OTTAWA, CANADA – On May 13, 2015, attorney Dexter Ka‘iama reported war crimes of unlawful confinement, deprivation of a fair trial, and destruction of public property to the Department of Justice’s Crimes against Humanity and War Crimes section and to the Royal Canadian Mounted Police (RCMP) National Division’s Sensitive and International Investigations on behalf of his client, Mr. Kaho‘okahi Kanuha. War crimes were alleged to have been committed by TMT International Observatory, LLC, (TMTIO), which has a Canadian partner, the Association of Canadian Universities for Research in Astronomy. Canada’s government also recently committed $250 million dollars for the construction of the thirty-meter telescope by TMTIO on Mauna Kea.

Ka‘iama requested Dr. Keanu Sai, a political scientist, to draft a War Crimes Report to accompany the complaint so Canadian authorities can understand the context of why war crimes are being committed in the Hawaiian Islands. The report affirmatively answers four fundamental questions that underlie Ka‘iama’s complaint: first, whether the Hawaiian Kingdom existed as an independent State and a subject of international law in the nineteenth century; second, whether the Hawaiian Kingdom continues to exist as an independent State and a subject of International Law, despite the illegal overthrow of its government by the United States on January 17, 1893; third, whether war crimes have been committed in violation of international humanitarian law; and, fourth, whether the Canadian Government is capable of investigating and prosecuting war crimes that occur outside of its territory.

Download the War Crimes Complaint.
Download the War Crimes Report.

Due to a court appearance on Maui, Ka‘iama was unable to accompany Kanuha to meet with the Canadian authorities. In his stead, Dr. Sai, who is Ka‘iama’s law office’s expert consultant on these matters, accompanied Kanuha. In a letter to the Canadian authorities, Ka‘iama stated, “Dr. Sai is perhaps the foremost qualified expert to answer any questions you may have regarding the case as well as the circumstances of why the Hawaiian Islands are currently under an illegal and prolonged occupation by the United States since the Spanish-American War, 1898, being an international armed conflict as defined under common Article 2 of the 1949 Geneva Conventions.”

“We met with two Constables who were criminal investigators of the RCMP’s Sensitive and International Investigations unit at their headquarters,” said Kanuha. “They fully understood what we were saying about war crimes and they took it very seriously. At first they were puzzled because they assumed Hawai‘i was a part of the United States, but Dr. Sai was able to explain why and how we were occupied since the Spanish American War. Dr. Sai even lightened things up when he asked them if they ever saw the movie Matrix, and after they both said yes, he jokingly told them that they just took the red pill and now they know about Hawai‘i’s occupation. Dr. Sai even told the Constables that Keanu Reeves, a Canadian citizen who played Neo in the Matrix, was his cousin.”

The war crimes were reported in accordance with the Canadian Crimes Against Humanity and War Crimes Act (2000) and international humanitarian law. Ka‘iama stated, “I am filing this complaint, on behalf of my client, Mr. Chase Michael Kaho‘okahi Kanuha, a Hawaiian subject and protected person, for the war crime of deprivation of liberty when he, along with thirty other individuals, was unlawfully arrested and temporarily detained on April 2, 2015, in the taking of protective measures to prevent the war crime of destruction of public property during occupation to be carried out by TMT International Observatory, LLC, (TMTIO) upon the summit of Hawai‘i’s largest mountain Mauna a Wakea, also known as Mauna Kea. Additionally, my client is reporting the war crimes of destruction of public property during occupation committed in the building and erecting of the following thirteen observatories:

1. University of Hawai‘i Institute for Astronomy’s UH telescope built in 1970;
2. NASA’s Infrared Telescope Facility built in 1979;
3. CFHT Corporation’s Canada-France-Hawai‘i Telescope built in 1979;
4. UKIRT’s United Kingdom Infrared Telescope built in 1979;
5. East Asian Observatory’s James Clerk Maxwell Telescope built in 1987;
6. Caltech Submillimeter Observatory’s telescope (10-meter) built in 1987;
7. National Radio Astronomy Observatory’s Very Large Baseline Array radio-telescope antennas built in 1992;
8. M. Keck Observatory’s Keck I telescope built in 1993;
9. M. Keck Observatory’s Keck II telescope built in 1996;
10. National Astronomical Observatory of Japan’s Subaru Telescope built in 1999;
11. Gemini Observatory’s Gemini Northern Telescope built in 1999;
12. Smithsonian Astrophysical Observatory and the Academia Sinica Institute of Astronomy and Astrophysics of Taiwan’s Submillimeter Array built in 2002;
13. University of Hawai‘i at Hilo’s UH Hilo Educational Telescope built in 2010.”

In the complaint, Ka‘iama invoked his client’s rights under the 1851 Hawaiian-British Treaty with the filing of this complaint. Article VIII provides, “The subjects of either of the contracting parties, in the territories of the other, shall receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries, respectively, for the prosecution and defense of their just rights; and they shall be at liberty to employ, in all causes, the advocates, attorneys or agents of whatever description, whom they may think proper; and they shall enjoy in this respect the same rights and privileges as native subjects.” The treaty, among other things, provides reciprocal rights to the subjects of the Hawaiian Kingdom and to the subjects of Her Majesty in all of her dominions, which includes Canada.

