Dr.

Orly Taitz, ESQ

29839 Santa Margarita, ste 100 Rancho Santa Margarita, Ca92688
9

49 -683 -5 41

l,

fax 949 -7 66-7 6A3

orly [email protected]

PRO SE PLAINTIFF'IN MS

IN THE US DISTRICT COURT

SOUTHERN DISTRICT OF MISSISSIPPI

Dr. Orly Taitz, ESQ et al

V

) )
)

CASE |2-CY-28A
HON. FTENRY WTNGATE PRESIDING

Democratic Party of Mississippi et al

NOTICE OF DEFAULT BY DEFENDANT MICHAELASTRUE, COMMISSIONER OF SOCIAT SECURITY

MOTION FOR DEFAULTJUDGMENTAND POST DEFAUTT DISCOVERY

1.

Defendant Michel Astrue, commissioner of Social Security , was served on October 9 2012, by professional process service through the office of the U.S. Attorney in Washington DC. He was
served together with President Obama and Congresswoman Pelosi. Service of process is available on the docket.

2.

During 10.L6.2012 hearing Scott J. Tepper representing Obama, Pelosi, "Obama for America" and Democratic party of Mississippi (Hereinafter DPM) stated on the record that Astrue was
served, but did not respond within 21 days as others, as he was sued as a federal employee,

3. 4. 5. 6.

therefore he has 60 days to respond since the date of service. 60 days expired on December 8,2012. Astrue did not file an answer or any responsive pleadings and is currently in default. Plaintiff Taitz is seeking a Default Judgment against defendant Michel Astrue, fees and costs. Taitz is asking this court to grant her motion to compel records as part of the post Default discovery, specifically she is seeking a Motion to Compel production of the SS-5, Social Security application to Connecticut Social Security number xxx-xx-4425, (unredacted version of this

motion with the full Social Security number is provided to the court under seal) which was used by Barack Obama in his tax returns filed on WhiteHouse.gov, which was not assigned to him
according to E-Verify and SSN!

4r "' j,t,
AS PART OF POSTJUDGMENT DISCOVERY

7.

/s/

DR. Orly Taitz, ESQ

BRIEF IN SUPPORT OF DEFAULT JUDGMENT AND MOTION TO COMPET PRODUCTION OF DOCUMENTS

1,.

Defendant Michel Astrue, commissioner of Social Security , was served on October 9 20L2, by professional process service through the office of the U.S. Attorney/Department of Justice in Washington DC. He was served together with President Obama and Congresswoman pelosi.
Service of process is available on the docket.

2.

3.

During 10.L6.2012 hearing Scott J. Tepper representing other defendants: Obama, Pelosi, "Obama for America" and Democratic party of Mississippi (Hereinafter DPM) stated on the record that Astrue was served, but did not respond within 21- days as others, as he was sued as federal employee, therefore he has 60 days to respond since the date of service. 60 days expired on December 8,2012. Astrue did not file an answer or any responsive pleadings and is currently in default. Plaintiff Taitz is seeking a Default Judgment against defendant Michel Astrue, fees and costs. Taitz is asking this court to grant her motion to compel records as part of the post Default
discovery, specifically she is seeking a Motion to compel production of the SS-5, Social Security

4.
5. 6.

application to Connecticut Social Security number xxx-xx-4425. which was used by Barack Obama in his 2009 tax returns, but never assigned to Barack Obama according to e-verify and
SSNVS.

Affidavit of Felicito Papa attests to the fact that Obama originally did not flatten the PDF file and published the full CT Social security number xx-xx-4425 he is using on WhiteHouse.gov Exhibit 1. Affidavit of Felicito Papa 8. According to E-verify this number was never issued to Barack Obama Exhibit 2 Affidavit of Linda Jordan and E-Verify certification 9. According to SSNVS (Social Security Verification Systems) this number was never assigned to
7.

Barack Obama Exhibit 3 SSNVS certification

10. Obama's use of a stolen Social Security number and cover up of this fact is the basis of the RICO conspiracy, which included harassment, intimidation, persecution and financial damages to Plaintiff Taitz . L1. Without a motion to compel Taitz would not be able to obtain necessary information. Additionally, now there is evidence of defendants and their accomplices spoliating, destroying evidence. Recently some of the RICO co-conspirators took down a website "Fogbow" with a clear intent to destroy evidence. Similarly, Affidavits of lnvestigator Zullo (Exhibit 4) and Expert BIake (Exhibit 5 ) show a pattern of obstruction of Justice, evasion of law enforcement, ta mpering with evidence.

12. Based on all of the above good cause exists to grant Plaintiff Taitz Default Judgment and grant her motion to compel production olfgments in order to ascertain damages.

/ -/i d,l-

/s/

Or. Orly Taitz ESQ

AFFIDAVIT OF ORLY TAITZ REGARDING ATTEMPTS TO CONTACT DEFENDANT MICHEL ASTRUE

Defendant Astrue was notified about his legal action and he received the First Amended Complaint of this action originally pending in the Superior Court of Mississippi on April L3,2OI2
2.

through his attorney Helen L. Gilbert at [email protected]. He did not respond. Defendant Astrue was served by Process server Daniel Williams docketed herein as Document
54-1 Same
1219 l
Da.v Process Service,

Inc.

lrh St,NW

Washington DC 20001 (202)* 398- 4200

Internal Job lD;ti2i02 Defendant Astrue never responded. 3.

Due to the fact that all prior attempts to get a response from defendant Astrue failed, Plaintiff

Taitz is requesting this court to grant her Motion to compel production of documents under
FRCP 37 as

part of post default discovery.

