What the Hell Does Orly Think She's Doing in Hawaii
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What the Hell Does Orly Think She’s Doing in Hawaii: An attempt at a concise summary of the ongoing Hawaiian antics of Dr. Orly Taitz, Esq Dr. Orly Taitz, Esq v. Loretta Fuddy and Dr. Alvin Onaka Circuit Court for the First Circuit, State of Hawaii Civil Case 11-1-1731 “Petition for a Writ of Mandamus and Request for Inspection of Records Under United Information Practices Act, Statute 92F, State of Hawaii” NOTE: This document contains several links to Dr. Orly Taitz’s website. Dr. Taitz’s website has been known to trigger malware warnings on several occasions, and is often blocked by net nanny and safe browsing software. Click on links at your own risk. NOTE: Due to the highly unpredictable nature of Taitz’s legal antics it can often be difficult to figure out which case she thinks she is arguing. Her default setting on those rare and special occasions when she gets to perform her art in front of a judge seems to be “all of them”. As a result, this timeline includes all of her known interaction with Hawaii State agencies, Hawaii State courts, the Federal District Court for Hawaii, and any filing in any other court that attempts or has attempted to compel or coerce the Hawaii Department of Health into doing anything at all. Also included are references to any and all relevant court or administrative hearing rulings. This is based on the theory that it is likely that Orly will attempt to reference some or all of these activities/events/filings/imaginary animals during any future hearing or court filing. NOTE: Where possible, information has been drawn from public records. However, there are cases where (unfortunately) the best available information consists of statements made by Orly Taitz. Dates of actions that Orly claims to have been taken should be viewed as approximations, at best. Reader beware. Acknowledgements: I’m grateful to the members of The Fogbow for their suggestions following the publication of the first draft of this document, and their encouragement throughout the sanity-taxing task of assembling it. ©Mike Dunford 2012. All Rights Reserved. What the Hell Does Orly Think She’s Doing in Hawaii Timeline of Events: 22 April 2011: President Barack Obama, acting through his personal attorney, requests that the Hawaii Department of Health make an exception to policy and allow him to obtain certified copies of his long form birth certificate. Obama’s attorney flies to Hawaii to obtain the copies1 25 April 2011: Hawaii Director of Health Loretta Fuddy signs a letter to the President granting his request, and stating that she personally witnessed the copying of the documents.1 27 April 2011: President Barack Obama’s long form birth certificate is released to the press at a White House press conference. 1 4 May 2011: Orly Taitz writes a four page letter to Dr. Alvin T. Onaka, Hawaii State Registrar & Chief, Office of Health Status Monitoring, Hawaii Department of Health. The letter is captioned as a “Request Of Access To Records Under Hawaii Uniform Information Practices Act of 1975.” The letter contains a litany of accusations relating to the birth certificate released days earlier by the White House, and concludes by demanding access for Taitz and her (as yet unnamed) experts to personally inspect the original birth record. Taitz also demands that Onaka answer a number of questions. Although Taitz gives the name of the statute she is relying on, she does not cite to any specific section or subsection of the statute.2 7 May 2011: Orly Taitz sends a letter to Hawaii Director of Health Loretta Fuddy demanding access to inspect President Obama’s birth certificate under Hawaii’s Uniform Information Practices Act (“UIPA”). This request is similar, but not identical, to the UIPA request sent to Dr. Onaka three days earlier requesting the same access to the same information. In this letter, Taitz states that she is attaching a “a certified copy of the original Certificate of Live Birth of one Susan Nordyke” as Exhibit 2. Exhibit 2 actually appears to be a photocopy or a scan of a certified copy of the Nordyke birth certificate, not an actual certified copy. This may indicate that Dr. Taitz has some difficulty in understanding the difference between certified copies and photocopies.3 19 May 2011: Dr. Onaka replies on behalf of himself and Dr. Fuddy to Taitz’s 3 May and 7 May UIPA demands. Citing Hawaii Revised Statute (“HRS”) §92F-13(4), he points out that Hawaii UIPA does not require the disclosure of records when disclosure is protected by 1 http://www.whitehouse.gov/blog/2011/04/27/president-obamas-long-form-birth- certificate 2 A copy of this letter was included within Exhibit 5 of Orly’s original complaint in Taitz v. Fuddy, and can be seen at: http://www.scribd.com/doc/64159576/TAITZ-v-FUDDY-et-al- HI-CIR-CT-Exhibits-4-7-to-Complaint-64118717 3WARNING: site at following link may contain malware. http://www.orlytaitzesq.com/?p=21476 ©Mike Dunford 2012. All Rights Reserved. 