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.”
https://vimeo.com/122847682
###
CONTACT: Dexter K. Kaiama, Esquire
Phone: (808) 284-5675
Email: cdexk@hotmail.com
YAY! http://www.WeAreOne.cc
Is he getting criminal charges, how many violations he gotta do? Is he exempt from the law?There`s constitutional violations of mandatory 10 years plus$ 10,000 fire per count. Whats up with that!!!How can a International felon be a judge? look at George Bush? Is that it!!!!! Really?Hes not that speical we should pai, pai !!!! He suppose to be locked up no excuses!!. And how can the police serve us a summins for a violation they not court officals. The only people that can serve you with a summins is a sheriuff or a Bailift no one else!!!kalamai the spelling but I know you get the message!!!!! Disnocan cuz and they still doing the same thing today as we blog!!!!American Nocan!
Thank you Dexter And Mr Sai !!! Much Aloha`s for that!!! Its big!!!!
He is exempt from USA law ! Under Kingdom law Protecting natural resources is Pono …
Yes because it not under kingdom law.
Much gratitude to the hard work and professionalism provided by Dr Keanu Sai and Esq. Dexter Kaiama for their selfless diligence in moving our Hawaiian Kingdom Nation’s re-emergence and Restoration forward. This is an epochal moment for all of us H/K Nation’s subjects, who look forward to the return of our homeland. It is a relief to know that since the Proclamation of October 10, 2014, that we now have the evidentiary legal means requiring the US to comply with the Law of the Land & the international Laws of Occupation. They must cease and desist from it’s belligerent occupation. As a high contracting nation they are required to honor it’s international
treaty of July 6th, 1846, a formal recognition of Hawaiian Independence which was signed by US President Tyler. To this very day this treaty is still recognized by 90 Nations of the World. LLHK
Mahalo nui loa to dexter and keanu awesome news,only couple things to do now,relinquish and educate. Then we can move forward as hawaiian nationals and claim back what rightfully belongs to us through genealogy and as heirs to this kingdom called hawaii.
Hawaii will be reinstated to its former democracy, which is similar to the democracy is most civilized countries. It will have a parliament, and we the people will be able to govern ourselves. Let’s not taint the wrong picture of this movement by saying genealogy will determine the leaders of the reinstated Hawaiian Kingdom. That form of authoritative government was fully dissolved long before the US swindled their way in. It’s the same type of system that Hitler had set up, basing this mass genocides on genealogy. Keep pushing hard, but with the right message.
Aloha Henry: just curious? Are you sure you want to equate “Genealogy” with “authoritative government” and Hitlerʻs genocide of the Jews? And isnʻt “authoritative government” something Americans have now in the form unchecked Federalism? My question to your assertion here about “authoritative government” is …..compared to what? What government on earth is NOT authoritative and yet do they all stand equally with Hitler and Old Hawaiian law, which I assume you mean the Kapu system? If you are comparing authoritative systems to the US as people often do without saying it Iʻd like to just mention that I donʻt think the US Government is operating under constitutional separation of powers and Iʻm sure only a minority of Americans still venerate important founders like John Locke (who I consider a founder LOL), Thomas Jeffersonian and James Madison. It was their ideas about the lawful use of power that set America apart in many ways with what they saw as authoritative governments in most other European Nations at the time. The problem is forming a government that is non authoritarian while able to meet 21st century realities at the same time.
Nothing wrong with genealogy and power if they are properly understood and applied donʻt you agree?
I guess everyone gotta vote Hawaiis reps in its who the people choose thats going to make Hawaiis goverment, that`s the process we should all start Island wide. We need pono people in office!
As you highlight, and the bradda who say nokan, would also agree what other fair process is there but through a Democratic Process. As initiatives to see it be upheld would be very instrumental by appointment with all due respect have this same requirements be upheld by the watchful eye in security measures, as was conducted after the toppling, removal of Saddam. Gave that people an oppertunity for its freedom to have a election to form a Government rebuilding a Nation.
A same principle applies removing the dictatorship with unjustifiable rule from the very onset, continues by these unprecedented jurisdiction.
Do we have a voice, or can we delegate representation to United Nations. Present its case of a illegal overthrow. That the Courts will difinately frown on The United’s States Actions. There has been crimes committed. Again the US Government setting a example that we can follow. Remember Collen Powell presented the United States care to the UN.
Kanaka maoli’s im just hoping that who ever is acting like there in charge do the right thing for our people’s interest, and also dont get greedy and say we want it all back. Also dont play the role and say we want america to leave hawaii that would be foolish
Nothing is there’s what are you talking about? Would you let someone who stole cheated and lied to you live with you? I THINK NOT.
Hoku,
Your current neighbors are the ones pushing with you, not against you. They also aren’t the ones who stole, cheated, or lied to you. It’s like for me, a Korean, to hate upon my Japanese friends because their country invaded my country, raped our women and tried to dissolve our culture. That wouldn’t make sense, for my Japanese friend is a friend indeed. I can’t blame him for the past actions of his country.
A tita you know what dis not japan or korea this Hawaii and we nokea about korea or japan we get our own problems that is happening on a daily basis your korean and japanese problems is not ours, We get all this people coming here on behalf of a private company overseas with out subject matter jurisdiction, we have a staged court which is actually a foreign private court making determanations on foreign people overseas and attacking civilans and driving them off their lands and homes on behalf of a foreign private company overseas that sista is crazy!!!!! Its a stage thats all americans no have no right in Hawaii thats all!!!!Disnocan cuz!!!!!!!
This is why America thinks we cant govern ourselves, the preception of ignorance is a huge favtor when people have to read this kind if uneducated banter.
At http://www.YourRemedyIsInTheLaw.com we provide the teaching material and the coaching for our Membership to become Students to LEARN THE LAW; Due Process, Rules of Evidence, etc.
I dont believe its greedy to want it all back…. If an out of control gang of corrupt thieves took your family hostage and occupied your rightful home would you want only one or two family members to be let free? Demanding every square inch of land and every kanaka be restored to our rightful status is the proper way. Don’t give our childrens’ home/country away because you think its greedy to demand full reinstatement. I make it a habit to keep the frame of mind that we Kanaka do lawfully own our archipilago. 1,800,000 acres of aina, 500,000 Kanaka and still “no mo land fo da hawaiians” is what they say. I guess we do need it all back because anything short of 100% is unacceptable. It’s happenin! Gotta love it!
Who is the king then?
IMHO….
We are all Kings And Queens.
Kamehameha lll KAUIKEAOULI was a brilliant brilliant man.
He adopted all of us.
We are in every allodial title.
A brilliant brilliant man.
KAUIKEAOULI Kamehameha lll
LLHK…….Aloha
After spending time talking story with both Dr. Sai and Donald Lewis on the “edification” to the “sanctification” of [this one] important question Whose The King? According to their education and personal spiritual manao along with previous knowledge that King would be none other than; “Alii Nui Dayne Aleka Aipoalani of Kekaha Kauai” Highest ranking Chief of Te Moana Nui A Kiva / (TMAK) “Royal Union Of Pacific Nations.
Aloha
Who ever this leader is I pray He or She has wisdom from God above, which will give the wisdom needed to deal with man.
Derek, sorry to disagree with you for Dayne is a self proclaimed king of a kingdom called Atooi that never existed.
When the time comes those with the koko will have the opportunity to bring forth their genealogy and claims for the people to decide, but remember under Hawaiian Kingdom Law there are requirements that you must meet which includes that you must be properly educated, you cannot be charged with a felony and you cannot be an idiot.
Aloha Dutchy
Technically the common people (If that’s what you meant by “for the people to decide.”) cannot vote on who becomes King in the case of the Throne being vacant because there was no successor proclaimed before the Monarch’s passing. Only members of the Legislative Assembly can choose by popular vote on who becomes sovereign of the Kingdom.
Under ARTICLE 22 of the H.K. Constitution, in the case of the Throne being vacant due to no successor being lawfully proclaimed, in which Throne has been vacant since the occupation began, the Cabinet Council (the Executive Branch of the Kingdom) has to call a meeting of the Legislative Assembly who shall elect by popular vote a native Alii of the Kingdom as the new sovereign.
That all of course will take place during the military government’s reign in transaction to de-occupation.
I agree. I am not a Hawaiian born citizen(my fiance’ is) but, after reading this ridiculous fight that Hawaii is going through I feel the need for a rebuttal. Your mention of the above Article 22 of the H.K. Constitution it’s done!!! It’s in writing and “No one” can change it. This is Hawaii’s Constitution. The Legislative Assembly needs to just get busy and appoint the right candidate for the Alii of the Kingdom. I feel it should be one of the High Chiefs. Just call it good. They are already making the most influential decisions anyway: Right?? I just hope for the future of the Islands once-and-for-all fight for what is right for the islands. Everyone has been trying to find fault with something, so they (whoever they are) destroy the islands. Make the locals feel like they are worthless. All they want is “peace and love”. To enjoy the natural rituals and live off the land. Just to be left alone. I really hope the higher ups realize this, and continue to live together to reserve the locals values that they are trying to hold onto. The things that mean the most to them. Their precious “islands of Hawaii”. Amen
Aloha Mr. Dutchy,
Alii Nui Dayne Aleka Aipoalani of Kekaha Atooi Kauai is [not self] appointed; on the contrary! Firstly; All sixteen Polynesian Kings and fifteen Matae Polynesian Queens of Te Moana Nui A Kiva (TMAK) and all their respected Kahunas and High Chiefs cant be wrong. All respectfully and mutually agreed according to blood line and culture were primarily the reason for choosing Alii Nui Aipolani.
If there was “self – anything” it was Dayne [him-self] who had to stand up and stood up when initially asked, then when appointed took upon the kuleana of the Mana Ariki of the akamai Royals. Secondly; I ask you do you believe in Akua and his Manauhane? If so read on, if not don’t bother reading what comes next . . .
“Atooi Nei Te Moana Nui A Kiva” – (In God’s Light Across The Great Ocean Of Kiva). Atooi Nei kala kala wela i ka la pume hana kino i kuu poli, aloha tutu aloha e”
This ancient chant stretches from Kauai to Rapa Nui to Aotearoa to Wadjimup (Western Australia). It speaks of allowing the Warmth of the Sun (aka) Atooi the Light of God into you in order for that light to shine out of you and then; To let it shine. Some will embrace this Light while others will be blinded by The Light; Which are you?
As a witness I will also testify here and now according to the late Joseph Yim Akana, (one of the original “Waikiki Stone Wall Beach Boys”) best friend and good mate of Duke Paoa Kahanamoku whose beloved wife Nadine, (while still alive) along with Donald Lewis and Dr Sai all knew Akana’s tutu wahine was last kahu kuamo’o to Her Majesty Queen Liliuokalani and in saying so “educated myself to recognize “uri nana uri pono” when it came to handing over Her sacred artifacts deemed spiritual icons for the next Royalty.
After Uncle Joseph, in the same manner as his ancestors respectfully before him, I myself held on to for 26 years, the spiritual artifact of Her Majesty know as THE ROSE.
Just for the record, I pretty well met almost every wanna be Hawaiian Alii Nui these island’s could serve up and in the end Aipolani was the chosen one. Believe it or Not!
I respect your opinion sir, whoever you are but Akua has eye’s in the back of his head and on every finger tip.
Who are we to disagree, aloha.
Are you serious??? You really need to do your research instead of believing what they want you to believe…….
We disagree beacuse we have brains that help us see through the nonsense. Ill fly up to Kaua’i and tell your king (notice the lowercase) himself that he ain’t no king. Aloha from Wai’anae.
Also ‘atooi’ is just a mistranslation of Taua’i. Please stop spreading stupidity you’re making my people look plastic.
Aloha Mr. Dutchy “seriously” sir the research has been done however if you or your mate Kanaka wanna come on over to Kauai and talkstory then please do!
Mr. Kanaka when will you arrive l will be glad to pick you up sir.
Derek,
Dayne is a sham, plain and simple!
He is not advocating the Hawaiian Kingdom,
a declared sovereign independent state!
Dayne is promoting the Kingdom of Atooi, it is
not a declared sovereign independent state!
One is real (HK), the other false (KA).
Dayne like Z, are seeking self-determination
to achieve their objectives. Cannot! Hawaii
enjoyed around 50 years of independence
before it was interrupted by U.S. intervention
and its prolonged occupation.
How many years did the Kingdom of Atooi
enjoy its sovereign independence?
He might possess items that may have been
passed along down from royalty, but that does
not make him a shoe in to play a part in
Hawaii’s future!
Dyane’s purpose is to confuse and to deceive,
he has absolutely no idea of Hawaii’s history
let alone its political history, and he doesn’t
even read, what? He claims he don’t need to
read the Bible, the message comes to him,
are you kidding me? If he’s illiterate, how can
he comprehend complex documents, his friend?
I say this with all my aloha, if you forget
everything I said here, please don’t bet
your savings on Dayne, instead put him to
a rigorous test concerning the Kingdom of
Atooi’s sovereign existence!
Hope you see the signs!
A hui hou
Mahalo
If you charged with a feloney under the state its void becase they have no subject matter jurisdiction so every charge from the state has no standing. Charges of fraud has no standing.How can a charge from a foreign private company overseas have any standing? I like know?
Derek, I believe you have been mislead. Read Dutchyʻs reply. There is a system in place called the laws of occupation. Before that starts to take effect, the re-education process needs to be amplified so that there are less people who jump to quick conclusions about who should be Moʻi. The Hawaiian Kingdom is a constitutional monarchy which includes separation of powers. In other words, aside from the fact that you may not be an “idiot”, even if the Moʻi was an idiot, he/she would not have the same power as a dictator. There are regulations on who would be eligible, and who can vote. This would allow for those who are educated to be allowed to have a voice over the general ignorance that has resulted as a consequence of denationalization and Americanization. Keep reading the blog. It is a great starting point.
Aloha Lele, l am not mislead, no not at all, on the contrary once again l am enlighten to the absolute narrow mindedness and disrespect of some people, especially those gentlemen who use slang and make insecure derogatory comments and can only repeat what they have read in books or have heard others folk say. The invitation is open for any such individual to come talk story and share their manao but not their pili kia.
Malama
Derek Glaskin,
Believe what you like we know the truth here and we stick to what our Kapuna & Ancestory revile to us. Just stay blind to the fact and you will see the end results, LMAO!
U.S. government, like other governments in dealing with less powerful peoples, has often used the issue of kingship to create confusion and animosity between the Hawaiian people. IMHumbleO, the question is not who is to be king, but who is willing to unite and together lead the Hawaiian state (state =’s nation in international law).