I attest under penalty

of perjury that aforgentioned is true and correct to the best of my knowledge

and informed

belief
ESQ

/sl

Or. Orly Taitz

,/ '-

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EXHIBIT 1

AFl,'IDAVIT

lAl'ii {)r f L()tt{DA )

)S.S,
!

cor |NTY or r)uvAl)

l, Felicrtu llrrpa, anr gver I 8 yean old and residert o1 7579 Walderr Road, Jacksonvilia, lf L 12244 wirh FlDl- #l'100-24J 45-0F2{. I do not sullcr from any mcntal irnpairmcnt and I compclently at(e$l ro thc
Iollowiylg urrdcr rhc penalty oIprrjury.
I

I arn a prof+ssronai web, deveioptr having graduatttl *irlr a bachrtor's degree in l-I liorrr l-l-I Tochnrcal lirstitrrlcinlndianapolis, lN. IhaveoverleRyearsofexpcriencofinrxehrlesignsanti devrlopmclt anrJ I havc often uy:d sotilvarr'such as Ad$he Photoshop anrJ Adobe llhtslrer{rr. On Aprrl lJ, 2010. rhe Whitehous wcbsite. goyly,ghllgfiggsgggy, .eleased thc 200r) Iiorm 1040 ol lncome fax Return of Pre.sidcnt llarack H. Obama:
http://wwwf wh itchorsr.g,ov/sitcs/default/filcs/presidenrobamr-20
i

2.

'l

0-cornptetc-re.atm. pdf.

1.

I downloaftd this 65-page pdf filc on my coffputer I ohscrved that all information abour the presidcnr'siand rhe firsr lady's social sccuriry numbcrs werc redacted. All blocks or spaces for socral sdcuiit) nurnbcrs were blank, or "while<rut." I submir F.lhibit A (attached hcrcwith. pagc 43 part of 2tX)9 Form t040) Form 709 LI S. Cili l'ax Rcturn of tfres. llarack Ubama. Thc space fsr his soeial sccurity nurnber G redacted or blank.
i

4 5.

t'

I submir rop Exhibit B (attachcd hercvrith, pagr 49 p6rt of 2009 F'onn i04o) Fonn 7{19 U.S. Cift Tar Rerurrl of Finl l-ady Miche lle Obama- Thc space for her social securif-y numbr is redactcd rr

blank. 6.

i
I

Then throrgh Adobe lllustrator soltwarc. I offrred Exhibit A aod B and found that these rwo

pdf

filcshavcqwolayerscuch,notjustonelaycr. Whcnttretoplaycristurnedoffordraggedaway.
thc sncial Jecurrty numhurs ofboth pc.sons are revcaled.

7.

A i (attached hcrcwith) Forrn 709 U.S. Cifi I'ar Return of Prcs. Barack Obanra with his srpial socurity oumhcr rcycalcd. lhc folkrwing information are revealed: I submir

tithibit

I, Baraclr Obama's SSN. &t2-68-.f125

2l Michclle Obamat SSN -15&60-2102 l] an inirial MLO urr Ure side of l'orm 109 4i A lr.l inch dark squatc wilh notation on tt. 5l Preparcr's SSN or PIN P00570974 , EtN r*-2z0ttroo l'h,rr," no. I l2ll?2-0440 I

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EXHIBlT 3

GREG HOLLISTER< [email protected]> Wed, Feb 9, 2011 at 5:39 AM To: [email protected] Cc: "John Hemenway. DC Council" <[email protected]>, Larry Elgin <lawnet.lae@gmail,com>, Susan Private lnvestigator <[email protected]>, "Linda Bent, SONORAN NEWS" <[email protected]> Dear Ms. Taitz.
I have been monitoring your efforts at a distance reference the eligibility of Barack Obama to serve as POTUS I see that you are now filing suit reference his many SSNs. I have a copy of Obama's selective service card with the SSN affixed. l, as a small business owner, have access to the Social Security Number Verification System. As a result, I checked the SSNVS for the SSN Obama used for registering with Selective Service, The SSNVS search resulted in a report sheet that states that number Obama used to register for Selective Service was never issued.

Let me be direct - I have not agreed with many of your tactics in this endeavor. However, I have conlinued to follow your efforts to see where there may be synergy and this is one. Therefore, if you think the documents will be helpful, please let me know and I will send you the PDF files for both the Selective Service Card and the SSNVS report that states that SSN was never
issued.

Sincerely Greg Hollister Gregory S. Hollister, Colonel, USAF, Retired President, Hollister Enterprises LLC

BS(} - SSN Verification Results

Page 1 ot-l

r , i' \-,

t;i'i1., {

iiliiit''
r

lhisiness Sen'ires L)nlinr,'

B${) itd.rir:

lYw uv.socialsecu

ity. ;;ilv

hleqrr

[J${}

N.rvrq*rtion

lnf*r rrration

fcrltact

Us

l{e1,1*,:;rr iI

Loqaut

4S ,BUT.

Social Security Number Verification System

lssilvs)
SSNVS Haln

.qSN Verifiration Results

Employe/s ElNr Records Submitled
Failed: Verified Records:

I
1

The followrng table displays your submrtted results. The first column indicates if the submitted record venfnd, failed or employee is deceased The firsl five digils of the SSN wrll be masked {or venfied records and records with a verilicatron resultg @de of 2, 3, 4 or 6,

Verifv More SSNs Wh at to ds-ttan_Ss[

verrfv F e d O ff
i I r

r
-rsjls--!s

Failed - Data does not maich Social Security Adminrstraiion's records. Seled an SSN Farls to Verifv formorernformation.

WlA[:!g-elg-iI

ce .*LAqe.t-o-r

Ileceased - Data melches Social Secunty Admrnrslration's records and our tecords indicate ihat the per$on is deceased For more anformation. please conlacl our general SSA rntormalion line at 'l{O&772-1?13 (TDDffTY 1-80G32il778) or your local $ocral Secunty fiets office Select Flgld"pffjce_tesglSlto fincr the office nearest you.
Verified - Deta melches Social Security Adminislration's records

SSH

Fir3t
l{amo
Name BARACK

Last Narre
OBAMA

Dats of

Suffir

Birttr
ilITIDDYYYY
0804'1961

Fni
M

Reculta

Farl*d

SSN not in file (never issued)

Have a queslion? Catl 1-1800-7726270 Mon. Fri. 7AM to ?PM Eastarn Time to speak with Employer Custorner Service personnel. For
TDDTTTY carl
1

{nn2f,}778

https:ilsecure.ssa.gov/apps

I 2zJSSN V

S/interactivsVerifi cation.do

EXHIBIT 4

AFFIDAViT

I I.

Henry Blake, being first duly swom, do hereby state under oath ancl under penalty of perjury

that the following facts are true:

I am over the age of 18 years old and am a lesident of Tennessee. The information contained in this affidavit is based upon my own personal krowledge and, if cailed as a witness, I could testify competently thereto. I attained higher education as follows: BS Mechanical Engineering, MS & PhD in Engineering Mechanics. I have over 40 yeals experience with a variety of computers including: Personal Computers, Work Stations,
Mainframes and Super Computers.

