AlaFile E-Notice

03-CV-2012-001053.00 Judge: HON. EUGENE W. REESE To: RAGSDALE BARRY ALAN bragsdale@sirote.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA HUGH MCINNISH AND VIRGIN H GOODE JR VS. BETH CHAPMAN 03-CV-2012-001053.00 The following matter was FILED on 10/24/2012 5:19:29 PM

RESPONSE TO MOTION TO DISMISS PURSUANT TO RULE 12(B) [Filer: JOHNSON LAWRENCE DEAN]

Notice Date:

10/24/2012 5:19:29 PM

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C002 GOODE VIRGIN H JR C001 MCINNISH HUGH

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FLORENCE CAUTHEN CIRCUIT COURT CLERK MONTGOMERY COUNTY, ALABAMA 251 S. LAWRENCE STREET MONTGOMERY, AL 36104 334-832-4950

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ELECTRONICALLY FILED 10/24/2012 5:19 PM CV-2012-001053.00 CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA FLORENCE CAUTHEN, CLERK

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY.ALABAMA

HUGHMCINNISH, al, et. Plaintiffs,

VS.

Civil ActionNo.: CV-2012-001053

BETH CHAPMAN, Secretary State of Defendant.

PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS

PlaintiffsHugh Mcinnishand Virgil H. Goode,Jr. by and throughtheir undersigned counsel, herebysubmitthe fbllowing opposition Defendant's to Motion to Dismiss.

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the eligibility of all presidential candidates the 2012 AlabamaGeneralElection Ballot. On or for aboutOctober 15,2012 Plaintiff filed a Motion for SummaryJudgmentin which Plaintiffs submittedsworn affidavits that set forth evidencedemonstratins that Barack H. Obamaris not

' Mr. Obama not a necessary partysince dutyhinges the Secretary State.In addition, is the on of

Mr. Obama noticeof this lawsuitandhasnot chosen intervene. has to

Plaintiffs filed suit in order to requestthat this Court order the Secretary Stateto verify of

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TNTRODUCTION

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eligibleto serve President the UnitedStates. as of Exhibit l. Defendant filed a Motionto

ARGUMENT

It is clear that the Secretary Statehas a duty to verify the eligibility of thoseseeking of office. The bulk of Defendant's meritlessargumentto the contrary is the AlabamaAttorney General's Opinion. Defs. Mo. Dismissat 2. This opinionstates, full: in

AttorneyGeneral's (Emphasis OpinionNo. 1998-200 added). The attorneygeneral's opinionis precedent not case bindingon this Court.Ala. Dep't of Pub. Safetyv. Barbour,5 So. 3d 601,609 (Ala. Civ. App.2008) citing Andersonv.FayetteCountyBd. of Educ.,738 So.2d 854 (Ala. 1999). Nevertheless, constitutesan admissionby Alabamarschief law enforcementofficer it on behalf of the statethat if the Secretaryof Statehas knowledgegained from an official

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sourceabout a candidate'seligibility then she "should not" certify the candidate. The

examplecited "such as a candidate's failure to file a public statement EconomicInterest"is of simplydemonstrative a disqualifuing of factorand is not an exhaustive list. The requirements the U.S. Constitution,which is the supremelaw of the land, are also of

disqualifying factors. Article II, Sec.l, Cl.5 of the Constitution states:

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"The Secretary of state does not have an obligation to evaluate all of the qualificationsof the nomineesof political partiesand independent candidates for state offices prior to certifying such nominees and candidatesto the probate judgespursuant sections17-7-l and l7-16-40 of the Code of Alabama.If the to Secretaryof State has knowledgegained from an official source arising from the performance of duties prescribed by law, that a candidate has not met a certifying qualification [such as a candidate's failure to file a public statementof Economic Interestl, the Secretaryof State should not certify the candidate."

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Dismiss Opposition PlaintiffsMotionfor Summary and to Judsment October on 18.2012.