It’s the unity of people that is crucial to ultimate success on what appears to be a “breakthrough”. The people are the kings and queens in our present age. Let’s unite together under good governing practices established today, and not fight over who is the so-called king. The 90 nations that recognized Hawaii as a sovereign state did not do so because of one king but because of the Hawaiian land, people, and culture that continue to exist and will continue to exist whether there is a king or a government body that leads towards a future that many can respect and therefore support.
This U.S. judicial decision is another step towards the justice required for a new day to rise over the nation state of Hawaii.
The us no more goverment they have a private military corp, thats bankrupt, thats why they occupy other countrys cause they broke . China has the entire federal reserve bank and they bartering with the world with Americas assets they dont even have a peoples army, its private every gun ,bullet ,ship etc. America nomore ,They pau!!! they pleage alligence to one ghost. Brain wash is powerful, its so strong for them that they actually beleive they have one country!!!The corp runs on the peoples money why cause they broke!!!! Dont buy any of it if you do then you give them power, Common Maui its time!!! lets all push for jail time for Mr, Cardoza, hes way over due!!!Hes not above the law it was done with intent hes frauded tons of us war crime after war crime thusands of counts , and we gotta go jail for one ticket!!!We should go down to the court room all the kanakas and demand that he be taken into coustody hes not above the law he a criminal broken down peoples houses etc. hes a real criminal no give him nothing!!!!He no deserve no break!!! Thats for sure!!!!!! Off with his head!!!! Ha!!!HA!!!HA!!!!And long live Hawaii!!!!!!
It would be nice to see the paper work for all this so that we all could have a base to work from that would be a big help to everyone!!!!And the international war crime complaints and all that!!!!
Remember in 1875 when there was no direct heir, Hawaiians held an election, won then by David Kalakaua. Certainly that would be the right procedure again after such a long period of dormant government.
I think uncle Able from the Big Island should be king because the wisedome and the honesty and hes with Akaua and actually he was one of the first to broke ground. And I truely beleive that the Kingdom would be off to a good solid start with good leadership and honesty and respect for others!! long live the king!!! We should have a vote. And everyone should meet the canditates and choose for them selves!
As Professor Chang had stated: “This is groundbreaking”!!!
The kingdom of hawaii was recognized in federal court in 1989 on oahu by andropolis ka awaa ka moi with able lui simeona and my self as well it had not been recognized for over one hundred year. The court said state of hawaii verse the kingdom of hawaii and that is all it took fed eral recognition ,,the kingdom of hawaii exists. Respect
Yes it has been done before, the ground been broke and Uncle Abel is the one who has done much of this hana nui.
True that uncle Able I Love him I had the great honor to meet such a humble educated man, Uncle Able God bless u you did broke ground ,True wisdom and honor and respect, He should be King he akamai but wise and humble, A kopuna with wisdom thats what the kingdom of Hawaii need good leadership, Uncle Able would make a fine king, long live the king!!!
This has been a long time coming. Proud to be HAWAIIAN!!
unfortunately the audio on the attached video sucks but anyway congrats on the good work Kaiama and Sai on precedent setting State of HI vs English & Doduit. Looking forward to Hawaii Supreme Court ruling on this matter. I may have to get my passport in order soon if Hawaii becomes an independent country again as a result of this.
Aloha John,
I was having a hard time hearing the audio as well. I tried using a pair of apple ear plugs and they worked fine, I could hear everything that was said.
A Hui Hou
Dr. Sai and Attorney Dexter Kaiama, you have cemented evidence into the court’s records, for all eternity, that the Hawaiian Kingdom continues to exist. Mahalo Nui
Way to go Anakala Keanu Sai..Holomua keia.
This is history and I am grateful to Our History makers Dr. David Keanu Sai and attorney Dexter Kaiama, everything was presented so well.
I’m grateful for Judge Cardoza’s Judicial Notice that the Hawaiian Kingdom Does Exist!
Mahalo plenty!
KUE
Another day in the Kingdom of Hawaii.
Mahalo ke Akua
Don’t forget to thank Mr Lorenzo!! He’s been fighting his whole life for the Hawaiian people to get back their land.
If you don’t about Lorenzo ask the great DR Sai. He sat on the same porch as the rest of us learning everything Lorenzo had to teach.
I think it’s funny after all these years
DR Sai could’ve easily helped Lorenzo in many ways and never came to lend a hand but easily jumps on Lorenzo’s back for a lil help when it suits him.
Yes I believe some thanks and maybe even an apology is in order here for uncle windy!!
Lua, it appears that not only do you have your information and facts mixed up, but I appears that you are upset with Dr. Sai for what reason??? Who knows…… So, if you want thanks to Mr. Lorenzo….Thanks!!!
But remember he was not the only one so, thanks to ALL those who were taken to court and had their rights violated…..THANKS!!!
God bless the King. check out this link. http://kingdomofhawaii.info/
Sorry, not OUR king!!!
I will have to agree with you Dutchy. This Royalty item is not an option at this time. If there were a Royal alternative it would have shown it’s hand by this time, like the normally expected “white swan”. In a 121+ years it has not manifested itself. But what has made it’s appearance finally, is the unexpected “black swan”, the reappearance and Restoration of our Hawaiian Kingdom Nation. Who would have thought we would survive Sanford Dole’s false Republic. We must also avoid the distraction of the reign of Royals, as of this moment it is truly divisive and impractical. The na poe Maka’ainana has endured this grueling century long and painful experience and has brought to the world stage finally our re-emergence. Mahalo to our na Me’e for all of their efforts.
Yup there going to start coming out of the wood works. Not the right time.
Aloha brandon, you mean don’t be greedy like the U.S. and look after only their best interest for all these years with lies that they own Hawaii. Following the law is always the right thing to do. We all need to follow the laws of occupation while they are here and if those laws dictate that one day they need to leave then how could that be foolish. If they had followed their own laws from the begining none of this would have happened. Our people wouldn’t have been made victims of war crimes and they wouldn’t have been able to get into your head and create this stockholme syndrome mentality that alot of people suffer from. Don’t be kept in bondage and afraid of doing the right thing. The truth will set us free. Do not be deceived and look to the sinner to be your savior. Look to Ke Akua to deliver you from the sinners and bless or nation. Our Queen and Kupunas knew this and it is now coming to fruition.
Yes we must ALL look to Ke Akua!!!
Like my kamalii says, “wow, just wow!!” Mahalo nui!! It’s always a pleasure to read about your battles and celebrate in the victories!
Mahalo! Mahalo! Mahalo!
Justice at last!!!!
Mahalo that our Kingdom of Hawaii since the illegal takeover of 1893 by American criminal Bullies to include their own Congressional leaders continues to force them to right their own “wrongs” today, laying at loss, their own generations of innocence! As grateful as I am, are my concerns for the generations of those non-Hawaiian bloodlines whose love, support & interest are seeded in our islands, culture & people. It is time to really stretch our PONO as never before!
Aloha Tom, sorry to burst your bubble but their is a legal process under Hawaiian Kingdom Law to establish the Monarch that would fill the executive seat as King or Queen. This guy (Silva) has not followed HK law and can only be given the same recognition as the Provisional Gov’t, Republic, and State of Hawaii. They are all self proclaimed with no standing in law except for being treasonous to the Hawaiian Kingdom. I can’t believe that with the information, education and technology we have today that people can be so misinformed and ignorant. Come on people, get it together.
We watched the video online on Wednesday. The Audio was excellent. Is there a reason why now the audio is so messed up. Looks like someone deliberately messed up the audio.
Please people of Hawaii and at Heart lets together and get all the legalities and social and spiritual and economical issues settle amongst one another let us make this gap between one another non existence. Please let us not give those in government evidence and proof that the people are unstable and in constant disagreement. Let us unite, for united we stand divided we will fall. Aloha mai kakou.
Aloha robert, can you provide the case number for the federal court case you mentioned in your post. I need to research your case in order to validate your claim. Mahalo
To hear and read about this is awesome. God, bless everyone who had a hand in this situation, with wisdom and knowledge to continue the work, perseverance to stand firm in the truth. Bring forth worthy leaders to guide us into the future, blessing all of us beyond measure.
Oh, yeah!!! Another strike! Once again, the U.S. Government, along with the so-called State of Hawaii government had their chance again to prove that Hawaii is legally a part of the United States. But according to the defense under Deputy Prosecutor Phelps, who represents the so-called State of Hawaii government, he did not object to Dr. Sai’s testimony, nor did he provide any evidence whatsoever to contradict Dr. Sai’s testimony of expertise which provides that the H.K. still legally exist and has never been extinguished!
Just like at the Permanent Court of Arbitration in 2000 and just like October 2014–the U.S. Government had their chance to prove that Hawaii is legally a part of the United States, they did not do it. I would start drawing up some plans soon to provide for the transition to de-occupation, which will take 7-10 years……..
I cannot wait for Switzerland to become Hawaii’s protecting power. That, I can confidently say, is the beginning of things to come……..
It’s very heartwarming to see all of the different opinions being expressed. That is what
our kupuna’s enveloped. Today we call it communication. Become full sided and open mindedly look at and respect all of the opinions along with the facts.
Only then will us Hawaiians become a serious force to be reckoned with.
Mahalo e Malama Pono Dr. Keanu Sai.
I want to point out that the tile of this blog is misleading. The Judge didn’t “RULE” that the Hawaiian Kingdom exists. The Judge took judicial notice, which basically means he accepted the document as evidence without protest from opposing counsel. It doesn’t mean that the Judge took a look at the content of the document and ruled that the Hawaiian Kingdom still exists.
Saying so is lie.
This is like the Larsen case all over again when it was said that the Permanent Court recognized that the Hawaiian Kingdom continued to exist – when it did not. The Permanent Court accepted the claim, by one of the parties to the dispute that it existed. The Court even concluded that it made no determination if the Hawaiian Kingdom continued to exist.
Lies… we need more truth and less spin.
Said so gracefully by a spin artist himself. Hey “Z”, a judicial notice means that the argument of the existence of the Hawaiian Kingdom cannot be disputed anymore in court and it is now a valid argument with no objections by the prosecution. So you are somewhat correct, but a judicial notice can greatly influence a ruling, or in this case, a dismissal to a military court.
As for your comment on the Permanent Court of Arbitration, Hawaii has been to the PCA, which means that Hawaii can go back. The fact that Hawaii was there, is in fact a recognition of existence. It is a court that provides services to the international community, not for people that just want to complain.
You would make a really good politician though!
It just means there wasn’t an objection from opposing counsel. To quote a law professor who teaches Evidence:
“If a judge took judicial notice, even without objection by the prosecutor, that today is Christmas, that doesn’t make it so.”
The PCA isn’t the ICJ, where recognized States are parties. The PCA provides a dispute resolution mechanism that doesn’t require parties to be States – obviously, because they allowed Sai in there.
It’s not for the PCA to determine whether a group alleging to represent the government of a State with questionable existence is actually a representative of that State in question.
You should probably read the PCA procedures and not just Wikipedia.
Still, what you’ve stated does not dispute the fact that Sai lied when he said the PCA held that the Hawaiian Kingdom still existed – which the PCA had not done.
Its seems that you are against the work being done by current scholars. With your expertise in this area, would you please assist is educating the world. At least Dr. Sai is doing something positive with his education campaign. If you have undisputable evidence against all that Dr. Sai has done, like a treaty, then do share.
Not really, no. Lying to you is positive? Yes, I do have evidence that Dr. Sai is lying – in fact, Dr. Sai produced that evidence on this blog article.
He wrote:
“Judge Cardoza refused to dismiss the criminal complaints”
Now, if the Judge refused to dismiss the case, then he certainly didn’t rule that the Hawaiian Kingdom still exists.
First, for the Judge to have ruled that the Hawaiian Kingdom exists, means that the issue at bar was whether the Hawaiian Kingdom still exists. That is not the issue.
The issue is an alleged crime. So, the Judge can only rule on the issue.
Off the bat, anyone who knows law would know that a court cannot rule on whether a State continues to exist. Not even the International Court of Justice can rule on whether a State continues to exist.
The title of the blog article was BS to begin with and the BS just ran amok as the article went on. Your choice if you want to believe the lie.
Speaking of being “against work being done by current scholars,” what about the scholarly work of Z? All of his questions about Dr. Saiʻs work are valid and I think a necessary part of the process of restoring a nation. Mahalo for sharing your thoughts here!
But doesn’t it mean that it’s taken as fact until someone proves otherwise?
For instance with your example of a judge taking judicial notice that today is Christmas, wouldn’t it be considered as a fact in court until someone proved otherwise?
Given that the prosecution had no objection to the evidence, wouldn’t that mean that they also accept it to entered as fact?
Evidence with theory = fact….right?
No Mike it does not mean that. Take a look at the “findings” in other complaints Keanu recorded and youʻll see that its NOT Christmas even if the Judge says it is. Are we a state or nation because a judge says we are? No and this why I donʻt hand too much on what judges or courts say. There are NO war crimes in Hawaii according to the investigation. Who do you believe?
No mike it does not.
Z, there you go misleading people again.
How do you know that the judge and the prosecutor didn’t review the documents when they were submitted to both the judge and the prosecutor well in advance of the hearing for their review. In order for the prosecutor to object in accepting Judicial Notice he would have to have irrefutable evidence to support his objection and in order for him to do that he would need to review all of the evidence and he did being the reason why he said that the “State has no objections” to accepting Dr. Sai’s testimony, his expert memorandum and the evidence presented as Judicial Notice.
I have personally witnessed a lot of attorneys that are hired by the banks and those retained by my own brother not even bother to review the evidence we presented show up in court and simply say: “Your honor based on the 1959 Statehood Act the State of Hawaii has jurisdiction so, we demand that you rule in our favor”. That is it and yet the evidence we provided clearly proves that without a treaty the Hawaiian Kingdom continues to exist, the 1959 Statehood Act is INVALID and as such the State of Hawaii and its courts are illegal and unlawful with NO Jurisdiction!!!
So, what you are really saying is that the judge and the State of Hawaii’s TOP PROSECUTOR simply went through the motions and never reviewed the evidence in advance before appearing in court??? Are you serious???
You claim to be a law student so, is this how you operate as an attorney by making statements even under oath without reviewing the evidence or getting your facts straight???
I would hate to be your client, but on the other hand isn’t this what you do all the time??? It sure appears that way……
Actually, misleading is saying Judge Cardoza ruled that the Hawaiian Kingdom still exists when he did no such thing. The case is not dismissed, so obviously he didn’t rule that at all. The entire basis for Dexter’s motion to dismiss is that the court has no subject matter jurisdiction – if it didn’t… case dismissed. Again, the case is not dismissed.
