·~ I ORIGINAL

JOHN S. CARROLL #0649 810 Richards Street, Suite 810 Honolulu, Hawaii 96813 Telephone: (808) 526-8111 Facsimile: (808) 545-3800 Attorney for Plaintiff


2un SEP 30

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F. OTAKE

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IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII Civil No.

WILLIAM WOLF,

) ) Plaintiff, ) vs. ) ) LORETTA FUDDY, in her official capacity ) as Director of Health of the State of Hawaii ) Department of Health, and John Does 1-20. ) ) Defendants. ) ) )

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(Declaratory Judgment) COMPLAINT TO COMPEL AGENCY TO DISCLOSE PUBLIC RECORDS UNDER THE UNIFORM INFORMATION PRACTICES ACT (UIPA); EXHIBITS 1-7; SUMMONS

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COMPLAINT TO COMPEL AGENCY TO DISCLOSE PUBLIC RECORDS UNDER THE UNIFORM INFORMATION PRACTICES ACT CUlPA) Now comes the Plaintiff, WILLIAM WOLF, through Counsel JOHN S. CARROLL, 810 Richards Street, Ste 810, Honolulu, HI 96813, and RICHARD C. KING, 250 Moonachie Road, Ste 500, Moonachie, NH 07074, and by way of complaint pursuant to HRS § 92F-15 and HRCP Rules 3 and 7, alleges as follows: 1. PlaintiffWILLlLAM WOLF, an individual, resides at 600 Industrial Way West, Eaton-

town, New Jersey 07724. Defendants LORETTA FUDDY, Director of Health of the State of Hawaii Department of Health, an official of the State of Hawaii, and the Department of Health of the State of Hawaii, an agency of the State of Hawaii

under the provisions ofHawai'i

Revised Statutes § 92F-3, reside at 1250 Punchbowl

Street, Room 103, Honolulu, Hawai'i 96801. 2. The records requested are believed to be maintained at Defendant Health Department's offices at 1250 Punchbowl Street, and venue in the Circuit Court of the First Circuit is proper under Hawai'i Revised Statutes § 92F-15(e). 3. On September 2, 2011, counsel for Plaintiff tendered Plaintiff s Request to Access Government Record, a completed Form Oll' 1 (rev. 9/12/01) dated August 30, 2011[hereinafter "Request"], to the State ofHawai'i Department of Health, Office of

Health Status Monitoring, at 1250 Punchbowl Street, Room 103, Honolulu, HI 96801. 4. Plaintiff's Request, a copy of which is attached as Plaintiff's Exhibit 1, was for: All birth records for Barack Hussein Obama, II, including but not limited to, original typewritten Certificate of Live Birth #10641, issued on or about 08.08.1961, or any other # issued on that or any other date; all documents related thereto, including general logs recording any or all of the information contained therein; and all copies thereof, in paper, microfilm, microfiche, electronic or other form, all of which are government records under the provisions of Hawai'i Revised Statutes § 92F -3. 5. Defendants, in compliance with the Hawai'i Uniform Information Practices Act (Modified), chapter 92F, Hawai'i Revised Statutes (hereinafter "UIPA"), Part II. Freedom of Information, denied the Request in its entirety, by means of a Hawai'i Form OIP 4 dated 09/16/2011 [hereinafter "Denial"], citing HRS Sec. 338-18 as the Applicable

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Statute, and "Requester does not have a direct and tangible interest in the record as outlined in HRS Sec. 338-18" as the Agency Justification. A copy of Defendants' Denial is attached as Plaintiff s Exhibit 2. 6. Plaintiff has exhausted all administrative remedies required by law. 7. Plaintiff has no plain, speedy, and adequate remedy at law, other than the relief sought in this complaint. 8. On or about April 22-27, 2011, Barack Hussein Obama, II [hereinafter "Obama"] caused to be obtained from Defendants purported copies of his Hawai'i Certificate of Live Birth (hereinafter "COLB"). This process is described in the following documents, copies of which are attached as Plaintiff s Collective Exhibit 3: a. Obama letter to Fuddy, dated Apri122, 2011. (1 pg.) b. Corley letter to Fuddy, dated April 22, 2011. (2 pp.) c. May 15,2001 State of Hawaii DOH (Anderson) policy memorandum. pg.) d. Fuddy letter to Obama, dated April 25, 2011. (1 pg.) e. Governor Neil Abercrombie News Release, dated April 27 , 2011. (2 pp.) 9. On or about April 27, 2011, Obama disclosed or consented to the disclosure of what is purported to be a copy of one of the birth records for Barack Hussein Obama, II requested by Plaintiff, specifically a purported copy of the original typewritten COLB (1

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disclosure of what is purported to be a copy of his COLB through a general mailing of copies of that document by the Democratic National Committee, as part of a fund-raising solicitation. A copy of that mailing is attached as Plaintiffs Exhibit 7. I. As and For a First Cause of Action: 13. Plaintiff incorporates and re-alleges each allegation set forth in the preceding paragraphs of this complaint. 14. By virtue of the disclosure or consent to disclosure described in ~~'s 9-12, above, and the operation of Hawai' i Rules of Evidence ("HRE") Rule 511, [L 1980, c 164, pt of § 1; am L 1992, c 191, §2(4)], Obama has waived any privilege for the requested documents provided by HRS § 338-18(b), the applicable statute cited by Defendants in their Denial. 15. The document disclosed contains "any significant part of the privileged matter"
contained in the related documents sought, within the meaning of that term as used in HRE Rule 511, and Obama has waived any privilege for the original, whether in the paper or

microfilm/microfiche

form in Defendant's records, and all other related documents.

