Dr.

Orly Tairz, ESQ
29839 Santa Maxgarita, ste 100
Rancho Santa Margarita, Ca 92688 949-683-5411 , fax 949-7 66-7 603

orly.Izilz@gmail.com
PRO SE PLAINTIFF IN MS

IN TT{E US DISTRICT COI,IRT
SOUTI{ERN DISTRICT OF MISSISSPPI

Dr. Orly Taitz, ESQ et al

v
Democratic Party of Mississippi et

al

) ) )

CASE l2-CV-280

HON.IIENRY WINGATE
PRESIDING

Additional proof of service per court request

During 11.16.2012 hearing in above captioned case Honorable Judge Wingate requested Plaintifi to provide within a couple ofdays an additional proofof service
on Defendants Onaka and Fuddy through the Attomey General of Hawaii. Per direction of the court plaintiff Taitz provides

1. Exhibit 1 Certified mail receipt and domestic retum receipt 7008 1830 0004 6886 4863 and Domestic Retum Receipt of complaint in aforementioned case being mailed to

Jill T. Nagamine
Deputy Attomey General 465 South King str. Room200

Honolulu, HI 96813 on April 17, 2012 and received on October 23, 2012 a signed by D. Shuto (signature is not very clear, can be D. Sheto or D. Shito).
ESPS Track and Confitm shows that the item was indeed received at 12:41 pm on

Aprrl

23

, 2012 .

2. Exhibit 2 Proof of service of Defendant Alvin T. Onaka through Kendall J. Moser, who is designated by law to accept service on behalf of Attorney General of Hawaii, fully executed on 10.08.2012

3. Exhibit 3 Proof of service of Defendant Loretta Fuddy through Kendall J. Moser, who is designated by law to accept service on behalf of Attomey General of Hawaii, fully executed on 10.08.2012
4. As Tailz experienced problems with mail disappearing for days, witnesses and process serr'ers being pressured not to cooperate with Taitz, just to be on the safe side Taitz also hired "Hawaii Legal Service" at www.ProcessSeryerlfuwaii.com. Taitz attaches herein 2 pay-pal receipts of$55.00 and $35.00 and e-mail exchange with the service, instarcting them to serve Defendants Onaka and Fuddy both at the Health Depafiment and at the office of Attomey General. Taitz did not get a proof

of service flom Hawaiian Legal Service and believes that there was some type of pressure or tampering, which caused her not to get a proof of service from them, however Certified mail was received by the Attomey General and documented on l:pril 23,2012 and Service of Process on defendants Fuddy and Onaka through the office ofthe Attomey General was completed the second time on October 8, 2012
by Larry Fenton.

5. Taitz, also attaches a 16 page swom affidavit from Chief Investigator Mike Zullo ol Maricopa County Arizona Sheriffs office, who investigated forgery in Obama's IDs and attests to the fact that Obama's published birth certihcate and other IDs represent computer generated forgeries and that Registrar Onaka and Deputy Attomey General Jill Nagamine are engaged in obstruction and evasion of law enforcement. He also states that "Hawaii Govemment and its agencies had changed their policies and procedures in a manner calculated to hinder our law enforcement investigation". Taitz believes that the claims of lack of service of process are closely related to this pattem of hindering investigation and

prosecution

of individuals involved in RICO activity to

create iorged documents

for Obama and cover up this forgery. Taitz also submits recently received second affidavit, attesting to the fact that 06.06. 2012 image of Barack Obama's alleged birth cerlificate, submitted to this court by Scott Tepper and Sam Begley, representing Democratic Party of Mississippi, Barack Obama, Nancy Pelosi and "Obama for America", represent a forgery of a forgery, created to make an original forgery made public on 04.27.2011 look more genuine. This represents an additional evidence ofRICO activity ard a motif for claiming lack of service of process.
Taitz will also provide the court with the required 3-5 page brief by November 26
as ordered.

6.

Affidavit of Orly Taitz

I, Orly Taitz, attest under the penalty of perjury that attached
lsl Orly Taitz
1r.r8.2012

Post ofhce receipts and ProofofService" are true and correct copies ofthe originals received by me.

EXHIBIT 1

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You €ntered: 70081830000468864863
Status: Delivered

Your item was delivered at 12:41 pm on April 23, 2012 in HONOLULU, HI 96813. Additionat information for this item is stored in files ofiline. You may request that the additional information be retrieved ftom the archives, and that we send you an e-mail when this retdeval is complete. Requests to r€txieve additional infonnation are generally processed momentadly.

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EXHIBIT 4

Gmail - reply << from Hawaii << Tailz v. Democratic Party Miss

Page

I of3

C,q il
6 messages

Orly Taits< ody.taitz@gmail.com>

reply << from Hawaii << TaiE v, Democratic Party liss
e.ic@p.ocossseaveahawaii.com <

eric@processserveahawaii-com>

Fri' oct 5' 2012 at 5i32

Reply-To: eric@processserverhawaii.com To: Orly Taitz <ody.t€iE@gmail.com>

aloha we have your emailand attached pdfs we are awaiting payment ($55 + $35 + S35) ou may use ouronline payment system and once payment is completed. The PayPal system willgenerate
a confirmation email to your email and to HLS.
l\4ahalo, eaic

HAWAII LEGAL SERWCES Honolulu, Hawaii, USA 96813
www,PtocessSorverHawaii,com

CON FIDENT ALITY NOTICI Thselvlar messaqersconfdenta maybeprvleged and smeantonyfor the flended rec p ent lf yor have recerved th s el\4a I n error or f yoLr are not the ntended eclp enl P ease rnmeclate y de ete thrs elMa I and any attachirents al cop es thereof from any drlves or storage nred,a and destroy any pr nioLrls oi tn s el\4ar anC'or attachm--nis Please do not copv thrs efulz I o. lse I for any pLfposes or d sc ose ts contents to any other person To do otherw se may v o ate State afd/or Federa pr vacy laws

-

On Fd, 10/5/12, Orly

fala <orly.taitz@gmail.com> wore.