Thus,the U.S. Constitutionrequiresthat thoseseekingthe Office of President the United of

States l) naturalbom citizens, at least35 yearsofage, and 3) a resident l4 years. A be: 2) for

naturalborn citizen is one who is born within the United Statesto two U.S. citizen parents. See Plaintiffs Motion for SummaryJudgment. Plaintiffs have shown,backedby sworn affidavits

from an "official source,"Sheriff JosephM. Arpaio and his investigator,Mike Zullo, that Barack

first askedto undertakean investigationinto BarackHusseinObama'slong-form birth certificate in Augustof 2011 upon petition by 250 residents Maricopa County. Arpaio Affidavit fl 2. The of

of former law enforcementinvestigators and practicingattorneys. at fl 5. Mr. Zullo was the Id. lead investigator the Cold CasePosse for and was chargedwith the task of determiningwhether the electronicdocumentreleased the White Houseas Barack Obama'sbirth certificatewas, in by fact, authentic. Zullo Affidavit fl 6. In February2012,the Cold CasePosseinformed Sheriff Arpaio that therewas likely forgery involved with the documents. at fl 7. Mr. Zullo Id. published the White Housewebsiteis, at minimum,misleading concluded that "the document on

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to the public as it has no legal import and cannotbe relied on as a legal documentverifuing the date,placeand circumstance BarackObama'sbirth." Id. atlll. of Mr. Zullo'sconclusions "werebased upon,but not limited to, input from numerous

expertsin the areasof typesetting, forensicdocumentanalysis, computergenerated documents, as well as,review of Hawaii statelaw, Hawaii Department Health policies and procedures, of

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Cold CasePosse was commissioned SheriffJoseph by Arpaio in October201I and is comprised

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H. Obamais not a naturalbom citizeneligibleto be president.Exhibit l. SheriffArpaio was

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"No Personexcepta natural bom Citizen, or a Citizen of the United States, the at time of the Adoption of this Constitution,shall be eligible to the Office of President;neither shall any Personbe eligible to that Office who shall not have attainedto the Age of thirty five Years,and beenfourteenYearsa Residentwithin the United States."

and comparisons with numerousother birth records."Zullo Affidavit

u 7. In the courseof their

representations variousHawaii goverrrment that officials have madeover the pastfive years regardingwhat, if any, original birth recordsare held by the Hawaii Departmentof Health." Zullo Affidavit fl 12.

Having beenpresented evidenceby investigator the Mike Zullo, Sheriff Arpaio

concluded that "forgery and fraud was likely committedin key identity documents including

President Obama'slong-form birth certificate,his SelectiveServiceCard, and his Social Security

"President Obama'slong-form birth certificateis a computer-generated document,was manufactured electronically,and it did not originatein a paperformat, as claimed by the white

documentis a forgery, and thereforeit cannotbe usedas a verification, legal or otherwise,of the date,placeor circumstance BarackObama's of birth." Id. atl8. Even if the birth certificatewere legitimate,at the very best it would demonstrate that Mr. Obamawas bom within the United States a U.S. citizen mother and a fatherwho was bom to in Kenya,a British colony, and was nevera U.S. citizen. In fact, Mr. Obama'sfatherwas later deportedfrom the United States. It is thus clearthat Mr. Obamacannotestablishhis eligibility

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he because is not eligible for the Office of President the United States. of DespiteDefendant's disingenuous claims,Plaintiffs neveraskedfor the Secretary State of

to checkthe eligibility of the hundredsof peoplerunning for office. Instead,Plaintiffs (one of

whom is a presidential candidate) seekingto havethe Secretary Stateverify the eligibility are of of thoserunnins for President the United States. of

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house.Id. ln sum, Sheriff Arpaio unequivocallystatedthat "thereis probablecausethat the

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Number." Arpaio Affidavit fl 7. Sheriff Arpaio basedhis conclusions indicationsthat on

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investigation, "The investigators also chronicleda seriesof inconsistent and misleading

Nor are Plaintiffs requesting stateof Alabamato set its own criteria for eligibility. the

-- for verifying eligibility of a candidate.To arguethat "only Congress has the authorityto judge qualifications" simply wrong. A presidential is electionis not, ipso facto,an exclusively federal process. fact, Presidential In Electors,thosechosento ultimately selectthe President, to be are

designated exclusively the statelegislatures. by U.S. Const.Article II, Sec.l,Cl.2. Presidential electionsare thus a cooperativeand complementary effort of both the stateand federal

government.Defendantcites to no authority.statutoryor otherwise,that demonstrates Congress'

