KHON 2 News – State of Hawai‘i to Receive Millions in Lease Rent of 30-Meter Telescope
7
International Law “Forbids” Construction of the 30-meter Telescope
The position taken by Mauna Kea protectors that the building of the 30-meter telescope is a desecration of sacred land is firmly grounded in international law. Because the Hawaiian Kingdom has been under an illegal and prolonged occupation by the United States since the Spanish-American War in 1898, the international laws of occupation apply to Hawai‘i’s situation and not United States law.
International law prohibits a neutral country from being occupied when two or more other countries are at war with each other. In other words, the United States was prohibited from occupying the Hawaiian Kingdom, being an internationally recognized neutral country since 1854, in its war against Spain in 1898. Despite the violation of international law, the laws of occupation mandates the occupier to temporarily administer the laws of the occupied State until the occupation comes to an end.
During the Spanish-American War the laws of war and occupation of countries were considered customary international law and in 1899, The Hague Conventions codified these laws into four treaties. In 1907, The Hague Conventions were revised into fifteen treaties. The United States ratified all of the Hague Conventions. The 1907 Hague Convention, IV—Respecting the Laws and Customs of War on Land, applies to Hawai‘i’s occupation even if Hawai‘i is not a war with the United States.
Article 43 mandates the occupier “shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” In addition, Article 56 specifically protects “institutions dedicated to religion, charity and education, [and] the arts and sciences. All seizure of, destruction or willful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.” The United States military considers violations of the provisions of the Hague Convention, IV, to be war crimes. Section 499 of the U.S. Army FM 27-10 states, “The term ‘war crime’ is the technical expression for a violation of the law of war by any person or persons, military or civilian. Every violation of the law of war is a war crime.”
The Mauna Kea protectors have generated worldwide awareness, much through social media, in order to prevent the building of a 30-meter telescope on the revered mountain in the Hawaiian Kingdom called Mauna Kea. Some are calling this the “Hawaiian Spring” that has similar traits to the “Arab Spring” where the younger generation in the Arab world was mobilized through social media to protest and demonstrate against undemocratic rule.
The developers of this would be 18-story telescope is TMT International Observatory (TIO) that was formed in 2014. Presently TIO is a partnership of six international organizations—the California Institute of Technology (USA), the National Institutes of Natural Science (Japan), the National Astronomical Observatories of the Chinese Academy of Science (China), the Regents of the University of California (USA), the Association of Canadian Universities for Research in Astronomy (Canada), and the Indian Institute of Astrophysics (India).
The proposed development began in 2010. According to the TMT website, “TMT completed an Environmental Impact Statement, after 14 community meetings, and it was signed by the Governor of Hawaii. The Cultural Impact Statement, as key part of the document, included consultations with Native Hawaiian cultural practitioners. No groups or individuals challenged the contents or process of this important and required document.”
TMT also stated that in 2013, “the Kahu Ku Mauna Council, made up of local Native Hawaiian cultural practitioners approved the University of Hawaii granting a sublease to TMT to build on Mauna Kea. The University of Hawaii Board of Regents, after another public hearing, agreed.” The following year, “the Hawaii Board of Land and Natural Resources voted to approve the sublease for the TMT site.”
Mauna Kea is government land of the Hawaiian Kingdom and in 1848 it came under the administration of the Minister of the Interior under An Act Relating to the Lands of His Majesty the King and of the Government. The Act states, “And we do hereby appoint the Minister of the Interior and his successors in office, to direct, superintend, and dispose of said lands, as provided in the Act to organize the Executive Departments… Provided, however, that the Minister of the Interior and his successors in office shall have the power, upon the approval of the King in Privy Council, to dispose of the government lands to Hawaiian subjects, upon such other terms and conditions as to him and the King in Privy Council, may seem best for the promotion of agriculture, and the best interests of the Hawaiian Kingdom.” By an Act in 1854, the Hawaiian Legislature allowed foreign nationals to own property in the Kingdom, but subject to Hawaiian law.
On October 18, 1893, a Presidential investigation concluded that the United States diplomat assigned to the Hawaiian Kingdom, John Stevens, and Naval Captain Gilbert Wiltse were directly responsible for the illegal overthrow of the Hawaiian Kingdom government that occurred on January 17, 1893. On December 18, President Cleveland entered into an executive agreement to reinstate Queen Lili‘uokalani and her cabinet but due to political wrangling in the Congress, Cleveland was not able carry out the agreement. What was on the minds of the Congress was to secure the Hawaiian Islands as a military outpost in order to protect the American west coast from foreign invasion.
Unable to secure a treaty of annexation, the United States Congress unilaterally seized the Hawaiian Islands during the Spanish-American War under what a Senator called a war necessity. The United States claim to sovereignty over the Hawaiian Islands relies on a congressional joint resolution of annexation that was signed into U.S. law by President McKinley on July 7, 1898. The underlying problem that congressmen at the time knew was that no law of Congress can have any force and effect beyond the borders of the United States. In other words, the United States could no more annex the Hawaiian Islands by passing a domestic law, than it could annex Canada today by passing a law. American diplomats and revisionist historians took measures to conceal this from the world. Today, the Hawaiian Islands serves as headquarters for the largest United States combatant unified command in the world called the U.S. Pacific Command, and 20% of the Hawaiian Islands come under the direct control of U.S. troops.