From: Orly Taitz <orly ta tz@gmail.com> Subject: To: slalf @processserverhawai .com Date: Friday, October 5,2012, 12'.04 PM Please, serve today the Direcor of Health and the Registaar atthe health department and with the Attorney general please, e-mail me the proof of seNice

2g839 Santa lMargarita pku/y ste 100 Rafcho Sanla lvlargarta CA 92688
ph 949683-541 1 fax949

;65

7603

https://maif.google.corl;,lmaiV'lti:2&ik=a3a25723cf&'vievr-pt&q=hawaii%20legal%20se... ll/1812012

Gmail - reply << from Hawaii << Taitz v. Democratic Pady Miss

Page 2 of 3

orlytajlzesq.com
I

Ody Tait< To: eric@processsetuerhawaii.com number

orly-taiE@gmail.com>
1
'1

Sat, Oct 6,2012 at4:OO AM
, I will givr you nry credit card

I do not see a paypal button on your site. Please, call me 949-683 54

e.ic@prcce9€serverhay{aii.com <

eric@processserverhawaii.com> sat oct 6. 2012 at 4:32 PM

Reply-To; etic@processserveft awaii.com To: O.ly Taits <orly.tait @gmail.com> click on the "payment online' an dit goes to a page to use the paypal system

I

li dont take credit or debit cards via telephone. i dont want any of ur card info.

ec
HAWAII LEGAL SERVICES Honolulu, Hawaii, USA 96813
www.ProcessServerHawaii,com

CONF DENTIAL TY NOT CE: Thrs elr'lai message sconldential.maybep vieged and sr.eantontyior the nlended rec p ent lf you have recerved th s elMail in error or if you are not ihe rniended rec p ent P ease rmmedrate y de ete rhis elUa I and any attachments al cop es thereoi front any dfives or slorage medra and destroy any pr ntollis ofth s ellai and/or attachrnents Please do not copy thLs e[,4a lor Lrse tt fcr anv p! poses or d sclose its contenls to any other peGon To do otherw se may v o ate State and/or Federa prvacy aws

--

On Sat, 10/6/12, Orly

f ale <ody.taitz@gmail.com>

w@le:

From: Ody TaiE <ory taiz@gmail.com> Subject Re: reply << from Hawaii << Taits v. Democratic Party Miss To: eric@processserverhawai com Date: Saturday, October 6,

2012

1:00 Alvl

Orly TaiE<orly.taits@gmail.com> To: eric@processseNerhawaii.com

Sat, Oct 6, 2012 at4:44 PM

ljust made 2 payments $55 and $35

https://mail.google.conlnaiV?ui=2&ik=r3225723cf&view-pt&q=hawaii%20legal%20se-.- l1/18/2012

Gmail - reply << from Hawaii << Taitz v- Democratic Party Miss

Page 3

of3

eric@p.oc€llaeryerhawaii.com<

eric@processseryerhawaii.com>

Sat, Oct 6, 2012 at 5:06 PM

Reply-To: eric@proc€ssserverhawaii.com To: Orly Taits <orly.taiE@gmail-com>

will seNe 2 complaints and summons on thne 2 persons at state health dept on tuesday (monday is
holiday).
i dont remember ur email oI instruction identifying what 2 peBons to seNe

enc

HAWAII LEGAL SERVICES Honolulu, Hawaii, USA 96813
www.Proc€ssServerHawaii.com

CONF DENTIALITY NOTIC[ Thrs efi/]ai message sconfdental.maybeprvieged and smeantonlyfor the ntended rec p ent lf you have recerved th s el\4a 1 in error or f you are not the rntended rec p ent P ease rmmed ate y de ete ifrs elMa I anci any attachments. al cop es tlrereof from any dfives or storage ned a and destroy any prinlouts of tlr s elvlar and/or attachrnents Please do not copy thls eMa I or use it for any purposes or d sclose ls contents to any other person To do otheturse may v oLate State and/or Federe pr vacy ia!r's

-On

Sat,10/6/'12, Orly

fall: <o y.taiz@gmail.com> !///ote

From: Orly Taitz <orly taitz@qmailcom> Subject: Re: reply << from Hawaii << Taitz v. Democratic Party Miss To: eric@processserverhawail.com Date: Saturday. Octobet 6,2012, 1.44 PM

Orly TaiE< To: eric@processserverhawaii.com

orly.taiE@gmail.com>

Sat, Oct 6,2012 at 5:08 PM

Director of Health DepartrEnt Loretta Fuddy and Registrar Alvin T. Onaka Please, serue a copy of the pleadings on the attorney general, who willbe representing them in @urt

https://mail.google.cornltla:il/2tti:2&ik=a3a25723cf&',tiew:pt&q=ba\taiio/o20legalo/o2}se..-

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EXHIBIT 5

STATE oF ARrzoNA County of Maricopa

AFFIDAVIT
l, the undersigned, beiag first duly sn'orn, do hereby state under oath and under penalty of perjury that the following facts are true:

1. I

am over the age of 18 and am a resident of Arizona. The information contained in tlis affrdavit is based upon my or'r.n personal knowledge and, if called as a witness, I cor d testifu competently thereto. I am a former sworn la\4' enforcement officer and criminal investigator. Since 2oo7 I have been duly appointed by the elected Shedff of Ma copa Courq, Arizona, Joseph Arpaio, as ttre chief investigator of his Cold Case Posse.
Under the Arizona CoDstitution and Arizora Revised Statlltes, the Sherifi has the a[thority to rcquest assistance from a !'olunteer posse ("the Cold Case Posse"), a special five-member team of experienced iN'estigators located in the countj, to assist him in the execution of his duties. The individualll-selected team deputized b!' the Sheriff includes former police detectir-es and attorneys rvho work volunta ly and at virtually no expens€ to the taxpayer $'henever the Sheriff autiorizes an investigation to address any issue as the Sheriff deems appropriate.

2.

3. In

August 2011, a group of citizens from the Suprise Arizona Tea Party organization called upon the Sheriff in his office aud presented a petition signed by approximately 25o residents o{ Maricopa CouDty, rcquesting the Shedffs Department to investigate whether a document posted on the offrcial website ofthe white House on a7 April zort and purpofting on its {ace to be an electronic image of the "long-form" or original Har'raiian bifih certificate of Prcsident Bamck Hlrssein Obama u.as genuiae.
image ofthe birth cedificate &ere not genuine, the question might arise whether Mr Obama had been bors u.ithin the jwisdiction of the United States and thereby complied lvith the requirement under Aticle lI ofthe U.S. Constitution that the President be a "naturul-born eitizen".