Download the 1851 Hawaiian-British Treaty

The treaty is perpetual and has no provisions for termination, except for termination of articles 4, 5, and 6 that apply to duties and trade. According to Dr. Sai, “the treaty continues to be binding on Her Britannic Majesty in right of Canada or any of its provinces.” In 1893, the Hawaiian Kingdom maintained a Legation in London, a Consul General in Toronto (Ontario), and Consulates in Montreal (Québec), Belleville (Ontario), Kingston (Ontario), Rimouski (Québec), St. Johns (Newfoundland and Labrador), Yarmouth (Nova Scotia), Victoria (British Columbia), and Vancouver (British Columbia).

After Ka‘ima stated, “In accordance with the principle that war crimes shall not be treated with impunity, and also pursuant to §702.1 of Canada’s Unit Guide (1990), which notes that the Geneva Conventions ‘impose an obligation on all nations which have ratified them to search for and try all persons who committed or ordered to be committed grave breaches of the Conventions,’” he requested “that an enquiry be instituted by the RCMP’s Sensitive and International Investigations concerning the alleged violations of the 1949 Geneva Convention, IV. And, if after careful review the violations have been established, I call upon the Canadian authorities to put an end to the violations and punish those responsible without any possible delay.”

Kanuha said, “This is not a conflict between culture and science, but rather on procedures that have not complied with international law and the law of occupation. If Hawai‘i is legally a part of the United States then there are no war crimes, but if Hawai‘i is not then we are forced to deal with the ramifications of this new reality and war crimes that have been committed on Mauna a Wakea. This has been a learning process for me and for many others as well. I never thought stopping the building of the thirty-meter telescope would be at the international level.”

CONTACT: Dexter Ka‘iama, Esquire
Phone: (808) 284-5675
Email: cdexk@hotmail.com

In its Sunday edition (April 19, 2015) on page 12, Neue Zürcher Zeitung (NZZ) a Swiss German language daily newspaper published in Zurich, broke the story of war crimes committed by the United States in Hawai‘i. NZZ has a reputation as a quality newspaper and as the Swiss newspaper of record, the newspaper is known for its detailed reports on international affairs, stock exchange, and the intellectual, in-depth style of its articles. Here is the English translation of the article.

Click here to download the article in NZZ Sunday newspaper.

The authorities of the Federal Judiciary are confronted with a strange case, which has the potential of straining the relations between Switzerland and the USA. What is to be clarified is nothing less than the question of whether in the view of the [Swiss] Confederation Hawaii is recognized in accordance with international law as the 50^th Federal State of the USA, or whether the Kingdom of Hawaii rather still exists – albeit since 1898 under occupation. Furthermore, it is to be determined whether the USA committed war crimes in Hawaii, including against Swiss residing there – and this possibly even with the assistance of the Swiss Joe Ackermann. It is indeed a delicate dossier, which since April 9 has been with the Federal Criminal Court in Bellinzona.

Coup against Lili‘uokalani

Specifically, the case is about the criminal complaints by a Swiss and a “Hawaiian Subject,” as the latter identifies himself in the documents. In petitions to the Office of the Swiss Federal Attorney General dating from January, these two accuse the US authorities of war crimes, including pillaging, unfair trials and unlawful detention. These are said to have taken place in the context of financial disputes in Hawaii – disputes which, however, are directly related to the question of Hawaii’s status in international law: Both plaintiffs hold the view that the Kingdom of Hawaii still exists, and that in consequence, the US authorities have no rights whatsoever in the archipelago. The Swiss, who by virtue of his nationality considers the Office of the Federal Attorney General to have jurisdiction in this case, is bringing action for unlawful appropriation of property as well as pillaging in form of taxation by the US tax authorities. The Hawaiian subject, on the other hand, sees himself as being cheated when purchasing a real property: The transaction at first followed US-American law and was notarized accordingly. But then the subject came to the conclusion that the USA was not authorized to do such official acts on the territory of the occupied Kingdom of Hawaii – in consequence he discontinued his interest payments to the lending bank.

Joe AckermannAs former CEO of Deutsche Bank, the Swiss business leader was targeted by Hawaiian subjects

The bank in question was Deutsche Bank, which ordered the mortgaged property to be foreclosed, by US authorities of course. In this context the subject was temporarily arrested. At that time, Joe Ackermann was heading Deutsche Bank – a sufficient reason for the Hawaiian to make a criminal complaint against the Swiss banker to the Office of the Federal Attorney General in Berne. So much on the specific cases.

The matter might be dismissed as a legal frivolity by two odd characters, were it not for a larger movement standing behind it, a movement which has seriously been addressing the question of the continuity of the Kingdom of Hawaii for years. The prime mover is Keanu Sai, “a political scientist whose research and expertise centers on the continuity of the Hawaiian Kingdom as an independent and sovereign State,” as he states.