I don’t need to know if the Prosecution or the Judge reviewed the material in detail. All I needed to know is that the case was not dismissed. Again, if it was dismissed, then obviously, the Judge believed the court had no subject matter jurisdiction. However, the case continues on, which means Judge Cardoza DID NOT RULE that the Hawaiian Kingdom still exists.
It’s as simple as that. I’m trying filter out all the kool-aid here, but it seems like you guys like to keep drinking it.
Judicial notice is judicial notice… it’s not a ruling. It allows something to be entered in as evidence and opposing counsel has an opportunity to protest. Here, all it means is that the prosecutor didn’t bother disputing it, probably because he knows Sai’s testimony isn’t going to affect the outcome of the case. It would be a waste of the Prosecution’s time to put up evidence to debate Sai’s testimony, when the Judge need only looking around to see that the Hawaiian Kingdom doesn’t seem to exist. That’s most-likely what the prosecution was thinking.
I am a law student. (proof: https://www.law.hawaii.edu/article/zuri-aki-16-hawaii-and-war-consciousness ). Let me help you out with understanding the case a bit.
Some guys on Molokai broke State of Hawai’i law when they boarded another person’s vessel. They were prosecuted in Maui Circuit Court.
Kaiama, representing the defendant (Molokai guys), filed a motion to dismiss for lack of subject matter jurisdiction. Judge Cardoza denied the motion. Kaiama, petitioned for a writ of mandamus from the Supreme Court, which would compel Judge Cardoza to dismiss (we have no update on whether the Supreme Court will).
During the evidentiary hearing, Kaiama requested the judge take judicial notice of Sai’s testimony. The Prosecution did not protest and judicial notice was taken – this doesn’t mean that the Judge looked at the evidence and believed it to be true. All it means is that the prosecution did not protest and the defense can now rely on that testimony in its defense. This doesn’t mean that that evidence is going to help them in their case. All it means is that they can rely on it as evidence.
The issue here isn’t whether the evidence is true. It’s just in there. Sai could have told a story about Earth blowing up and if judicial notice was taken, it doesn’t mean Earth was blown up. It means the defense can use Sai’s testimony, but it doesn’t mean it’s going to help them.
I hope that helps you to understand because blindly following the lies gets us nowhere. I want Hawaiians to be taken seriously. We aren’t going to get that if we keep jumping on to these misguided legal interpretations that serve one particular person’s financial agenda.
Z, you have a lot to learn and remember for as they say: “Be careful in what you say and do because it can come back to hurt you”. So, by all means continue…..
Who’s going to hurt me? You? So, now you’re making threats because I told you the kool-aid you were drinking ended up being cat piss?
Hoihoi… Spin away Mr. Z. Your insurgecy has already overthrown the government, but proof still has yet to be shown for the transfer of sovereignty of the nation state. If you disagree with Dr. Sai, give evidence that Hawaii was lawfully taken under international law. Otherwise, he kani nui ko ka ipu pala ole.
Lele, have I made a claim that the Hawaiian State no longer exists? I did not. I said that Judge Cardoza did not rule that the Hawaiian Kingdom still exists.
Do I believe the Hawaiian State still exists? Yes, I do. What I don’t believe is that Dr. Sai’s corporation is the government of the Hawaiian State. I also don’t believe the lies that are being spread in order to promote that said corporation.
The Hawaiian Islands were claimed by the United States – taken illegally. Is that the only thing that stands between extinction and the continuity of the Hawaiian State? No it does not.
If you want to rely on international law, then you need to understand that there are a great many international legal principles that could be used to support a case against the continuity of the Hawaiian State. One such principle is acquiescence. Another is acceptance.
Just because something illegal happened 122 years ago, does not mean there is a remedy under international law. A great many illegal things happened over a century ago to which international law will not recognize a remedy because international law wasn’t fortified in the 19th century – it was still developing.
Just because something exists under international law today, does mean that it is applicable to the events which had occurred on January 17, 1893. There is a principle of non-retroactivity in international law (cannot apply a law to a situation that occurred before the law existed).
Was it illegal for the U.S. to overthrow the Hawaiian Kingdom government? Yes. Did that internationally wrongful act create an obligation to which reparations are owed? Yes. Was it morally wrong? Yes. Did it suck? Yes.
So, what then? What is the U.S. obligated to do? In 1894, President Cleveland believed the US was obligated to restore the Hawaiian Kingdom government. That same year, US Congress believed it was obligated to let the Hawaiians figure things out for themselves – and they pulled out of the Hawaiian Islands.
What now?
Who’s going to force the US to do something it doesn’t believe it has to?
The ICC like Dr. Sai suggests? Wrong. Neither the US nor the Hawaiian State are parties to the ICC. The ICC works with local law enforcement to apprehend criminals. Is the FBI going to arrest Obama for a court order established by a treaty to which the US is not a party? I don’t think so.
So, like I said. You can keep believing the lies or you can start asking why someone is blatantly trying to lie to you. Then follow the money trail.
We need to address the stage proscutor as only states hired false witness. Nothing else they giong non here say all that supposeto be stricken from the record the need to show an injured party or dammages is vital to a proceeding. How can the state be injured when it doesent exisist, how can a judge be injured whwn he wasent their at the scene? Whats up with all that junk?
“This is like the Larsen case all over again when it was said that the Permanent Court recognized that the Hawaiian Kingdom continued to exist – when it did not. The Permanent Court accepted the claim, by one of the parties to the dispute that it existed. The Court even concluded that it made no determination if the Hawaiian Kingdom continued to exist.”
Wait, what!? What do you mean “when it did not”? Are you saying that the H.K. does not exist? Because, Z, if the Hawaiian Kingdom does not exist, then that means that we are legally a part of the United States and if we are legally a part of the United States, there would be a treaty of cession to prove that! Is there a treaty of cession? The United States Government was given a chance to prove that at the Permanent Court of Arbitration and they did not.
Iolani, I am not saying that the Hawaiian State does not exist. I am saying that we have been told before by Dr. Sai that a court ruled on something when it did not.
Dr. Sai has stated that the Permanent Court of Arbitration in Larsen v. Hawaiian Kingdom ruled that the Hawaiian Kingdom still exists. The PCA made no such ruling.
Dr. Sai also stated here that Judge Cardoza ruled that the Hawaiian Kingdom still exists, when Judge Cardoza made no such ruling.
The United States was not given a chance to prove anything at the PCA because it was not a party to the arbitration (the US was not there). Lance Larsen and Keanu Sai were parties to the arbitration and they concocted some kind of dispute in order to get the PCA to recognize the existence of the Hawaiian Kingdom – but recognizing the existence of a State is not within the capacity of the Court.
My point, that people seem to be missing, is that we are being lied to – not about Hawaiian State continuity – but about things that Sai is doing (like this particular case, for example).
I don’t know why he is misleading people. It’s seriously confusing. He either doesn’t understand what’s going on in the legal proceedings or he’s intentionally misleading people. If it’s intentional, the issue is why?
Why couldn’t he just say Judge Cardoza refused to dismiss the case and that Dexter Kaiama was petitioning for a writ of mandamus? Why did he have to lie about a ruling that never happened?
The lie being told is incredibly dangerous. It’s important to understand that Sai isn’t the defendant, there are three Molokai men on trial here. If Sai is telling all of us this flat out lie, then what message is he conveying to these Molokai men?
I just don’t understand why lying is so necessary here. All it seems like is Sai self-promoting. He spent a large portion of the article talking about himself. What about the Molokai men?
Aloha e ka hua leka “Z”, I am going to try to reason with you. Let us first look at these lines that you wrote,
“Do I believe the Hawaiian State still exists? Yes… Was it illegal for the U.S. to overthrow the Hawaiian Kingdom government? Yes. Did that internationally wrongful act create an obligation to which reparations are owed? Yes. Was it morally wrong? Yes. Did it suck? Yes.”
As I read this, it seems like you agree with all that Dr. Sai is advocating for, along with most others. However, he is being called a liar because of some things that may, or may not be misleading. Let us try this… rather than point a finger of blame on someone else that is doing something, it may be more beneficial to the Hawaii, and the world, to clarify how it might be misunderstood and how to better understand it so that it can be comprehended and remembered.
This might be a better path to take than to attack. In the end, we are all basically advocating for the same thing, but coming from different angles. This can be a good thing. Passion can be our friend, and our worst enemy. After all, aole pau ka ike i ka halau hookahi, you represent your viewpoint, and others represent theirs. If we are all in one big waa trying to get to Waikiki, and everyone including yourself wants to get to Waikiki, why then would you try to pull to Ewa on every other stroke. It only slows us down.
In closing, your points have been taken. We understand that you believe Dr. Sai is a “liar”. Calling someone out like that does not help anyone. In the future, think of the larger picture, and do your part to assist in the re-education process. I am pretty sure that you would agree that denationalization is a very real struggle that needs to be overcome. Rather than trying to undercut those who are trying to provide a solution and a path, create your own. You never know, it may gain a strong following and blend in with what is already being done.
This is my attempt at peace. Let us stay WITH each other as support and offer different opinions with respect. To lash out at each other is only to fall right into the hands of what the insurgency intended.
Everything the current generation dose must be done for they who are yet to be born five generations hence. Fighting over who’s going to be king, queen or ruler is selfish and shameful and must be avoided at all cost.
Bottom line, Z, is saying Cardoza made the right ruling not to dismiss the case and the court has jurisidction regardless of the constitutional limitations of U.S. Congressional laws beyond it’s borders. Furthermore, Z, agrees with Cardoza the State of Hawaii courts are properly constituted. Did I miss anything else Z?
Judicial notice is the act by which a court recognizes the existence and truth of certain facts that have a bearing on the case. “All courts are bound to take judicial notice of the territorial extent of the jurisdiction exercised by the government, and that extent and boundaries of the territory under which
they can exercise jurisdiction.” See 29 Am.Jur.2d Evidence, §83 (2008). “State and federal courts must
judicially notice all treaties [executive agreements] of the United States.” Id., §123. “When considering
a treaty [executive agreement], courts must take judicial notice of all facts connected therewith which
may be necessary for its interpretation or enforcement, such as the historical data leading up to the
making of the treaty [executive agreement].” Id., §126.
Rule 201(d) of the Hawai‘i Rules of Evidence (HRE) states that the Court is mandated to “take
judicial notice if requested by a party and supplied with the necessary information,” provided the
Defendant supplies the Court with data consistent with the requirement of Rule 201(b). See Rule 201
Commentary, Hawai‘i Rules of Evidence, at 401. HRE Rule 202(b)(2) provides mandatory judicial
notice of law, which includes executive agreements.
All courts, including state courts, take judicial notice of United States treaties, which includes
sole executive agreements. State v. Marley, 54 Haw. 450, 509 P.2d 1095 (1973). The contents and
interpretation of treaties and sole executive agreements that are part of United States law and that are
invoked as applicable law in case are not matters for evidentiary proof. Id.
ENGLISH hereby formally requests this Court to take judicial notice pursuant to Rules
201(d); 202(b)(2); and 902(5), Hawai‘i Rules of Evidence, of the following: (a) Treaty of Friendship,
Commerce and Navigation, Dec. 20th 1849 (9 U.S. Stat. 977); (b) Treaty of Commercial Reciprocity, Jan.
13th 1875 (19 U.S. Stat. 625); (c) Postal Convention Concerning Money Orders, Sep. 11th 1883 (23 U.S.
Stat. 736); (d) Supplementary Convention to the 1875 Treaty of Commercial Reciprocity, Dec. 6th 1884
(25 U.S. Stat. 1399); (e) Hague Convention, IV, October 18, 1907 (36 U.S. Stat. 2277); (f) Geneva
Convention, IV, August 12, 1949 (6.3 U.S.T. 3516); (g) Exh. “2” to Declaration of David Keanu Sai,
Ph.D – “Expert Memorandum on the Continuity of the Hawaiian Kingdom as an Independent and
Sovereign State (Nov. 28, 2010)”; (h) Exh. “2A” to Declaration of David Keanu Sai, Ph.D – Lili’uokalani
Assignment; (i) Exh. “2B” to Declaration of David Keanu Sai, Ph.D – Restoration Agreement; (j) Larsen
v. Hawaiian Kingdom, 119 International Law Reports 566 (2001); (k) United States v. Belmont, 301 U.S.
324, 332 (1937); (l) United States v. Curtiss-Wright Export Corp., 299 U.S. 304, 318 (1936); (m) State of
Hawai‘i v. Lorenzo, 77 Haw. 219 (1994).
13
Based upon the foregoing, as the Circuit Court of the Second Circuit (as well as all courts of the
State of Hawaii) is not a regularly and lawfully constituted court, it cannot provide Defendants, pursuant
to Hamdan, a “fair and regular trial” guaranteed them under the Fourth Geneva Convention and that the
Court’s continued retention of jurisdiction over STATE’s Complaint in the illegally occupied territory of
Hawai’i violates international law as well as U.S. Federal Law, 18 U.S.C. §2441 enacted by U.S.
Congress in compliance with the Geneva Convention, IV.
Wrong. You just made all that up so that you can continue on with your strawman fallacy. It’s easy to argue against something when you made the argument up yourself.
Bottom line actually is, that you have no idea what I’m saying. So, let me be clear.
Dr. Sai, or whoever is writing this blog article has lied when they wrote, “State of Hawaii Judge Rules Hawaiian Kingdom Still Exists.”
Why is it a lie? Because Judge Cardoza, the “state of Hawaii Judge” as titled, DID NOT rule that the Hawaiian Kingdom exists.
The case isn’t about the continuity of the Hawaiian Kingdom. The case is a criminal proceeding. The Judge can’t make some random ruling on something that isn’t at issue. Again, the issue isn’t the continuity of the Hawaiian Kingdom, so the Judge couldn’t make that ruling even if he wanted to.
Clear enough for you?
No need notice nothing they no more court , they staging everything , how can you have a court with out jurisdiction, Its impossable, but they staging one!!Federal rule of civil proceedures 17 says they dont have jurisdiction and they cant civil proceed , Because they have no court aginst us, thats to keep them constitutionally complyent overseas. So Mr cardoza suppose to be locked up as we blog, his oath is dust!!!! no excuses!!!
Z, Why are you double talking and contradicting yourself? You say the United States did not legally obtain Hawaii right. That means they have no sovereignty or title to Hawaii. So why suggest that this judge can even hear this case. You say… “The issue is an alleged crime. So, the Judge can only rule on the issue.” If the U.S. has not legally obtained Hawaii like you said, then the court is not properly constituted and has no jurisdiction.
No more double talk Z. Are these courts properly constituted?
If they are not properly constitued then provide the legal remedy to shut them down or go back to school.
Just because what I’m saying is too complex for you, doesn’t mean it’s double-talk. It just means that you’re having trouble comprehending. No worries, it happens.