4. Ifthe

5. The petitioners

expressed their concern that, untii that poini, no law enforcement agency had ever gone on record as indicating that it had investigated or u'as wiliing to investigate whether President Obama was eligibie to hold his ofiice. The petitioners said that lack of resources and jurisdictionai challenges had inhibited any such investigation eiseb'here.

6. Sheriff Arpaio commissioned the Cold

Case Posse to undertake the inr'estigation requested by ihe petitioners. The principal focus of the investigation is the eleetronic document on the white House l\rbsite that President Obama had presented as the image of hG long-for:n birth

certificate to the Amedcan people and to citizens of Maricopa Countv al a White House press confercnce on Ap l 27, 2011, \^'hen he had said: "We provided additional informatiotr today at'out the site of my birti. ... Yes, in fact, I was born in Hawaii, August 4, 196L in Kapi'olani Hospital."

7, For

year before ttre Presidential election of 2oo8, the annually-revised biography written b-v Mr Obama and circulated by his literary agents had contaiued the words "Bamck Obama, the first Afiican-American President of tbe Haruord Lau Reubw, &as born in Kenya and raised in Indonesia and Hai€ii."
17

!€ars fron0 1991 until

tie

8.

The official Parliamentary Debates of the Kenyan National Assembly for 25 March 2oto records that Mr Orengo, the Minister for Lands, said: "If America ... did not see itself as a multiparty state or nation, how could a young man bom here in Kenya, raho is not even a Dati\€ American, become the President ofAmerica?" has closely examined the procedurcs for registration of birttrs at the Hawaii Department of Health and r,arious statements made by officials of the Hawaii govemment over the last five years in conDectron with the authenticitl' of Mr Obama's birth records. We have chronicled a se es of inconsistent and misleading represeltations that va ous ofEcials of tie government of Hawaii have made since zooT on the question u'hat original birth records, if any, are held by the Hawaii Department of Health.

9. The in\€stigatior

lo.Ir

Februar), 2op, I reported to Sheriff Arpaio that tiere was probable cause to consider that the white House image of Mr Obama's birth certificate was a forgery, and specifically that it was not a true and accurate photographic image of a genuine birth record- I advised the She ffthat the forgers had probably committed two crimes: fust, fraudulently creating a forgery that the White House had clamct€rized, knowingly or unknowingly, as a-n of6cially-produced govemmental trirth record; and secondly, fraudulently presentint to the residents of Maricopa County ard to the Arnerican public at large a foryery that the White House had represented as "proof positire" of President Obama's authentic 196r Hawaiian long-form biltl certificate,

1r. These conclusions rrere reinforced by

irput from Dumerous experts itr the fields of t$ewriting, tmesetting, computer-tenerated documentation, forensic document analysis and Adobe computer programs, as lvell as comparisons rvith numerous other biti reclrds and expert rer'ie$s of Hawaii state law and of tie regulations, policies and procedures of the
Hawaii Department of Health.

2

12.

The investigaiion further determined that the Hawaii Department of Health has engaged in what the Sheriffs i$'estigato6 believe is a systematic effort to hide from law enforcement and the public whatever original 1961 bith records the Hawaii Department of Healti may have in its possession. The Posse also accumulated evidence that the Hawaii gorernment and its agencies had charged thefu policies and procedures in a manner calculated to hinder our law-enforcement investigation.

13.

In furtherance of the inrestigation, u'hich has Dolv continued for more than a year, I have twice visited Hawaii within the last six montis. On t}le fiIst occasion, a Maricopa County Sheriffs Office Detectir€ and I presented our credentials to the ofEces of the Hawaii Department of Heaith and requested to speal to Mr Alvin Onaka, the chief regist.ar of births, a simulacrum of whose signature-stamp had appeared on tie electronic document on the White House website. We bad hoped to ask Mr Ooaka if he would verifo the authenticity of the White House .eleased document and to ve & the legitimacy of the registrar's stamp bearing his signaturc. Additionally ne hoped to ask hirn to allow us, for lar,renforcemeDt reasons, to inspect the original document and, in due course, to subject it to forensic examination.
Holvever, r,r'hen we presented our credentials at the front desk of the Ha$aii Department of Health, much to our amazemert r.,re $'ere informed that Mr Onaka does not speak to the public. We explained that $e \,!-er€ tirere on ofiiciai business. Nevertheless, i{e were not permitted access to Mr Onaka.

14.

15.

At our

insistence r'.e did ha1€ an oppotunity to speak r\.ith Deputl Aitorney Geneml Jill Nagamine. During our meeting Ms. Nagamine refused to verify the authenticiq of the PDF file released bv the White House. As a matter of fact Ms. Nagami[e lr'ould not prorjde us with an]' confirmation that the document u'as created by the Ha$?ii Departnent of Health. Ms. Nagamine accused us of tr]'ing to get a verification of a birth record 'ithout legal authorit) to do so, even though the document has be€n oflered for public vieu,r'ia the World Wide Web. She constantb' e\aded ans\^ering e\€{,question about the legitimac} of the document by hiding behind Slate statlrtes.
We also visited the Kapi'olani Hospital, which ihe document on tie White House websiie identifies as the place of Mr Obama's birth. We had discovered as a result of our enquiries that the hospital, at the rclel'ant time, had maintained a separate record-keeping system by which all births at the hospital ll€re recorded. This document is stored in the hospital archives. These arcbives are accessible to the public by hospital

16.