At the center of the debate are historical events: In 1893, the last Queen of Hawaii, Lili‘uokalani, was deposed in a coup d’état and in 1895 forced to abdicate (see box). Goal of the coup leaders – protected by US troops – was the annexation of Hawaii by the USA. The latter happened, effectively, in 1898, in connection with the Spanish-American war, when Hawaii gained strategic importance in the Pacific. The USA employed as a basis for the occupation a so-called “joint resolution,” a legal act jointly passed in the Senate and the Congress [sic] in Washington. The admittance to the United States as the 50^th State happened only in 1959, after a plebiscite with a clear-cut result – by then, of course, the culture of the Hawaiian people had already been pushed back strongly by American and Asian immigrants.

For Sai and his colleagues, the unilateral American decisions are all null and void. A “joint resolution” of the legislature in Washington, such as the one of 1898, could be legally effective according to constitutional law only within the USA and could not be extended to another territory, such as the Kingdom of Hawaii. The Federal State of Hawaii of today, therefore, is seen as a direct successor to the Republic of Hawaii that was proclaimed by the coup leaders in the 1890s. Thus, it would have no legitimacy whatsoever under international law. Sai has placed his struggle for the Kingdom of Hawaii into courtrooms all over the world, including in Switzerland. Here he is now representing the two plaintiffs. His argument includes a friendship treaty between the [Swiss] Confederation and the Kingdom of Hawaii from 1864: The Treaty is said to have been never officially cancelled or replaced with another convention. The treaty obliges both parties to protect each other’s citizens – thus, it is argued, the Office of the Federal Attorney General must now prosecute the alleged war crimes of the USA in Hawaii.

Diplomatic Help

In Berne, sure enough, the situation is assessed differently: Pointing to the factual recognition of the USA in its present boundaries by the [Swiss] Federal Government, the prosecutor in charge decided not to accept the complaint. Berne, he argued, has no jurisdiction in the case. He included reference to the fact that Switzerland maintains a consulate in Hawaii – which is not without irony since, of all things, it is a long-serving diplomat who today is acting as a door-opener for Sai in Switzerland.

The dismissive decision of the Federal Attorney General’s Office was indeed unable to stop the Hawaiian independence fighter Sai: The latter appealed the decision – now the case is up to the judges in Bellinzona.

On April 17, 2015 the following cease and desist letter was sent by Dexter Kaiama, legal counsel for Chase Kaho‘okahi Kanuha and Lanakila Mangauil, to Douglas Ing from the law firm Watanabe and Ing who is the legal counsel for TMT International Observatory, LLC. Kanuha and Mangauil are the leaders of the protectors of Mauna Kea.

The cease and desist letter was also sent to the Canadian Department of Justice, who investigates war crimes, the Prosecutor the International Criminal Court, the Board of Regent of the University of Hawai‘i, the State of Hawai‘i Board of Land and Natural Resources, the Trustees of the Office of Hawaiian Affairs, County of Hawai‘i Police Department.

******

TMT International Observatory, LLC,
by its attorney James Douglas Ing
First Hawaiian Center
999 Bishop Street, 23rd Floor
Honolulu, HI 96813

Re: WAR CRIMES CEASE & DESIST NOTIFICATION- Construction of 30-Meter Telescope on Mauna Kea

Dear Mr. Ing:

This law office represents Chase Kaho‘okahi Kanuha and Lanakila Mangauil, both being Hawaiian subjects of the Hawaiian Kingdom with vested undivided rights in the lands as native tenants under Hawaiian law.

Your client, TMT International Observatory, LLC, is hereby directed to immediately cease and desist in the construction of a 30-meter telescope on the summit of Mauna Kea that is situated within the ahupua‘a of Ka‘ohe, district of Hamakua, Island of Hawai‘i, Hawaiian Kingdom. The ahupua‘a of Ka‘ohe is public land under the administration of the Minister of the Interior of the Hawaiian Kingdom under An Act Relating to the Lands of His Majesty the King and of the Government (1848). The Hawaiian Kingdom has been under an illegal and prolonged occupation by the United States of America since August 12, 1898 during the Spanish-American War.

Under international law, extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly is a war crime. The construction of permanent fixtures on public property that belongs to the Hawaiian Kingdom government is extensive destruction of that property.

On behalf of my clients, be advised that the construction of the 30-meter telescope is a war crime in violation of:

• Article 56, Hague Convention, IV (1907), “All seizure of, destruction or willful damage done to institutions [dedicated to religion, charity and education, the arts and sciences, even when State property], historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings;”

• Article 53, Geneva Convention, IV (1949), “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations;” and

• Article 147, Geneva Convention, IV (1949), “Grave breaches… shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: …extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.”

The United States military’s omission of preventing the destruction of the public property of the Hawaiian Kingdom is also a war crime in violation of:

• Article 55, Hague Convention, IV (1907), “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the [occupied] State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.”