The United States did not obtain the Hawaiian Islands by annexation. Acquiring the Hawaiian Islands through a joint-resolution of Congress is not legal — so no, the US did not legally acquire the Hawaiian Islands through “annexation or joint-resolution.”
Do you know what subject matter jurisdiction is? What’s the subject matter at bar here? Big hint, it’s a criminal trial, so there was an alleged crime involved. The subject matter is the crime. If it’s a crime under the State of Hawai’i, then State of Hawai’i courts have jurisdiction over that crime (they have jurisdiction over the subject matter).
We’re not talking about personal jurisdiction here, this is a subject matter jurisdiction issue – and State of Hawai’i courts have jurisdiction over State of Hawai’i laws.
Are you saying that there is no such thing as State of Hawai’i laws? If so, then good luck convincing the entire State of Hawai’i that its entire legal system doesn’t really exist – that they’re just plugged into the matrix imagining everything.
What is the legal system? It’s a system of laws governed by society. Whether or not the US has a legal claim over the Hawaiian Islands, there still exists a society living in these islands that govern a certain legal order.
This might be a little too complex for you to understand, but I’m trying to make it a bit easier. If you go out and rob a bank, do you think you can get away with it because Dr. Sai said the Hawaiian Kingdom continues to exist? Nope. Because whether or not you believe the Hawaiian Kingdom continues to exist, the US government is here with enforcement power and they are enforcing their laws. It’s their laws. It might not be our laws, but it’s their laws and its real. That the subject matter at bar, their criminal laws and they have jurisdiction over their criminal laws.
You asked me if the State of Hawai’i courts are properly constituted. They are, under the State of Hawai’i constitution.
Does the State of Hawai’i have authority over the Hawaiian Islands? Take a look around and you tell me. What is sovereignty? Exercised control or the idea that you could be in control if someone else wasn’t?
Yeah, the US took the Hawaiian Islands without majority Hawaiian consent. Yeah, that seems pretty illegal. Does that mean the State of Hawai’i doesn’t exist? Again, take a look around and you tell me.
From where I’m sitting, as illegitimate as its establishment may have been, the State of Hawai’i seems to be in control and it seems pretty real. When’s the last time the Hawaiian Kingdom ever manifested itself in similar character? 122 years ago?
So, to answer your question again. The constitution is the law of the land. Right now, it seems like the State of Hawai’i’s constitution is the law of the land – because of that, the State of Hawai’i courts are properly constituted. You can challenge it, but you see how Dr. Sai is appearing in US courts and Americans aren’t appearing in Hawaiian courts? It just goes to show you whose legal order we’re dealing with.
How we know he judge? Who said? He gotta prove jurisdiction first before he can be judge, Who said they have one court ? They gotta prove that they have jurisdiction before they even come close to having one court!!! so what judge and what court? No jurisdiction!!! What? They no more nothing , private company out of the united states overseas,scare tactics and terrorist attacks on civilians to instill fear so you do what the private company like you do which is submit, they use the private agency MPD on Maui for attack civilians to scare them into submission with no subject matter jurisdiction they are not article 2 military agents under the geneva convention there for, they just attacking the common law public under color of law. color of law is private administrative rules that is discised as law. When really its not law at all. So they attacking cavillions on no law at all!! No law. nojurisdiction, no courts at all like I said its a stage. All the outside owned busneses owe us money !!! The tourist industry over all not benefiting the majority of Kanakas. we get all the redneck , and Pi fresh off the boat trespassing in our economy!!! They come here on behalf of a foreign company.They no more right to nothing!!!!How can a foreign private company give a complete alien rights overseas??? Tell me? I like know? That goes for Americans all of them HOW?Disnocan cuz!!!!!
Z, answer the question. Are these courts properly constituted?
If they are not properly constitued then provide the legal remedy to shut them down or go back to school.
Clear enough?
Kekoa, go back and read what I wrote because I answered your question more than once.
Clear enough?
No becase we dont know if they have a court? And as a matter of fact they cant prove that the state of Hawaii even exisist!! And they have a court , how? Tell me how? I waiting!!!I told you its a stage thats all it is!! Wake up!!!Legal doesent mean lawful legal means a bilateral agreement between two parties on a contract with two parties signatures in agreement thats what legal means. Now if you talking lawful then its in complyence with the constitutions and the common laws of the occupied cuntry the common laws of the occupied county is the only law thats inforceable under rules of war and under the laws of nations , so the answer to your question is no the not constituted properly . They dont even have a court!!! Its a stage even the lawyers are ingageing in war crimes !!!!!The State the county is all foreign made up agencies that have no subject matter jurisdiction no rights no nothing so agin the answer is no!!!Disnocan cuz!!!!Thats the answer no!!!
Z, you are only pointing out things we already know regarding the use of power in Hawaii but provide no real solutions. Your legacy and contribution to this blog seems to be nothing more than criticism. Waste time.
Kekoa, what contribution have you made beside parroting what Keanu has already been saying? You’re asking me for a solution to a problem that has persisted for over a century. Maybe you should be asking Sai, because I still don’t see a viable solution anywhere – other than everyone Hawaiian just getting together and creating their own government.
De-occupation? Well, someone needs to let the U.S. know that it should de-occupy the Hawaiian Islands, because no power on this planet is going to force it to do what it doesn’t want to. Maybe you have a solution to get the US out?
Hint: study the relationship of the USSR to Lithuania and how it regained its sovereignty in 1990 after 50 years of similar occupation. I describe this parallel circumstance in my book, Liberate Hawai’i! What they DID with that sovereignty (align with US policies) is a separate question. As that empire collapsed, so in many ways, that of the US is doing likewise. At the right time, they will be unable to retain it.
you waste time because you dont know how many cases i won and how many tryals have you been threw i won every case i had and I have up and coming stuff .Seems like you dont like my answer well too bad! you must be houle my answers are based on facts and law , you reconize the state so what you contrubute you waste time with your stupid questions!No blog you nocan cuz!!!!!!You dont even know the difference between legal and lawful. U stupid!!!! look at your stupid questions only one houle going ask that!!! you dummy!!!You so stupid you reconize somthing thats not even their, you American I can tell already!!American nocan!!!cuz!!Find somthing else to do, thats my advice to you!!!!You reconize that they have a court in your question you stupid!!!Disnocan cuz!!!!
You seem like the stupid one here because you’re the one talking in pidgin. You claim to have been to court and yet you don’t know how to even write? What a disgrace.
It is very clear Z. You are attempting to smear Dr. Sai’s reputation. “Dr. Sai is lying. Dr. Sai is lying.” Is that the best you can bring to the table? Dr. Sai may not know everything, but he is the expert in this field and has an irrefutable argument.
Your window of opportunity to further mislead our people has closed. The many people that maintain your ” old school” mentality will fall by the wayside.
The biggest problem you and your hui gonna face is that most Hawaiians can read and we are really observant.
It’s not my intent to smear Dr. Sai’s reputation. I didn’t make him lie about what happened in that court room. By his own words, or whoever is writing these blog articles, it’s quite clear – the judge DID NOT RULE that the Hawaiian Kingdom exists.
Is that not contrary to the title of this article? Dr. Sai may not know everything, but he would surely know if the judge did or DID NOT RULE that the Hawaiian Kingdom exists.
It’s quite clear. If the judge denied the motion to dismiss, then he obviously did not rule on anything.
What’s his irrefutable argument? That the judge ruled that the Hawaiian Kingdom exists? It’s not irrefutable, I just refuted that. By the context within his own blog article Dr. Sai has refuted his own claim.
If you can read, then you need to read other discussions on this issue and not the spin being worked on this blog. Go here: https://www.facebook.com/groups/hawaiilegalstatus/permalink/787243338041480/
You’ll find that I’m not the only one who recognizes the lie being told. There are reputable lawyers who also recognize the lie. See their words for yourself.
I’m currently in law school. I have access to law school professors. I have already asked an Evidence professor to review this blog article and he came to the conclusion that a lie is being told. Today, I have a meeting with Professor Chang and I’m going to clarify his statement, since it appears that whoever is writing this blog interjected their own opinion into Professor Chang’s statement.
The judicial matter of the “Kingdom Hawaii” is not the only one “judicial irritation” I know. Just have a look to Germany. Many Germans think they live in the “Federal Republic Germany” But by international laws they are Citizens of the “Deutsches Reich” because after Worldwar 2 the Reich was not dissolved and the FRG is an business company ltd. What a fraud to the people.
In reading your last post, Z, it describes what sounds like an occupation situation, wherein the State of Hawaii is a puppet govt. Those are your words that make it sound that way. And I’m not a law student, just a kanaka. It seems to me that regardless of a blog title, which is far and away, little,compared to a legal document, the magnitude of what was accomplished in court is something to be celebrated by those who would like to see justice for what has been accepted by all levels now, as improper and illegal meddling in foreign affairs.
Continue on w/ your disapproval; it will only keep the watchful sharper. It’s the childish tone that’s like nails on a chalk board.
Aloha.
Aloha e Noelani,
That’s the thing, though, what exactly was accomplished in court? The article makes it sounds like something was actually accomplished, but the motion was dismissed, which means the trial will go on, and while judicial notice was taken of Sai’s testimony, that doesn’t mean the court accepts Sai’s testimony as fact. All it means is that the defense can rely on Sai’s testimony as evidence – it doesn’t mean that that evidence is true or that evidence will help these Molokai men prevail at trial.
These Molokai men are still in danger of being found guilty of a crime. The coast is not clear and it doesn’t help that people are being lied to about something that did not happen at trial. How does lying about court proceedings help these men clear themselves of an alleged crime? It doesn’t. It just clouds the issue. It brings attention to Sai and his claims rather than focuses on the real danger being faced by these Molokai men.
Just scroll through these comments and you’ll see that mostly everyone here is celebrating something that isn’t true. The Judge ruled that the Hawaiian Kingdom exists? He did not. How many Kanaka are now going to go to court using these false claims in their defense? It happens, it constantly happens and I have had many Kanaka asking me to help them out because they went to court using Sai’s advice and his interpretation of court proceedings and now they’re looking at jail time because the courts don’t recognize the Hawaiian Kingdom defense.
It’s painful to see other Kanaka exploited like this. It pisses me off.
The BS needs to stop because it’s sending out the wrong message. The title of this article suggest that a judge made a ruling. A ruling can be used as law in court. It would be something if the judge actually made the ruling, but he did no such thing.
For you to be emotionally distressed that more people are attempting to use this defense is really odd. Individuals decide to use this defense because they are making a statement and directing change. For someone to use it when they are looking at jail time, that they are unprepared to possibly serve, may mean that they committed a crime they possibly shouldn’t have? That maybe they were looking to use this defense as a last ditch effort? I don’t know. But, individuals are also afforded legal assistance by the current system, so that team could have counseled these individuals that have you worried.
Why is It odd? The defense doesn’t work. The more people using something that doesn’t work, the more people just gonna get in trouble. That’s unnecessary.
Z
Umm. I don’t know what you mean, but actually Judge Cardoza did rule out that the Hawaiian Kingdom does exist. In legality, “ruling” by definition is a decision of the court through the admission of evidence or the granting of a motion. Judge Cardoza did grant a motion from Attorney Kaiama to retain Dr. Sai as an expert witness and to take judicial notice of his testimony in which Dr. Sai provided not only the H.K.’s existence, but its legal status today, where Hawaii still remains under the Presumption of Continuity an independent state, but under U.S. occupation. In other words, the Hawaiian Kingdom does exist! And since the State Prosecutor did not object once to the motions and testimony pertaining to Dr. Sai or even provided his own evidence to contradict Dr. Sai’s testimony, Judge Cardoza granted Attorney Kaiama’s motion of judicial notice of Dr. Sai’s testimony of the Hawaiian Kingdom’s existence and how it pertains to that court case. Judicial notice by legal definition is a doctrine of evidence that allows the court to recognize and accept the existence of a certain fact. Once a court takes judicial notice, it dismisses the parties burden to prove that fact in court. Therefore, once that judicial notice was granted, he ruled out that the Hawaiian Kingdom does exist and the court’s lacking of legal jurisdiction!
Actually, Z, the United States was given a chance to go to the PCA to prove that if Hawaii is legally a part of the United States. In fact, the acting government invited them! But the U.S. Government intentionally refused to take part in the proceedings.
“Lance Larsen and Keanu Sai were parties to the arbitration and they concocted some kind of dispute in order to get the PCA to recognize the existence of the Hawaiian Kingdom”
Seriously? Concocted some kind of a dispute? Concocted, by definition means to make up or imagine something. So they made up some kind a dispute? Really? So all the evidence proving that the Hawaiian Kingdom existed in the 19th century is all made up? Is that what you’re seriously saying? That is extremely nui (big)!
Umm. Brahdda, if you look at the second paragraph of this blog posting, it does says that Judge Cardoza refused to dismiss the case. Not to mention Judge Cardoza says it himself in the video below.
I think you need to study a little bit more of Hawaii’s legal history.
Aloha
Iolani,
I’m a law school student at William S. Richardson School of Law. I’m a year from graduating and in addition to knowledge of law and legal proceedings, I also have access to lawyers/law professors who are incredibly knowledgeable in their respective areas of law. With that said, I have asked one of the law school professors of Evidence for their opinion on this blog article and they agreed with me.
I’m not disputing the fact that Judge Cardoza denied Dexter’s motion to dismiss. I have actually been saying Judge Cardoza denied Dexter’s motion to dismiss – AND because he denied the motion, it is obvious that he DID NOT RULE that the Hawaiian Kingdom exists.
You have to detach yourself from the misdirection of this blog post in order to understand judicial notice. Judicial notice is not accepting something as fact. This is not a civil case, it’s a criminal case. Judicial notice, here, just means that the Prosecutor did not protest against the Defense being able to rely on Sai’s testimony. That’s all it means. It doesn’t mean Sai’s testimony is true. It just means that the Defense can use his testimony for its defense. The Judge will decide whether or not the evidence is sufficient for the defense to prevail. The Prosecution did not protest, most likely, because it knows a Hawaiian Kingdom defense will not prevail. So, why would the Prosecution waste its time protesting a request for judicial notice and provide evidence to the contrary, when it believes the evidence won’t be sufficient for the defense to prevail?
My focus in law school has been in international law. I have knowledge in public international law, international protection for human rights, international arbitration, and war crimes/genocide. My international law professor was a former student and current colleague of James Crawford, who presided as a judge during the Larsen v. Hawaiian Kingdom case in the Permanent Court of Arbitration.
Upon my request, this law school professor inquired with James Crawford regarding the Larsen case. He was presented Sai’s blog article regarding the Larsen case in addition to statements made by Sai in various documents. Crawford pretty much said what I’ve been saying here – that the PCA DID NOT recognize the existence of the Hawaiian Kingdom.