II.

I have general larowledge of foregoing legal filings in the Federal Distlict Courl Case 3:12-:v-00280-HTW-LRA and have specific knowledge of the digital images of copies of President Obama's purporled Long-Folm Certificate of Live Bir1h (LFCOLB) appearing within the case filing documents.
I have examined the two image copies of the purported LFCOLB which exist as digital elecil'onic page documents, namely
15

ilI.

05lA4l2An

MOTION for Judgment on

1he Pleadings by Democrat

Parly of Mississippi

(Attachments: # 1 Exhibit LFBC fi'om White Honse, # 2 Exhibit COLB from

Campaign, # 3 Exhibit DOH Velification re White House BC, # 4 Exhibit Hawaii

Gov April 27

20li

News Release, # 5 Exhibit DOH White House Comespondence,

# 6 Exhibit DOH 08-93 News Release, # 7 Exhibit DOH

8 Exhibit CDC Report re

09

063 News Release, #

Birth Cerlificate History)@eg1ey, Samuel) (Entered:

0s104t2012) [.pdf (page 8)]

and 0610612012

35 MOTION to Supplernent Counsel for MDEC's

Response 30 in Opposition to

Plaintiff Taitz's Motion for Sanctions 25 r'e 30 Response to Motion, by Democrat

Party of Mississippi (Attachrlents: # 1 Exhibit MDEC Counsel Request to HI

DOH fol Verification of President Obamas Hawaiian Birth Cerl, # 2 Exhibit Hawaii DOH Verification of President Obamas Hawaiian Birth- Issued May
2012)(Begley, Samuel) (Entered: 06/A612012) [.pdf (page 11)]
see also
1

couft document
0512612012

05 I 3 240 i 3

.pdf

Re: Request for Verification of Vital Records Pursuant

to Haw-ai'i. Rev. Stat. $ 338-14.3 and 338-1 8(gXa) [.pdf (page a)]

well

filed by the Mississippi Democratic Executive Committee (MDEC), as original PDF image of President Obama's LFCOLB, which was posted on the White House web site on Apr. 27,2071,
and which wele
as the

http://www.whitehouse.gov/sites/default/files/rss_viewer/birth-certificate-long-form.pdf

and have found significant alterations were made to the original White House LFCOLB PDF image file. Specifically the copy of the LFCOLB appearing in the second and third documents above differ significantly from the copy appearing in the first document and

from the original copy posted on the White House website.

Page 8 of the first document above is nearly identical to the white House LFCOLB PDF image file. Page 11 of the second above document is identical to page 4 of the third document. For convenience I wiil denote the fwo copies that I recently examined as (page 8) and as @age 4ll1).

ry. l. 2. 3. V. 1. 2. 3. 4. 5. 6. 7. 8.

The alterations made to the White House LFCOLB PDF image to create the (page 8) image copy are incidental.

The (page 8) image copy is otherwise identical to the white House image except for the "Case Label" added at the top margin.

Only the Case label is selectable by mouse and cursor on (page 8)

The (page 8) image copy was altered to make the (page 4/11) image copy.

I found that the alterations to the (page 8) image copy to create the (page 4l1l) image copy are extensive as follows: A second Case Label was added
The (page 8) image was flattened, rasterized and green color was added The color of all text was changed fi'om near-Black to Black-Green Numerous form lines were repaired or replaced entirely
The basket-weave background was softened and touched up

Specific words were made selectable by mouse and cursor in Adobe Reader Hidden editing was applied (see 8.- 11. below):
Ten Line Objects were added

9.

Two Green Color objects were added Two Broadline Strikeouts were applied, one to the words'Tkpiolani Maternity & Gynecological", and the other to the word "August"
Seven Rectangular Black Redaction Box Objects were added which altogether cover

i0.
11.

nearly all of the typed text

u.

The remaining typed, stamped (or form) words left unstruck or unredacted and appearing on the hidden image of (page4/l l) are:

Both Case Labels

State of

Hawaii

Certificate of Live

Birth

Department of Health

61 10641(file number 151 is redacted)

Barack Hussein Obama,

II ("X" in single-birth box)

Honolulu (in two places)

6085 Kalaianaole Highway

Labels for ten form-boxes

State Registrar's date and signature stamps

VII.

Words which can be selected on (page

alfi)by

mouse and cursor in Adobe Reader are:

Both Case Labels

State of

Hawaii

Certificate of Live Birth

Department of Health

61 10641 (File number 151 is non-selectable)

Barack Hussein Obama,

II

Honolulu Kapiolani Malernity & Gynecological Hospital

6085 Kalanianaole

Hussein Obama

University
State Registrar''s date and signature stamps.

fr"^*H!%, trl?
'Henry Blake,PhD
11t09/20t2

I attest to this under penalty of perjury.

-:

--\.

{om

HC[d.k r.ril(cu t_ I\-cr - Jut e

EXHIBIT 5

SrernorAnrzowa
County of Maricopa

AFFIDAYIT
I, the undersigned, being first dul,v sworn, do hereby state under oath and under penalg, of perjury that the following facts are true:

1. I am over the age of r8 and am a resident of Arizona.

The intbrmation contained in this affidar.it is based Lipon my Gwn personal knowledge and, if cailed as a rq,itness, I could testifii competentl}r thereto. I am a former sworn 1aw enforcement officer and criminal investigator. Since zoo7 I hav'e been dutry appointed tr3, the elected Sheriff of Maricopa County, Arizona, Joseph Arpaio, as the chief investigator oi his Cold Case Posse. Under the Arizona Constitution and Arizona Rerrised Statutes, the Sheriff has the authori$, to request assistance from a l'olunteer posse ("the Cold Case Poss"), & speciai five-rnember team of experienced investigators located in the county, to assist him in the execution of his duties. The individualll-selected team deputized by the Sheriff includes former police detectir,'es and attorne3a r,tho ltork r,'oluntarily and at virtually no expense to the taxpayer rt'henever the Sheriffauthorizes an investigation to address any issue as the Sheriffdeems appropriate.

2.