On January 17, 1893, U.S. forces seized the Hawaiian Kingdom government by illegally removing the Queen, as the chief executive officer, and her cabinet of ministers, and replaced them with insurgents. All other officials and employees in the executive and judicial branches of government were then forced to sign oaths of allegiance to the insurgents under threat by U.S. troops. This is called regime change.
The Hawaiian Kingdom government was renamed to the self-declared provisional government on January 17, 1893. On July 4, 1894, the same insurgents renamed themselves to be the Republic of Hawai‘i. By an Act of Congress on April 30, 1900, the so-called Republic of Hawai‘i was renamed the “Territory of Hawai‘i,” and by another Act of Congress on March 18, 1959, it was renamed the “State of Hawai‘i.” Interestingly, the Congress passed a joint resolution on November 23, 1993, apologizing for the illegal overthrow of the Hawaiian Kingdom government, and specifically called the Republic of Hawai‘i “self-declared.” Self-declared means it wasn’t a government a lawful government. So if the so-called Republic of Hawai‘i was self-declared, then its successors are self-declared as well since the so-called Territorial and State of Hawai‘i government can claim no U.S. authority if Congressional laws have no effect beyond U.S. borders.
Simply said, the Hawaiian Kingdom government was carjacked and merely painted red, white and blue.
In light of this important historical and legal information, TIO cannot claim to have a valid lease from the States of Hawai‘i to build the 30-meter telescope if the State of Hawai‘i is self-declared. Only a U.S. military governor established under the laws of occupation and temporarily acting in the capacity of the Hawaiian Kingdom’s Minister of the Interior could enter into a lease, but only after hearings and public input is gathered under Hawaiian Kingdom law and not the laws of the United States. The issue is not whether or not the 30-meter telescope should be built on Mauna Kea, but rather have Hawaiian laws been complied with that would allow or not allow the construction of the telescope. Should TIO disregard the law they would be prosecuted for war crimes.
Hawai‘i News Now – Hundreds rally against Thirty Meter Telescope at UH Manoa campus
UH Kapi‘olani Community College Student Walkout in Support of Mauna Kea Protectors
UH Hilo & UH Hawai‘i Community College Student Walkout in Support of Mauna Kea Protectors
CORRECTION: The Student walkout at the University of Hawai‘i at Hilo and Hawai‘i Community College will take place at 12 noon, and not a 8:30. This is consistent with the Student walkouts at the University of Hawai‘i at Manoa, Kapi‘olani Community College, Windward Community College, and University of Hawai‘i Maui College.
Press Release: Protectors of Mauna Kea Update Status
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/
Big Island Video News: Mauna Kea and the Occupied Hawaiian Kingdom
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.
In 1994 a State of Hawai‘i Court asked “Does the Hawaiian Kingdom Continue to Exist?”
What many people may not know is that it was the State of Hawai‘i Intermediate Court of Appeals (ICA) in 1994 that established a landmark and precedent case where defendants have the burden to provide a factual or legal basis that would conclude the Hawaiian Kingdom continues to exist as a state when they are challenging the jurisdiction of the trial courts. This case is State of Hawai‘i v. Lorenzo. This has been an open legal question and not a political question that has been before the courts in Hawai‘i for the past twenty-one years. It was conclusively answered “yes” in another landmark case State of Hawai‘i v. English during an evidentiary hearing on March 5, 2015.
The Lorenzo case was in response to the United States Congressional apology for the illegal overthrow of the Hawaiian Kingdom government on January 17, 1893—U.S. Public Law 103-150. In 1993, the Congress admitted to the United States’ illegal overthrow of the Hawaiian government, but it did not admit to the overthrow of the Hawaiian Kingdom as a state. A government is not a state in international law. A state is a sovereign country that is a member of the family of nations, while a government is the physical body that exercises the sovereign authority of the country. State and country are synonymous, and history shows that while governments were overthrown, it doesn’t mean that countries were overthrown. Examples include the overthrow of the Japanese government by the Allied countries in 1945 during World War II, the overthrow of the Kuwaiti government by Iraq in 1990 during the Gulf War, and the overthrow of the Iraqi government in 2003 by the United States during the Iraq War.
The Lorenzo case addressed this very issue of whether or not the Hawaiian state still exists despite the admitted illegal overthrow of its government in 1893. There has been a common misunderstanding that treats the overthrow of the Hawaiian government synonymous with the overthrow of the Hawaiian state. The Lorenzo case distinguishes the two and concluded that this is an open legal question. If the Hawaiian state continues to exist, then the State of Hawai‘i (USA) cannot legally exist in the Hawaiian Islands.
In 1991, Anthony Lorenzo was tried in the First Circuit Court after being indicted on criminal charges of failing to render assistance after being involved in an automobile accident, driving without a license, and negligent injury. A pre-trial motion to dismiss the indictment was filed claiming that the State of Hawai‘i had no jurisdiction over him because the Hawaiian Kingdom still existed as a sovereign nation. The trial judge denied the motion to dismiss, which became the basis for the appeal to the ICA in 1994.