Contrary to what Sai has said, the United States does not have the burden to prove that it controls the Hawaiian Islands. Prima facie… de facto… the US controls the Hawaiian Islands. All you need to do is look around to see that. The party making the claim has the burden of proof. With that said, the US did not need to show up to the PCA for the Larsen case.
I know Hawai’i’s legal history quite well. The issue seems to be that you’re not reading what I’m writing correctly.
No wonder you reconize the staged court you law school student you learning administrative rules not law they stage those rules as law and drill it into your head next thing you know you beleive what they teach its all fiction!!!Good lock cuz but Dis nocan cuz!!!! you better go learn somthing else you stay gone!!!
As a member of the Hawaiian Royal Family I’d like to thank Dr. Sai and Judge Joseph E. Cardoza for acknowledging the Culture and Customs of the Hawaiian people and for dismissing the case. And for bringing the recognition of the Hawaiian Kingdom to enlighten legal matters!
Kirk, the judge did not dismiss the case.
Yet!!!!
WOW!! After reading all this, it’s a good thing Z is not steering our wa’a. Who knows where we would end up as we zig-zag across the ocean? Luckily, we have strong, intelligent, brave, competent leaders to guide us on this historic voyage.
So, you’re saying we’re not zig-zagging right now? It really doesn’t appear that we all have a clear and common destination. That’s probably because we’re all on different wa’a, obviously going in different directions.
Z, “…Maybe you should be asking Sai, because I still don’t see a viable solution anywhere…” “… Because whether or not you believe the Hawaiian Kingdom continues to exist, the US government is here with enforcement power and they are enforcing their laws. It’s their laws. It might not be our laws, but it’s their laws and its real. That the subject matter at bar, their criminal laws and they have jurisdiction over their criminal laws.” Yes Z, it’s called an occupation. The victim’s of other occupations most certainly faced what we are facing during their occupation until it ended and perpetrators were finally brought to justice. It’s very simple Z, the U.S. is not in compliance to the Laws and are enforcing their agenda strictly by might and power. Yes, they are effective in doing it but that does not legitamize their courts. I watched a video where Prof. Boyle stated that under the law of war the Hawaiian Kingdom definetly exists. If you are suggesting their courts are legit then you just undermined international law and all the conventions that go with it. That said, they are the ones who are the liars and cheats when it comes to their court’s jurisdiction and rulings. I don’t see you calling them out on the carpet. I guess you must have a personal beef with Dr. Sai. Oh, by the way who is this phantom strawman professor that you keep claimimg to be intouch with Crawford? Oh, let me guess, Professor anonymous, how convenient.
I don’t think you have the wherewithal to determine if we are under a belligerent occupation. The extent of what you know is limited to what Sai has been saying.
I’ve studied humanitarian law. I’ve also studied international armed conflicts and my war crimes/genocide professor is an expert in this area – he certainly understands war crimes and international armed conflicts a whole lot more than Sai. I’ve asked him, in depth, about Sai’s analysis and his conclusion is that Sai is wrong.
Sai is applying a modern standard for international armed conflicts to an event that had happened 122 years ago. International law doesn’t work like that.
I see you telling me a lot about how I don’t know law, but did it ever dawn on you that maybe you’re the one who doesn’t know? You know Sai isn’t a lawyer right? He’s a political scientist. Political science and law aren’t the same thing.
Yes, professors anonymous. I’m not about to throw their names in here, when it’s quite obvious you’re not interested in learning, you’re just interested in parroting false statements that clearly go over your head.
I’m just trying to help you get a clue. I don’t see Sai chiming in here. Maybe he can comment and explain?
Z, if what Dr. Sai has been saying are all wrong, why are
you so interested in challenging his strategy? Shouldn’t
you be be working on your own strategy?
Z, there’s no need to waste all of your chattering, all you
need to do is effectively refute Dr. Sai’s dissertation! If
what you have to say is of any value Dr. Sai will be
wanting talk to you, but until then, sorry to say, you’re as
worthless as a pair of teats on boar!
I guarantee you have no idea of what just took place, you
have missed the most obvious. The Lorenzo case set a
precedence concerning issues on Hawaii’s sovereign
continuity and what judge Cardoza did by taking judicial
notice from an “Expert Witness” satisfied the requirements
under the Lorenzo case.
The key:
1. Is an expert witness, Dr. Sai.
2. An attorney knowledgeable in Hawaii’s political history,
knowledgeable in what constitutes a states sovereign
independence and how states interact amongst each
other, that person is attorney Dexter Kaiama.
3. Finally, you need a case that would allow you to align
itself with the requirements of the Lorenzo case.
We have had a lot cases that could’ve fit within no. #3,
and there have been a few attorneys that could’ve filled
in the no. #2 spot, but there is only one foremost expert
that’s well versed in Hawaii’s political and international
history and that person is Dr. Sai.
The judge did ask the prosecutor if he had objections, or anything to say in which the response was no! What do
you think the judge could’ve said to rebut an expert witness
in a field in which the judge lacks sufficient knowledge?
No matter what, it’s all in the past now since the judge did
what he did and the writ of mandamus has been submitted!!
Now, the judge did not rebut the information provided by
the expert witness concerning the presumption of the
Hawaiian Kingdom’s continuity, in fact the judge took
judicial notice of it, what qualifies you to have superior
knowledge above that of judge Cardoza?
Was there an expert at the time of the Lorenzo case? No!
The biggest difference is the expert witness and an attorney
knowing what to ask! This isn’t a hit and miss type of
situation, this is the perfect example of when preparedness
meets opportunity ultimately realizing success!
IMHO, the Hawaiian Kingdom belongs to those who
possess its key! Mahalo Dr. Sai and attorney Kaiama
Hawaii’s modern history makers!!
If our kupuna uhane did not think it pono, they would not
have allowed the key to be given to them!!!
A hui hou
Aloha kakou,
Well, I see that Zed, I’m a Hawaiian of British descent, calls Dr. Keanu Sai a Liar??!!!?? A prevaricator! A Charlatan! A Quack! A fuzzy and skuzzy thinker?!!! Well I say Bollocks to you ol’ Zed! For what innuendos you foister in this blog. I’ve met Dr. Keanu Sai on several occasions along with others of education who stand by him, and cast their long shadows as well. I am offended that you come so late in the game, when we are the happiest with these developments-and yes perhaps the lily was gilded, and perhaps not with the title. More education, Dr. Sai’s onipa’a, to follow. But now you rain on our parade???!!! With a half-hearted caveat that you too say the HK is occupied and Her government is illegally overthrown? Well, that’s too little too late for the green-eyed Monster. But, because I can hear, not literally for the palapala haole, the kupuna saying always to meet everyone, even the lowest, with Aloha. So, when we all sit down at the Big Lu’au on the first liberated Ka La Kuokoa I’ll be happy to pass the laulau to you and you the poi to me.
We are and cuz you stay gone you so cluttered up with fiction that you can tell the difference from fiction or reality you better stop going school your mind stay bent out of shape.Your a victum of brain wash! I excuse you!
Z, mahalo for your academic insight to the laws. I respect you for that. I myself am a technical person, but sometimes I find myself getting so wrapped up in technical minutiae that I lose sight of the real destination. My head gets so full, that my heart can no longer feel. I think Mr. Sai and all of his followers have the same yearning: To once again, reinstate the Kingdom of Hawaii and its laws to our delicate islands. We are on the same boat, heading in the same direction. The ocean might be rough, but we aim to get there.
Mahalo nui.
Z, you keep referring to your professors saying Dr. Sai is wrong but none of them and I mean none of them have come forward with their research that proves Dr. Sai is wrong. If they are going to say such things they better be able back it up. What matters is did they do the research that proves their position. It is unethical and against policy for these Professors to make such statements without providing proof through research and writing. Let them put their money where their mouths are and put it in writing. So don’t throw these guys around as if it means anything unless they are willing to be accountable. It just makes them seem like cowards and you their parrot.
This is where you’re wrong again. There was a symposium held at the law school – open to the public – where three international law professors criticized Sai’s claims. None of the speakers agreed with Sai’s analysis.
The fact that these international law professors aren’t highly publicizing their findings just means that they have better things to do than to repeatedly disprove Sai’s claims.
If you’re going to talk about proof, then where’s Sai’s? Where’s the proof establishing an ongoing international armed conflict in the Hawaiian Islands according to international legal standards (not Sai’s standards)? None. Just because get US military here doesn’t mean it qualifies as a belligerent occupation.
You think in 1893, only Americans supported the overthrow? Had some pretty high profile Hawaiians who wanted American annexation. Now how does that play into the supposed ongoing belligerent occupation analysis?
How many French government officials wanted Nazi Germany to occupy France? How many Palestinian government officials want Israel to occupy Palestine? Now how many Hawaiian Kingdom government officials supported the overthrow? How many of them were part of the royal family? I’ll give you a hint… more than a few.
Parrot? Naw, you see, I do my own analysis. I take what I’ve learned in international law, apply that to what I know about Hawaiian history, and I put together the legal analysis. What you got? You just repeat what someone said, because that’s the only analysis you know. That’s a parrot.
I originally believed the stuff Sai was saying. It was simple and it made sense. It explained what I knew about past injustice and it gave me hope for a free Hawai‘i. Then I actually got a chance to learn the law from the experts – from people who practiced in international courts.
I learned about the doctrine of necessity, the presumption of continuity, belligerent occupations – then I realized Sai was mistaken. He wasn’t applying the law correctly.
You want to know how the law is applied? I’ll cite you the relevant cases and the thousands of pages you’ll need to read through in order to understand how it all works. You can parse out the requisites/elements/criteria of international legal principles like the doctrine of necessity to see if Sai actually fulfilled each of those criteria in order to employ the doctrine.
I’ll tell you now, the first criteria is the “only way” and Sai’s Acting Government will not prevail there. Because the “Acting Government” isn’t the “only way” for Hawaiians to have justice (and freedom).
By me saying that there are law school professors disagreeing with Sai, I’m saying that there are legal EXPERTS that disagree with Sai. These people are lawyers. They know law. Sai is not a lawyer. You want legal advice, go to a lawyer.
I’m taking the time to explain this to you because, even though I don’t know you, I still care about you. I’m not making money from this. OHA isn’t paying me to write a memo for them. I’m not charging anyone a fee for my “perfect title company.” I’m taking loans to go to school and I’m sharing what I learn to empower Hawaiians, so that they can make informed decisions, rather than resort to trusting a PhD just because he gets those three letters attached to his name.
I’m simply saying that we all need to educate ourselves and scrutinize everything, just like how you’re scrutinizing what I say.
We’re going in circles talking about who’s right and who’s wrong. When all is said and done at the end of the day, Hawaiians will have freedom when we realize that we don’t need an “acting government” or a fancy belligerent occupation analysis to be free. We just need to come together, exercise our right to self-determination, and move forward from there without consent from any foreign State.
Hahahahaha!! Not a day goes by that I absolutely hate the U.S. occupation of Hawaii…….
Me too!!!nocan!!!!
Its time for us to start treating the Americans like they dont belong here we give them too much Aloha so they start consomeing more, we need to stop that dead on its tracks! and let them know where ever we go pau!!!! Already no can!!!! Stop fishing !!!! Stop diving stop everything!!!! Because they pau over here!!!!!Some of us need to suck it up and have the curage to speak up outside this blog!!! I do every chance I get they even call the cops on me. I nokea!!!!!I not the one committing the crime!!!! If the police show up ask them for their article two military tribunal papers under the jeneva comvention they suppose to have that on them at all times to even ask questions!!!!At this point we need to press the action. In all aerias to drive it home, Im not afraid to make scrafices! thats how things get done!!!! no scared go!!!!!!Everybody make noise let them know that the answer is no for everything and that we own everything!!!!!
Aloha Dis nocan cuz,
The unfairness of rights we are experiencing in our
kingdom as a direct result of the prolonged U.S.
occupation reinforces the oppression suffered by
many of us to this day. Ho’omanawanui is not so
easy when we’re all anxious for a gulp of freedom!
“The opposite for courage is not cowardice, it is
conformity. Even a dead fish can go with the flow.”
And “… If you do not speak up when it matters,
when would it matter that you speak …”
Jim Hightower
It is easy to conform, however is it not pono nor
is it acceptable to justify the unlawful act of U.S.
occupation within Hawaiian Kingdom jurisdiction.
The question is, how much needs to be said or
done in order for other nation states to notice our
predicament and act upon the facts?
If our freedom is as important to us as air is to the
sustainability of life you’d think there would be a
sense of priority in order to minimize further harm
to those suffering. It is of no wonder why the penalty
for treason in the Hawaiian Kingdom penal code is
so severe. http://hawaiiankingdom.org/penalcode/pdf/Penal_Code.pdf See Chapter VI, at 9.
The Hawaiian patriots who signed in support of the 1897,
Ku’e petition did their part or kuleana. We need to do
or part or kuleana even if it’s only to witness the abuse
done to us by the U.S. occupiers. One less kanaka on the
ground will be one less witness to their unlawful actions
against our people. Onipa’a brah, stay strong!!
JMM
A hui hou
In response to Zuri Aki’s inflammatory and malicious postings on this blog accusing me of lying is not only untrue, but is clear evidence of criminal acts of libel. According to Black’s Law Dictionary, libel is defined as “A method of defamation expressed by print, writing, pictures or signs. A false and unprivileged publication,” which attempts “to blacken a person’s reputation.” Under Hawaiian Kingdom law, libel is a crime, but under U.S. law it’s civil tort.
Mr. Aki is a naïve student whose irresponsible diatribe has just implicated three or more professors at the law school in this criminal act. These three professors are David Cohen, Diane Desierto, and Carole J. Peterson. This is not only a criminal matter, but also a university matter because I am also a faculty member of the University of Hawai‘i Windward Community College. On January 30, 2015, I wrote a formal complaint to the Dean of the Law School, but he chose not to hold these three professors and Mr. Aki accountable. This failure to do so is what led to the ultimate commission of the crime of libel. I will be initiating proceedings in a timely fashion and before the proper authorities.
Mahalo Keanu for addressing this matter, This student sounds like a disgruntled person who probably failed one of your classes and his only way of redemption is an attempt to slander your name and your work.
The sad thing about this person is he appears to be Kanaka who’s getting a higher education, but he’s giving off the impression that he’s better than most of us that follow this blog. Like the saying goes “a little bit of knowledge can be dangerous”.
This boy and I do mean this boy needs to learn how to be humble, pay his dues and use his education for the betterment of his people, but I believe his attitude to this point is a prelude to him becoming a self serving, me, myself and mine educated individual once he’s done with school.
