FOR IMMEDIATE RELEASE

Press Conference at William S. Richardson School of Law, University of Hawai‘i at Manoa, Monday, September 22, 2014, at 2:00 pm

University of Hawai‘i’s senior law professor notifies U.S. Attorney General, Eric Holder, Jr., of war crimes committed in the Hawaiian Islands

HONOLULU (September 19, 2014) – Senior law professor Williamson B.C. Chang has reported to U.S. Attorney General Eric Holder, Jr. that war crimes have and continue to be committed in the Hawaiian Islands. Professor Chang is a faculty member of the University of Hawai‘i William S. Richardson School of Law and has been with the law school for the past thirty-eight years.

The Office of Hawaiian Affairs’ (OHA) top executive, CEO Kamanaopono Crabbe, contracted political scientist, Dr. Keanu Sai, to draft a memorandum on the legal status of Hawai‘i under international law. Based on information Sai disclosed in what has become known as the OHA Memo, CEO Crabbe authored a letter to Secretary of State, John Kerry. Crabbe sought legal clarification on the status of Hawai‘i from Secretary Kerry primarily because Sai concluded that OHA is in possession of monies acquired from the “State of Hawai‘i’s” general fund through pillaging.

Pillaging is prohibited under article 33 of the 1949 Geneva Convention, IV, being a war crime under U.S. federal criminal law as well as a felony. According to 18 U.S.C. §2441 “Whoever, whether inside or outside the United States, commits a war crime…shall be fined under the this title or imprisoned for life or any number of years, or both, and if death results to the victim, shall also be subject to the penalty of death.”

The International Criminal Tribunal for the former Yugoslavia has defined pillaging, which is the same as plunder, as “the fraudulent appropriation of public and private funds belonging to…the opposing party.” According to the OHA Memo, the State of Hawai‘i is not a legitimate government under international law and as a self-declared entity it has no authority to collect taxes from individuals throughout the Hawaiian Islands. This fraudulent collection of monies is a form of pillaging from public property that belongs to the Hawaiian Kingdom, not the United States.

In the letter addressed to Attorney General Holder, Professor Chang described his reporting of war crimes as being obligated under Federal criminal law and if he did not report the war crimes he could be fined or imprisoned for three years. “Pursuant to 18 U.S.C. §4—Misprision of felony, I am legally obligated to report to you the knowledge I have about multiple felonies that prima facie have been and continue to be committed here in the Hawaiian Islands,” Chang said. “I have been made aware of these felonies through the memorandum by political scientist David Keanu Sai, Ph.D., who was contracted by the State of Hawai‘i Office of Hawaiian Affairs, entitled Memorandum for Ka Pouhana, CEO of the Office of Hawaiian Affairs regarding Hawai‘i as an Independent State and the Impacts it has on the Office of Hawaiian Affairs.”

Chang explained the action taken was not only prompted by a legal obligation, but also because he’s a State of Hawai‘i employee. “I and other State officials and employees receive State monies that have been implicated as being gained through the commission of felonies, namely the war crime of pillaging, and we could also face prosecution under 18 U.S.C. §3—Accessory after the fact,” Chang said. “I am deeply concerned about this matter that affects all State of Hawai‘i officials and employees, including myself personally.”

Due to the urgency of the matter Chang’s letter asks for a response from the Department of Justice within two weeks. If the Department of Justice’s “response in two weeks is able to refute the evidence provided for in the Memo, then assuredly the felonies—war crimes—have not been committed,” Chang said. The letter goes on to say, “But if your office is not able to refute the evidence, then this is a matter for the U.S. Pacific Command, being the occupying power, and all State of Hawai‘i officials and employees, as well as I, are compelled to comply with Hawaiian Kingdom law and the law of occupation.”

Chang’s letter was also carbon copied to the Commander of the U.S. Pacific Command headquartered at Camp Smith, Island of O‘ahu, and to the Prosecutor of the International Criminal Court in The Hague, Netherlands.

The press conference will be located in front of the Administration building across from the Law Library. Parking is provided in the parking structure behind the law school at $5.00.

Joining Professor Chang at Monday’s press conference will be some of the 17 State of Hawaii employees from the University of Hawaii, the Department of Human Services, the Department of Public Safety, the Maui Fire Department, and the Department of Hawaiian Homelands, who endorsed the letter. Dr. Sai will also be at the press conference.

Click here to download Professor Chang’s letter.
Click here to download the OHA Memo.

In today’s Honolulu Star-Advertiser newspaper, reporter Rob Perez centers his story on a 44-page memorandum authored by Dr. David Keanu Sai, political scientist, under contract by the CEO of the Office of Hawaiian Affairs (OHA), Dr. Kamana‘opono Crabbe. Perez reports, “The state Office of Hawaiian Affairs administrator paid a controversial political scientist $25,000 to write a memo that calls into question the validity of OHA’s nation-building effort, even raising the question of whether the office’s trustees are committing war crimes by pursuing it.”