The Final Declaration adopted by the International Conference for the Protection of War Victims in 1993 urged all States to make every effort to, “Reaffirm and ensure respect for the rules of international humanitarian law applicable during armed conflicts protecting…the natural environment…against wanton destruction causing serious environmental damage.” In its advisory opinion in the Nuclear Weapons case in 1996, the International Court of Justice stated, “States must take environmental considerations into account when assessing what is necessary and proportionate… Respect for the environment is one of the elements that go to assessing whether an action is in conformity with the principle of necessity.”

War crimes of destruction of real property on the summit of Mauna Kea belonging to the occupied State have been committed since the State of Hawai‘i leased 13,321.054 acres of the summit of Mauna Kea to the University of Hawai‘i in 1968. Thirteen telescopes have been constructed as permanent fixtures since 1970, and your client will make it fourteen. TMT International Observatory, LLC, has already committed the war crime of destruction of property when it began the construction of the 30-meter telescope by breaking ground, and has committed secondary war crimes of unlawful confinement (Article 147, Geneva Convention, IV) when 31 individuals who were preventing TMT International Observatory, LLC, from committing additional destruction.

The Hawaiian Islands was never an incorporated territory of the United States and is currently under an illegal and prolonged occupation. The Hawaiian Kingdom was recognized as an independent and sovereign State since November 28, 1843 by joint proclamation of Great Britain and France. As a result of the United States’ recognition of Hawaiian independence, the Hawaiian Kingdom entered into a Treaty of Friendship, Commerce and Navigation, Dec. 20^th 1849 (9 U.S. Stat. 977); Treaty of Commercial Reciprocity, Jan. 13^th 1875 (19 U.S. Stat. 625); Postal Convention Concerning Money Orders, Sep. 11^th 1883 (23 U.S. Stat. 736); and a Supplementary Convention to the 1875 Treaty of Commercial Reciprocity, Dec. 6^th 1884 (25 U.S. Stat. 1399).

The Hawaiian Kingdom also entered into treaties with Austria-Hungary, June 18, 1875; Belgium, Oct. 4, 1862; Bremen, March 27, 1854; Denmark, Oct. 19^th 1846; France, July 17, 1839, March 26, 1846, Sep. 8, 1858; French Tahiti, Nov. 24, 1853; Germany, March 25, 1879; Great Britain, Nov. 13, 1836 and March 26, 1846; Great Britain’s New South Wales, March 10, 1874; Hamburg, Jan. 8, 1848; Italy, July 22, 1863; Japan, Aug. 19, 1871, Jan. 28, 1886; Netherlands, Oct. 16, 1862; Luxembourg, Oct. 16, 1862; Portugal, May 5, 1882; Russia, June 19, 1869; Samoa, March 20, 1887; Spain, Oct. 9, 1863; Sweden-Norway, April 5, 1855; and Switzerland, July 20, 1864.

Unable to procure a treaty of cession from the Hawaiian Kingdom government acquiring the Hawaiian Islands as required by international law, Congress enacted a Joint Resolution To provide for annexing the Hawaiian Islands to the United States, which was signed into law by President McKinley on July 7, 1898 during the Spanish-American War (30 U.S. Stat. 750) as a war measure. Congressional laws have no extraterritorial effect and are confined to United States territory.

The Hawaiian Kingdom came under military occupation on August 12, 1898 at the height of the Spanish-American War in order to reinforce and supply troops that have been occupying the Spanish colonies of Guam and the Philippines since May 1, 1898. Following the close of the Spanish-American War by the Treaty of Paris signed December 10, 1898 (30 U.S. Stat. 1754), U.S. troops remained in the Hawaiian Islands and continued its occupation to date in violation of international law.

U.S. War Department General Orders no. 101 (July 18, 1898) regulated U.S. troops when it began the occupation of the Hawaiian Islands on August 12, 1898. General Orders no. 101 mandated the Commander of U.S. troops to administer the laws of the occupied territory, being the civil and penal laws of the Hawaiian Kingdom. This order was not complied with. Administration of the laws of the occupied State was codified by Article 43, 1899 Hague Convention, II (32 U.S. Stat. 1803), and then superseded by Article 43, 1907 Hague Convention, IV (36 U.S. Stat. 2227). On August 12, 1949, the United States signed and ratified the (IV) Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 (6 U.S.T. 3516, T.I.A.S No. 3365, 75 U.N.T.S. 287).

In direct violation of the 1899 Hague Convention, II, President McKinley signed into United States law An Act To provide a government for the Territory of Hawai‘i on April 30, 1900 (31 U.S. Stat. 141); and on March 18, 1959, President Eisenhower signed into United States law An Act To provide for the admission of the State of Hawai‘i into the Union (73 U.S. Stat. 4) in direct violation of the 1907 Hague Convention, IV. These domestic laws have no extraterritorial effect and stand in direct violation of the 1907 Hague Convention, IV, the 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War, IV, international humanitarian law, and customary international law—jus cogens.