Judge Walter Heen, who authored the Lorenzo judgment, wrote, “The essence of the lower court’s decision is that even if, as Lorenzo contends, the 1893 overthrow of the Kingdom was illegal, that would not affect the court’s jurisdiction in this case. Although the court’s rationale is open to question in light of international law, the record indicates that the decision was correct because Lorenzo did not meet his burden of proving his defense of lack of jurisdiction. Therefore, we must affirm the judgment.” Judge Heen concluded, “it was incumbent on Defendant to present evidence supporting his claim. Lorenzo has presented no factual (or legal) basis for concluding that the Kingdom exists as a state in accordance with recognized attributes of a state’s sovereign nature. Consequently, his argument that he is subject solely to the Kingdom’s jurisdiction is without merit, and the lower court correctly exercised jurisdiction over him.”
In the ICA decision, Judge Heen provided the definition of a state as “an entity that has a defined territory and a permanent population, under the control of its own government, and that engages in, or has the capacity to engage in, formal relations with other such entities.” A careful reading of this definition clearly distinguishes the state from its government, where the “state” is “under the control of its own government.” The government is not the state.
Judge Heen also stated, “The illegal overthrow leaves open the question whether the present governance system should be recognized, even though the illegal overthrow predated the United Nations Charter.” The Lorenzo case put forth a legal question in both State of Hawai‘i and Federal Courts in the Hawaiian Islands, as well as bringing in international law. This legal question has profound consequences that centers on whether the Hawaiian Kingdom as a state exists or not. It is international law that will determine the existence of the Hawaiian state, and not the laws of the United States.
In the Nishitani v. Baker (1996), Judge Corrine Watanabe of the ICA stated, “In retrospect, our statement in Lorenzo that a criminal defendant has the burden of proving his or her defense of lack of jurisdiction may have generated some confusion. [Hawai‘i Revised Statutes] specifically provides that in a criminal case, a defendant may not be convicted unless the State proves beyond a reasonable doubt ‘facts establishing jurisdiction.’ The burden of proving jurisdiction thus clearly rests with the prosecution. However, where immunity claims are raised as a defense to jurisdiction, the burden is on the defendant to establish his or her immunity status.”
For the past twenty-one years, judges at the trial court level have consistently denied requests by defendants to dismiss either criminal or civil complaints filed in the State of Hawai‘i and Federal courts on the grounds that the Hawaiian Kingdom continues to exist. These judges have relied on the Lorenzo case to deny the requests. When these decisions are taken on appeal, the ICA has routinely upheld the judgments by citing the Lorenzo case, “Because the defendant had ‘presented no factual (or legal) basis for concluding that the Kingdom exists as a state in accordance with recognized attributes of a state’s sovereign nature,’ we determined that the defendant had failed to meet his burden of proving his defense of lack of jurisdiction.”
The ICA cited the burden of the Lorenzo case was not met by the defendants in a total of forty-one appeals between 1994 and 2014, and the Hawai‘i Supreme Court during this same period cited the same failure of defendants to provide a “factual (or legal) basis for concluding that the Kingdom exists as a state” in six appeals. In total there have been forty-seven appeals that cited the landmark Lorenzo case that was decided on October 20, 1994. What isn’t accounted for, however, is how many trial courts denied defendants motions to dismiss that did not make it to an appeal.
In all of these cases that came before the State of Hawai‘i appellate courts, the defendants provided evidence of some sort, but the Lorenzo case required the defendants to provide evidence that is “conclusive,” and not just evidence. Conclusive is evidence that is “indisputable” between the prosecution or plaintiff and the defense. In order to overcome this hurdle of “indisputability,” which is a very high standard, the defendants need to have an evidentiary hearing where the rules of evidence are applied. It is in the evidentiary hearing that the defendants can introduce evidence that the Hawaiian Kingdom continues to exist as a state according to the Lorenzo case. The prosecution or the plaintiff, however, cannot object to the evidence for the sake of objecting. They have to provide counter-evidence. If they object by providing counter-evidence then the evidence is considered “disputable,” and therefore would not meet the burden of the Lorenzo case where it has to be “indisputable” making the evidence “conclusive” that the Kingdom exists as a state.
One way to get the evidence to be recognized as “indisputable” and “conclusive” would be to have the court take “judicial notice” of the defendant’s evidence under Rules 201 and 202 of the Hawai‘i Rules of Evidence. Black’s Law Dictionary (p. 848, 6th ed. 1990) defines judicial notice as the “act by which a court recognizes the existence and truth of certain facts.” Under Rule 201 is judicial notice of “adjudicative facts,” and Rule 202 is judicial notice of laws. When Judge Cardoza took judicial notice of Dr. Keanu Sai’s legal brief titled, “The Continuity of the Hawaiian State and the Legitimacy of the acting Government of the Hawaiian Kingdom,” at the request of the defense during the evidentiary hearing on March 5, 2015 in State v. English at the Second Circuit Court on the Island of Maui, it included both “adjudicative facts” and “laws.”
Throughout the evidentiary hearing, the prosecution did not object to Dr. Sai’s expert testimony that the Hawaiian Kingdom continues to exist as a state under international law, and it didn’t object to the Judge taking judicial notice of Dr. Sai’s brief that concludes the existence of the Hawaiian state. By not objecting during an evidentiary hearing, the prosecution was in agreement with the evidence being presented. What is extremely important during a criminal proceeding is the appearance of fairness and due process because the defendants are facing a judgment that could lead to imprisonment. In other words, the only way for the prosecution to object to the evidence presented by the defendants is that it must show counter evidence. Without counter evidence, the prosecution cannot object for the sake of objecting. To do so would be to violate the defendants’ right to a fair trial and due process.