2 What the Hell Does Orly Think She’s Doing in Hawaii other State laws. He refers Taitz to HRS §338-18, which prohibits the Department of Health from disclosing vital records to anyone other than those who have a tangible interest in the document. He also specifically refers Taitz to HRS §338-18(b), which provides the listing of parties considered to have a direct and tangible interest. Dr. Taitz’s UIPA request is denied in full.4 24 May 2011: Orly Taitz mails a (fatally defective) subpoena to Loretta Fuddy. The subpoena in question demands that Fuddy submit to a deposition at 10:00 am on 27 June 2011, and that Fuddy permit Taitz and as yet unnamed experts to inspect Barack Obama’s original birth certificate at 10:00 am on 27 June 2011. The subpoena is nominally tied to one of Taitz’s FOIA cases in Washington DC, Taitz v Astrue (USDC, District of Columbia, case # 11-cv-00402-RCL). The subpoena in question was issued from the DC District Court instead of the Hawaii District Court, and was signed by Orly Taitz even though Taitz has not been admitted to practice in Washington DC.5 26 May 2011: Orly Taitz mails a (fatally defective) subpoena to Loretta Fuddy. This time, the subpoena demands that Dr. Fuddy produce Barack Obama’s original birth certificate for inspection at 10:00 am on 29 June 2011. The subpoena is nominally tied to one of Taitz’s FOIA cases in Washington DC, Taitz v Astrue (USDC, District of Columbia, case # 11-cv- 00402-RCL). This subpoena is issued from the USDC, District of Hawaii. As was the case with the previous subpoena, this one was signed by Orly Taitz even though Taitz has not been admitted to practice in Hawaii. 6 4 June 2011: Orly Taitz sends a UIPA request to Dr. Fuddy. This UIPA request demands a certified copy of the original long form birth certificate for Virginia Sunahara, who was born on 4 August 1961 and died the following day. Although Dr. Taitz has included a copy of this letter in the exhibits to one or more court filings, the Hawaii Department of Health’s denial of this request does not appear to have been alleged as a cause of action in any of them, and the remedies that Dr. Taitz has been seeking from the court in the action based on the denial of her UIPA requests do not include receiving access to the Sunahara birth certificate. 7 4 A copy of this letter was also included within Exhibit 5 of Orly’s original complaint in Taitz v. Fuddy, and can be seen at: http://www.scribd.com/doc/64159576/TAITZ-v-FUDDY-et- al-HI-CIR-CT-Exhibits-4-7-to-Complaint-64118717 In a demonstration of the care and attention to detail that are characteristic of Dr. Taitz’s legal efforts, the response from Onaka actually appears within exhibit 5 first, with the actual request following the response. 5 http://www.scribd.com/doc/56229377/TAITZ-v-ASTRUE-Invalid-Subpoena-Issued-by- Orly-Taitz-to-Loretta-Fuddy 6 http://www.scribd.com/doc/56475811/TAITZ-v-ASTRUE-INVALID-SUBPOENA-2- ISSUED-BY-ORLY-TAITZ 7 A copy of this letter was also included within Exhibit 5 of Orly’s original complaint in Taitz v Fuddy, even though it appears to have little or no connection to the other documents included in that exhibit. http://www.scribd.com/doc/64159576/TAITZ-v-FUDDY-et-al-HI- CIR-CT-Exhibits-4-7-to-Complaint-64118717 ©Mike Dunford 2012. All Rights Reserved. 3 What the Hell Does Orly Think She’s Doing in Hawaii 8 June 2011: Orly Taitz sends another letter to Dr. Onaka. Taitz titles this letter, “Request for administrative agency review”. In the letter, she states that she is sending the letter as part of the “required pre-litigation steps of requesting agency review of my appeal of your decision”.8 13 June 2011: Hawaii Deputy Attorney General Jill Nagamine sends Orly Taitz a letter. The letter references the two defective subpoenas issued by Taitz (see entries for 24 May 11 and 26 May 11). Ms. Nagamine notes that the subpoenas were not issued or served in accordance with the Federal Rules of Civil Procedure. Ms. Nagamine goes on to say that even if a subpoena were to be issued in accordance with FRCP guidelines, Hawaii State Law prohibits the disclosure of the information. Taitz is told that she will need to receive a court order from a court of competent jurisdiction before she can be given access to Mr.