With that said, Dr. Sai I thank you for all that you’ve done.
Since I’m not as educated as this person I want to apologize ahead of time for any misspelling or lack of punctuation savvy before hand, as I know it will be scrutinized.
Keanu, you’re a coward. Rather than engage Z in academic discourse, you decided to ban him, call him a liar (when he obviously can’t respond because you banned him), then you came out like a crybaby saying that you complained about him back in January to the dean of the law school?
Now, you’re threatening to initiate proceedings “before the proper authorities”… what kind of BS is that? Who are the proper authorities? The US court system that you’ve been claiming doesn’t have jurisdiction here in Hawai’i?
You want to be the regent of the Hawaiian Kingdom and you can’t handle when someone – in law school – tells you that your theories have huge holes. That’s corruption right there. The only one blackening your reputation around here is you… and for what? So, you can get everyone to follow you? So, you can get the OHA and whatever else contracts to write that same unvetted material that you’ve been producing?
You’ve been to a countless number of my UH classes. I’ve heard your talk a number of times and it sounds hopeful. But, that’s because I, like most of the other students in the room, don’t know internationally law.
Then I went to the law school panel, made of up PhDs, who are also international lawyers, and they went through your theories and made it quite clear how you obviously need to take an international law course. There were a bunch of Hawaiian students in that room and we grilled the panel on each of your theories. We went in as your advocates and left with questions about what you’ve been telling us.
You know what Z told us at that time? He told us we shouldn’t just believe the panel either… and to give your theory a chance… that we should do our own research and figure things out for ourselves. He was still on your side fighting for you in class.
He didn’t get brainwashed like you would like to claim. He just learned international law and realized that things aren’t like how you’ve been framing them to be.
You’re a liar. Go ahead, take us all to US courts because your precious reputation is at stake. Grow a damn pair and suck it up. You’re a bully, you’re unethical, and you’re a crook. Crybaby…
It would probably be safe to venture that defense mandamus to the State Supreme Court and the jurisdictional argument for dismissal is not going much further than a denial. The Mandamus presents its own factual proof deficiency and fatality flaw.
“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 under HRS ß 701-115(2) (1993)
See: Mandamus, Section II, Issue Presented And Relief Sought, ¶¶ 3 and 4.
The author of the article represents that “judicial notice” of the issue about the existence or nonexistence of of the Kingdom of Hawai’i is final and and ultimately conclusive in a criminal case. Not so. In a criminal cases the judicially noticed fact is passed on to the jury for its consideration and decision. A jury is the ultimate trier of fact, and that includes whether the prohibited act was committed within the jurisdictional enclave.
Because the defense issue is related to foreign affairs and the existence of a nation and functional body politic, all that has to be done is acquire an official statement or certified official record from the Office of U.S. Secretary of State about the official recognition of the alleged and current Kingdom of Hawai’i. If that asserted recognition is not official and formally acknowledged, then the assumed fact will fail for want of proof.
I don’t understand you people, if what Dr. Sai
is doing bothers you so much to the point of
uncontrollable rage why keep visiting this site?
Why would you implicate yourself like you did?
Dr. Sai’s information was clear and concise
concerning the difference between Hawaiian
Kingdom law and U.S. law: “. . .Under Hawaiian
Kingdom law, libel is a crime, but under U.S. law
it’s civil tort.” Dr. Sai is not seeking a remedy
under a U.S. civil tort claim, Zuri’s conduct, as
evidenced on this site, implicate libel on his part
which is a crime under Hawaiian Kingdom law!
This should give you a clue as to where this is
heading!
If you people can’t comprehend a simple statement as:
“. . .Under Hawaiian Kingdom law, libel is a crime,
but under U.S. law it’s civil tort.”
What more are you misinterpreting?
The only cry-babies are you people, to stupid to know
that you are stupid, and like a comic once said, you can’t
fix stupid!
I run into numb nuts every day, all wanting to show off
what they’ve just discovered never investing any quality
time to figure out where there at concerning the
information they have, they shoot-off their mouths only
to show that there extreme ignorance precede them!
Dr. sai don’t need me or anyone else to accept his
information, but for most of us we do because he has
earned our respect, something Z will never be able to
do here!
Do us all a favor, go back to your simple minded world
where the ignorant lead the ignorant.
You people are the epitome of americanization!
Perhaps the descendents of kanaka’s who assisted
the americans with there HEWA!
Some crabs belong at the bottom of the bucket, exactly
where you people belong! HEWA!
In the end, the joke is going to be on you. We’ll see if your savior, the self-proclaimed regent of the Hawaiian Kingdom, will get us any closer to being independent.
Or if he just made some business, pocketed some cash, and found someone else to blame for his theory going up in smoke… along with those mirrors.
You and people like you are so busy complaining about crabs in the bucket that you clearly lost sight of the waves rolling in.
You know what’s hewa? A self-proclaimed regent of the Hawaiian Kingdom BSing just to hype himself up. And you’re just going along for the ride.
Have fun defending your master… he needs all the support he can get… after all, he is selling you on his BS.
Mahealani, I’m so sorry for how you are feeling. You seem to have a lot of knowledge about this movement. There are many people who respect Dr. Sai’s leadership. I don’t think that there ever was bad intent in anything that he has done. I truly believe that he is out to help us. If he has hurt you in any way, please forgive him, for your sake as well as for the Hawaiian people.
Mahealani,
We’re not playing games! When its all said and
done there won’t be any jokes, only healing!
I don’t know how many cases Zuri has
advanced in the U.S. Federal Courts or the
State of Hawaii Circuit Courts because if he
did he would’ve known exactly where the issue
on the sovereign continuity of the Hawaiian
Kingdom stood.
I really don’t know if you’re advocates of the
U.S. or of the Hawaiian Kingdom, but whether
in the U.S. or the Hawaiian Kingdom judicial
decisions are made based upon meeting a
requirement or not and in some situations a
court may see an issue in a different light that
may not have previously presented itself, but
when an argument is exhausted and no other
avenues available that’s when a precedent
is set, a new requirement needs to be met.
Some refer it as new law or controlling law,
but this could also be challenged, sometimes
a single word or even a letter could turn an
opinion!
Dr. Sai never promised any body anything,
he is advancing his expertise on matters
based upon historical facts concerning
Hawaii’s status as an independent state.
I’ve seen the crying of eyes of an elderly
man, a full blown kanakamaoli desperately
wanting to know how to stop a sheriff from
evicting him from his home because he
couldn’t make the property tax payment,
his fixed income left him no discretionary
funds to pay it, only enough for food and
diabetic medications. He died, no longer
having to face that burden, but he was only
one of many. This man was Hawaiian strong,
he told me “Eh, I not U.S.”.
Whatever happens with that Writ of Mandamus
we know there is a lot of work either way, but
odds are great that the requirement under the
Lorenzo case have now been satisfied!
The only missing ingredient the past 20 years
or so was an expert witness and an attorney
to drive the right questions home!
A hui hou
Saiʻs info is “clear and concise” mostly ONLY to those who want to believe he is always 100% right and can never make a mistake! This kind of blind following reminds me of the Priestly Jews of Christ’s day who believed they were experts in the Law of Moses, but who turned out to be infidels, enemies of the faith etc! These militant zealots, so called experts in the Hebrew laws, tried in vain to take on the Roman army. They did this against the words of Christ who warned them of the “abomination that makes desolate.” To me too much capitulation to international law is a form of hewa that comes when a people reject their maker.
Why do the heathen rage, and the people imagine a vain thing?
The kings of the earth set themselves, and the rulers take counsel together, against the LORD, and against his anointed, saying,
Let us break their bands asunder, and cast away their cords from us.
He that sitteth in the heavens shall laugh: the Lord shall have them in derision.
Then shall he speak unto them in his wrath, and vex them in his sore displeasure.
Yet have I set my king upon my holy hill of Zion.
I will declare the decree: the LORD hath said unto me, Thou art my Son; this day have I begotten thee.
Ask of me, and I shall give thee the heathen for thine inheritance, and the uttermost parts of the earth for thy possession.
Thou shalt break them with a rod of iron; thou shalt dash them in pieces like a potter’s vessel.
Be wise now therefore, O ye kings: be instructed, ye judges of the earth.
Serve the LORD with fear, and rejoice with trembling.
Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him. ~Psalms
A tita you just made a serious point thank you please share more!
What a vulgarity! “Keanu, you’re a coward. Rather than engage Z in academic discourse, you decided to ban him, call him a liar (when he obviously can’t respond because you banned him), then you came out like a crybaby saying that you complained about him back in January to the dean of the law school? ” As someone else has said if you’re so enraged at Dr. Keanu Sai then why in the world do you visit this website? Is it just to spew your venomous hatred? I say, “Hie thee home fragment!” Leave us to our discourses! I’m sure you’d be much happier elsewhere slandering someone else? See, what you have to say about my Masters from Berkeley!?! Traub just not a nice entry on our blog we read…go away with Zed. I hate having to write this! So, it’s the last I’ll write I waste no more precious time…
K P will be happy as am I. Freedom..
Good on you! Leave Molokai alone. Isn’t it enough that you’ve taken everything. I am a Pacific Islander from the Western Caroline Islands, the Republic of Palau. I know the regretful history of the Kingdom of Hawaii and its people. For those of you Haole’s that disrespect Hawaii and the last remaining indigenous people of Hawaii, go back to the US if you don’t like it. Much respect for these guys telling off people that shouldn’t be encroaching their fishing grounds. I’d do it too if you look around and see all that has been taken from these people. Here at home, we have enough trouble with Chinese, Vietnamese, and others coming into our territorial waters and basically raping our oceans. They take everything, and yes, the shark finning is still going on.l I’d burn these vessels if I see them out there.
What I am seeing here looks like symptoms of the “A’ama Syndrom” where one crab uses the other to get out of the puka and save itself. Lets not lose focus. Onipa’a. Stay the course with lokahi for imua otherwise going be like my uncle said “dam Hawaiians no can even agree where for cross the net… now we all going starve”. Mahalo for Your time. Ahui hou.
what i take from this article is from here on out, in any current or future court case(s) we can ALL use Keanus expert testimony to our advantage, as for the Molokaiians good luck hope your case gets dismiss.
what Keanu & Keeaumoku did in court is profound!, its on record forever, the real “Lie” we all should be focusing on is who’s operating our country today? now thats BS!
I can recall Keanu sharing his knowledge down at Kona Inn 20 or so years ago, bradah is still going!
so, Keanu no shame, tell the truth you can say it took you 20 years to testify, the last 4 years was just fine tuning, your tutu is proud..yes sah
its time (for somebody) to fill the gourd, stay making noise. swooosh
Aloha Dr. Sai, It is your right to take what ever action you feel necessay to address Zuri Aki’s malicious attempts to blacken your reputation. Maybe one of those actions could start by banning Zuri Aki from posting on this blog.
Aloha Kekoa; so banning people who disagree with Keanu is something you would do if you were in Keanuʻs position? Frankly Keanuʻs only recourse against Zuri, or the only power her can exercise over him is limited to this blog site. There is absolutely NO legal recourse Keanu can take against Z as he tried to suggest. Frankly I dare him to try! To me Z really is just trying to be honest about the issues even when they are uncomfortable or if they go against papular beliefs and expectations. We need this kind of critical thinking to challenge false and dangerous narratives. Keanuʻs reaction to Zuri is pathetic and it reveals his controlling nature. Our leaders should be vetted and if Keanu wants to an effective leader he should recognize that his blog is a reflection of how he would govern. Too many problems with Keanuʻs thesis to mention here but be sure “your sin sins will find you out.”
Reading the dialogue here and noticing the blatant over-reach with accusations of criminal intent on the part of Z , I feel compelled to say a few words in his defense, who I would like to say is mighty brave to post here given the controlled environment this blog has become! What I will say is that I and a great many other Hawaiians deeply respect and admire Z for his dedication to sovereignty and specifically for his stance on independence!!! His willingness and ability to offer real time feed back on the hot issues to those of us who follow him on his Facebook page I believe make him invaluable both to our learning and to the success of our restoration. As many of you know, or should know, Z openly promotes vetting of wide range of views of independence. He does this with the help of other like minded Kanaka Maoli under the title “Hawaiʻiʻimiloa” Status of the Hawaii State.” Here, among many other tasks he undertakes Z offers detailed rebuttals on where he disagrees with Dr. Sai. Not as he would say to attack Saiʻs work or to malign him personally, but to offer what he feels are fair corrections of what he believes are misleading narratives that stem directly from these sometimes serious flaws in Saiʻs public statements. On each of the “major” assertions Sai makes about International law, Z demonstrates with well selected documentation exactly where he feels he has some Kuleana, brilliantly zeroing in on exactly where Saiʻs mistakes are and letting it be known to those who are diligently following the movement where he stands. I find Z to be a great resource and do pray many more Hawaiians follow his example!
Calling Saiʻs statements lies, or calling Sai a lier, does not diminish that fact that Dr.Sai has repeatedly articulated what if are not lies are most certainly flatly misleading assertions both about the varsity of the Judges statements and about what Keanu believes and has stated openly that he believes Z can be prosecuted criminally for what he has written on this blog!!!
To me this reaction on Keanuʻs part is the biggest face palm of all! Can we have a real dialogue here or must I admonish folks to visit us at Hawaiʻiʻimiloa?, where you can see for yourself how we treat subjects such as “Hawaiian Kingdom Regents,” The Doctrine of Necessity” “De occupation” and so forth. I predict admin will delete this entire thread! I have saved it on a separate file so it can live on in infamy! Please consider apologizing to Z for the personal attack. Mahalo!
Braddha went stick is nose to far , his britches grow to big needed trimming, got the word. The correct courts awaits them, justice and truth alway’s prevais over hidden agendas Move on, when the eagle flys now he just crows! Now it’s getting deep .. We are watching and taking notes.
Noa, if Z wants to challenge Dr. Sai’s work the proper thing to do is to challenge his dissertation through the proper channels and not through social media or this blog. It appears that he is being led by the the wrong people who not only oppose Dr. Sai and his AWESOME work, but our movement for de-ocupation as well.
Sorry, but I as well as a lot of others are in total support of Dr. Sai and I believe that if you commit a crime you need to be held accountable for what you say and do. So, it is clear Z needs to be careful in not only who he listens to, but in what he decides to say for your freedom of speech is only protected as long as you don’t infringe on the rights of others.
I believe Z is the one who should be apologizing to Dr. Sai!!!
Freedom of speech, being responsible for that right. It is in our Hawaiian constitution. Say what you like, just be prepared to face the consequences if you injure someone.
Mahalo, Dr. Sai, for my new found sense of national pride.