State v. English is a landmark case, because the judge took judicial notice of adjudicative facts and laws that concludes the Hawaiian Kingdom continues to exist as a state under international law. The evidentiary ruling made by Judge Cardoza during a fair evidentiary proceeding has “conclusively” determined that there is a “factual (or legal) basis for concluding that the Kingdom exists as a state.” In 21 years of case law (common law), the English case has finally and conclusively answered the legal question presented by Judge Heen in the Lorenzo case in 1994.
###
The forty-one cases heard by the ICA using the Lorenzo case are: State v. French, 77 Haw. 222, 228, 883 P.2d 644, 650 (1994); Nishitani v. Baker, 82 Hawai‘i 281, 289, 921 P.2d 1182, 1190 (1996); Chalon Int’l of Haw. v. Makuaole, 95 Haw. 243, 20 P.3d 676 (2000); State v. Sherman, 95 Haw. 243, 20 P.3d 676 (2000); State v. Joshua, Haw. App. LEXIS 247 (2001); State v. Moore, Haw. App. LEXIS 242 (2001); State v. Lindsey, 98 Haw. 142, 44 P.3d 293 (2002); State v. Miyahira, 98 Haw. 287, P.3d 754 (2002); State v. Keawemauhili, 101 Haw. 330, 76 P.3d 829 (2003); Makapono Partners, LLC v. Simeona, Haw. App. LEXIS 120 (2003); State v. Araujo, 103 Haw. 508, 83 P.3d 771 (2004); Betsill Bros. Constr., Inc. v. Akahi, Haw. App. LEXIS 218 (2004); State v. Keli‘ikoa, 105 Haw. 92, 93 P.3d 1199 (2004); State v. Fergerstrom, 106 Haw. 41, 101 P.3d 225 (2004); State v. Tanaka, 106 Haw. 246, 103 P.3d 406 (2004); State v. Spinney, 106 Haw. 389, 105 P.3d 266 (2005); State v. Ball, 113 Haw. 507, 155 P.3d 690 (2007); State v. Steffey, Haw. App. LEXIS (2008); State v. Nakatsu, Haw. App. LEXIS (2008); State v. Ampong, 120 Haw. 255, 203 P.3d 675 (2009); State v. Makekau, 121 Haw. 202, 216 P.3d 128 (2009); State v. Rodenhurst, Haw. App. LEXIS 588 (2010); State v. Craig-Rodenhurst, Haw. App. LEXIS 664 (2011); State v. Kaluau, 125 Haw. 251, 258 P.3d 948 (2011); RMS Residential Properties, LLC v. Valdez, 125 Haw. 475, 264 P.3d 53 (2011); Burgo v. State, 127 Haw. 240, 277 P.3d 334 (2012); State v. Au, 128 Haw. 476, 290 P.3d 546 (2012); State v. Kawa‘auhau, 128 Haw. 477, 290 P.3d 547 (2012); Federal National Mortgage Association v. Bise, 129 Haw. 268, 297 P.3d 1124 (2013); Wells Fargo Bank N.A. v. Armitage, 129 Haw. 295, 298 P.3d 1059 (2013); Federal Home Loan Mortgage Corporation v. Griep, 129 Haw. 425, 301 P.3d 1266 (2013); Deutsche Bank National Trust Company v. Pa‘a, 130 Haw. 302, 309 P.3d 970 (2013); State v. Armitage, 129 Haw. 425, 301 P.3d 1266 (2013); Federal National Mortgage Association v. Duarte, 129 Haw. 452, 303 P.3d 1229 (2013); First Hawaiian Bank v. Kamakea, 129 Haw. 452, 303 P.3d 1229 (2013); The Bank of New York Mellon v. Velez, 129 Haw. 426, 301 P.3d 1267 (2013); U.S. Bank National Association v. Shim-Palama, 129 Haw. 427, 301 P.3d 1268 (2013); State v. Palama, 129 Haw. 428, 301 P.3d 1269 (2013); Federal National Mortgage Association v. Barros, 129 Haw. 449, 302 P.3d 717 (2013); State v. Kana‘ele, 132 Haw. 518, 323 P.3d 162 (2014); State v. Kanaka‘ole, 132 Haw. 518, 323 P.3d 162 (2014).
The six cases heard by the Supreme Court using the Lorenzo case are: State v. Lee, 90 Haw. 130, 976 P.2d 444 (1999); State v. Sinagoga, Haw. LEXIS 135 (2002); State v. Fergerstrom, Haw. LEXIS 254 (2004); State v. Rodenhurst, Haw. LEXIS 280 (2010); State v. Kaulia, 128 Haw. 479, 291 P.3d 377 (2013); State v. Armitage, 132 Haw. 36, 319 P.3d 1044 (2014).