17.

permission. We asked to see tl-re hospital's birti records ior 1961 but ivere less than politely refused. At no time did Kapi'oiani Hospital ever confirm that Mr Obama was in fact born in the hospital. Nor did they confirm that they were in possession of his birth records.
18,

Haling regard to the elaborate non-cooperation lre received from the State of Hawaii, and upon close examination of the er,idence, it is my investigational opinion, shared by the Sheriff, that foryery and fiaud have been committed in key identiq records, including President Obama's long-form birth certificate; his computerized short-form birth abstBct; his Seiective Senice Registration cardthat Mr Obama's fi.st Executive Older, issued on his first full da1' as President, was to seal all of his owt past records from public scrutiny. Documentation that is not available for Mr Obama iacludes not only his original birth rccords but also his baptisrr records, his adoption records, his kindergarten records, his Punahou school records, his Occidental College records, his Columbia University records, his Columbia Universi\ thesis, his Halr"ard Larv School records, his Hanard Law Review articles, his schoiariy aticles from the Universitl' of Chicago, his passports, his medical records, his fi1es from his yeals as an Illinois State Senator, and his Illinois State Bar A,ssociation records.

19. 'l'he Cold Case Posse has also noted

2(].'Ihe then Republican Governor, Linda Lingle, stated durint aD intervie$' on Nerv York's WABC radio in 2oo8 that in an attempt to que1l the Bith Certificate issue she had the Bilth Certificate inspected by the state's dileaor ofhealth, Chiyome Fukino.
21.

had my health director, tho is a phlsician b1 birlh certificate in the birth records of the Department of Health, and we issued a ne14's release at that time salag that the president rvas, in fact, bom at Kapi'olaai Hospital in Honolulu, Halvaii. And that's just a fact and yet people cottinue to call up and e-mail and want to make it an issue and I think it's again a horrible distraction for the country by those people who continue tiis " Lingle is quoted "So

I

background, go personally view the

22.On October 31, 2ooB, Dr. Chi]'ome Ful<ino released the follo$'ing
statement: "There have been numerous requests for Sen. Barack Hussein obama's official bilth certificate. State 1a\' (Hai{ai'i Revised Statutes 5338-18) prchibits the release of a certified bifih certiicate to petsons who do not have a tangible interest in the vital record. Therefore, I as Dircctor of Health for the State of Hawai'i, along with the Registmr of Vital Statistics, who has statutory authority to oversee ald maiDtait these ti1)e of vital records, have personally seeo and verified that lhe I-{awai'i State Department of Health has Sen. Obama's original birth certifieate on record

4

accordance with state policies and procedures. No state officiai, including Governor Linda Lingle, has ever instructed that t}lis.!'ital record be hardled in a manner different from any other vital record in 1ie possession ofthe State of Hav"ai'i." 23.Montbs later, in July zoog, she added atother comment "I, Dr. Chiyome Fukino, Director of the Hawaii State Departrnelt of Health, have seen the original vital recorG maintained o[ file by the Ha$aii State Departmeni of Health reri$ing Barack Hussein Obama rvas born in Hawaii and is a ratural-bom American. I have nothing further to add to this statement or my odgilal statement issued iD October 2oo8 o!€r eight moDttrs ago."

in

Significantly, Fukino chaqges ttre rvording ftom viewing Sen. Obama's "original birth certificate" to having 'seeo the original lital records maintained on file by the Har?ii State Department of Health, verifuirg Barack Hussein Obama vas bom in Hawaii and is a natural-bom America!". 24,The Govemor of Hawaii, Mr Neil Abercrombie, has said that he was present when Mr. Obama !r'as born. Later, however, he rebacted that statement and acknowledged that he did not see Obama's parenls with their new bom son at any hospital, although he said he remembers seeing Obama as a child wittr his parerts at social events. There is no e\idence to support tiat claim. No doctor or nuls€ who attended his birth has come
fornvard to say so.

2s.Abercrombie told the l{onolLrlu Star Advertiser he was searching within the Ha&aii Department of Health to find definitive vital records tlat would prove obama was born in Harvaii, because the continuing eligibility controversy could hurt the president's chances of re-election in zorz.

26.Abercrombie said the bifth certificate issue ifould have "political implications" for the presidentisl election "that we simply cabnot have."
2T.Abercrombie did not report to the neuspaper that he or the Hawaii Departmelt of Health had found Obama's loDg-form, hospitai-geneEted birth certificate. The governor only suggested his investigations to date had identified an urspecfied listing or notation of obartra's bith that someone had made in the state archives.

28.Abercrombie did not say to the newspape! that he or the Hawaii Department of Healt} had found Obama's long-forn, hospital-generated birth certificate. Nor did he say to the neh'spaper he had personallJ' seen any birth record for Obama. The governor only suggested his inve.stigations to date had identified an unspecified listing or aotation of obamat birth that someone had made in the state archives.

29."1t was actually wdtten, I am told, tiis is what our iDvestigation is showing, it actualb exists in the archives, uritten down," Abercrombie
said.

3o.Conceivably, the ]'et-undisclosed birth record

in tie state alchives tiat Abercrombie said had been discovered may have come from the grandparents rcgistering Obama's birt\ an event that wor.rld automatically have trigger€d both the newspaper birth announcements al]d aEilability of a Certification of Live Birth, even if no long-form birth c€rtificate
erdsted.

31. Our investigation has re\€aled

that in 1961, as Hawaiian law then stood, Obama's grandparents, Stanley and Madelyn Dunham, could lawfully have made an in-person report of a Hawaiia! birth even if the infant Barack Obama Jr. had been {oreign-born.

32.The newspaper announcements of Ml Obama's birth do not prove he was born in Hawaii, since they could have been triggered by t}Ie grardparens registering the birth as Hawaiiaa, They might then have paid for the an[ouncement themselyes.
33. Howe!-er,

$e have learned that it was not uncommon 1br local nerospapers to pubiish birth announcemelt paid for by individuals reporting the birttt in the local paper, e\en if the child was born elsewhere. If so, tie rcgistration of an out-ofrountry birth as Hawaiian would have treen reported in the same 1\'ay as tbe legistration of an in-cou*ry birti. Neither of the two advertis€ments states that Obama was born in a padicular hospital. Both give very limited information.