The article draws attention to the memo, but it may give the impression that Dr. Crabbe was not authorized to contract the services of Dr. Sai without OHA Trustees approval as stated by Trustee Peter Apo. Perez, however, correctly stated, if you keep reading, “Crabbe, OHA’s chief executive since January 2012, has the authority to spend up to $25,000 without getting prior board approval.” Perez reported: “It was part of a follow-up due diligence effort so I could protect trustees and OHA leadership of any risks that might be incurred,” Crabbe wrote. “I also provided Dr. Sai’s memo to trustees so they could use it in their deliberations. I believe we should consider all points of view, even controversial ones, to fully understand this complex issue.”

Dr. Crabbe was seeking to have the Trustees, after receiving a copy of the memo, to meet with Dr. Sai in a Board meeting to ask questions regarding the memo, but he was unsuccessful. Instead, you get uninformed opinions made by Chair Trustee Collette Machado and Apo attempting to paint the picture that there was some collusion going on between Dr. Crabbe and Dr. Sai. This was clearly not the case as Perez reported.

Perez also mentions another contract Dr. Sai has with OHA entered in 2009 for $70,000.00 to complete a book on land titles to be academically published by the University of Hawai‘i Press. Perez reported, “OHA recently agreed to an extension allowing him more time to work on the manuscript and has withheld a final payment of $5,000 until the book is published. Sai’s initial research led him in the 1990s to co-found Perfect Title Co., which cited Hawaiian kingdom law to contend that existing land titles in Hawaii were defective. Sai said his book will detail how the title problem can be fixed.” This book contract with OHA occurred before Dr. Crabbe was at OHA.

The article also mentions that Dr. Sai was convicted of a felony, attempted theft, but failed to explain what the subject of the theft was, therefore implying Dr. Sai was convicted of stealing money from clients of Perfect Title Company. The crime Dr. Sai was alleged to have committed was not the attempted theft of money, but rather the attempted theft of land by doing title reports and providing the remedy to the defect in title under Hawaiian law. When applying the larceny (theft) law it can only apply to personal property, which is moveable property, as opposed to real property (real estate), which is immovable. This distinction is clearly stated in the definition of larceny where the property has to be “carried away” or “attempted to carried away.”

According to the United States Department of Justice, Federal Bureau of Investigation (FBI), larceny-theft is “the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles, motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included.” A home, being real property, cannot be carried away by doing a title search. Dr. Sai and two clients of Perfect Title Company are the only individuals in the world to have been convicted of attempting to steal a home through a title report, which is not theft. If there was to be any allegation of a crime, it should have been conspiracy and/or fraud. That was not the case because the title report by Perfect Title Company was irrefutable.

As egregious as it sounds, it is not only used in an attempt to disparage the reputation of Dr. Sai, but it is also a war crime by depriving Dr. Sai a fair and regular trial, especially on a manufactured charge of a crime that doesn’t legally exist. This was the subject of a federal lawsuit Dr. Sai filed in a United States District Court in Washington, D.C., Sai v. Clinton, et. al., in 2010. The Federal judge dismissed the case stating it was a political question, which is an option U.S. judges can use to say it belongs to the executive or legislative branches of government and not the judicial branch. The complaint was not dismissed because it was a frivolous claim.

In his interview with Perez, Dr. Sai brought to his attention that $25,000.00 to do a memorandum needs to be kept in context. A prior memo contracted by OHA with an attorney that centered on strategies toward federal recognition cost $75,000.00. Dr. Sai also told Perez that Norma Wong, a consultant to Kana‘iolowalu, and close confidant and advisor to former Governor John Waihe‘e, III, Chair of the Roll Commission, was paid two increments of $250,000.00 a year for a total of $500,000.00. Chair Waihe‘e also contracted Dennis Dwyer for a total of $1.3 million dollars to be Kana‘iolowalu’s federal lobbyist in Washington, D.C. Dwyer was also contracted by the Honolulu Rail Project’s HART to be its federal lobbyist and was paid $1.43 million dollars from 2007 to 2013. Dr. Sai also told Perez that Clyde Namuo, who was also the former CEO for OHA before Dr. Crabbe, was simultaneously collecting a full-time salary as Kana‘iolowalu’s Executive Director while he was also collecting a full-time salary as director for the Polynesian Voyaging Society.

We have provided a link to Dr. Sai’s memorandum in order to provide the public with access to the information that was at the center of the story. The public can now read what the Trustees have in their possession and be informed by the diligent research of a political scientist and not a politician. In the memo, Dr. Sai did not solely focus on federal recognition, but also recommended that OHA continue its services to the Native (aboriginal) Hawaiian community, under the doctrine of necessity, so long as it does not conflict with Hawaiian Kingdom law and the international laws of occupation.