J.

In August 2011, a group of citizens from the Surprise Arizona Tea Parfyorganization called upon the Slieriff in his office and presented a petition
signed by approximately e5o residents of Marieopa County, requesting the Sheriffs Department to inrrestigate vr.hether a docurnent posted on the official i,r,ebsite of the White House on zT April zorr and purporting on its face to be an electronic image of the "long-form" or original Hanaiian birth certificate of President Barack Hussein Obama w'as genriine,

a,

If the image of the birth certificate u.ere not genuine, the question might arise w.hether Mr Obama had been born within the jurisdiction of the United States and thereby complied ltith the requirement under Article II of the U.S. Constitution that the President be a "natural-born citizen".
The petitioners expressed their concern that, until that point, no law enforcernent agency had ever gone on record as indicating that it had investigated or was r,r'illing to investigate whether President Obama was eligible to hold his office. The petitioners said that lack of resources and jurisdictional challenges had inhibited any such investigation elser,r'here.

5.

6.

Sheriff Arpaia commissioned the Cold Case Posse to undefiake the investigation requested by the petitioners. The principal focus of the investigation is the electronic document on the White House rvebsite that President Obama had presented as the image of his long-form birth

certificate to the American people and to eitizens of Maricopa County at a White House press conference on Apritr zT, ze17, r.r'hen he had said: "We provided additional information today about the site of my birth. ... Yes, in fact, I was born in Halvaii, August 4, tg6r, in Kapi'olani Hospital."
7.

For 17 years from rggr untitr the year before the Presidentiai election of 2oo8, the annuall].rer,'ised biography tritten by Mr Obama and circulated by his literary agents had contained the rvords "Barack Obama, the first African-Arnerican President of the Haruard Law Reuiel{r, was born in Kenya and raised" in lndonesia and Hanaii."

8. The

official Parliamentary Debates of the Kenyan National Assembly for z5 March 2o1o records that Mr Orengo, the Minister for lands, said: "If America ... did not see itself as a muitiparr-v* state or nation, how could a young man trorn here in Kenya, r'r,-ho is not even a native American,
becorne the President of America?"

9.

The inv-estigation has closely exarnined the procedures for registration of births at the Hanaii Departrnent of Health and r,'arious statements made by officials of the Han'aii government over the last five years in connection r^.'ith the authenticity of Mr Obama's birth records. lVe have chronicled a series of inconsistent and misleading representations that various officials of the government of Hawaii have made since aooT on the question rvhat original birth records, if any, are held by the Hawaii Department of Health.

10.In February zaLzj

reported to Sheriff Alpaio that there was probable cause to consider that the White House image of Mr Obama's birth certificate \,ras a forgery, and specifically that it was not a true and accurate photographic image of a genuine birth record. I advised the Sheriff that the forgers had probably committed two crimes: first, frauduiently creating a forgery that the White House had characterized, knolvingly or unknor,r'inglyi as an officially-produced governmental birth record; and secondly, fraudulently presenting to the residents of Maricopa County and to the Arnerican public at large a forgery that the White House had represented as "proof positive" of President Obama's authentic 196r Hawaiian long-{orm birth certificate.
These conclusions w-ere reinforced by input from numerous experts in the

1.

fields of typervriting, tlpesetling, computer-generated documentation,

forensic docurnent analS'si5 and Adobe computer programs, as lvetrl as comparisons rvith numerous other birth records and experi rel'ielts of Uar,r,aii state law and of the regulati.ons, policies and procedures of the
Ha'waii Department of Health.

rz. The investigation further determined that the Harvaii Department of Health has engaged in nhat the Sheriffs investigators believe is a systematic effort to hide from lan, enforcement and the public n'hate'r'er original rg6r bi*h records the Hawaii Department of Health may have in its possession. The Posse also accumulated evidence that the Hanaii gor.,ernment and its agencies had changed their policies and procedures in a manner calculated to hinder our lar+'-enforcement investigation.
13.

more than a year, I have twice visited Harvaii within the last six months. On the {irst occasion, a Maricopa County Sheriffs Office Detective and I presented our credentials to the offices of the Har,raii Department of Health and requested to speak to Mr Alvin Onaka, the chief registrar of births, a simulacrum of r,r,hose signature-stamp had appeared on the electronic document on the White House website. We had hopedto ask Mr Onaka if he would verifli the authenticity of the White House released document and to verifu the legitimacy of the registrar's stamp bearing his signature. Additionally we hoped to ask him to allorv us, for lawenforcement reasons, to inspect the original document and, in due course, to subject it to forensic examination.

In furtherance of the investigation, nhich has now continued for

1{. Hor,r'er:er, rvhen r,r'e presented our credentials at the front desk of the Halr,aii Department of Health, much to our amazement ure \\rere informed that Mr Onaka does not speak to the public. We explained that \\re were there on official business. Neveftheless, 1\'e u'ere not permitted access to Mr Onaka.

r5.At our insistence

At[orne_v: General

did har,e an opportunity to speak rvith Deputl' Nagarnine. During our meeting Ms. Nagamine reftised to verifr, the authenticitj of the PDF file released b1' the White
1,'e

Jill

House. As a matter of fact Ms. Nagamine r,rould not provide us with anr' confirmation that the document nas created by the Hau,aii Department of Health.
16.

Ms. Nagamine ac.cused us of try.ing to get a verification of a birth record u,ithout legal authoriS, to do so, even though the doctrment has been offered for public vien' rria the \ trorld Wide Web. She constantl5.' evaded ansrt'ering e\er',\- question about the legitimacl'' of the document b1' hiding behind State statutes.
We aiso visited the Kapi'olani Hospitai, which the document on the White House website identifies as the place of Mr Obama's birth. \{e had discovered as a result of our enquiries that the hospital, at the relevant time, had maintained a separate record-keeping system by u.hich all births at the hospital r{,ere recorded. This document is stored in the hospital archives. These archives are accessible to the public by hospital

17.

permission. We asked to see the hospitai's birth records for 196r but were At no time did Kapi'olani Hospitai ever confirm that Mr Obama r,vas in fact born in the hospital. Nor did thev confirm that they r+ere in possession of his birth records.
less than poiitely refused. rB. Hal'ing regard to the elaborate ilon-cooperation n'e receir.,ed from the State