Defendant's reliance Robinson Bowen,567 F.Supp.2d on v. 1144,is misplaced.In Robinson,the courl was askedto examinethe eligibility of a presidential candidate.That is

orderingthe Secretary Stateto verify Mr. Obama'seligibility, along with other presidential of candidates, accordance in with her dutiesas the chief electionofficer in the stateof Alabama. Further, court in Robinson the reliedon the TwentiethAmendment and 3 U.S.C.$ 15.The TwentiethAmendmentsimply states procedure the "fthe President elect shall have failed to qualify."The TwentiethAmendment establishes orderof succession caseof a vacancy an in in the office and makesno mention of the methodof qualification. The sameis true of 3 U.S.C. $

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15,which simply states procedure countingthe electoralvotes,and objectionsif improper the for

votesare cast. Nothirzgis statedabout challengingthe qualification of a candidate.These

procedures in place specificallyfor after an election,or if there is a vacancyin the Office of are President the United States. of

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simply not the casehere. Plaintiffs haverequested Court to issuea writ of mandamus this

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power or procedure verify eligibility. Nor can she. to

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The criteriahave alreadybeenset by the U.S. Constitution.There is no federalprocedure none --

The Secretary State,having the power to certify candidates, surely de-certify-- in of can

in 1968,the Califomia Supreme Court ruledthat a presidential candidate who is not eligibleto be president shouldnot be placedon the ballot. Cleaverv. Jordan, Calif. SupremeCourt minutes, Sep.26,1968,caseno. 7838,not reported. InCleaver,a Presidential candidate, Eldridge

Cleaver,was removedfrom the ballot by the Secretary Stateof Califomia, Frank Jordan,when of Jordanactedin accord with his oath of office to uphold the US Constitution,specificallyArticle 2, sectionl, as Cleaverwas 34 yearsold and not eligible. Statecourtsdo havejurisdictionover

Statefrom performing her constitutionalduty to determinethe eligibility of the candidates. Mr. Obamaproceeded his own risk. He defrauded peopleof the stateof Alabamaas at the

without oncehaving to prove that he was indeeda naturalbom citizen, despiteall the evidence to the contrary.

In sum, Defendantfirst concedes that the Secretary Statehas the ability to verify of eligibility based credibleevidence on and thentriesto disingenuously argueto the contrary, citing no authoritybut rathertwice making the claim that her argument"makessense."

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It is time -- finally -- to ensurethat the personwe are entrustingthe highestand most

powerful office of our country is eligible to servefor that office. The issueof eligibility has becomea political hot potato,in effect a sticky matterfor judges and courtsaroundthe nation. But the rule of law must eventuallygovem, without regardto politics, and cannotand shouldnot

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well as the other votersin this country,and incredibly has servedan entire presidential term

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qualificationfor Candidates President.There is simply no statutebarring the Secretary for of

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effect disqualify -- them if they are found to be ineligible. Here it is pertinentto note that

besidestepped through legallyconvenient politicallycorrect and courtrulingswhichignore the

Forthese reasons, Plaintiffs respectfully request this CourtdenyDefendant's that Motion to Dismiss.

Plaintiffs respectfully request argument thismatter. oral in

Dated: October 24,2012

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Respectfullysubmitted,

Larry Klayman, Esq. Klayman Law Firm 2020Pennsylvania Ave. NW, Suite800 Washington, 20006 DC T e l : ( 3 1 0 )5 9 5 - 0 8 0 0 Email: leklayman@gmail.com Pro Hac Vice Pendins

L. Dean Jbhnson (JDH046) L. DeanJohnson, P.C.

4030Balmoral Suite Dr., B Huntsville, 35801 AL Tel:( 256) 880- 5177 ( Fax: 256) 880- 5187 Email Johnson_dean@bel : lsouth.net

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plainlanguage theU.S.Constitution. of

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Exhibit1

State Arizona of County Maricopa of

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AFFIDAVIT

I'" the being first duly sworn, do hereby state under -undersigned, oath and urder penaltyof perjury that fhe factsare tr.ue:

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4' lfhe Maricopacounty Sheriffs office is in a rather uniqueposition. Underthe Arizona constitution and Arizona RevisedStatutes, as the electedSheriff of MaricopaCounty, I have the authorityto r.qu.r, th. aid of fhe volunteerposse, located in rhe county, to assistme in the execution of ,ny outi.r. Having organized vo-lunteelqosl-of approximately a 3,000members, as the sheriff of I, theMaricopacounty slierifl's oifice, canauthor ize aninvestigation fonvardto go answef these questions virtuailyno expense the tax payer. at to