34.To date the purported undisclosed birth record in the state archives tiat Abercrombie has claimed to have discovered and has described as being "actually rrritten" has never been made public- Being located in ihe state archives, this document should be available for inspection by the getreral public witlout lestmint, 35.From Aberdombie's admission, it is legitimate to infer that this recod, if it indeed exists, r{as not in the possession of the Hawaii Department of Health, which may have had no record of the in-country birth of Mr Obama either in hard copy form, such as long form birth certificate, presen'ed in its lault as described by Dr. Chiy'ome Fukino. If such a document had existed, Abercrombie would have had it $'ithin minutes of his request.

36.Mr Obama's long-form birth certificate u'ould har.e been presewed in a bard-covered bound volume along with the otler long form bir*r certificates of tiat period. This remrd would have been easily accessible to the Department of Health upon the Governols request, had it odsted.
37.

Dr. Chiyome Fukino also gave an interview to CNN on April 26, 2011, in which she stated that she simply went into the valdt ard inspected Obama's original Birth Certificate. Inferentially, it should hare been that e2sy for C,overnor Abercrombi€ to locate it as well.

38.This circumstance also suggests that the birth record of Mr Obama was Irot at that time recorded in the Department of Healti's computerized database that has been in use since zoor.
39.1n March 2op, Shedff A4aio held a Press Conference during which he and I presented an oudilre of those aspects of t}le investigation that $'ould not compromise the safety of witnesses or the integrity and future course of the investigation. At that time, we had concluded that there was probable cause that forgery and fraud had been committed in respect of four documents: the long-form or original birth certi{icate for Mr Obama, which contained multiple errors and anomalies, many oftlem serious; the shoft-form computer-generated abstract of Mr Obama's birth record that the Democmtic Partl had published in 2oo7, r 'irich was printed using a form of words not currert at the relevant date; the selective-service document for Mr Obam4 which contained a two-digit year-stamp contoary to specifications written by tie Department of Defence to the effect tiat the year of issue should be expressed as four digits on the stamp, and contrarl'to any other selective-sen'ice registration document that we ha\€ been able to examine; and we are aware that the social security number, which has a prefix that at the date of issue was unique to Conlecticut even though Mr Obama has never resided in tlat State.

40.In an attempt to verii r,r'hether Mr Obama ard bis mother had arrir.ed in the United States at or around the alleged date of his birth, we contacted the National Archives to obtain microfilms of the I-94 immigration Ianding records for the year 196r. All such records uere and are available for the entire )'ear 196r, except for tbose on tie alleged date of Mr Obama's birth (August 4), thrc€ days before that date, and three da]'s after that date. The Archivist and his staff did not tell us how the missing records had come to be lost, and offered no hope that they rvould ever come to
liCht.
41, A{ter three months of

further investigation, the Sheriff held a second press coDfercnce to announce, witi my support, that it b'as no longer a question of probable cause: it was now certain that the document on the White

House website was a forgery. The Sheriff also announced that the inrestigation would continue: and it has continued ever since.
4z.The purpose of holding press cooferences $'as and is to notifr the public that ao investigation is in progress, with the aim of obtaining additional information that might be helpfi:l to the investigators in rcaching the truth. A$ a result of both press conferences, additional material of tiis kind became alailable to us.

43.Our investigation concludes that President Obama's long-form birth certilicate is a computer-tenerated document; that it was manufactured piecemeal and electronically ard that it did not originate as a copy of a true paper record ftom a bound volume, as claimed by the White House and by the Governor of Hau?ii and by the director of the Health Department, cited ir a prcss release issued April 27,2orr, by tie Governor to coincide uith the publication of the document on the White House
website.

44.Most importartly,

"registrar's stamp" in the computer-generated document released by the white House and posted on the white House lrebsite may have been imported from arother uokno$,n source document. The fact that the stamp cannot have been placed on the document pursuatrt to state and federal laws is ole of many iudications that tle document is a forgery and, therefore, that it caEnot be relied upon as verification, legal or otherwise, of lhe date, place or circumstances of Mr Obama's birth.

tie

45.The Registmr's date.stamp exhibited a similar grave anomal1., allowing it to be mo\€d about electronicaliy within the document - which would 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-starnp r,r'ere computer-genemted images that \a€re imported into the alocument. They were not elechonic images of actual rubber-stamp imprints inked by hand or machine on to a paper document. Accordingly, the document on tie White House website is, at a minimum, misleading to the public in that it has no legal import and cannot be relied upon as a legal document carrying the firll faith and credit of the State ofHa\ ?ii and veri{ying t}re date, place and other cirrurnstances of Mr Obama's birth. a photograph ofthe Registrar's date-stamp is exhibited and marked "M22".
46.These and numerous other errors and anomalies obsen'ed afler extensil.€ forensic scrutiny of the electronic image dor,vnloaded frcm the White House rvebsite were inconsistent l^iih featurcs to be expected $'hen a paper document is placed on the glass plate of a scanner so t}lat it can be captured as an electro-photographic image, or when it is scanned and then

processed either to enhance the claritJ of the image by optical character recognition or to reduce file-size by file-compression or optimization,
47.

Furtherirg the investigation, I retumed to Hal^?ii for a secoad time. I met Mr Duncan Suoahara, the brother of Virginia Sunahara, an infant born in Hawaii on August 4, 1961, the alleged date of Mr Obama's birth tbere. Ms Sunahara died the follon'ing day, August 5, aiter breathiDg difEculties. W1IeD I met Mr Sunaham he had recently applied to the Department of Health in Hau?ii for a copy of his deceased sister's birth certificate. He told rne the Department had gone to great lengths to deny him a copy of the original long-form birtb certificate that a close relative is entitled by law to request and the Department is obliged by law to supply. The Cold Case Posse is compelled to consider the question why this litde girl's 1961 long-form birth certificate r^as so disconcerting to the Ha$Bii Departmeat of Health that it did not wish to issue a copy to Mr Sunaham upon request.