In an evidentiary ruling in State of Hawai‘i v. English (CR 14-1-0820) on March 5, 2015, where I served as defense counsel, the State of Hawai‘i Circuit Court took judicial notice of adjudicative facts that concluded the Hawaiian Kingdom continues to exist as a State under international law, despite the illegal overthrow of its government by the United States of America on January 17, 1893 and the prolonged occupation since August 12, 1898. This ruling reaffirms the illegitimacy of the State of Hawai‘i and therefore its claim to be a de jure government is unfounded. State of Hawai‘i officials are also named in a pending criminal investigation for war crimes that is currently before the Swiss Federal Criminal Court Appeals Chamber under Gumapac, et al., vs. Office of the Federal Attorney General, reference no. BB.2015.36-37. A Hawaiian subject filed the first war crime complaint with the Swiss Attorney General on December 22, 2015 [2014],  and a Swiss citizen filed the second complaint on January 21, 2015. Both complaints allege State of Hawai‘i officials committed war crimes of unfair trial, pillaging, and unlawful appropriation of property.

Being a self-declared entity, the State of Hawai‘i was never lawfully vested with the freehold in fee-simple to the ahupua‘a of Ka‘ohe, and therefore its so-called general lease no. S-4191 to the University of Hawai‘i dated June 21, 1968 is null and void. Consequently, all 10 subleases from the University of Hawai‘i that extend to December 31, 2033 are null and void as well, to wit:

• National Aeronautics and Space Administration dated November 29, 1974;
• Canada-France-Hawai‘i Telescope Corporation dated December 18, 1975;
• Science Research Council dated January 21, 1976;
• California Institute of Technology dated December 20, 1983;
• Science and Engineering Research Council dated February 10, 1984;
• California Institute of Technology dated December 30, 1985;
• Associated Universities, Inc., dated September 28, 1990;
• National Astronomical Observatory of Japan dated June 5, 1992;
• National Science Foundation dated September 26, 1994; and
• Smithsonian Institution dated September 28, 1995.

Therefore, the proposed University of Hawai‘i sublease to TMT International Observatory, LLC, would also be considered null and void.

The funders for the construction of the 30-meter telescope who are not the principal partners are accomplices to the principal partners’ war crime of destruction of an occupied State’s property. On April 6, 2015, Canadian Prime Minister Stephen Harper announced the Canadian government’s intent to provide nearly $250 million dollars over the next decade to assist in the destruction. The Canadian government’s involvement would be a war crime as defined under Article 6(3) of Canada’s Crimes Against Humanity and War Crimes Act (2000), which is similar to Switzerland’s legislation implementing the International Criminal Court Rome Statute into the Swiss Criminal Code in 2010. I will be providing a copy of this cease and desist to the Canadian Department of Justice, Crimes Against Humanity and War Crimes Section.

Thank you for your anticipated cooperation.

Very truly yours,
DEXTER K. KA‘IAMA
Attorney-at-law

Encl. (hotlinks to e-documents)

cc:

Canadian Department of Justice
Prosecutor, International Criminal Court
Board of Regents, University of Hawai‘i, State of Hawai‘i
Board of Land and Natural Resources, State of Hawai‘i
Trustees, Office of Hawaiian Affairs, State of Hawai‘i
Police Department, Hawai‘i County, State of Hawai‘i

Enclosures

(Hotlinks to e-documents)

• An Act Relating to the Lands of His Majesty the King and of the Government (1848)
• War Department General Orders no. 101
• Transcript of evidentiary hearing on March 5, 2015, State of Hawai‘i v. English (CR 14-1-0820)
• Brief by Dr. David Keanu Sai, “The Continuity of the Hawaiian Kingdom and the Legitimacy of the acting Government of the Hawaiian Kingdom (2013),” that was judicially noticed on March 5, 2015 in State of Hawai‘i v. English (CR 14-1-0820)
• War Crime Complaint filed with Swiss Attorney General on December 22, 2015 (December 7, 2015)— http://hawaiiankingdom.org/pdf/Swiss_AG_War_Crimes_Report.pdf
• Second War Crime Complaint filed with Swiss Attorney General (January 21, 2015)
• Amendment to first War Crime Complaint (January 22, 2015)
• State of Hawai‘i General Lease no. S-4191 (June 21, 1968)
• State of Hawai‘i Board of Land and Natural Resources approval of University of Hawai‘i sublease to TMT International Observatory, LLC (June 13, 2014)

Mauna Kea, Kaʻohe, Hāmākua, Hawaiʻi
For Immediate Release
April 7, 2015

TMT SHUTDOWN

Protectors of Mauna Kea update the status of their encampment on the mountain

The protectors of Maunakea continue to camp out across the Maunakea Visitors Center at approximately 9,200 feet elevation night in and night out and will soon reach the two week mark of their encampment.  Although over 30 arrests were made on Thursday,  April 2 by the Hawaii County Police Department and the DOCARE officers of the DLNR, the protectors atop the mountain of Wākea, continue their stance against the construction of the Thirty Meter Telescope and continue to build momentum and gain support.  One reason for the building of momentum and support, they say, is what they are calling the Kapu Aloha.  “Abiding by this is what has fueled and protected us in this movement,” says Lanakila Mangauil.  Mangauil says the Kapu Aloha is about conducting oneself with respect towards others, under any and all circumstances.  Over the weekend, hundreds of supporters ascended the mountain to join in the protection efforts, with many flying in from Maui, Molokaʻi, Oʻahu and Kauaʻi.  Although no construction has taken place since the day arrests were made, the protectors have kept a constant presence and plan to continue to do so while attempting to garner more support.