Flarvaii, and upon close examination of the evidence, it is my investigationai opinion, shared by the Sheriff, that forgery and fraud have been committed in key identiq records, including President Obama's long-form birrh certificate; his computerized short-form birth abstract; his
Selective Sen.ice Registration card.

of

rg. The Cold Case Posse has aiso noted that Mr Obama's first Executive Order, issued on his first full da3, as President, was to seal all of his or,r,n past records frora public scrutiny. Documentation that is not avaiiable for Mr Obama includes not oniy his original birth records but also his baptism records, his adopticn records, his kindergarten records, his Punahou school records, his Occidental College records, his Columl:ia Universitv' records, his Columbia Universiq, thesis, his Hartard Larq, School records, his Hanard Law Review articles, his scholariy articles from the University of Chicago, his passports, his medical records, his files from his years as an Illinois State Senator, and his Illinois State Bar Association records.

zo. The then Reputrlican Gol'ernor, Linda Lingie, stated during an inten ier,r. on New York's WABC radio in 2oo8 that in an attempt to quell the Birth Certificate issue she had the Birth Certificate inspected by the state's director of health, Chiyome Fukino. zr. Lingle is quoted "So I had my health direetor, nho is a ph1'sician by background, go personally r..ierti the birth certificate in the birth reeords of the Department of Health, and we issued a nel\'s release at that time saytng that the president rvas, in fact, born at Kapi'olani Hospital in Honohdu, Hawaii. And that's just a fact and yet people continue to call up and e-mail and raant to make it an issue and I think it's again a horrible distraction for the country by those people who continue this-"

za.On October 31, 2oo8, Dr. Chiyome Fukino released the follon'ing

statement: "There have been numerolrs requests for Sen. Barack Hussein Obama's official birth certificate. State law (Harvai'i Revised Statutes 9338-18) prohibits the reiease of a certi{ied birth certificate to persons r,r.ho do not hat'e a tangible interest in the r.ital record. Therefore, I as Director of Health for the State of Hawai'i, along with the Registrar of Vitai Statistics, rnho has statutory authority to oversee and maintain these t5pe of vital records, har''e personailS' seen and verified that the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record

i a

accordance with state policies and procedures. No state official, including Gor.ernor Linda Lingie, has ever instructed that this vital recor<J. be handled in a manner different from any other r.,ital record in the possession of the State of Hauai'i." z3.Months later, in July 2oog, she added another comment: "I, Dr. Chiyome Fukino, Director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hauraii State Department of Health verifl,ing Barack Hussein Obama r,r,as bcrn in Haltaii and is a natural-born American. I have nothing further to add to this statement or my original statement issued in October zooS over eight rnonths ago."

in

Significantly, Fukino changes the wording from l,iewing Sen. Obama's "original birth certificate" to having "seen the original lital records maintained on file by the Hawaii State Department of Health, r'erifi.ing Barack Hussein Obama nas born in Hawaii and is a natural-born
American".

z4.The Gor,ernor of Haitaii, Mr Neil Abercrombie, has said that he was present when Mr. Obama \^ras born. Later, horrel,er, he retraeted that statement and acknorvledged that he clid not see Obama's parents with their nen,born son at any hospital, although he said he remembers seeing Obama as a child with his parents at social events. There is no evidence to supporL that claim. No doctor or nurse who attended his birth has come forward to say so.
z5.Abercrombie told the l{onolulu Star Advertiser he was searching within the Har,vaii Department of Health to find definitive vital records that r,r,ouid prove Obama was born in Har,taii, because the continuing eiigibility controversy could hurt the president's chances of re-election in eotz.

z6.Abercrombie said the birth certificate issue lt'ould have "political implications" for the presidential election "that rve simply cannot have."
zT.Abercrombie did not report to the neurspaper that he or the Har,taii Department of Heaith had found Obama's long-form, hospital-generated birth certificate. The governor only suggested his inr,'estigations to date had identified an unspecified listing or notation of Obama's birth that someone had made in the state archives.

zS.Abercrombie did not say to the nelvspaper that he or the Harnaii Departrnent of Health had found Obama's long-form, hospital-generated birth certificate. Nor did he say to the newspaper he had personall,v seen any birth reeord for Obama. The governor only suggested his investigations to date had identified an unspecified listing or notation of Obama's birth that someone had made inthe state archives.

29.

"It

1\,?s actuail),

sholving,
said.

it

'iqritten, I am told, this is r+'hat our investigation is actually exists in the archives, written dotr\Tr," Abercrombie

3o.Conceivably, the yet-undisclosed

birth record in the state archives that Abercrombie said had been discovered may have come from the
grandparents registeri.ng Obama's birth, an event tirat rvould automatically har,'e triggered both the newspaper birth annourcements and availability of a Certification of Live Bifth, even if no long-form bi*h certificate existed.

3r. Our im,'estigation has revealed that in rg6t, as Harvaiian lar'rr then stood, Otrama's grandparents, Stanley and Madelln Dunham, could lawfully have made an in*person report of a Hau,aiian birth even if the infant Barack Obama Jr- hadbeen foreign-born. 3z.The ne\t.spaper announcements of Mr Obama's birth do not prove he was born in Hawaii, since they could have been triggered by the grandparents registering the birth as Hai*'aiian. They might then have paid for the announcement themseir.es.
33. However, r+'e have learned that

it lvas not uncommon for local newspapers to publish trirth announcement paid for by individuals reporting the birth in the local paper, even if the child rt'as born elservhere. If so, the registration of an out-of-country birth as Hawaiian rtould have been reported in the same way as the registration of an in-country birfh. Neither of the two adl'ertisements states that Obama was born in a particular hospital. Both give very limited information.

g4.To date the purported undisclosed birth record in the state archives that Abercrornbie has claimed to har.'e discovered and has described as being "actually written" has ner.er been made public. Being located in the state archives, this document shouid be arailabie for inspection by the general public rvithout restraint.
3g.

From Abercrombie's admission, it is legitimate to infer that this record, if it indeed exists, rvas not in the possession of the Hauaii Department of Health, w,hich may have had no record of the in-country birth of Mr Obama either in hard copy f6.*, such as long fbrrn birth certificate, presened in its vault as described by Dr. Chilome Fukino. If such a document had existed, Abercrombie wouid have had it rt'ithin minutes of his request.