48.I obtained ftom Mr Sunahara a copy of proceedings in the Circuit Court of t}le First Circuit, State of Halvaii, in which the Deputy Attorney General, Ms NaSamine, appeared before Judge Rhonda Nishimura on March 8, 2012, to argue that M! Sunahara reas not entided under Hauaiian statute law to see, still less obtain, a certified copl' of his deceased sister's original 1961 long-form birth certificate.
49.Dudng the proceedings, the Attortey Geneml implied that Mr Sunaham's request arose fiom an underlying interest in obtaining evldeDce that might assist in deterEining rvhether tie document on the White House website is indeed a forgery. Ms Nagamine said Mr Sunahara ought to be satisfied with a short-form extnct of the birth record mtier than a long-fom printed image of the original copy in the bound rolurne for 196r in the v'aults ofthe Healti DepartEent.

so.Ms Nagamine also said that

tie entire volume of birth certificates inferentially containinS not only Ms Sunahara's long-form originai birth cetificate but also those of twins born at about the same date had been removed to a special, secure location with very limited access. I do not kuow what purpose the Department of Health had in preserving these records at ail, unless it was to show them upon request to family m€mbeE and otiers - such as law enforcemeDt - ryith a legitimate and statutory
interest iD seeing the documents.

51. Ms Nagamine said

that accessing the original birth records vas diftrcult and expensive. However, in Dr. Chiyome Fukino's interview \aith CNN she stated tJlat she simply n'ent into tle vault and inspected Obama's original Birth Certificate, I am told by Mr Sunaham that he n1as willing to pay any reasonabie fee to coyer ihe c!st. Our investigation indicates tiat the

Healtb Department's fee is not great: attomeys for Obama had paid $1o {or a certified copy and $4 for a second certified copy. Inferentiall}', such small fees are an indication that the difficulty of consulting the archives and generating certified copies is not great. And I have come across further evidelce that the difficulty of consulting tbe records is not very Sreat: for they are Dormall"! kept in bound volumes on specially-designed shelves known to librarians as "stacks". A picture of Mr Onaka pulling out a book of birth records from 1972, just nine yearc after the year that is of interest to our investigation, shor.rs horv small t}Ie difilcutty in consulting the records is likely to be. The photograph is marked "MZl", annexed and signed as relative hereto.

s2,The reason why larr'-enlbrcement investigatots u'ish to examine the origiral long-form birth certificate of Ms Sunahara relates to the practice of the Heaith Department to number each birth ce.tificate sequentialiy witl the last ha.o digits of the year follorved by a five-digit number inclemented sequentially by a date-stamp that advanced the counter by 1
after every stamping. At that time, approximately 48 births occurred every day in Hawaii, and were required to be registered. They were sequentially stamped in order o{ date ofbirth.
s3.

Photostat images of the long-form original birth certificates of twin daughters born to Eleanor Nord)'ke at Kapi'olani Hospital August 5, 1961, one day after the alleged birth of Mr Obama at the same hospital, have been dmh'tr to the Cold Case Posse's attention. They Jrad been published in the Honolulu Advefiiser. As a result of examining these images, the Cold Case Posse has reasol to suspect that the s€quential number on the computer-generated short-form abstract tiat the Health Department released to the family is not the same as thai $'hich appears on the longform original birth certificate that was issued 1br Ms Sunahara. Examinatio! of the birth certificates issued to the patents of the Nordyke htins shoh's that Lheir rcgishatioD numbers,, 6r/ro637 and ro63B, preceded ihe number on Mr Obama's sholt-form and long-form certificates, rfhich is sho$n as 61/10641, even though he was born a day earlier than they were. Ms Su'laham was born August 4, 196r, and her certificate was stamped by the Han'aii registrar August 8, but her number
was 11o8o. The table sunmarizes the posihon: Name of child Barack Obama Date and time

54.

bom
pm pm pm pm

Registered Certificate #
Aug 8 Aug 10 Aug 11 Aug 11 1o641
1108O

Virginia Sunaiara Susan Nordl'ke Gretchen Nord)'ke

Aug 4 at 7:24 Aug 4 at 9:16 Aug 5 at 2:12 Aug 5 at 2:17

10637 10638

10

55.

Mr Obama's birth certificate llas registered August 8, 1961. The Nord).ke twins' birth certificate was registered Autust u, 1961. Even if the
sequential numbering had followed the date of registration mttrer than the date of birth, Mr Obama's certificate should hare been automatically' assigned a number lower, not higher, tian the numbers allocated to the certificates of tie Nordyke tuins. And the number currentJy assigned to Ms Sunaham is entirely out of sequence.

56. One possible explanation

for the out-of-sequence serial numbers might have treen that several serialized piles of birth certificates were registered at different hospitals. Ho$'eveE Ms Vema K Lee, an of6cial responsible for the recording of births in Honolulu in 196r, when inten'iewed by a reporter for $'nd.com, said that this was Dot the case. Ms I€e $?s the local registrar who apparently signed tie document on the White House website

(it is possible thai the foryeN lifted her signature from anotier birth certificat€ and inserted it electronically into the computerized compilation that is nolt'on the White House uvebsiteJ.
57. Ms.

made recorded statements to a WND reporter during a phone intervielv. I have personally listened to those recordings. On the recorded conve$ation Ms. Lee said that all of the birth certificates received in a moDth ll€re ordered chronologically by date and time of birth and numbered sequentially at the end of each monti. The only exception - not relevant in the preselt case - was that bilth certificates received from the isladds and from one local out-station in Oahu &€re grouped separately, so as not to under-represelt birdls outside Honoluiu or urattended births occurring at home in the 50% statistical samples by n'hich only evennumbered births were reported to the Federal GoverDment as mandated by the U.S. Office of \5ta1 Statistics.

l€e was surprised that the numbers were out of sequence. Ms.

Lee

58. Ms

lee has said that birth certificates ftom the hospitals in Oahu \'\€rc sent directly to the ceDtral ofrice o{ the Department of Health in Honolulu. The binh certificates $ere all numbered at the end of each month by one person. \44ren Ms Lee was asked wbetier there might have been mistal€s in numbering tie birth certificates, she insisted tlat they were numbered correctl]' and in sequence. The long-form original certificates $'ere inspected twice for accruaq by two different clerks and tien signed by the registmr. They ifere kept together secured in a certain room until thel' were all numbered at the end of the month. They u'ere not allowed to become out of order and they were not numbered incorrectly. (It should be noted that the Nordyke twins were bom minutes apart aDd their respective certificate numbedng $as based Dot only on date but on time as r€ll. This indicates the clerk scrutinized the documents prior to placing them in chronological order for proper numbering.) Based on Ms Lee's representation, I consider it highly unlikely that a birth certificate so far
t1

aut of sequence as that wiich now appea$ on Ms Sunahara's short-form birth abstract could have been accepted at a registrar's ofice managed by Verna K lee.