Protectors of the mountain have many reasons why they oppose the proposed construction of the TMT, one being that the mountain is considered sacred and perhaps the most sacred lands in all of Hawaiʻi.  The mountain is named after Wākea who mated with Papahānaumoku to birth Hawaiʻi Island.  The peak of the mountain is considered to be wao akua, or the realm of the gods, as it is the dwelling place of gods and goddesses such as Poliahu, Waiau, Lilinoe, Lihau, Kukahauula, Kahoupokane and Mooinanea.  Another reason for the opposition to the TMT is the fact that protectors feel that the TMT does not adhere to the developmental laws of conservation lands as determined by the State of Hawaiʻi and the mountain also contains many religious shrines as well as burial sites and sits on top of the largest aquifer on the island of Hawaiʻi and therefore they consider it to be desecration.  Lastly, the protectors realize and understand that even if the TMT was in compliance with the laws of developing on conservation lands, the State of Hawaiʻi is illegal and the Hawaiian Kingdom was never lawfully annexed by the United States of America and therefore continues to exits today according to International Law.  This stems from the fact that Americaʻs only claim to annexing Hawaiʻi is by Joint Resolution on July 7, 1898, which is really just a domestic law having no authority outside the boundaries of its territory, and Hawaiʻi clearly was not a part of the U.S in 1898 since it required annexation.  Because the State of Hawaiʻi is illegal, the protectors argue that every extension and branch of the State is therefore also illegal and due to this, all contracts between the contractors and the State of Hawaiʻi are void and illegal.  Protectors of the mountain call upon all countries involved to honor the continued independence of Hawaiʻi that America has refused to acknowledge for the last 122 years while illegally occupying Hawaiʻi in violation of the laws of occupation.

The protectors of the mountain know that there are many out there who have and continue to offer their support through donations of food, water, money and other necessities, and while appreciated, those atop the mountain humbly and respectfully ask that any attempts of raising funds and collecting and delivering donations be communicated first with the protectors  so as not to mismanage resources and cause confusion amongst the people in regards to what  certain funds and donations could be used for.  Kahoʻokahi Kanuha, one of the protectors and one who was arrested in the first group last Thursday, says “We canʻt thank everyone enough.  The amount of support we have received over the past week is absolutely unbelievable and simply amazing.  I am not quite sure our people have seen a movement like this in their lifetime and I think itʻs a testament to the fact that our people have been ignited and are ready to move forward and solidify ourselves once again throughout the world as a people and a country.”

###

For more information, contact:
1-808-494-0626 or 1-808-936-4249
tmtshutdown@gmail.com
Twitter: @tmtshutdown
#TMTshudown on Facebook, Instagram & Twitter
http://www.gofundme.com/maunakeaohana

Talk story with Dr. David Keanu Sai and attorney Dexter Kaiama in Hilo concerning the international ramifications of the proposed Thirty Meter Telescope on Mauna Kea, and the growing awareness of the continued existence of the occupied Hawaiian Kingdom.

by David Corrigan

HILO – Inspired by the kapu aloha on display during the blockade of the Thirty Meter Telescope, Hawaii residents are flocking to Mauna Kea. Last Thursday, 31 people were arrested in connection with the blockade of the $1.4 billion observatory. However, the incident only strengthened the support for the protectors of the sacred mountain. On Monday, two figures active on the international front lines of the Hawaiian Kingdom joined the gathering.

Big Island Video News interviewed Dr. David Keanu Sai and attorney Dexter Kaiama about the latest developments on Mauna Kea and the international response.

Kale Gumapac and Nanci Munroe are interviewed by Dr. Lynette Cruz regarding the pillaging of his home and the commission of war crimes. Kale speaks to the issues first hand and shares his journey of knowledge and awareness of the history of his country to a victim of war crimes. Kale’s case was reported by his attorney Dexter Kaiama to the United States Pacific Command, the International Criminal Court, the Hawai‘i Police Department, and the Swiss Attorney General for prosecution.

https://vimeo.com/119603754

On December 12, 2005, Kale and his former wife took out a loan with Argent Mortgage Company, LLC, in the amount of $290,000.00. As security for the loan, the Gumapacs mortgaged their home property, which was recorded in the Bureau of Conveyances. The Gumapacs, as the mortgagor, assumed their title was free and clear as did Argent Mortgage Company, LLC, being the mortgagee of the title since it cleared escrow. As the mortgagee, Argent Mortgage Company, LLC, did not have title to the property, but only a lien. Title being vested in the Gumapacs as the mortgagor.

