This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.
By Scott Crawford, Hana, Maui
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As KITV reports, one impact of the Republicans retaking control of the U.S. House of Representatives in Tuesday’s election is on the Native Hawaiian Government Reorganization Act:
Hawaii’s Akaka bill to bring self governance to native Hawaiians appears dead in its tracks with Republicans taking over control of the U.S. House in January.
Hawaii’s Sen. Dan Inouye (D) said, “the odds of the Akaka bill passing are very bad.”
Here’s an AP article with similar sentiment.
HONOLULU (AP) — A long-sought federal law allowing Native Hawaiians to form their own government stands little chance of passing Congress before the end of the year, and its approval may be even less likely after a Republican House majority takes office in January.
[…]
Democratic Sen. Daniel Akaka, for whom the legislation is named, said he will push to pass the bill during the Senate’s lame-duck session starting Monday, but the chamber also will be busy with tax cut extensions and a stop-gap spending measure to keep the government running.
“The odds are bad,” U.S. Sen. Daniel Inouye, D-Hawaii, told KGMB-TV. “I’m being very candid and upfront because I don’t want people to have their hopes unjustifiably raised, because at this stage I would say it’s not one of the so-called priority measures.”
“I think it’s as good as dead,” said outgoing U.S. Rep. Charles Djou, R-Hawaii, who supports the measure. “We had a situation where the president of the United States said he would sign the Akaka bill and the Democrats held overwhelming majorities in both chambers, and Sen. Akaka wasn’t able to get it through.”
[…]
The legislation passed the U.S. House 245-164 in February but stalled in the Senate, where it failed to get consideration in the months before last week’s election.
From Keanu re Sai v Obama et al
UPDATE: NOVEMBER 1, 2010 — Plaintiff files Motion for Leave to File Supplemental Complaint by adding Defendants President Barack Obama and 35 Foreign States that unlawfully maintain Consulates in the Hawaiian Islands who were accredited through Defendant Clinton and the U.S. State Department. Initially, President Obama was removed as a defendant in the First Amended Complaint pursuant Nixon v. Fitzgerald (1982) that provides immunity to Presidents while in office, but because Federal Defendants have not denied, in their pleadings, the existence of the Hawaiian Kingdom and the Lili`uokalani assignment, Plaintiff can prove that President Obama is not a natural born U.S. citizen, which is a constitutional requirement to be President. Since President Obama was born in Honolulu on August 4, 1961, he was not born in the United States, and therefore must be considered President de facto and not de jure. As a President de facto, Nixon v. Fitzgerald cannot provide President Obama sovereign immunity because it would only apply to Presidents de jure. To download Plaintiff’s Motion for Leave to File Supplemental Complaint go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” I will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C.
From Keanu re Sai v. Obama et al:
UPDATE: Plaintiff files Memorandum in Response to Federal Defendants’ Reply to Plaintiff’s Opposition to Federal Defendants’ Motion to Dismiss Complaint. To download Plaintiff’s Memorandum in Response go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” I will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C.
From Keanu re Sai v. Obama et al:
UPDATE. U.S. Attorney for the District of Columbia, on behalf of Federal Defendants, files Reply in Further Support of Their Motion to Dismiss. To download Federal Defendants Reply to Plaintiff’s Opposition go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” I will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C.
The gist of the Federal Defendants argument is that since the Hawaiian Islands became a State of the Federal Union in 1959 under “An Act to Provide for the Admission of the State of Hawaii into the Union,” Pub. L. No. 86-3, 73 U.S. Stat. 4, it’s a political question that bars the Court from hearing the case because they argue that the legal status of Hawai`i was committed to Congress and not the Court. The Federal Defendants have made no mention or argument relying on the “Joint Resolution to provide for annexing the Hawaiian Islands to the United States,” 30 U.S. Stat. 750 (1898). The fatal flaw of this argument is that Congressional laws are limited to U.S. territory and have no force and effect beyond U.S. borders, and therefore Congress could no more annex the Hawaiian Islands than it could annex and bring Canada the Union a State. The 1959 Statehood Act was based on the 1898 Joint Resolution of annexation of the Hawaiian Islands and the 1900 Organic Act that established the Territory of Hawai`i. The Statehood Act did not annex, but merely attempted to transform the Territory of Hawai`i into a State of the Federal Union. The Federal Defendants have not denied the existence of the 1893 Lili`uokalani assignment and the Agreement of restoration, both being executive agreements under the sole authority of the U.S. President in foreign relations.
From Keanu re Sai v. Obama et al:
UPDATE: SEPTEMBER 28, 2010 — Plaintiff files Opposition Memorandum to Defendants Clinton, Gates, and Willard’s Motion to Dismiss. Plaintiff also requested a hearing on the Opposition pursuant to Local Civil Rule 7(f) of the U.S. District Court for the District of Columbia. To download the Opposition Memorandum, go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” I will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C.
From Keanu re Sai v. Obama et al:
UPDATE: SEPTEMBER 20, 2010 — Plaintiff Dimisses Defendant Lingle, but Defendants Clinton, Gates, Willard remain. In Plaintiff’s Opposition to Defendant Lingle’s Motion to Dismiss, the Plaintiff admitted that he is not seeking to sue Defendant Lingle, but only listed her as a nominal (name only) defendant. To download the Notice, go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” I will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C. I will soon be filing an Opposition to Defendant Clinton, Gates and Willard’s Motion to Dismiss.
Reminder…
AHA KANAKA KUOKOA
September 25, 2010 from 10am to 3pm
Location: IMIN International Conference Center, Jefferson Hall, Keoni Auditorium, U.H. Manoa.
Phone: 808-233-8500.
Organized By: Co-sponsored by Ho’omana ‘Oiwi, Hawai’i People Fund, Reinstated Hawaiian Kingdom, Kingdom of Hawai’i.
Hawaiian leaders of various groups have been invited to shre their process for Indpendence with the community at this Forum
From Keanu re Sai v. Obama et al:
UPDATE. U.S. Attorney for the District of Columbia, on behalf of Federal Defendants Clinton, Gates and Willard, filed a Motion to Dismiss (PDF) on September 13, 2010. The U.S. Attorney is joining the same defense made by Defendant Lingle and relying on the political question doctrine that the issue of Hawai`i’s legal status is committed to Congress under Congress’ constitutional authority to admit new States into the Federal Union, which therefore prevents the Court from hearing the case. An interesting note is that neither the State of Hawai`i nor the U.S. Attorney is relying on the 1898 Congressional joint resolution of annexation. Instead they are relying on the 1959 Statehood Act whereby Hawai`i was transformed from a U.S. Territory into a State of the Union. In my Plaintiff’s Opposition to Defendant Lingle’s Motion to Dismiss (PDF) I addresses this issue in detail. To download Federal Defendants’ Motion to Dismiss go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” I will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C.
UPDATE. Plaintiff David Keanu Sai filed an Opposition to Defendant Lingle’s Motion to Dismiss on September 8, 2010. U.S. Attorney for the District of Columbia, on behalf of Defendant Clinton, Gates and Willard, has yet to file an answer to the First Amended Complaint and has until September 13, 2010. To download Plaintiff’s Opposition to Defendant Lingle’s Motion to Dismiss go to http://hawaiiankingdom.org/sai-obama.shtml under “Court Docket Filings.” The will be periodically updating “Court Docket Filings” as documents are being filed with the Federal District Court in Washington, D.C.
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