59.1t is also possible that iovestigatoE are being misled into devotirg attertion to the number on Ms Sunahara's ofiginal long-form bifth certificate, which may' after all turn out to be different ftom that of Mr Obama and idedical to that which appears on her short-form computer
abstract. For tiat reason amoDg others, investigatorc would like to inspect an{ in due course, forensically to eJ<amirre the volumes of long-form certificates for 1961, and specifically the long-form original birth certificates for Mr Obama, for Ms Sunahara, and for tie Nord]'ke trdns.

60.A possibility that the investigators are constmined to bear in mind, given the numerous other defects in the document on the White House website, is that the number on that documeEt is Dot a genuine regishation mrmber assigned to his birth certificate in 196r, but was issued when the shortform document was generated during the 2ooB presidential campaign. It is possible that the Health Depadment does not lr'ant the public to see the original t96t birth records because forensic examination might establish that the forgers had made a mistake itr assigning to ttre forged loDg-form document on the White House rebsite a number that was out of sequence and that may (or may not) be identical rvith tie number on the long-form original birth certificate of Ms Sunahara. This is ooe reason why the investigato$ have asked to see the original bound volumes from the
staclcs-

6r. I am additionalty concerned that the Halr'aii Department of Health has not offered any testimony that the modern computerized data now used to generate the short-form abstncts have been safeguarded from numerical or other data manipulation. All that the Attomey Geneml of Hawaii offered to the Maricopa County Sheriffs Office as proof tiat Mr Obama was bom in Hawaii was a computer-geneaated list of birth rcgistrations that was contained in a fing-binder, Pages could easily be removed, added, or removed, altered and rehserted at will. There rms no lel'el of securiq* other than closi[g the rings of the binder holding the pages together.

6z.The investigatorc have obtailed an affidavit ftom an individual who weDt to the Department of Healti when some of the first questions werc being raised about Mr Obama's birth c€tificate, That individual states tiat when he first went to the main office of the Ha$?ii Depaftment of Health in Honolulu, Mr Obama's name did not appear in tie computerized registration list in the rilg binder, but when he went back apprcximatelJ 14 days later to re-examine the same list he rqas surprised to see that Mr Obama's name now appeared on it.

12

63.

Not$ithstanding this affidavit, it is plausible that an oliginal birth record for Mr Obama exists in Ha$?ii. Our investigation has discovered that at that time Hawaiian larv contained a specific provision that permitted a Hawaiian parent of a ehild born an1'rvhere in the ivorld or any adult puryorting to rcpreseDt that parent, the right to register the child as ilauaiian-born. It is for tlis reason tlat b{o entries in the "Births" column of the local ne\l'spape$ at the time do not constitute evidence that Mr Obama ms born in Hawaii. They are merely evidence suggesting that a birth certificate was issued fol him in Hawaii, and tiey tell us nothing about whether or not he was bom there. In particllar they do not as lhe White House document purports to do - identif the hospital of birth.

64.If Mr Obama had not in fact been boru in Hawaii, the long-form original bifth certificate would lot have stated that he had been born in a particular hospital at a particular time, and would not have borne the

iignatures of the attending physician and registrar. The newspaper ent es would have been identical ra'bether he had been born in Hal€ii or elseu,here in the rorld; but the birth records rvould not have been identical.
The existerlce of this law permitting out-of-couDtry births to be registered as though they rvere Hawaiian births is a further reason why the Sheriff wishes iis forensic in\€stigators to be given access to ihe original bound volumes of birih certificates for 1961, and to be peroitted to carry out forensic scmtily of the I'olumes and oJ certain individual certificates, including that of Mr Obama.

65.

66.For these reasons, it is necessary for the investigatom to bear in mind the possibililv that the intention of the Hawaii Deparrmert of Health in iefusing io allorv Mr Sunahara to have a certified copy of the original birth certificate of his deceasecl sister is to conceal forgery and fraud t'ithin the Depanment itseli

6z.The Cold Case Posse's lar'-enforcement investigatioD into Mr Obama's birth certificate continues, taling account of the additional infornation obtained both as a result of the Cold Case Posse's oon enquines and as a result of assistance from the public following the publication of some of our resu lts by the Sherirf at the Ma rch and J ulr 2oJz prets conlerences
6B.The law-enforcemeot investigation by and on behalf of the Sheriff of Madcopa County, Arizona, rvould be greatly assisted, and could be brought swiftly, inexpensively, and decisively to an end, ifthe Depaltment of Health and the malagement of the Kapi'olani Hospital were willing to alloy cout-recogrized forensic experts selected by the Sheriff of Malicopa County to i.spect and forensicaliy examine ihe volumes of long form

t3

odgind btuth c€rtificates for 196r aud ttre birth records kept by the Kapi'olali Hospital for that year. It should be noted that fore$ic experts are trained in the management aad presenation of paper records, and would cause no damage to the records in the course of their forensic
examination.

Executedtiis
i!
Maricopa County, Arizona.

day

of

2072,

-z;?.;/,'r- / a7this

'

Michael Zullo

Swofti to and ;ubscribed before me

?t- aq,of t-l

t4

MZI

This is the photogEph ofM. Onaka w'thdmwing a bound volunre of long-form original binh cenitcates for 1972 liom the sracks at the Deparfient of Healtb in Hava;i, rcfened lo in ny afiidavit in Slrdrrla r Hdrzti lhe source ofthe photograph is ao of R"sa Fournier w'rh Mr Onaka, entitled (eepl,a 'nlepiew the Recards Sr.aisht, ptsblished at midweek.com. Novenber 16,201L