Trustees Apo and Machado would be better served by focusing on the existence or non existence of the Hawaiian Kingdom as a country under international law first and whether or not war crimes have been committed. To render Dr. Sai’s memorandum moot, the Trustees should focus on the Department of Justice, Office of Legal Counsel, to rebut the analysis and provide evidence that the Hawaiian Kingdom was extinguished under international law, which was the subject of Dr. Crabbe’s letter to Secretary of State Kerry. If the Hawaiian Kingdom does not exist under international law and Hawai‘i is the 50th State of the American Union, then the U.S. Department of Justice should have no hesitation providing the evidence in a timely manner. The problem, however, is it hasn’t, which only reinforces the presumption of continuity of the Hawaiian Kingdom.

This is a very serious issue and this subject should not be taken lightly.

Dexter Kaiama, an attorney that represents war crime victims, was told by another attorney that Judge Harry Freitas admitted to him and the Prosecutor for Hawai‘i County in a conference call that he received a warrant from the International Criminal Court (ICC) in The Hague, Netherlands, to appear before the Court. Freitas is a District Court Judge for the Third Circuit in the city of Hilo, Island of Hawai‘i.

In February 2013, Kaiama submitted the following complaint on behalf of his client with the Prosecutor of the ICC alleging Judge Harry P. Freitas committed a war crime by willfully depriving his client of a fair and regular trial prescribed by the Fourth Geneva Convention, and that Federal National Mortgage Association, and attorneys Blue Kaanehe, Charles Prather, and Peter Keegan were complicit in these proceedings and therefore committed a war crime as accessories.

On March 4, 2013, the Office of the Prosecutor’s Information and Evidence Unit acknowledged receipt of the complaint and assigned it case no. OTP-CR-63/13.

The International Criminal Court’s Pre-Trial Chamber (PTC) issues both arrest warrants and summons at the request of the Prosecutor. It is unlikely that Freitas received a “warrant,” but rather a “summons” to appear before the Court. “Warrants” are orders directed to governments for the arrest and apprehension of war crime suspects to ensure appearance before the Court, while “summons” are sent to war crime suspects themselves so they could voluntarily appear before the Court.

The PTC would issue a summons if there are reasonable grounds to believe that the person has committed the alleged crimes, and that the summons is sufficient to ensure appearance before the Court on a specific day and time. Both warrants and summons can be sealed by the Court, which makes them only accessible to persons authorized by the Court. And once it can be ensured that victims and witnesses can be adequately protected, the Prosecutor could apply to the Court to unseal the warrants or summons in an effort to garner international attention and support for the arrests or summons.

It appears that the proceedings and summons are under seal because there is no mention of it on the website of the ICC. In the ICC case The Prosecutor v. Bosco Ntaganda, an arrest warrant was under seal for two years. In other cases the warrants or summons were unsealed within a month. Freitas, however, appears to have been confident enough to disclose the matter to both the attorney and the Prosecutor for the County of Hawai‘i in a conference call because he did state to both that he may be traveling to Europe soon.

When Freitas disclosed to two officers of the State of Hawai‘i court that he received a summons from the ICC it should draw international attention because if Hawai‘i was a part of the territory of the United States the ICC would not have issued the summons in the first place. The United States has not agreed to the jurisdiction of the ICC and therefore the Court would have been precluded from sending a summons if Freitas was a judge within the territory of the United States of America. The acting Government acceded to the jurisdiction of the ICC, which provided the basis for the ICC to exercise jurisdiction over the Hawaiian Islands. Hawai‘i is not a part of the United States and has been under an illegal and prolonged occupation since 1898 in direct violation of international law and the law of occupation.

HILO, Hawaii – Illegal trespassing charges against Kale Gumapac were dropped by prosecutors last week.

In an interview conducted outside the Hilo Courthouse on Friday, Gumapac and his attorney Dexter Kaiama said they had planned to go to trial that same day before hearing word that the case was dismissed without prejudice.

Gumapac made headlines last year when his refusal to pay his mortgage on his Hawaiian Paradise Park home resulted in his forceful eviction. Gumapac said he was simply following the terms of his contract, and according to he and his lawyer Dexter Kaiama, there is an inherent defect in all land title in Hawaii thanks to the overthrow of the Hawaiian Kingdom. Big Island Video News covered the case in a five part series called “Defected: Testing Hawaiian Sovereignty” (video below)

While producing the series, Big Island Video News contacted Deutsche Bank, the trustee of the mortgage, who informed us the servicer of the mortgage (the entity in charge of the foreclosure activity and the post-maintenance, sale and disposition of the property) was another company called Ocwen Loan Servicing. The very same day we gleaned that information, Big Island Video News also received – apparently by coincidence – a media release from the Office of Hawaii’s Attorney General detailing a $2.1 billion joint state-federal settlement with Ocwen for servicing misconduct.

Gumapac says he was able to submit a claim and received a cash payment under the settlement. Gumapac was prepared to present the payment as evidence in his trial.

Gumapac and Kaiama were also prepared to call Dr. Keanu Sai and Professor Williamson Chang as expert witnesses. The work of both men was recently cited in a highly publicized letter to Secretary of State John Kerry written by Office of Hawaiian Affairs CEO Kamana’opono Crabbe (later rescinded by the OHA Board of Trustees) asking for clarification – among other things – on the continued existence of the Hawaiian Kingdom.