Sai v Obama – Plaintiff files Reply

From Keanu re Sai v Obama et al

UPDATE: NOVEMBER 17, 2010 — Plaintiff files Reply to Federal Defendants’ Opposition to Plaintiff’s Motion to Amend the Amended Complaint. The Reply, as well as all court filings, can be downloaded in PDF at http://hawaiiankingdom.org/sai-obama.shtml under the heading “Court Docket Filings.”

Aloha.

For those who may find it difficult to understand the latest round of pleadings concerning my reply to the U.S. Attorney’s opposition to request for supplementing the complaint with additional defendants, here’s some further explanation. According to Rule 15(d) of the Federal Rules of Civil Procedure, defendants may be added by amending the complaint if it would provide a complete adjudication of the dispute and won’t prejudice the original defendants in the case. The Court must give its permission first before adding on new defendants. The U.S. Attorney is opposing the addition of new defendants by arguing I’m attempting to throw a “monkey wrench” in the proceedings, i.e. filing it in bad faith, therefore “unfairly prejudice Defendants and hamper the Court’s ability to manage its docket.” They’re trying to influence the judge so she will deny my request to supplement my first amended complaint with additional defendants. This is why I needed to file a reply to their argument, where I needed to clarify that its not filed in bad faith, but rather as a direct response to Defendants’ continued violation of the Lili`uokalani assignment since the lawsuit was filed on June 1, 2010. The Alien Tort Statute allows individuals to be liable to a tort action if there exists a direct “nexus” or connection to U.S. government officials regarding an injury to an alien, which in this case, there is a direct nexus between foreign states and the Defendants by there own actions since the lawsuit began. President Obama was also identified as a new defendant along with the 35 foreign officials because he has continued to impose U.S. federal law in the Hawaiian Islands since the lawsuit was filed, and Nixon v. Fitzgerald cannot give him immunity because he’s not a natural born U.S. citizen, which is a constitutional requirement to be President. In my reply I also further explain why the U.S. Attorney’s reliance on the political question doctrine cannot be an affirmative defense to my complaint, which consequently cannot prevent my request to add new defendants. To ensure good faith on my part, I also stated that my Motion to Supplement (Amend) will follow the hearing on the Defendants’ Motion to Dismiss.

• If the Judge grants the Defendants’ motion to dismiss I will appeal to the 2nd Circuit, and if the Judge denies the motion to dismiss, the U.S. Attorney will surely appeal.
• If the 2nd Circuit overrules the Judge’s decision to dismiss, the case would be remanded to the District Court where my Motion to Supplement will be heard.
• If the 2nd Circuit affirms the Judges decision to dismiss, I will request for an en banc (entire bench) rehearing in the same fashion as Kamehameha Schools did in Doe v. Kamehameha.
• If the en banc overrules the 3 judge appellate panel of the 2nd Circuit, the case would be remanded to the District Court for hearing on the Motion to Dismiss. If not, I appeal to the U.S. Supreme Court.

My pleadings were intended to fully elucidate or explain this apparent complexing case of why the Hawaiian Kingdom continues to exist and the effects of the Lili`uokalani assignment and a tort injury I suffered from Defendants who were responsible for faithfully executing the assignment. Through these pleadings I have been preparing for an appeal from either side.

My Motion to Supplement the amended complaint with additional defendants who are officials of foreign states was not only prompted by the open and explicit actions taken by the Defendants during the lawsuit, but also put the foreign officials on notice of their violation of Hawaiian sovereignty and international law. I sent letters to these foreign officials apprising them of my intention to add them as defendants to the lawsuit along with copies of the treaties their country has with the Hawaiian Kingdom, which are still binding. Attached is a letter to the French Ambassador I sent on November 2, 2010, which is in similar form to letters sent to the other foreign government officials in Washington, D.C. In the letter to the French Ambassador, I end with “While permission is being sought from the Court to add Your Excellency as a defendant, may I suggest Your Excellency’s government inquire into the pleadings of the case at the abovementioned URL, as well as the current legal status of the 1857 Hawaiian-French Treaty of Friendship, Commerce and Navigation, that remains legally binding today between our two countries.”

Keanu.