When the Gumapacs mortgaged their property in order to secure the repayment of the loan, they were required by Argent Mortgage Company, LLC, as a condition of the loan, to go to escrow, being Security Title Guaranty Corporation, to purchase a loan title insurance policy in the amount of $290,000.00 for the benefit of Argent Mortgage Company, LLC, should there be a defect in title, which would render the mortgage invalid. Many people confuse the terms mortgage and a promissory note, which is a loan, as if they are synonymous. In fact, a mortgage is a security instrument or collateral that secures the the promissory note, it is not a loan. So if a mortgage is invalid due to a defect in title, it does not release the borrower from the debt owed to the bank, which is, however, covered by the lender’s insurance policy the borrower purchased.

According to the loan policy the Gumapacs purchased at escrow on December 19, 2005, they paid a premium $1,050.00 for the policy with Argent Mortgage Company, LLC, as the named insured. The Gumapacs previously paid a premium of $660.00 for an owner’s title insurance policy for their protection against title defects on February 24, 2003 for a coverage of $178,000.00 from Title Guaranty Company. Deutsche Bank purchased the Gumapac’s mortgage and loan, which was included with other mortgages and loans in a mortgage-backed security. Along with the mortgage and loan, Deutsche Bank replaced Argent Mortgage Company, LLC, as the beneficiary of the loan title insurance policy.

According to Black’s Law Dictionary, 6^th ed., title insurance is a “policy issued by a title company after searching the title, representing the state of that title and insuring the accuracy of its search against claims of title defects.” It is an indemnity contract that does not guarantee the state of the title but covers loss incurred from a defect in land titles that would arise from an inaccurate title report.

Below is a copy of the lender’s policy they purchased at escrow from Stewart Title Guaranty Company, being a Texas corporation. Both lender’s and owner’s title insurance policies provide the same coverage of risks to the title.

On January 21, 2011, Kale’s company Laulima Title Search and Claims, LLC, (LTSC) investigated the status of his fee-simple title that was acquired from the Linda Vivian Little and Alice Evelyn Little on April 17, 2002, and recorded in the Bureau of Conveyances. Kale is the owner of LTSC, which provides claims packages to be filed with title insurance companies under a lender’s and owner’s policy.

LTSC’s investigation identified defects in Kale’s fee-simple title that should have been disclosed in the title report done by Security Title Corporation, which they paid $468.75 at escrow and reflected in section 1100—Title Charges of the HUD Final Settlement Statement. The title report was the basis of the lender’s title insurance policy the Gumapacs purchased. Security Title Corporation and Title Guaranty Company, Inc., are fully aware that all land titles in the Hawaiian Islands originate in the year 1845 through Land Commission Awards and Royal Patents. It was also in 1845 that the Hawaiian legislature established notaries public and the Bureau of Conveyances. LTSC’s processor’s report was based on an expert memorandum Dr. Keanu Sai authored as a consultant to LTSC. The report summarized the defect by stating:

“This claim involves a defect of title by virtue of an executive agreement entered into between President Grover Cleveland of the United States and Queen Lili‘uokalani of the Hawaiian Kingdom, whereby the President and his successors in office were and continue to be bound to faithfully execute Hawaiian Kingdom law by assignment of the Queen under threat of war on January 17^th 1893. The notaries public in the Hawaiian Islands and the registrar of the Bureau of Conveyances were not lawful since January 17^th 1893, and therefore title to the estate in fee-simple described as Lot 2787, area 1.00 acre, more or less, Block 7, as shown on Map 58 filed in the Office of the Assistant Registrar of the Land Court of the State of Hawai`i with Land Court Application no. 1053 (amended) of W.H. Shipman, Limited, under document no. 2895104 & certificate no. 505052, filed with the Registrar of the Bureau of Conveyances on February 24^th 2003, is vested other than Kale Kepekaio Gumapac and Dianne Dee Gumapac, now divorced, because the aforementioned deed of conveyance was not lawfully executed in compliance with Hawaiian Kingdom law.”

According to a United States presidential investigation into the illegal overthrow of the Hawaiian government, President Cleveland concluded in his message to Congress on December 18, 1893, that the so-called provisional government “was neither a government de facto nor de jure,” but self-declared (see page 453, Exhibit A of the memorandum). Additionally, the United States Congress in its 1993 joint resolution of apology for the illegal overthrow (Public Law 103-150) admitted that the provisional government’s successor was also self-declared. The resolution stated “Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States.” This preamble in the apology resolution is problematic because it conflates two problems—the first is that Congress by legislation has no effect beyond the borders of the United States, and, second, the so-called Republic was self-declared and therefore not a government, since by definition self-declared is defined as proclaimed or announced by oneself.

