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A concerted effort was used to convince the press corps that special legal methods were necessary to acquire Obama’s long-form birth certificate from Hawaii

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Bob Bauer, White House Counsel, went to extraordinary efforts to persuade the assembled press corps that receipt of Obama’s “Certificate of Live Birth” from the Hawaii Department of Health was a special “waiver”; he also alludes to special legal analysis and process to make this request.  The following is from a transcript of the press gaggle held on the morning of April 27, 2011 before Obama spoke the immortal words “sideshows and carnival barkers.”

Bob Bauer makes this point on page 2, paragraph 8 & 9:

“Early last week the decision was made to review the legal basis for seeking a waiver from the longstanding prohibition in the state Department of Health on releasing the long-form birth certificate. And so we undertook a legal analysis and determined a waiver request could be made that we had the grounds upon which to make that request.

And by Thursday of last week, I spoke to private counsel to the President and asked her to contact the State Department of Health and to have a conversation about any requirements, further requirements, that they thought we had to satisfy to lodge that waiver request. She had that conversation with the state Department of Health on Thursday — counsel in question is Judy Corley at the law firm of Perkins Coie, and you have a copy of the letter she subsequently sent to the department with the President’s written request.”

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Note: the underlined words are my emphasis

Again, Bob Bauer emphasizes the special nature of this request on page 2, paragraphs 12 & 13:

“Let me emphasize again, there is a specific statute that governs access to and inspection of vital records in the state of Hawaii. The birth certificate that we posted online is, in fact, and always has been, and remains, the legal birth certificate of the President that would be used for all legal purposes that any resident of Hawaii would want to use a birth certificate for.

However, there is legal authority in the department to make exceptions to the general policy on not releasing the long-form birth certificate. The policy in question, by the way, on non-release has been in effect since the mid-1980s, I understand. So while I cannot tell you what the entire history of exceptions has been, it is a limited one. This is one of very few that I understand have been granted for the reasons set out in private counsel’s letter.”

Mr. Bauer is referring to Hawaii Statute §338-18 Disclosure of records which is shown below:

“338-18 Disclosure of records.  (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.

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The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by

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