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This is the image, refcrr€d to in my affidavit in Sunahfra l H,yan: of the "long-fovn b;.th certificale" for Mr Obanra, with the r€ghtiar's signature-stamp an4 sepamlely, rhe regiemr's dat€-stamp doved from $eir original locarions on rhe 'tertificar.", whicft are indic€ted by whire ghosr imagcs towar.ls the foor of the gr€€n securily paper on to which the fabricaied document iad becn €tcotronically superimposed. That fie regislrar's date stamp and $e regisrar's tex/signatuE starnp wcrc both cEatd by links to €xtemal objects imponed into the Obana birth cenificate was oho conlinned by lurning on lhe "Links" oprion in th€ "Window" menu ir Adobe llluslEtor. Tlle iDs€t irn6ge at top righl is the lisl of l;nk lhal appcars when that option is activated. Evidence rhar the rwo reg;strar stamps are exlernal objects imported irto the obama *binh document" can b€ s€en in tbat $e r€gisrar's date slrmp aDd texvsignalure stamp can easily and sepolately be €lectronicalb moved, rotated at will. tumcd sideways or cven lpsideriow& and rcpositioned anywhere on fte documenl. None of seveml buodred softwar€ s ites designed for lh€ auromaled opticalchanct€r r€cognition, inag€ enhancement file comprcssion, or opiimi2ation of an el€ctro-photographic tnEge ofan originul papcr docuoenr rha! werc sttdjed 6Dd tcsred by expen con€ultarts to the investigative tean *as capable of proces$ng th€ eleclroic data rcFesenting the image in such a manner as ro srore thc data reprEsenting €ithe. ofthe two stamp! on a single '!tlayef' so ss to allow the stanps lo be moved Ebou!

arwill.

/t
Date

-2

-4

16

EXHIBIT 5

I Paul Edward Irey do hereby
1

state and swear that the

following facts are true:

, I am over the age of l8

years old and am a resident of Florida. The information contained in this affidavit is based on my personal knowledge and, if called as a witness,I could testify completely thereto, I have 57 years experience in graphics. fimt in serving with the U.S. Air Force being trained as a clerk typist, two of those years with the National Security Agency for which I had a Top Secret security clearance dwing the years 1957 and 1958. Following that I was employed in Manhattan, New York on the art staff of the Hea$t trade joumal American Druggist. I was employed at various advertising agencies in Manhattal udil 1968 when I started my own business in Ft. Lee, New Jersey named Bergen Graphics. By the mid seventies I employed 60 people as graphic artists, typesetteN, camera and darkoom workers doing pre press seryices for major retaii and printing firms in the New york city area such as Montgomery Ward Catalogs and weekly newspaper ads nationwide, Acme markets newspaper ads for the entire supermarket chain in the northeast, Hearst Blue Book Auto Repair dranuals, Key Food Storcs of New York and Long Island,Diana storcs, Great Eastem Stores, Finest Supermarkets, Hills Supermarkets, Grand Union Supermatkets, etc. In addition to overall knowledge of typography, Photography, four-color stripping and all facets oi lilm preparadon for offset printing, I have 26 yearc experience in desktop publishing with Macintosh Computers since their irception and have used Adobe Photoshop and Adobe nlustrator on a daily basis since their birth in 1987 and 1989.

2.

I have examined Obama's long form birth certificate since it's rclease on April2ith,2011 and have also exarnined the recently altered version of the Adobe Acrobat pDF long form birth certificate of Barack Obama and have noted the following differences in appearance of this altered version presented to the courts by the law firm of Garfield and Tepper vs- the original version that is alleged to be the same document.

3.

This PDF document also exhibits layers, which show that it could not have been copied by a color copier and be an electronic attachment as was presented to the courts. AII color documents that are digital have embedded numben that control the color appearance of each pixel. Each pixel is based on the red, green and blue color formula- Each of these 3 colors is given 256

differcntlevelsresultinginover16millionpossiblecolorsforeachpixel.256x256x256= 16,777 ,261. When a digital file is copied, each pixel has its own unique number and a digital copy will always represent the original color exactly. We can not expect a digital color image
to change in appearance without deliberate alteration using softwar.e filters such as found in Adobe Photoshop. In order to examine what was done to change the color of the altered PDF file I used two filters, Levels and Hue/Saturation. I found that a minimum of5 color conffol seftings had to have been used to effect the changes we see. Exhibit "A" attached shows 3 vedions of the document. The first is the altered PDF document in question. The second document is the rcsult of performing my own procedures to match the firsr document by changing the original PDF file released by whitehouse.gov. The third document is an exact copy of the original PDF document released online by whitehouse.gov in 201l Page I

It is noticeably darker and clearly shows the white halo around everythi[g on the document. The elimination of this halo would be the most noticeable differetrce between the original and the altered document. This happened because the green background has been lightened to the point that the \rhite halo is not noticeable. Also the use of the blur tool had assisted in that same result of softening the hard white edge of the white halo.

4. The white halo is one ofthe proofs of forgery of dris birth certificate. No other birth certificate that I know of, or have seen during my examinations of many bith certificates from Hawaii has this white halo. Why the white halo proves forgery is based on the fact that the procedure for producing a birth certificate copy in Hawaii is to open up the binder tbat holds a group of
black and white odginal forms in individual sleeves in a binder and placing it face down on a copy rnachine to copy the document to the green security paper. In all the cases we have seen as a rcsult of that procedue, there is the result of all the black images, form lines, form type and the black typewritten letters printitrg directly to the green secuity paper. These copy machhes do not print white. We believe that the white halo resulted from the forger assernbling all the elements of the forgery on layers in a computer file. The forger made the mistake of flaftening the file that included a scanned image of the security pager and then applied an Adobe filter called "Unsharp Mask". I have been using this filter for 25 yea$ and know exactly what it looks Jike whel applied. No other method is known to cause this effect. The purpose of this filter is to sharpen the edges of a bluired soft outline and it does that by choking back the edge and making that edge haider. If the foryer had used letters copied from other documents there would be a need to shar?en the edges because when a copy is made of something through a lens, the original sharpness is reduced resulting in a soft outline that could expose the fact that the typed ]etters were not as sharp as others on authentic documents.

5.

Clearly this was the result ofthat alteration, rather intentional or not, and we must obiect to the alteration and erasurc ofevidence that must be seen in order to prove forgery.

Paul Edward Irev

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