State of Hawai‘i Judge Rules Hawaiian Kingdom Still Exists
PRESS RELEASE
FOR IMMEDIATE RELEASE
March 27, 2015
Maui Circuit Court Judge takes Judicial Notice that the Hawaiian Kingdom still Exists and State of Hawai‘i Courts lack Subject Matter Jurisdiction
HONOLULU, HAWAI‘I—Today, Dexter K. Kaiama, attorney for Kaiula Kalawe English and Robin Wainuhea Dudoit, filed a petition for a writ of mandamus with the Hawai’i Supreme Court in Honolulu seeking an order to compel Judge Joseph E. Cardoza to dismiss the 
criminal cases against his clients because Judge Cardoza took judicial notice that the Hawaiian Kingdom continues to exist, which admits that the State of Hawai‘i did not have subject matter jurisdiction over the arrests and criminal proceedings. Judge Cardoza refused to dismiss the criminal complaints despite taking judicial notice that the court does not have subject matter jurisdiction.
Click here to download the Petition for Mandamus.
English and Dudoit were two of four Molokai fishermen alleged to have boarded another fishing boat from the island of O‘ahu off the coast of Molokai and threatening those on board. The Associated Press reported, “Some Molokai residents are hailing four arrested fishermen as heroes for protecting their island’s resources from outsiders.” Hanohano Na‘ehu said after the arraignment where all four fishermen pleaded not guilty, “This happening is a great way to highlight that people have been coming from different islands to Molokai to rape, pillage and raid our resources for the longest time.” He also stated, “For us on Molokai, these four individuals are heroes. All they were doing was protecting the resources for our families, for our communities, for our island.”
Kaiama filed a motion to dismiss the criminal cases against his clients on February 6, 2015, and an evidentiary hearing was held in the Second Circuit Court in Wailuku, Island of Maui before Judge Cardoza on March 5. Kaiama’s motion to dismiss relied on the research and expertise of David Keanu Sai, Ph.D., a Hawai‘i political scientist, whose research is focused on the continued existence of the Hawaiian Kingdom as an independent state. Included in Kaiama’s motion to dismiss was an extensive legal brief authored by Dr. Sai.
Kaiama’s motion to dismiss centered on two precedent cases from the Hawai‘i Intermediate Court of Appeals (ICA), State of Hawai‘i v. Lorenzo in 1994 and Nishitani v. Baker in 1996. These cases stated that if defendants are challenging the jurisdiction of the court by claiming the Hawaiian Kingdom continues to exist today as an independent state, they have a burden to provide “a factual (or legal) basis for concluding that the Kingdom exists as a state.” If defendants are successful in providing conclusive evidence, the trial court must dismiss the case.
The Lorenzo case came on the heels of the United States Congress passing a law in 1993 apologizing for the illegal overthrow of the government of the Hawaiian Kingdom by the United States on January 17, 1893. In light of the admitted illegality by the United States, the ICA stated in the Lorenzo case, that the “illegal overthrow leaves open the question whether the present governance system should be recognized.”
Since 1994, this has been an open legal question and the Hawai‘i courts have repeatedly denied motions to dismiss because the defendants have failed to provide conclusive evidence of the Hawaiian Kingdom’s existence as a state under international law. These decisions have been routinely confirmed on appeal.
At the March 5 hearing on the island of Maui, Dr. Sai was acknowledged as an expert witness for the defense by Judge Cardoza without objection from the Deputy Prosecuting Attorney Lloyd Phelps.
Click here to download the transcript of the Evidentiary hearing, which is Exhibit “4” of the Petition for Mandamus.
After being qualified as an expert witness, Kaiama asked, “Dr. Sai, based on all of your research, based on your background and your education and this specialty, you understand that on behalf of my clients I am bringing a motion to dismiss for lack of subject matter jurisdiction?” Dr. Sai responded, “Yes.”
Kaiama then asked, “Based on all of your research and your expertise in this area, Dr. Sai, have you reached any conclusions about this, and can you tell us what your conclusions are?” In response, Dr. Sai stated, “the Court would not have subject matter jurisdiction as a result of international law.”
Kaiama then followed up with, “And if you can explain or perhaps expand on that explanation and tell us why the Court does not have subject matter jurisdiction in this case?” For the next thirty-five minutes Dr. Sai provided a historical and legal narrative that began when Great Britain and France jointly recognized the Hawaiian Kingdom as an independent state on November 28, 1843, to the current situation of the Hawaiian Kingdom being occupied by the United States today since the Spanish-American War in 1898. Dr. Sai presented facts, law and other evidence that the Hawaiian Kingdom as a state was never extinguished by the United States, and, therefore, by a principle known in international law as the presumption of continuity, the Kingdom still exists.
At no time did Deputy Prosecutor Phelps object to Dr. Sai’s expert testimony and when Judge Cardoza asked if the prosecution had any questions for Dr. Sai after Kaiama concluded his questions, Phelps stated, “Your Honor, the State has no questions of Dr. Sai. Thank you for his testimony. One Army officer to another, I appreciate your testimony.” Dr. Sai did state that he was a retired captain from the Army. Prosecutor Phelps served as a former Army Staff Judge Advocate officer.
After Dr. Sai’s testimony, Kaiama requested Judge Cardoza to take judicial notice of all the evidence of the Hawaiian Kingdom’s existence, which included Dr. Sai’s written brief. When Judge Cardoza asked, “What’s the prosecution’s position?” The prosecution responded, “No objection, your Honor.” Judge Cardoza then stated, “there being no objection, the Court will take judicial notice as requested.”