II. As and For a Second Cause of Action: 16. Plaintiff incorporates and re-alleges each allegation set forth in the preceding paragraphs of this complaint. 17. Neither Fuddy's letter (PI. Exh. 3-d) nor Abercrombie's News Release (PI. Exh. 3-e) describe the methods used to produce the copies of the documents provided to
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Obama's counsel, Judith L. Corley. 18. Defendant Fuddy, in her letter, fails to state how the copies supplied were made, what original paper records are available in Defendant's files, nor identify the original record sources from which the documents provided were made. 19. The document disclosed or consented to be disclosed by Obama, as described in -,r 9, above, displays discrepancies, anomalies, and modifications that are definitive proof of digital alterations 20. The document released offers further proof of a composited image in that at least two separate versions were released These are the digital version with green safety paper background as described in 1ll.a [pI. Exh. 4], and a printed hard copy with blue background provided to the AP, as described in -,r l Lc [PI. Exh. 6]. 21. A digital file that has a background pattern embedded in the file will yield that pattern in a hard copy printout, unless the pattern contained in the file that has been digitally altered floats on a separate layer, in which case the background can then be swapped out for alternative background patterns, or turned off to print on plain or colored paper. 22. The document described in the document had been scanned. 23. No evidence exists that Optical Character Recognition ('"OCR") software has

19 lacks

the attributes that would be available if

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been applied to the document described in ~ 9. The application of such software would result in a document that recognizes and allows for searchable text, which feature does not exist in this document. 24. A COLB is such a report as is contemplated by fIRE Rule 502. [L 1980, c 164, pt of § 1]. 25. Such digital alteration or evidence thereof as is described in

~4if 19-23, above,

or alteration by whatever means, or whatever unknown processes have been performed to produce the documents disclosed or consented to be disclosed by Obama, constitute such false statements, or fraud in the return or report, as are described in HRE Rule 502. 26. By virtue of the digital alteration described in ~~ 19-21, above, or alteration by whatever means, or whatever unknown processes, and the operation of HRE Rule 502, no privilege is provided to the COLB/report under Hawaiian law, and the privilege otherwise provided by HRS § 338-18(b), the applicable statute cited by Defendants in their Denial, does not apply here. 27. If the document disclosed or consented to be disclosed by Obama is not a true copy of the original contained in paper and microfilm/microfiche form in Defendant's

records, any alteration by whatever means in those documents constitutes such false statements, or fraud in the return or report, as are described in HRE Rule 502, and the privilege otherwise provided by HRS § 338-18(b), the applicable statute cited by

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Defendants in their Denial, does not apply here. III. As and For a Third Cause of Action: 28. Plaintiff incorporates and re-alleges each allegation set forth in the preceding paragraphs of this complaint. 29. The United States Constitution provides "No person except a natural born Citizen ... shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States." [U.S. Const. Art. II, Sec. 1] 30. The Supremacy Clause of the federal Constitution, Art. VI, prohibits any State law or action that changes or modifies those Presidential eligibility requirements.
31. As to every person that is a Presidential candidate, President-Elect, or

occupant of the Office of President, no state law or action can prohibit access to documents, records, or any other materials that bear on the Presidential eligibility of such person(s). 32. Obama publicly announced his candidacy on February 10,2007, became President-Elect on November 5, 2008, and has occupied the Office of President since January 20,2009. 33. The State of Hawaii and Defendants have custody and are in possession of documents, records, and other materials that bear on Obama's eligibility for the Office of

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President. 34. Defendants have unlawfully and unconstitutionally rejected Plaintiffs Request to

access those documents, records, and other materials, and are continuously United States Constitution.
WHEREFORE, Plaintiff demands judgment

in violation of the

against defendants, access to all birth records for Barack Hussein Certificate of live Birth

1)

ORDERING

that Plaintiff be permitted

Obarna, II, including but not limited to, original typewritten

#10641, issued on or about 08.08.1961, or any other # issued on that or any other date; all documents related thereto, including general logs recording any or all of the information contained therein; and all copies thereof, in paper, microfilm,

microfiche, electronic or other form, for purposes of copying, examination, and testing, as appropriate, an d

2) GRANTING reasonable attorney's fees and all other expenses reasonably incurred in this litigation, and 3) GRANTING such other relief as this Court deems just.
DATED:

Honolulu, Hawaii,

'3& be!;.
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orney for Plaint iff

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