Since all titles in the Hawaiian Islands originated in 1845, the defective notaries and registrars of the Bureau of Conveyances after January 17, 1893, which were members of the self-declared provisional government and the Republic of Hawai‘i, are covered risks under section 2(a)(iii) and 2(a)(vi) of the lender’s title insurance the Gumapacs purchased to protect the lender. By letter to Deutsche Bank dated November 22, 2011, Kale demanded Deutsche Bank to file a loss of title claim with Stewart Title Insurance Company under the lender’s title insurance policy he purchased to protect the bank should their be a defect in title and consequently an invalid mortgage. Because Deutsche Bank was the beneficiary of the title insurance policy purchased by the Gumapacs, Deutsche Bank is supposed to file the insurance claim and not the Gumapacs.

Section 3 of the lender’s title insurance policy stated: “The Insured shall notify the Company promptly in writing…in case Knowledge shall come to an insured of any claim of title or interest that is adverse to the Title or the lien of the insured Mortgage, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy… If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company’s liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.”

Deutsche Bank who was represented by attorneys Charles Prather, Sofia Hirosone and Michael G.K. Wong of the law firm RCO Hawai‘i, LLLC, refused to file the claim and continued to proceed against Kale. These proceedings in the Third Circuit Court i in the city of Hilo, Island of Hawai‘i, constituted the war crime of denying Kale a fair trial as well as pillaging his home.

What many people may not know is that a title insurance policy does not insure the validity of the title, but only the accuracy of the title search that the title insurance underwrites. Only the grantor of the title, who in the case of the Gumapacs is Linda Vivian Little and Alice Evelyn Little, ensures that the title is valid under a warranty, not Deutsche Bank as the mortgagee or Stewart Title Guaranty Corporation who issued the policy. Again, the definition of title insurance, it is a “policy issued by a title company after searching the title, representing the state of that title and insuring the accuracy of its search against claims of title defects.”

The foreclosure process is a collection of a debt, and Kale has been consistent with his obligations in the repayment of that debt to Deutsche Bank. It is Deutsche Bank that did not comply with the contractual obligations. If Deutsche Bank filed an insurance claim, and the insurance company in their response provided clear evidence that the provisional government and the Republic of Hawai‘i were not self-declared, but lawful governments of Hawai‘i, then Deutsche Bank would be legally authorized, by virtue of the mortgage agreement, to carry out the eviction as a means by which a debt is being collected.

There was no lawful basis for Deutsche Bank to carry out the foreclosure and eviction if they were given due notice of the defect in the mortgagor’s title by Kale as the mortgagor, himself. As a mortgagee, Deutsche Bank can claim no better interest in the property than Kale, which is precisely why a lender’s title insurance policy was made a condition of the loan in the first place. What is for sure is that war crimes were committed against an innocent person by the following individuals who were reported to the U.S. Pacific Command, the International Criminal Court, the Hawai‘i Police Department, and the Swiss Attorney General:

1. Judge Greg K. Nakamura, Circuit Court of the Third Circuit, State of Hawai‘i, whose address is Hale Kaulike, 777 Kilauea Avenue, Hilo, HI 96720-4212;
2. Jürgen Fitschen, Co-Chief Executive Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
3. Anshu Jain, Co-Chief Executive Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
4. Stefan Krause, Chief Financial Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
5. Stephan Leithner, Chief Executive Officer Europe (except Germany and UK), Human Resources, Legal & Compliance, Government and Regulatory Affairs, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
6. Stuart Lewis, Chief Risk Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
7. Rainer Neske, Head of Private and Business Clients, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
8. Henry Ritchotte, Chief Operating Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany;
9. Charles R. Prather, attorney for Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, belonging to the law firm RCO Hawaii, LLLC, whose address is 900 Fort Street Mall, Suite 800, Honolulu, HI 96813;
10. Sofia M. Hirosone, attorney for Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, belonging to the law firm RCO Hawaii, LLLC, whose address is 900 Fort Street Mall, Suite 800, Honolulu, HI 96813;
11. Michael G.K. Wong, attorney for Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, belonging to the law firm RCO Hawaii, LLLC, whose address is 900 Fort Street Mall, Suite 800, Honolulu, HI 96813;
12. Lieutenant Patrick Kawai, State of Hawai‘i Department of Public Safety Sheriff’s Department, to include his superiors and deputies, whose address is Hale Kaulike, 777 Kilauea Avenue, Hilo, HI 96720-4212;
13. Police Chief Harry S. Kubojiri, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720;
14. Detective Brian D. Prudencio, Office of Professional Standards, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720;
15. Captain Samuel Kawamoto, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720; and
16. Detective Derek Morimoto, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720.

Everyone who claims to own property in the Hawaiian Islands all have a defective title and consequently mortgages that are invalid. But everyone also purchased title insurance at escrow to protect the bank in case of a defective title, which pays off the debt the borrowers owe. The irony of this whole situation is that the above named perpetrators of war crimes assuredly have the same insurance policies Kale has if they currently have a mortgaged loan. These individuals have quickly moved from victims themselves to alleged war criminals who mistakenly thought that Kale was a sovereignty activist. Everyone should begin to read their escrow papers and they will find the very same documents that were at the center of the war crimes.