Click here to download the Dr. Sai’s legal brief titled “The Continuity of the Hawaiian State and the Legitimacy of the acting Government of the Hawaiian Kingdom,” which is a part of Exhibit “1” of the Petition for Mandamus.
“Once judicial notice was taken of the evidence that the Hawaiian Kingdom continues to exist as a state, it is considered indisputable and true,” according to Kaiama. “Judicial notice is a very significant ruling on evidence and when the court took judicial notice, it said that it is conclusive that the Hawaiian Kingdom exists,” said Kaiama. “And according to the precedent cases of State of Hawai‘i v. Lorenzo and Nishitani v. Baker, the trial court was compelled to dismiss the criminal cases against my clients.”
“This is the first time that a judge has taken judicial notice—meaning he has accepted under the Rules of Evidence, without protest, the whole set of findings that lead to the conclusion that the Hawaiian Kingdom exists,” said Williamson Chang, a senior law professor at the University of Hawai‘i Richardson School of Law. “This is groundbreaking.”
“The point is that judicial notice is a finding that acknowledges ‘the sun rises in the East,’—a judge cannot therefore, in his decision deny this fact he took notice of and say, ‘I find that the sun rises in the West,’” explained Professor Chang. “The Court’s acceptance of the offered facts under the doctrine of judicial notice and the Court’s decision to not grant the motions to dismiss are clearly at odds. As such, attorney Dexter Kaiama was required to file a petition for mandamus to compel the judge to correct his ruling.”
In the petition for mandamus, Kaiama called the decision by Judge Cardoza a violation of common law and Hawai‘i’s plain error doctrine. In the petition plain error is defined as seriously affecting “the fairness, integrity, or public reputation of judicial proceedings, to serve the ends of justice, and to prevent the denial of fundamental rights.” The petition is seeking an order from the Hawai‘i Supreme Court directing Judge Cardoza to immediately dismiss the criminal complaints against his clients.
“The trial court cannot disregard twenty-one years of Hawai‘i case law,” said Kaiama. “In 1994, the Intermediate Court of Appeals provided keys to the door as to whether the Hawaiian Kingdom continues to exist, and in 2015, with keys in hand, we unlocked and pushed wide open that door by conclusively proving the Hawaiian Kingdom does exist.”
###
CONTACT: Dexter K. Kaiama, Esquire
Phone: (808) 284-5675
Email: cdexk@hotmail.com
Hawai‘i Law Professor Says Justice Scalia Lacks Constitutional Knowledge
A joint resolution of Congress doesn’t empower the United States to acquire another country. Only a treaty can do that.
Professor Williamson Chang of the University of Hawai’i Williams S. Richardson School of Law as a contributor previously published this article in Civil Beat. Professor Chang has allowed this piece to be posted on this blog. Williamson Chang is a professor of Law and member of the faculty senate at the University of Hawai‘i at Manoa. Professor Chang has been teaching at the University of Hawai‘i School of Law for 37 years. He specializes in water rights, Native Hawaiian rights, the legal history of Hawai‘i and conflict of laws.
In Civil Beat recently, Justice Antonin Scalia, associate justice of the U.S. Supreme Court, made two critical points on the annexation of Hawaii: First, he stated that a joint resolution of the United States could acquire the territory of Hawai‘i — a foreign, sovereign and independent nation state. Second, he stated that the Constitution permitted the use of a joint resolution instead of a treaty.
He was wrong on both points.
First, a joint resolution is merely a law, an act of Congress. It has no power to acquire the territory of a foreign, sovereign state. If such a thing were possible, Hawai‘i itself could have, by an act of its Legislature, acquired the United States. Second, the only mode by which the United States could acquire Hawai‘i, an independent and sovereign nation like the United States, would be by treaty.
Second, the acquisition of Hawai‘i by a joint resolution of Congress would undermine the Constitution. The use of a joint resolution in place of a treaty would be an “end run” around an enumerated power — the power over foreign affairs that is delegated solely to the president and the Senate. The House has no power as to foreign affairs and does not vote on or ratify treaties.
Moreover, the use of joint resolution to accomplish a treaty with a foreign sovereign undermines the super-majority required of the Senate as to the ratification of treaties. The Senate must ratify such measures by a two-thirds majority of those Senators present.
This is made clear in the U.S. Constitution, Article II, Clause 2: “[The President] shall have the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur …”
The inability of President William McKinley to garner the necessary two-thirds vote in the Senate to ratify the Treaty of Annexation of 1897 led the administration to seek annexation by a mere act of Congress — a joint resolution. The administration could pass a joint resolution but not a treaty. This is precisely why McKinley attempted to annex by joint resolution.
Many are ignorant of or deceived about the joint resolution and the acquisition of Hawai‘i. Many do not know the specifics of 
the U.S. Constitution or the history of Hawai‘i. Yet, we expect more from Justice Scalia, for he has great power over the future of Native Hawaiians. His exchange with Jacob Bryan Aki, as published in Civil Beat, showed a surprising lack of constitutional knowledge. Aki, a Hawaiian student at George Washington University, asked Justice Scalia the following question during a class visit to the Supreme Court on Feb. 11:
“Does the Constitution provide Congress the power to annex a foreign nation through a joint resolution rather than a treaty?”