36.Mr Obama's iong-form birth certificate nould har.e been preserved in a hard-covered bound volume along with the other long form birth certificates of that period. This record would have been easily accessible to the Department of Health upon the Governor's request, had it existed.
g7.Dr. Chiy,ome Fukino also gave an interview to CNN on Aprii 26, 2orr, in which she stated that she simply went into the vault and inspected Obama's original Birth Certificate. Inferentiallrv, it should have been that easy for Gor.ernor Abercrombie to locate it as well.

g8.This circumstance also suggests that the birth record of Mr obama was not at that time recorded in the Department of Health's computerized
database that has been in use since 2oo1.

39.In March 2aL2, Sheriff Arpaio held a Press Conference during which he and I presented an outline of those aspects of the investigation that nould not compromise the safety of rvitnesses or the integrity' and future course of the investigation. At that time, r.re had concluded that there rvas probable cause that forgery and fraud had been committed in respect of four documents: the long-form or original birth certificate for Mr Obama,
which contained multiple errors and anomalies, man1.- of them serious; the short-form computer-generated. abstract of Mr Obama's birth record that the Democratic Parly had published in 2oo7, which nas printed using a form of r,r.ords not current at the relerrant date; the selective-service document for Mr Obama, w"hich contained a two-digit year-stamp contrary to specifications written by the Department of Defence to the effect that the year of issue should be expressed as four digits on the stamp, and contrary to any other selective-service registration document that ,*'e har.e been able to examine; and we are aware that the social securitl. number, which has a prefix that at the date of issue was unique to Connecticut even though Mr Obama has never resided in that State.

4o.In an attempt to verifr lvhether Mr Obama and his mother had arrived in the United States at or around the aileged date of his birth, we contacted the National Archives to obtain microfilms of the I-94 immigration landing records for the year 1961. All such records were and are availabie for the entire )rear 1961, except for those on the aileged date of Mr Obarna's birth (August 4), three dals before that date, and three days after that date. The Archivist and his staff did not tell us hor,r, the missing records had come to be lost, and offered no hope that they ivould ever come to light.
4r. After three months of further investigation, the Sheriff held a second press conference to announce, with my support, that it rvas no longer a question of probable cause: it rvas non, certain that the document on the White

a forgery. The Sheriff also announced investigation wrculd continue: and it has continued ever since.
House nebsite was

that the

4z.The purpose of hoiding press conferences was and is to notiS, the public that an investigation is in progress, with the aim of obtaining additional information that might be helpful to the investigators in reaching the truth. As a result of both press conferences, additional material of this kind became arailable to us.

43.Our investigation concludes that President Obama's long-form birth certificate is a computer-generated document; that it was manufactured piecemeal and electronically; and that it did not originate as a copy of a true paper record from a bound volume, as claimed by the White House and by the Gor,'ernor of Hai,raii and by the director of the Health
Department, cited in a press release issued April27, zorr, by the Governor

to coincide r,r'ith the publication of the document on the White House

uebsite.
44.

Most importantly, the "registrar's stamp" in the computer-generated

document released by the White House and posted on the White House lvebsite may have been imported from another unknor,r.n source document. The fact that the stamp cannot have been placed on the document pursuant to state and federal laws is one of many indications that the document is a forgery and, therefore, that it cannot be relied upon as verification,legal or othenvise, of the date, place or circumstances of Mr
Obama's

bi*h.

45.The Registrar's date-stamp exhibited a similar grave anomaly, allor,r,ing it to be mor.ed about electronicall,v- within the doeument - which rvould have been impossible if the document were the scanned and certified copy that official statements profess it to be. The Registrar's signature-stamp and date-stamp were computer-generated images that rvere imported into the document. They lvere not electronic images of aetual rubber-stannp imprints inked by hand or machine on to a paper document. Accordingly, the document on the White House u,ebsite is, at a minimum, misleading to the public in that it has no legal imporL and cannot be relied upon as a legal document carrl,ing the fulI faith and credit of the State of Hawaii and veri$'ing the date, place and other circumstances of Mr Obarna's birth. A plrotograph of the Registrar's date-stamp is exhibited and marked "M22".
46.These and numerous other errors and anomalies obsen'ed after extensive forensic scrutiny of the electronic image downloaded from the White House website were inconsistent with features to be expected w'hen a paper document is placed on the glass plate of a scanner so that it can be captured as an electro-photographic image, or when it is scanned and then

processed either to enhance the clariq,' of the image try optical character recogniticn or to reduce file-size by file-compression or optimization.
47.

Furthering the investigation, I returned to Hawaii for a second time. I met Mr Duncan Sunahara, the brother of Virginia Sunahara, an infant born in Hanaii on August 4, 1961, the alleged date of Mr Obama's birth there. Ms Sunahara died the follor+.ing day, August 5, after breathing difficulties. When I met Mr Sunahara he had recently applied to the Department of Health in Haltaii for a copy of his deceased sister's birth certificate. He told me the Department had gone to great lengths to den-v* him a copy of the original long-forrn birth certificate that a close relative is entitled b1,' law to request and the Department is obliged by larv to supply. The Cold Case Posse is compelied to consider the question rvhy this littie girl's 196r long-form birth certificate was so disconcerting to the Hawaii Department of Health that it did not r.vish to issue a copy to Mr Sunahara upon request.

48.I obtained from Mr Sunahara a copy of proceedings in the Circuit Court of the First Circuit, State of Har,r,aii, in r,i,,hich the Deputy Attorney General, Ms Nagamine, appeared before Judge Rhonda Nishirnura on March 8, zotz, to argue that Mr Sunahara r+as not entitled under Har,r'aiian statute lau,to see, still iess obtain, a certified copy of his deeeased sister's original ig6r long-fbrm bi*h certificate.
49. During the proceedings, the Attorney General implied that Mr Sunahara's request arose from an underlying interest in obtaining evidence that might

assist in determining rvhether the document on the Wirite House n'ebsite is indeed a forgery. Ms Nagamine said h4r Sunahara ought to be satisfied with a short-form extract of tire birth record rather than a long-form printed image of the original copy in the bound volume for 196r in the vaults of the Health Department.

