Hawaii appeals court rejects 'birther' appeal (AP)

Thursday, April 7, 2011 6:01 PM By dwi

HONOLULU – A island appeals suite has rejected a man's request to "inspect and copy" Honolulu-born President Barack Obama's relationship certificate, locution the plaintiff unsuccessful to land a valid verify to having admittance to the document.

Chief Judge Craig Nakamura wrote in an instrument issued weekday that Robert V. Justice didn't exhibit there were "compelling circumstances" requiring the land Department of Health to exhibit him the relationship certificate. Two associate justices of the island Intermediate Court of Appeals concurred, digit in a removed opinion.

Hawaii's privacy laws bar the promulgation of relationship records unless the requester is someone with a tangible interest, such as a near kinsfolk member.

Justice didn't disagreement he lacked a tangible interest. But he said he should be healthy to wager the relationship credential anyway low a supplying of the accumulation that makes exceptions if there are "compelling circumstances moving the upbeat or country of any individual."

Justice, who represented himself before the court, said "the upbeat and country of every American" was at stake in this housing because Obama, as president, is answerable for ensuring domestic security and "the upbeat and country of the 300 meg Americans living on American soil."

But Nakamura wrote the omission exists to earmark grouping admittance to alive records in scrutiny or country emergencies.

He noted the federal Privacy Act has a similar provision. He cited a 1974 U.S. Senate NGO inform on the accumulation locution the omission exists to protect a government employee or agency from violating the accumulation when they have to promulgation individualized aggregation most someone to spend the person's life. A removed U.S. House NGO inform from the same assemblage said an line crash or an pestilential would be examples of valid crisis situations in which an omission would apply.

Nakamura said Justice's want to verify Obama's eligibility for chair doesn't meet this standard. He additional Justice unsuccessful to "allege any basis for asking that President Obama is a natural dropped citizen and that he is eligible to help as president."

Hawaii's former upbeat administrator said she verified Obama's example records in 2008 and 2009. Public notices were publicised in digit topical newspapers within life of Obama's relationship at a Honolulu hospital.

The Obama crusade issued a certification of live relationship in 2008, an authorised writing from the land display the president's Aug. 4, 1961, relationship date, his relationship municipality and name, and his parents' obloquy and races.

So-called "birthers" verify there's no grounds Obama was dropped in the United States, and he is thence disqualified to be president.


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