Scalia answered by first turning the question back at Aki. “Why would a treaty be needed,” he asked. “There is nothing in the Constitution that prohibits Congress from annexing a foreign state through the means of a joint resolution. If the joint resolution is passed through both the U.S. House and Senate, then signed by the president, it went through a ‘process.’ ”
Let us pretend that Scalia was on the floor of the U.S. Senate in the summer of 1898. Sen. William V. Allen of Nebraska and others would have reminded him that a joint resolution is only an act of Congress. It has no power to reach out and acquire foreign territory or a foreign country.
“A joint resolution if passed becomes a statute law. It has no other or greater force. It is the same as if it were entitled ‘an act.’ That is its legal classification,” said Allen. “It is therefore impossible for the government of the United States to reach across its boundaries into the dominion of another government and annex that government or the persons or property therein.
“But the United States may do so under the treaty making power, which I shall hereafter consider.”
In addition, Allen said, “Mr. President, how can a joint resolution such as this be operative? What is the legislative jurisdiction of Congress? Does it extend over Hawai‘i? May we in this anticipatory manner reach out beyond the sea and assert our authority under a resolution of Congress within the confines of that independent nation? Where is our right, our grant of power, to do this? Where do we find it?
“The joint resolution itself, it is admitted, amounts to nothing so far as carrying any effective force is concerned. It does not bring that country within our boundaries. It does not consummate itself.”
Moreover, Sen. Thomas Turley of Tennessee stated:
“It is admitted that if the Joint Resolution is adopted, the Republic of Hawai‘i can determine whether or not it will accept the provisions contained in the joint resolution. In other words, the adoption of the resolution does not consummate the transaction.
“The Republic of Hawai‘i does not become a part or the territory of the United States by the adoption of the joint resolution …”
Sen. John Coit Spooner of Wisconsin added his view: “Of course, our power would not be extraterritorial.”
Sen. A.O. Bacon of Georgia made the same point: “Under the 
law of the equal sovereignty of states, one independent and sovereign nation such as the United States cannot take another nation, such as Hawai‘i, by means or its own legislative act.”
Bacon noted that if the United States could take Hawai‘i by joint resolution, it could so take Jamaica. If that were true, any nation could acquire any other. Hawai‘i could annex the United States. “If the President of the United States can do it in the case of Hawai‘i, he can with equal propriety and legality do it in the case of Jamaica …”
Sen. Stephen White of California noted annexation by joint resolution was unprecedented: in American history: “… there is no instance where by a joint resolution it has been attempted not only to annex a foreign land far remote from our shores, but also to annihilate a nation, to withdraw it from the sovereign societies of the world as a government.”
On the issue of the constitutionality of the use of a joint resolution, Bacon made it clear: Hawai‘i could only be acquired by a Treaty. “If Hawai‘i is to be annexed, it ought certainly to be annexed by a constitutional method; and if by a constitutional method, it cannot be annexed, no Senator ought to desire its annexation.”
Finally, Bacon — one of the most senior members of the Senate — predicted that the annexation of Hawai‘i by joint resolution would do great damage to the Constitution and the Union.
“If we pass the joint resolution, we enter upon a revolution which shall convert this country from a peaceful country into a warlike country. If we pass the resolution, we transform this country from one engaged in its own concerns into one which shall immediately proceed to intermeddle with the concerns of all the world.
“If we pass the joint resolution, we inaugurate a revolution which shall convert this country from one designed for the advancement and the prosperity and the happiness of our citizens into one which shall seek its gratification in dominion and domination and foreign acquisition.”
Native Hawaiians have forgotten that many Americans stood with them in 1898. After all, the Treaty of 1897, the only legal means for taking Hawai‘i, failed not because the Senate of the Republic of Hawai‘i failed to ratify the Treaty. It was the United States Senate that did not ratify the Treaty.
In conclusion, the joint resolution could not acquire Hawai‘i. Moreover, it was unconstitutional. Justice Scalia’s comments are evidence of the pervasive and widespread falsehoods as to annexation that have spread to the highest political and judicial offices in the United States. The myth of annexation is a deliberate deception that has oppressed the people of Hawai‘i for 122 years.
Historic quotes above are from Volume 31 of the Congressional Record pages 6142 to 6712, the verbatim record of the Senate debate in 1898.
Hawaiian Language Competition and Concert
Keauhou, Kona Kai ʻŌpua, Hawaiʻi
For Immediate Release
March 11, 2014
PŪNANA LEO O KONA HOSTS ITʻS SECOND ANNUAL HAWAIIAN LANGUAGE COMPETITION AND CONCERT
Free Event celebrates and honors Hawaiian language and Queen Liliʻuokalani
Pūnana Leo o Kona, a Hawaiian Medium Education preschool and Keauhou Shopping Center present the Second Annual ʻAha Aloha ʻŌlelo, a free family event on Saturday March 14, 2014 from 9:00am to 4:00pm at the Keauhou Shopping Center (center courtyard area). This yearʻs free event offers a Hawaiian language competition among Hawaii Island residents and schools as well as a lineup of great Hawaiian music featuring Jon and Jamaica Osorio, Kalani Peʻa, Bulla Kaʻiliwai and Hāwane Rios. There will be food booths, a Keiki Land that includes bouncers, slides, a petting zoo, games and much more as well as an awesome lineup of vendors, including Wahine Toa and Living Hula.
