretation of the DoH response was that of a denial of access. But the OIP also issued guidance as to how I could properly refine my request.
I took the OIP advice and issued a 6th UIPA request asking for the same documents and limiting any possible wiggle room.
And to this request I recently received a clear denial of access from the DoH by way of an official OIP form. I also received clear response forms from the DoH as to my previous UIPA requests.
Prior on target UIPA requests by other researchers had more than one box checked. The denied box was checked and other boxes were checked which could also mean that the DoH did not maintain the record. That policy – at least for my UIPA requests – has now changed as the DoH only checked the “DENIED IN ITS ENTIRETY” box.
According to OIP administrative rules and guidance from OIP staff attorney Linden Joesting (originally provided to Terri K), the denial of access box can only be checked when the agency does in fact maintain the requested record.
I requested birth records for President Obama – maintained by the DoH – dated from August 1961. I was only concerned with documents which came into existence no later than August 10th 1961. The DoH has replied by denying access to those records.
This is a clear statutory admission that they possess records pertaining to President Obama’s birth which came into existence back in August 1961.
And this is the first clear admission that such birth records exist and are currently maintained by the DoH.
The next phase will be to appeal the DoH decision not to release these documents. The law in Hawaii supports such release since both Obama and the DoH have waived privacy protections to those portions of the records which have already been made public. According to precedent in Hawaii, such vital records should be released with any information which has not been previously made public redacted.
Leo C. Donofrio