I just want a fair trial, my native tenant rights,my political and constitutional rights.
Proud to be Hawaiian, learn your Constitution and abide by it!
The proper channels? Really??? Me, I thank almighty God for the Internet and for social media! From here on out everything we do and say will be subject to the intense scrutiny of our people proper channels or not! Also, Iʻm not so concerned with credentials because people with credentials are more often the most confused and difficult to talk to. We have real concerns about some of the things Keanu has asserted here and in other official publications where among many other problems he asserts what he believes is his official title. Besides Iʻv been repeatedly warned by admin that this blog is a government site, and that everything I or other like me express here should be weighed against this fact. If Keanu wants to be a leader heʻs going to have to learn how to work with people like Z.
Noa, you sound just like Z….listening to the wrong people and giving misleading information!!! Your Choice…..
Its not cool to accuse me or anyone of being misleading when you generalize and fail to say what it is Iʻv done or said that makes you believe this. There are other Kanaka besides Z studying International law so they can help Hawaii become sovereign again, and I respect them all for their dedication. A few that I know who have been studying Keanuʻs work are preparing as we speak to publish their own positions which include their detailed and well documented take on each Keanuʻs claims. I can tell you that one of the issues they all plan to confront is the idea that the only lawful way to restore the Kingdom (full sovereignty), is through the UN, and the process of De-occupation, which IʻM SURE YOU KNOW involves intervention by the ICC.
Beware of disrupting forces and those who are controlling the disrupting force!
Aloha Noa, I’m sure Zuri Aki appreciates your support. However, your claims of his contributions and expertise are exagerated. Zuri is only a student and is not qualified by academic standards to give any qualified opinion or legal advice. In fact he already admitted to us in his above post that he does not know how to fix Hawaii’s situation. “… You’re asking me for a solution to a problem that has persisted for over a century. Maybe you should be asking Sai, because I still don’t see a viable solution anywhere….” If you want to rely on Zuri Aki for direction and solutions that he doesn’t have then it’s your choice. It’s like having a Medical student that hasn’t graduated to preform your quadruple bypass heart surgery instead of someone who is already a board certified medical doctor. As for the Professors that he relies on for his information, not one of them have provided the necessary documentation, such as a law journal article or an academcic publication that refutes Dr. Sai’s dissertation or other published articles. That is how it suppose to be handled at the academic level. Zuri’s excuse that they’re just don’t have the time is lame and unexceptable, it is not in conformity to academic standards and protocal. These Professors should man up and do it right, if not then Zuri’s information he is relaying from them is just heresay. The head of the U.H. of Hawaii’s law school was on Dr. Sai’s PHD panel. I’m pretty sure he was more than qualified to rebut Dr.Sai’s research with the same facts Zuri and the other 3 Professors are allegedly claiming. Guess what? He couldn’t. Now we are being mislead by Zuri and these 3 Professors that Dr. Sai is wrong. You really want us to believe the U.H. of Hawaii’s Phd process is flawed and those Phd experts that were on Dr.Sai’s panel are all wrong and are a bunch of idiots. I’ll tell you what Zuri Aki and these Professors are doing. They can’t discredit Dr. Sai’s work through the academic arena so they choose an easier and unregulated social media site to smear him. This way they are not regulated by academic standards and can try to hide behind some type of freedom of speech excuse. Shame on them.
Iʻm aware of several Kanaka including Z, who are heavily invested in studying International law. We are incredibly fortunate to have these resources in a time when we need them most. Of these a few have just recently started weighing in on Keanuʻs work so I say lets give them some space to form their own conclusions. To me the jury is still out on Keanuʻs work and until he is fully vetted we should not only allow disagreement but we should encourage it! Neither Z, or anyone else I know have said Saiʻs panelists were “all wrong,” only that Keanu has made ridiculously misleading assertions that are easily disputed by the facts. I feel its a bit of a smoke screen to attack his effort here as malicious.
“He who pleads his cause first seems right; until another comes and questions him” ~Proverbs
Please NOTE: @USCYBERCOM NSA, CIA, etc. are watching this blog.
No DOUBT they have operatives spread doubt and confusion… that’s what they do best!
“Crime is common. Logic is rare. Therefore it is upon the logic rather than upon the crime that you should dwell.”~#SherlockHolmes
Aloha Henry, according to the law the only form of gov’t that can be reinstated is a constitutional monarchy. It has to revert back to what it was and then it can be changed through a legal process. The executive branch that executes law is headed by a monarch. By law it is required that the candidates for monarch must come from the chiefly class. Once confirmed then an election can take place. The leislative branch consists of two bodies. The Nobles that represent the Chiefly class and the legislature that represent the makaainana. Then you have the Judiciary branch. Every branch has a negative on the other for checks and balances. The law said Chiefly Class which is proven by geneology but it is not mandated that the highest ranking Chief by geneology be the monarch. Very often I hear people mistakenly make the claim that they can prove their geneology is higher and therefore the shall be the next ruler.
the gist of this article is that Hawaii was, as stated in the Lorenzo case, came into ‘statehood’ at the point of a bayonet; think threat, duress and coercion. Then, 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, official recognition is now made manifest.
if THATS that case, Florida came BACK into the United States UNION – AFTER – the Civil War ALONG WITH THE REST OF THE SOUTHERN STATES – AT THE POINT OF A BAYONET !
SEEMS THE SAME ARGUEMENT TO ME.
If so, THE SOUTH SHALL RISE AGAIN !!!!!
Aloha,
Just wanted to point out some things in the case:
Judge Cardoza took judicial notice of facts presented to
him by an expert witness in the case. The judge could’ve
continued the case, he could’ve taken the expert’s
information under advisement or under consideration
before he actually rendered a decision as to whether or
not he would grant the defense’s request for the court to
take judicial notice, but instead he took judicial notice!
No one forced the judge to render his decision, he did it
on his own accord.
No one knows what will happen with that writ of mandamus,
but we do know that the U.S. is without a treaty of cession
over the Hawaiian Islands. We do know that the U.S. made
an apology to the Native Hawaiians for its direct involvement
that caused the unlawful overthrow of the Hawaiian
government, albeit in a U.S. Joint resolution in 1993. We
do know that the unanswered ICA question in the Lorenzo
case as to whether or not the Hawaiian Kingdom still
exist was now properly satisfied by a qualified EXPERT
WITNESS.
Now, taking into consideration all of these known facts
and that the State of Hawaii and the U.S. is without any
evidence for rebuttal at all, the logical thing to do is to grant
the writ of mandamus. But then again we’re dealing with hewa!
This writ of mandamus may indeed be the last order ever
implemented by the occupying U.S. and State of Hawaii.
This order will carry with it broad repercussions for the U.S.
and for the courts in the State of Hawaii, it will be like a light
switch that just flipped into the off position! The State of
Hawaii’s judicial system will be rendered useless!
The U.S. is capable of doing what it pleases so it will do its
best to implement damage control over judge Cardoza’s
decision to take judicial notice, but the facts are all there for
everyone to see. It is what it is!
The burden to prove authority over the Hawaiian Islands remains
with the unlawful occupier and not the Hawaiian Kingdom. The
Hawaiian Kingdom has all its Palapala in place!
If a piece of the puzzle won’t fit, you just can’t force it.
The ICA asked, and an expert delivered! What more can anyone ask for?
A hui hou
Aloha Win, yes judicial notice was taken for written and oral evidence that was presented to the court. The requirements for presenting the legal and factual basis that the Hawaiian Kingdom exist according to the attributes of a state under international law has been satisfied. Yes, they have the power not to do the right thing, but they will have no way out once they are mandated to answer for their actions.
Aloha Kekoa, you are spot on! In UFC lingo, all we’re waiting for
now is for the U.S. aka State of Hawaii to TAP OUT! 🙂
Exciting times!
This is a case of an unprovoked attack of a person. A baseless, unfounded and unwarranted display of aggression. It was purposely put forward to incite, demean and defame another persons character. No doubt it is an assault and should be brought before the proper authorities. Zuri Aki may well be brought before the court to answer for this very serious matter. This needs to be brought into the light. I am hoping this will be done soon. No one should be allowed to wonder about in our community like a loose canon devastating people. He needs to be held responsible for his actions
Much of what he has said in public is hearsay and not necessarily truth speak, but he has used professional references, people from the University of Hawaii’s Adminstration to disfigure people like Dr. David Keanu Sai’s professional integrity and honor, and this is plain wrong. One has to wonder are they aiding and abetting Zuri Aki. This has to be clarified. I am sure all concerned will get their day in court.
Did Z commit crime? If so can you explain what his crime was and how he could be brought before the law? Who will effect an arrests on Z for his criminal behavior?
Oral defamation or slander in this case is a civil wrong and can be the basis of a lawsuit.
Noa, I hope these students operate in the appropriate manner as required under the U.H. of Hawaii student guide lines.
Noa, “….To me the jury is still out on Keanuʻs work and until he is fully vetted….” the U.H. of Hawaii panel was the jury and they found in favor of Dr. Sai, that was their verdict. Now, if those students think the panel made a wrong ruling then appeal with academic rigor through the U.H.’s proper channels. Put in their research and convince that panel (jury) to over turn their previous ruling. That is the pono way it should be done. Dr. Sai’s work has been fully vetted not only by the Phd panel but at international venues. His work allowed him into The World Court’s PCA, U.N. Security Council, U.N. General Assembly, ICC, Geneva Academy’s War Report and Switzerland’s Govt’s Office of the Prosecutor to name a few. These venues have no problem with Dr.Sai’s work. Only you, Zuri and those with an agenda to stop him from ending Hawaii’s occupation seem to have the problem.
That’s actually not what happened. I attended that law school panel where three international law professors had criticized Keanu Sai for his unethical misinterpretations of international law and international law cases.
Those three panelists (international law professors) all agreed that Keanu Sai was wrong. So, Kekoa, you, like Sai, are misinterpreting actual events.
Two of the three international law professors are PhDs. These people have vetted work and have worked in international courts and tribunals. They are the experts in international law and they have said that Keanu Sai is WRONG. That’s what Z was saying and that’s what Noa is saying.
If you just paid attention to what Z was saying, then you’d get the other side of the belligerent occupation analysis that Keanu isn’t saying. I can’t believe how many people here just eat up everything Keanu says. What Z did was provide discourse to which Keanu could have responded academically… rather than by trying to bully Z by banning him. Like Noa said… that’s just pathetic and cowardly.
I’ve read a bunch of your posts here, Kekoa, and you sound like a goon that just works to keep the Keanu propaganda going… yeah… Nazi germany had people like you too.
MAXIM IN LAW: All land is acquired either by Conquest or Treaty.
The TRUTH of the matter is this: The Hawaiian Islands were invaded by the U.S. and the Queen, under Threat, Duress and Coercian signed a Treaty which ‘legitimized’ the Conquest under the fascade of a treaty.
This Treaty is Null and Void as a Matter of Law.
Not differently, the Southern states of the Confederacy were FORCED back into the Union at the Point of a Bayonet.
The United States has never, historically, demonstrated itself to be a beneficial host.
We shall see if TRUTH finally CONQUERS.
Considering the moral character of those in The Congress presently seated, I highly doubt it.
Aloha Mahealani, was Dr. Sai invited to sit on this panel and rebut any of the panelist comments? Seems like a setup to me. Let me know when at least one of these panelist produces a peer reviewed academic publication that provides proper documentation rebutting Dr. Sai’s research. I would need to see their evidence on their position. Just like the rule in summary judgement proceedings. Opinions and arguements of counsel are not facts before the court and are not sufficient to grant summary judgement. I don’t think it is an unreasonable request.
Aloha Kealii, the jury does not make the determination if the court has subject matter jurisdiction. It is up to the judge to make that determination based on evidence he received in the evidentiary hearing. In order for the case to move forward the court must have both jurisidiction over the person and subject matter. If the court moves forward without subject matter jurisdiction then it violates due process and everything is void and can be vacated. If the evidence is conclusive that the HK exists then it exists. The burden now shifts to the prosecution to rebut defendant’s evidence by providing a Treat of annexation as required under international law. It does not require any further verification by the secretary of state. The reason is,it had already received formal recognition In 1844. Any claim of it’s extinguishment must be proven with a Treaty by the one making the claim. If you were the CEO of a corp. and I had a contract with your company for the next 10 years but you retired after 5 years. My contract with that company is still valid for 5 more years. I do not need the new CEO give me recognition again inorder for my contract to still be valid.
Noa, Dr. Sai mentioned it was a crime under HK law. I think it was to demonstrate Zuri’s recklessness and not to effect an arrest. Dr. Sai mentioned that Zuri also committed a tort under U.S. law and that Zuri’s negligence can get him sued in a U.S. court. I believe it was to point out Zuri’s lack of wisdom and ability to conduct himself appropriately.
Pray fully that your educational and historical research continues to unlock doors to restoration & restitution to the Hawaiian Kingdom.
So actually the lawyers hands are tied because they members of the Barr, so no subject matter jurisdiction means they have nothing no land nothing over the people and no recources. So if we not members of the Barr then we can file our complaints strait to the us navy, no subject matter jurisdiction!!! that means we as nationals can skip the court and go strait to the us Navy and do an international war crime complaint!!! Now If your a member of the Barr then you gotta go threw their process. Because they members of the British Royal ,Registery, . We have to pay attention to detail in subject matter jurisdiction, which means they have absalutely nothing!!! I going try that all the tickets all the warrants , etc I working on something right now so insted of going to the staged court I going file the complaint strait to the navy. And see all the officers names everything, Its terrorist attacks overseas on behalf of a foreign company overseas, involving private employees for the foreign private company, conspireing to extort money and instill fear and steal land from the nationals of Hawaii. Lucky get spell check!!!Disnocan cuz!!!! .
This is really cool that we all can see everyone zeroing in on the same thing and with valueable people putting their time in and sharing manao I can see us all getting their and reaching our goals which is to deoccupy our country and live our peaceful Hawaiian life for generations to come
Amene!
Imua kaiama imua!!!
You try to board my boat and threaten me I will introduce you to my 1911 .45 caliber peacemaker. Bull shit!
When your boat is where it don’t belong, just like going into somebody’s house you’ve got face the consequences. Your boat’s got nothing to do with it. You need not get belligerent.
Trespass on my family’s ahu and your boat will sink from a distance. Grow up and take care of your own ahu and if you don’t have one go to Tamashiro Market because this is NOT America you ahiu pipi. Trust me we are not afraid of you or your peso….
Pedro you don’t need to carry a 45 pistolito. Just go to where you came from. Know your place. Aloha, go home.