5o.Ms Nagamine also said that the entire volume of bi*h certificates inferentially containing not only Ms Sunahara's long-forn'r originai birth certificate but also those of tlvins born at about the same date had been removed to a special, secure location with r.ery limited access. I do not knorry r,r'hat purpose the Department of Health had in presening these
records at ail, unless it was to show thern upon request to tamily members and others - such as lan enforcement .- r,vith a legitimate and statutory interest in seeing the documents.

5r. Ms Nagarnine said that accessing the original birth records r,r,as difficult and expensive. Horver,-er, in Dr. Chiyome Fukino's interr.'iert'ntth CNN she stated that she simpl"1,* went into the vault and inspected Obama's original Birth Cerlificate. I am told by Mr Sunahara that he lr'as willing to pay any reasonable fee to cover the cost. Our inl'estigation indieates that the

Health Department's fee is not great: atborneys for Obama had paid $ro for a certifled copy and g4 for a second certified copy. Inferentialiy, such small fees are an indication that the difficuhl* of consulting the archives and generating certified copies is not great. And I have come across further evidence that the difficulty of consulting the records is not r.ery great: for they are norrnallS, kept in bound volumes on specialiy-designed shelves known to librarians as "stacks". A picture of Mr Onaka pulling out a book of birth records from rg7z, just nine yars after the yeaf that is of interest to our investigation, shows how small the difticulty in consulting the records is likely to be. The photograph is marked "NIZL", annexed and
signed as relative hereto.

5z-The reason rnhy lar,r-enforcement investigators r,r,ish to examine the original long-form birth certi{icate of N{s Sunahara relates to the practice of the Health Department to number each birth certificate sequentially wtth the last tn'o digits of the year followed by' a fir-e-digit number incremented sequentially'by a date-stamp that adraneed the counter by r
after every stamping- At that time, approximately +B births occurred e\,'ery da.v in }{ar+aii, and w-ere required to be registered. They nere sequentially stamped in order of date of birth.
53.

Photostat images of the long-fbrm original birth certificates of twin daughters born to Eleanor Nordyke at Kapi'olani Hospital August 5, t96t, one day after the alleged birth of Mr Obama at the same hospital, have been drar,rryr to the Cold Case Posse's attention. They had been published in the Honolulu Advertiser. As a result of examining these images, the Cold Case Posse has reason to suspect that the sequential number on the computer-generated short-form abstract that the Health Department released to the famr$ is not the same as that r.r,hich appears on the longform original birth certificate that was issued for Ms Sunahara.

54. Examination of the

birth certificates issued to the parents of the Nordyke tw.irrs shows that their registration numbers,, 6t/to637 and ro638, preceded the nurnber on Mr Obama's short-form and long-form certificates, r,r'hieh is sholln as 6tlto641, e\n though he nas born a day earlier than they were. Ms Sunahara was born August 4, 1961, and her certificate was stamped by the Har,r,aii registrar August 8, but her number was rto8o. The table summarizes the position:
Name of

child

Date and time

born Registered Certificate

Aug B Aug ro Aug rr Aug rr

Barack Obama Virginia Sunahara Susan Nordl,ke Gretchen Nordy-ke

Aug 4 at7:z4pm Aug 4 at 9:16 pm Aug S at 2:12 pm Aug S at 2:17 pm

ro641
r.10Bo

rc6zT
10638

10

SS.Mr Obama's birth certificate rvas registered August B, t96r" The Nordy-ke tr,r,ins' birth certificate rnlas registered August 1r, 1961. Er.'en if the sequential numbering had follorved the date of registration rather than the date of birth, Mr Obama's certificate shouid have been automaticalll.. assigned a number lower, not higher, than the nurnbers allocated to the certificates of the Nordyke twins. And the numhrer currently assigned to Ms Sunahara is entirely out of sequence.
56.

One possible explanation for the out-of-sequence serial numbers might have been that several serialized piles of birth certificates were registered at different hospitals. Hor.ver,'er, Ms Yerna K. I-ee, an official responsible for the recording of births in Honoiulu in 196r, when inten ier,t-ed b3' a reporter for rrnd.corn, said that this r,vas not &e case. Ms Lee i,r,as the local registrar w,ho apparently signed the document on the White House rtebsite forgers lifted her signature from another birth certificate and inserted it electronically into the computerized compilation that is no\{ on tlie White House website).

(it is possible that the

S7"Ms. ["ee was surprised that the numbers were out of sequence. Ms. Lee made reeorded statements to a rv[ND reporter during a p]rone intewierq. I harre personally iistened to those recordings. On the recotded conversation Ms. l,ee said that all of the birth certificates received in a month were ordered chronologicall)' by date and time of birth and numbered sequentially at the end of each month. The only exreption - not relevant in the present case - was that lrirth certificates received frorn the islands and trom one local out-stati.cn in Oahu \,vere grouped separatell,, so as not to under-represent births outside Honoluiu or unattended births occurring at home in the 5o% statistical samples by which only evennumbered bi*i:s lvere reported to the Federal Governrnent as mandated by the U.S. Office of Vital Statistics.
58. Ms Lee has said that

birth certificates froin the hospitals in Oahu nere sent directly to the central office of the Department of Health in Honolulu. The birth certificatm lvere all numbered at the end of each month by one person. When Ms Lee was asked t'hether there might har.e been mistakes in ntimtrering the birth certificates, she insisted that they u,ere numbered corectl3r and in sequence. The iong-form original certificates were inspected tlr.ice for accuracrv by two different clerks and then signed by the registrar. They were kept together secured in a certain rooln until they r,vere all numbered at the end of the month, They n'ere not allon'ed to become out of order and the-v were not numbered incorrectly. (it should be
noted that the Nordyke twins'r+'ere born minutes apart and their respective certificate numbering was based not only on date but on time as n'e11. This

indicates the clerk scrutinized the documents prior

chronological order for prcper nuiabering')

to placing them in Based on Ms tr ee's represeniation, I consider it highly uniikely that a birth certificate so far
i1

out of sequence as that which no\,v appears on Ms Sunahara's short-form birth abstract could have been accepted at a registrar's office managed by
Verna K. Lee.