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5' The cold case posseagreedto unelefiake investigation the requested the 250 by citizensof Maricopa county, This posseconsists of for*r, police officersand attorneysrvho have worked investigating the controversysurroundingBarack obama' The i'vestigation mainly focuseJon the eiectronicdocumentthat was

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3' This group expressed concernthat, up unril iB that point, no law enforcement agencyin the country lrad ever gone on record indiiating that they had either looked into this or that they were willing to do so, citing lack of resources and jurisd ictionalchaIlenges.

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2' In August of last yelf, a group of citizensfrom the SurpriseArizona Tea party organizationmet with me in nry. office and presentecl a petition signed by approximately residents Maricopa 250 of county, askingif I wouJJinvestigate the controversy surrounding President Barrackobarna'sbinh celtificateauthenticity andhis eligibiriqv seno asthepresident the to of united srates.

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l ' I arnover the ageof 18 and am a resiclent Arizona. of The infonnationcontained in this affidavit is b-ased upon my own personalknowl.ag. rrJ, ii called as a witness,could testify competentlythereio. I am the duly electedsheriff of MaricopaCounty,Arizona,andI havebeena law enforcrnrrnt officer andofficial, in both stateand t'ederal government, 5l years. for

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of binhs at the HarvaiiDepartment Healtb of and var:ious statem.nts made Hawaiigovernnlent by officialsregarding obamabifth conhoyersy tlre over thelastiive years.

uponclose examination theevidence, is my berief of it thatforgery fraud and rvas Iikely cornmitted key identitydocuments in includingpresidJnt'obamais longfonn birth certificate, selective his Service Registration card, and his Social Securiry number. 8

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Fxecuted I ? dayof June,20l this Maricopa County,Arizona.

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9' The cold case Posselarv enforcement investigation into llarack obama,sbirth certificate and his eligibility to be president in-g"ing. is The on-going'ature of the investigation clueto idd.itionalinlbrmation is tf,at h'u, ,or. ;"'li;Ft sincewe held the pressconlerence March, 2012. in As soon as that informationhasbee' properly verified by the cold case Posse, I will releasethat informationto the public.

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andI believe President that obama'slong-form birthcerrificate Yt^'lYttgators ls a comprlter-generated document. manufactured was eleftronically, thatit ano did not ofiginate in.a paperformat, claimed the white as by House. Most importantly, "registraris the stamp"in the generated tlocurnent released by the white Houseand posted the ,computer on wttitl Hou-se website, may havebeen importedfrorn anotrr.r,rnkro*, source document.The effectof the stamp not being placed the document on pursuant state lbcleral to and larvsmeans there that is probable cause thedocurmenta forgery, therefore, that is and it c.annot used be asa verification, regar otherwise, theolte,prace or of oirirrunrrtances Barack of Obama's bifth.

Joseph Arpaio,Uar.icopa M. Couffiberiff

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6 . The investigation to a closerexamination led of the procedures regarding the registration

presented President as obama's longformbirthcertificate theAmerican to people andto citizens Maricopa of county6y thewhiteHouse April 2r 20r on |. ,

State Arizona of Countyof Maricopa

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AFF'IDAVIT

l, the undersigned,being first duly swoln, do hereby state under oath and under penaltyof perjury that the facrsare rue:

l ' I arl over the age of 18 and am a residentof Arizona. The irrfbrmation containedin this af'fidavitis basedupon my own personai knowledgeand, if called as a witness.coulcltestify competentlythereto. I arn an inr.rstigaterr with Maricopa C'ountySheriff's Cold Caseposse. 2' In August 2011, approximately 250 members the Surprise, of Arizona,Tea Party, who are residentsof Maricopa County, presenteda signed petiti6n askirrg Sheriff Joe Arpaio to undertakean invesiigation to addiess conceffrs regardingPresidentBarack Obama's long-fbnn birth certificate released by t h e Wh i te H o u seo n A p ri l 27,2011. 3' Residents Maricopa County were concernedthat docurnent of released was suspected be a computer-generated to forgery,not a scanof an origipal l96l paper document, as representcdby the White House wlren the iong-fbrm birth certificatervasmadepublic. 4' l'he Tea Party mentberspetitionedunder the premisethat if a forged bifih certiflcatewas utilized to obtain a position fbr Barack Obarnaon the 2A12 Arizona presidentialballot, their rights as Maricopa Countv voters couid be compronrised. 5' in October 2a11, Sheriff Arpaio commissioned the Maricopa Courrty Sheriffs offlce Clold Case Posse. which is comprisecl of fonner law enforcementinvestigatolsand practicingattomeys,to investigatepresident Barack Obarna's iong-fbrm birth certificate releasedby the Wfrite House on April 27,2011. The purposeof this investigation was to determine the if documentwas, in fbct, authentic.