The Hawaiian Language Competition, themed “Ma Hope Mākou o Liliʻulani”, will feature students and residents of Hawaiʻi Island giving speeches in Hawaiian language based in the time of Queen Liliʻuokalani. Students will be “tasked” with taking the 38,000 signatures gathered in 1897 by Hawaiian patriots, such as James Kaulia, David Kalauokalani, Abigail Campbell and Emma Nāwahī, and deliver them to the United States Government and present their own testimony as to why Queen Liliʻuokalani should be restored to the throne. Students will also present memorized speeches of Kamehameha as well as the aforementioned Kaulia and Queen Liliʻuokalani. The competition will also feature a singing portion where students will sing songs either composed by or for Queen Liliʻuokalani or a song that honors her, as well as a chant and dance portion where they will present an oli and hula of their land.
Prior to 1822, Hawaiian language was only an oral language, having no form or system of writing and reading. Traditions and information was stored in memory and passed down from generation to generation, through stories, songs and chants. In 1822, however, a system of writing for Hawaiian language was created and by 1840, Hawaiʻi was nearly universally literate, with a literacy rate of 97%, making Hawaiʻi the most literate country in the world when it was recognized as a sovereign and independent country by France and Great Britain through the signing of the Anglo-Franco Proclamation on November 28, 1843 at the Court of London. Hawaiʻi had maintained this amazing and incredible literacy rate until not too long after the illegal overthrow of Queen Liliʻuokalani in 1893. After the illegal and provisional government took over, they began to institute many forms of denationalization and Americanization of Hawaiians. One of the many settings that this took place in was the educational system. In 1896, the provisional government banned the use of Hawaiian language in all public schools and many, many students were punished, physically, for speaking Hawaiian in schools. This began the decline in literacy among Hawaiians as well as caused the Hawaiian language to nearly go extinct.
In 1897, the provisional government attempted, again, to annex the Kingdom of Hawaiʻi to America, but President McKinley was unable to garner enough votes from the Senate to pass a Treaty of Annexation. This was in large part due to the 38,000 signatures gathered by the Hawaiian patriots listed above. It is important to note, too, though, that Queen Liliʻuokalani wrote her own letter of protest to President McKinley in 1897 that has come to be termed the “Red Ribbon Letter”. Due to their inability to get enough votes for a treaty, in 1898 Congress passed a Joint Resolution, claiming to annex Hawaiʻi to America. A Joint Resolution, though, is merely a domestic law that holds no authority outside the boundaries of its governing territory and therefore has no ability to annex an independent and foreign country, meaning that to this day, Hawaiʻi remains an independent country under a prolonged and illegal military occupation by the United States of America. This yearʻs ʻAha Aloha ʻŌlelo aims to bring awareness to this point in Hawaiian history and its ramifications that continue to be felt today.
Pūnana Leo o Kona is the only Hawaiian Medium Education pre-school in Kona, Hawaiʻi. Established in 1994, Pūnana Leo o Kona just celebrated itʻs 20th anniversary last year. Pūnana Leo o Kona is one of 11 preschools operated throughout five islands by ʻAha Pūnana Leo, a non-profit 501©3 organization founded in 1982 to revitalize what was then a dying and nearly extinct language. In 1982, it was estimated that less than 50 people under the age of 18 were able to fluently speak Hawaiian. Today, the Hawaiian language continues to grow and expand as ʻAPL has graduated 4,255 families since 1984 including 237 in Kona since 1994. Today there is an estimated 8,000 fluent Hawaiian language speakers.
E OLA KA ʻŌLELO HAWAIʻI!
###
For more information, contact:
Pūnana Leo o Kona
tel:1-808-936-4249
mailto:kahookahi@ahapunanaleo.org
Facebook: ʻAha Aloha ʻŌlelo
Twitter: @alohaolelo
Canadian Television Series Native Planet – Hawai‘i
Host Simon Baker of Canada’s television series Native Planet travels to Hawai‘i and uncovers the legal history of Hawai‘i as an independent and sovereign State under an illegal and prolonged occupation and the impact on Hawai‘i’s people. This is a reposting of the video that was posted on this blog in October 2014 due to requests to repost. If you are having trouble viewing this video you can view the video on Youtube by clicking here.
Interview of Kale Gumapac by Dr. Lynette Cruz Regarding His Home and War Crimes
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.
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, 6th 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 17th 1893. The notaries public in the Hawaiian Islands and the registrar of the Bureau of Conveyances were not lawful since January 17th 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 24th 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:
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- Police Chief Harry S. Kubojiri, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720;
- Detective Brian D. Prudencio, Office of Professional Standards, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720;
- Captain Samuel Kawamoto, County of Hawai‘i Police Department, whose address is 349 Kapiʻolani Street, Hilo, HI 96720; and
- 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.
Interview with Dr. Keanu Sai on Washington Times’ Story on China and the Hawaiian Kingdom
In this interview with host Kale Gumapac, Dr. Keanu Sai provides comment on his recent trip to Switzerland regarding war crimes and the recent newspaper story published in the Washington Free Beacon and the Washington Times titled “Hawaiian Independence Movement Attracts Chinese Interest: Restoration of kingdom could end U.S. military presence” on February 10, 2015.