59.It is also possibie that investigators are being misled into devoting attention to the number on Ms Sunahara's original long-form birth
certificate, r,rrhich may after ali turn out to be different from that of Mr Obama and identical to that which appears on her shorL-form computer abstract. For that reason among others, investigators would like to inspect and, in due course, forensically to examine the v'olurnes of long-forrn certificates for 1961, and specifically the long-form original birth certificates for Mr Obama, for Ms Sunahara, and for the Nordyke twins.
6o.4. possibilig that the investigators are constrained to bear in rnind, given the numerous other defects in the document on the White House website, is that the number on that document is not a genuine registration number assigned to his bi*h certificate in 196r, but was issued n'hen the shortform document nas generated during the eooB presidential campaign. It is pcssibie that the Health Department does not rvant the public to see the original 1961 birth records because forensic examination might establish that the forgers had made a mistake in assigning to the forged long-form document on the lArhite House r,vebsite a number that t'as out of sequence and that may (or may not) be identical with the number on the long-form original birrh certificate of Ms Sunahara. This is one reason r,thy the investigators have asked to see the original bound volumes from the stacks.

6r. I am additionally concerned that the Hawaii Department of Health has not offered any testimon-v that the modern computerized data nor.r' used to generate the short-form abstracts have been safeguarded from numerical or otfrer data manipulation. AI1 that the Attorney General of Har,vaii offered to the Maricopa County Sheriffs Office as proof that Mr Obama was born in Hawaii rvas a computer-generated list of birth registrations that was contained in a ring-binder. Pages could easily be removed, added, or removed, altered and reinserted at r,r'i11. There \,\?s no ler,'el of security other than closing the rings of the binder holding the pages together. 6z.The investigators have obtained an affidavit from an individual who rt'ent to the Department of Health when some of the first questions rt-ere being raised about Mr Obama's birth certificate. That individual states that u'hen he first went to the main office of the Har+aii Department of Heaith in Honolulu, Mr Obama's name did not appear in the computerized registration list in the ring binder, but when he r+'ent back approximately r4 days later to re-examine the same list he w-as surprised to see that Mr Obama's name no\,\r appeared on it.

t2

63.Notwithstanding this affidavit, it is plausibie that an original birth record for Mr Obama exists in Hanaii. Our inl'estigation has discovered that at that ti.me Hawaiian lar,r,r contained a specific pror.ision that permitted a Har+,aiian parent of a child born anlnvhere in the i,r,arid or any adult purporting to represent that parent, the right to register the child as Harryaiian-born. It is for this reason that tu,,o entries in the "Births" column of the locai nertepaperc at the time do not constitute evidence that Mr Obama nas born in Hau,aii. They are merell'" evidence sugge.sting that a birth certificate was issued for him in Hartaii, and they tell us nothing about whether or not he was born there. In particular they do not - as the White House document purports to do - identift the hospital of birth.

64.If Mr Obama had not in fact been born in Hauaii, the long-form original birth certificate rvould not have stated that he had been born in a parricular hospital at a particular tirne, and rvoulcl not irave borne the signatures of the attending physician and registrar. The nel\.spaper entries u.ould har,e been identical lthether he had been born in Halt'aii or elselvhere in the lr,orld; but the birth records nould not har,'e been
identical.
65. The existence

permitLing out-of-country- births to be registered births is a further reason why the Sheriff n'ishes his forensic investigators to be given aceess to the original lmund volumes of birth ceitificates for 196r, and to be permitted to carry- out forensic scrutin5i of the volumes and of certain individual certificates, including that of Mr Obama.

of this

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as though they ruere Havraiian

66.For these reasons, it is necessary for the inr.'estigators to bear in mind the possibility that the intention of the Hara/aii DeparLment of Health in refusing to allon Mr Sunahara to have a certified copy of the original birth certificate of his deceased sister is to conceal forger.v and fraud within the Department itself.
67.

The Cold Case Posse's larr-enforcement inrrestigation into Mr Obama's birth certificate continues, taking account of the additional information obtained both as a rcsult of the Cold Case Posse's oun enquiries and as a result of assistance from the public following the publication of some of our results by the Sheriffat the March and July 2012 press conferences.

6B.The law*enforcement investigation by and on behalf of the Sheriff of Maricopa Countl,', Arizona, rvould be greatly assisted, and could be brought swiftly, inexpensively, and decisively to an end, if the Department of Health and the management of the Kapi'olani Hospital were n'illing to aliou'court-recognized forensic experts selected by the Sheriff of Maricopa County to inspect and forensically examine the volumes of long-form

13

original birth certificates for 196r and the birth records kept by the Kapi'olani Hospital for that 1,ear. It should be noted that forensic experts are trained in the management and preservation of paper records, and would cause no damage to the records in the course of their forensic
examination-

Executedthis in Maricopa County, Arizona.

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This is the photograph of Mr Onaka withdrawing a bound volume of long-form original hirth cerrificates for 1972 ltom the stacks at the Deparhnent of Health in Hawaii, referred to in my affrdavit in Sanahara v. Howaii. The source of the photograph is an interview of Rasa Foumier with Mr Onakq entitled Keeping
the Recordr Straight, published at midweek.com, November 16, 201

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This is the image, referred to in my alfidavit in Sunahara v. Hawaii, of the "long-form birth certificate" for Mr Obama, with the regisu?r's signature-stamp and, separately, the registrar's date-stamp moved ltonr their original Iocations on the "certificate", r.vhich are indicated by white ghost images towards the foot of the green security paper on to which the fabricated document had been electronically superimposed. That the registrar's date stamp and the regisffar's text/signature $tamp were both created by links to extemal objects imported into the Obama birth certificate was also confinned by turning on the "Links'" option in the "Windorv" menu in Adobe lllustrator- The inset image at top right is the list of links that appears when that option is activated. Evidence that the two registrar stamps are external objects imported into the Obama "birth document" can be seen in that the registrar's date starnp and text/signature stamp can easily and separately be electronically rnoved, rotated at will, turned sideways or even upside-down. and repositioned anywhere on the document. None of several hundred softw'are suites designed for the automated opticalchamcter recognition, image enhancement" file compression. or optirnization of an electro-photographic image of an original paper document that werc studied and tested by expert consultants to the investigative team was capable ofprocessing the elecnonic data representing the image in such a nranner as to store the data representing either of the two stamps on a single "layer" so as to allow the stamps to be moved about
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