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6' As lead investigatorfor the Cold CasePosse,I agreedto Sheriff Arpaio's request to undertake the investigation into President Obama,s birrh certificateand his eligibility to be president.

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) rs.

9' Among the evidencereleased the March 1,2A1?, pressconlerence at were five videos the Cold Case Posseproducedto demonrt.ut" why the Obama long-fonn birth certificateis suspected be a computer-generated to fbrgery. 10' fhe videos provide a true and correct point-by-point illustration of the investigators'conclusion that the featuresand anomaliesobserved on the Obama long-fbrm birtl'r cer-t.ificate u,ere inconsistentrvith featuresproduced rvhena paper docutnentis scanned, even if the scanof the paper document had beenenhanced Optical Character by Recognition(OCR)'andoptirnized.

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I 1'Additionally,the videos detnonstrated the Flawaii Depart'ent that of Health Registrar's Imme stamp arrd the Registrar's date stanrp were computergenerated imagesinrportedinto an electronicdocument, opposed u.tr"l as to rubber stamp imprints inked by hand or machine onto pup*r document. " Based upon this, the documentpublishedon the White House website, is, at a minimum, misleadingto the public as it hasno legal import and cannot be relied on as a legal docuilent verifying the date,pL". und .ir.r*stance of BarackObama'sbirth.

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7' ln February,2a12,Cold CasePosse investigators advisedSheriff Joe Arpaio that the tbrgers most likely committed tio crimes: first, in fi.audule'tly creating a fbrgery that the White House characrerize<i, knowingly or unknowingly, as an officially produced govemmental binh record; and second'in fraudulentlypresenting the residentsof to Maricopa County and to the Arnerican public at large, a forgery the white House represented as "proof positive" of PresidentObama;s authentic 196l Hawaii long-form birth certiticate. These conclusionswere based upon, but not lirnited to. input fi'om numerousexpertsin the areasof typesetiing, .omputer generated documents,forensic documentanalysisand Adob. .I*prt., prog.u*r, u, well as, review of Hawaii state law, Hawaii Department of Health policies and procedures, comparisons and with nr-rmerous other birth records. 'l-he 8' Cold Case investigalor-s fi.utherdetenninedthat the Hawaii Departrnent of llealth has engagedin what Sheriffs investigators believe is a systematic eftbrt to hide Irom public inspection rvhatev.,uiiginul 1961birth recordsthe Hawaii Department of Health rnay have in their possession, including changingpoliciesand procedures and denyingvalid F'reedorn Infbrmation of Act (FOIA) requests infonnation relatedto the l96l birrh records for isaid requests were not for any birth records).

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13'The Cold Case Posse's enforcement law investigation Barack into obama,s bimhcertit'icate his eligibilityto bepresideni continuing, and is asadditional information beenobtained deveioped has and supporting currentfindings the of the Cold Case Posse.As soonas thatinto.,r,uiion properlysourced is and verified'thatadditional infonnation be released ihe puuiicar the will to direction o{'Maricopa CountySheriffJoeArpaio. Executed this 1/ dayof June,2A12,in Maricopa County, Arizona.

MichaelZullo

Swgp to andsubscribed befbre this nre I \-{4+ , .! - Ll__ oayor ,2012.

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FRANCES LELICK NOTAFY PUBUC.ANIZOM MAR'COPACOUNW MyCorn*donEryirx 7.aJ11

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12'Theinvestigators also chronicled seriesof inconsistent rnisleading a and representations variousHawaiigovemment that officialshavemadeoverthe past live yearsregarding what, if any,originarbirth recordsare herdby the HawaiiDepartmenr Health. of