A Pedro whats up with your comments? A if you no like what we doing go back to south America!!!!!We no need you here in fact who said you can live here?? Because you on our countrys boat so either you can come and be and support our nation of people or you can take a life jacket and float your ass to Mexico, Brazil. And lucky if we give you a life jacket!!!And as far as the gun I stared down the barrels of plenty guns swatt teams, speical response units etc. I not scared!!!!! Pedro!!!!!!!And theres thousands like me!!!!What you going do??? You nobody!!!!!And you nomore boat!!!!!You dummy!!!!!!Dis nocan cuz!!!!!You on our ship!!!!Go study you stupid!!!!!!
Noa, before you can judge and condem people you will need to first provide the evidence. Their has been no one thus far that has presented an academic peer reviewed publication or law journal article with all the proper documentation that shows Dr. Sai is wrong. You claim he is wrong yet you do not provide the correct remedy to the problem to support your claim. Akua can talk the talk because he is perfect and without sin. So let those without sin cast the first stone.
Are you serious Kekoa??? There have been plenty pier reviews by qualified scholars who say Keanu is wrong. Why have you failed to mention them?
Welcome to the ALOHA REVOLITION
Revenge is not our cause,
Restoration of the Hawaiian Kingdom is.
We no carry guns,
we no make bombs,
we no mo weapons of mass destruction .
Our weapons of choice , Computers and massive amouts of Aloha & Creation.
We are rooted in ancient spiritual
beliefs of Aloha Aina .
Long Live the people of the
Hawaiian Kingdom .
Welcome to the ALOHA REVOLUTION
AE, UAMAU. KAEO O KAINA IKA PONO
Noa, I’m not talking about qualified scholars making comments or an opinion. I’m asking for a qualified scholar’s law journal article or publication, i.e. Dr. Matthew Craven’s piece on the continuity of the Hawaiian Kingdom. Please point out the ones you are speaking about. I’ve been around long enough to know arguements can be made for either side of an issue. The details and their proper application of law and legal principles are what I’m looking for.
Ok, so you are admitting that you have never heard of and are not aware at all of any qualified scholarship refuting Keanuʻs work? If I can Iʻd like to ask you to read “The Evolution of International Law: colonial and postcolonial realities by: ANTONY ANGHIE.
This paper is the place to start if you wanna understand International law and its evolution. I strongly recommend you start here. Weʻll talk after that.
concur that the UN is not to be trusted, especially the “Security Council,” as it is in the main, like the IMF and the World Bank, dominated by the US and its closest allies. But diplomatic initiatives are a good way to go, particularly with countries now showing their independence from US control, especially in Central and South America. Further, recognizing the “consent of the governed” is central to establishing the legitimacy of a government over time, in my humble opinion, great effort needs to be made to engage the non-Hawaiian but local residents of Hawai’i of all ethnicities. Demonstrate to them real life examples of how restored sovereignty would be advantageous to them as well as to Native Hawaiians.
THE COMMERCE OF RECOGNITION
(BUY ONE ETHOS, GET ONE FREE):
TOWARD CURING THE HARM OF THE UNITED STATES’ INTERNATIONAL
WRONGFUL ACTS IN THE HAWAIIAN ISLANDS
By Julian Aguon
Our `ohana was just talking about this. We are under the Hawaiian Kingdom and a cop came onto our land in Hawaiian homes maui and when tase my dad. My dad was telling him he’s a sovereign and you have no jurisdiction here. Shit went down and now he’s got people on his side who are gonna help him sue them because they violated his civil and sovereign rights. People.All this is real and true. No be sced. Stand up for our rights. Remember. They have no jurisdiction on us. Onipa`a!!!!
OMG Noa, thank you for admitting there is no publication by a qualified scholar that has refuted Dr. Sai’s work. Antony Anghie provided an opinion and NOT a legal analysis of rules, case law or judicial opinions. He did not provide any evidence that would rebut Dr. Sai’s evidence or use of Hawaii’s correct history. Julian Aguon ? Bottom line,he just makes an opinion that the U.S.’s POWER is sufficient to validate it’s claim to Hawaii. He does that because he cannot provide the necessary evidence to refute the evidence Dr. Sai provided. If you follow his narrative you are telling us that you have been colonized and you are an american. So why even post about independence? You are a colonized native american, end of story.
Straight up, you do not have the answer nor can you produce someone qualified that has refuted Dr. Sai’s work. Enough with the nonsense and misdirection that only leads to circular arguement. I ain’t got time for games. I’m gonna tell you the same thing I told another blogger. Go look up the U.H. of Hawaii website and check out the Bio on the Dean of it’s Law school. He is a qualified scholar in law and research. He was on Dr. Sai’s committee four years. He is more than qualified to have brought up all the legal arguements that would have shut down Dr. Sai’s dissertation. What happened???? Not a damn thing. If he couldn’t shut it down, what makes you think you or Julian could.
Ok so now youʻv read and you understand how the entire system of International law was created to advance the interests of the European colonizers, and to promote a one world government that erases nationalities and makes every citizen a citizen of the world!! So my reason for mentioning these authors was not to refute Saiʻs thesis on its face (which I will get to in due course) but to show that even the Hawaiian Kingdom succumbed to statism (perverted form of federalism) and the idea of unifying the Islands under one leader. Kamehamehaʻs government effectively colonized the Islands by creating a central government and displacing and killing other Aliʻi. Their was NO democracy in the creation of the Kingdom, it was a blood bath not unlike American wars against Native Americans. UN charter is taken word for word from the Russian Constitution and its purpose is to force all nations into compliance with its terms and its stated intent. Kamehameha was a free mason and Hawaii was part of a evil union (league of nations) that is today dysfunctional and corrupt. A “colonized mind” seeʻs the world and history through this league of nations paradigm, which is the idea of a world policing body. Iʻv just gotten started and do hope we can have some dialogue without personal attacks or straw man arguments that go in circles. No one is saying we are not occupied only that the viable venue for redress is not through the UN where the US is directly challenged but through a mechanism that gains wide support even from the US for restart or for what some are calling a renewed treaty that puts the two nations on equal footing bypassing a legal a showdown at the UN where we will lose. Remember that Saiʻs complaints at the UN were all rejected by officials who I dare say are the most qualified to weigh the merits of Saiʻs dissertation. Also, I have religious and philosophical reasons for avoiding the UN as well, which I will get to if you allow me. Before I go let me just mention that Keaiʻi Blaisdell Aken, has produced a qualified counter to Saiʻs claim to the Regency, which is where I plan to go next if you can handle it.
Noa, Dr. Sai’s complaint at the U.N. General Assembly was not denied. The U.N. General Assembly concluded the HK continues to exists and had to allow the complaint to be filed because it met all their statutory requirements. If he was wrong about the HK and it’s occupation the U.N. General Assembly would have denied to accept the complaint and that would have been the denial. The member states were served notice but they don’t have to do anything if they don’t want to it’s their call, that was foreseen. This complaint is a strategy for something in the future. The interesting thing to me is that you contradict yourself, you posted “…No one is saying we are not occupied. Noa YOU are saying we are not occupied. If you agree with the professors at the U.H. and Julian Aguon’s narrative that the U.S.’s Power over Hawaii made it’s annexation legal. You are have just admitted that Hawaii was colonized and legally made part of the United States. What’s going on with you???? So what’s this magic mechanism for a restart??? Let us know so we can research it and break it down.
Kekoa “No one ever figured out it was a beligerent occupation until Dr. Sai came along, everyone else misdiagnosed our situation..
Most of what Sai teaches today I learned from Bumpy Kanahele 25 years ago so no!
It is Sai who “misdiagnosed our situation” in ways that some say discredit the movement as a whole beginning with his false claim to Regency. To me its just terrible strategy to alienate other activists if even by such things as mischaracterizing a simple intellectual exchange as a criminal act. Objective people, I believe, would have a very difficult time with Saiʻs interpretation of Zʻs rebuttal to Sai.
“Don’t you guys realize that our occupation is unique and like no other”
I agree 100% although I doubt for the same reasons. For one the job of International law /community to weigh the crimes of member nations is relatively short history for the United Nations and for nations on the whole given the span of history. Our situation is “like NO other” unfortunately since while knowing full well the laws of occupation were not yet established until 1948, we force ourselves into a corner, some would say straight jacket since for the most part full restoration will be through grass roots state wide referendum not through aristocracy set up by Sai and Co.
Truth be told. Saiʻs tries to lobby the ICC officer to expand its jurisdiction which requireʻs amending current definitions of war crimes among others things. So when we deal in International law and Family of Nations to describe things like our legal standing or crimes against humanity we are talking International law and therefore debating in circles. Btw, Kekoa my Kuleana has been very different than Zuriʻs who I cannot speak for. I reach out to Justice minded Americans who still believe in the Rule of law and independence for Hawaii. The UN could dissolve in a twinkling of an eye, as could America! The question I always ask is how did the nations resolve their dispute pre International lawa?
Noa, I left out addressing Keali’i Aken’s so called qualified counter to Dr. Sai. As far as I know Keali’i is only a practicing attorney with a JD in law and not a Masters or PHD in law. He does not meet the adademic standards to be qualified. What ever he presents is just an opinion. Even in a court of law, arguements and opinions of counsel are not facts before the court. Facts are admissible evidence or testimony by a qualified expert witness or a witness with first hand knowledge. I hope he’s not going to publish his own opinion and try to pass it off as a non-qualifed expert like Konklin. You and I both know what’s the proper academic way to challenge Dr. Sai’s work. Like I said before, no one has done it, not even the Dean of the Law School who had four years to break Dr. Sai’s dissertation.
Aloha Dr. Hawaiian for filling in da pukaʻs I left out! Kekoa Iʻm sure you know anyone can file a complaint at the UN, and NO way is accepting a compliant tantamount to recognition NO WAY! Just as NO way did the Judge recognize the Kingdom as alleged by Sai!
We already know where Z and Noa are coming from and neither one of them have any credentials or anything else of value. But Dr. Hawaiian takes the cake because he calls himself a so, called Dr. and yet like his butt buddies they are paddling their PUKA canoe up a stream with very little or no water. Their canoe or should I say Kayak (not a Wa’a) is sinking rapidly every time they open their mouth. Time to abandon ship, I mean you puka canoe or should I say your Americanized kayak……. Row Row Row Your Boat!!!
Kekoa –
So you think just because someone no more one MA or a PhD, that “what ever that person presents is just an opinion?”
Of course Keanu Sai would make one self-serving statement li’dat. He has to. And of course you wen go repeat his comments. (You too lazy for do any real-kine research on your own and make your own conclusions)
Keanu like for call practicing licensed attorneys as only “practitioners” an-den he go say they no-stay one academic like him. He not even one REAL-kine academic. He stay one tenured or tenured track professor in da UH system li’dat? Or is just one lecturer at one community college?
I’ll take practitioners ova academics any day of da week. Brah – if you need one surgery, you like one practicing surgeon cutting you up, or you like somebody who only lectures about it cutting you up?
Why you no go ask Keanu Sai why he wen lose his traffic case when he got one ticket fo’ speeding? If his credentials are sharp li’dat, and if he has real-kine expertise, then he should be able fo’ get himself out of paying a simple speeding ticket, no? Well bruddah, guess what? He neva win! But, if he wen get one practicing attorney representing him who knows betta den fo’ argue his illegal occupation mumbo-jumbo he woulda been betta off.
Good ting bruddah Noa Napoleon wen tell us about Julian’s pepa. On page 33 Julian wen show one flaw in Sai’s diss-ertation. Bruddah Sham wen cite Krystyna Marek, but he neva wen quote her full-kine. In odda words, he wen pick and choose what he like use for his diss-ertation but neva like talk about da stuff dat make his argument look bad. Keanu like say dat Hawaii been belligerently occupied since 1898. But Krystyna Marek wen write somet’ing dat Sai neva like anybody else know – so he wen make shua he neva use-um in his pepa. She wen write – “But belligerent occupation is by definition not of a lasting character. Sooner or later it is bound to end, whether in favour of the occupied or the occupying State . . . .”
Julian wen point dis out. How U going defend dat Kekoa? Sai like argue da belligerent occupation been going on fo more den 120 years. But da International law expert he uses fo’ make his arguments says belligerent occupation is temporary-kine an- when it ends, it can end wit’ da occupier as da winna and da occupied getting da short-end of da stick.
I get one theory why Sai like for say peepo wit’out one PhD not qualified for address him – He shame dat peepo who no more one PhD stay discovering dat he da kine – mis-states tings all da time like how Z say Sai stay lying about da Maui Judge. If he not lying – den dat buggah no unda-stand what he stay saying himself. Smaht kanaka law students wen take him to task in Professor Chang’s class and Sai wen get all nuha cuz they neva wen like da kool-aid he geev out.
Kekoa – you wen write – “Go look up the U.H. of Hawaii website and check out the Bio on the Dean of it’s Law school. He is a qualified scholar in law and research. He was on Dr. Sai’s committee four years. He is more than qualified to have brought up all the legal arguements that would have shut down Dr. Sai’s dissertation.”
I wen look-up dat buggah – I agree wit’ you. Da law school dean is more den qualified for bring up all da legal arguments for shut down Sai’s dissertation.
But I get one question for you. You can show me any rule or one law dat says da law school dean is REQUIRED or OBLIGATED in any-kine way for shut down Sai’s dissertation?????? Since you like use da student code of conduct stuff against Z – I figgah you can find dis out.
Eh Dr. Hawaiian, what you doctor of??? I know…..trying to act like you know what you talking about wen you don’t. No act cracka jack!!!
Dr. dumb ass,
If Julian was all that, why aren’t you at his website supporting him?
There is no need to cause pilikia over here, unless you support the
wrongful acts of the united states.
You, like everyone else, have the right to support any theory of your
choice concerning Hawaii’s past, but whether right or wrong no one
here gives a damn what you or that dumb ass Z think it should be!
No matter what, the fact is that you have absolutely nothing to share
that would make anyone want to take anything you say into
consideration.
Kekoa and Dutchy trying to help you, but no can. Poho!
You should check out ken conklin, you’re just like him! Maybe you
are him? Or, from the same genealogy tree with him! Lonely, no one
else care to hear anything you have to say!
Hilahila! Take a direct HINT go away!`
Why, does everything Krystyna Marek say 100% correct? Dumb ass!
Maybe Dr. Sai is presenting his perspective in a different light and
did not want to make a direct challenge to her personally. I know you
never figured something like that because you, noa and z are to pig
headed to think things through, just blurt your unregulated thoughts
like an uncontrollable fart that you think is funny and amazing at the
same time. Left overs from maoli world, probably why that site shut
down!
Dr. Hawaiian, regarding the beligerent occupation question. The U.S. lied and fooled everyone including the international community, that’s why it lasted this long. The scam is being exposed and I don’t think the International community is going to fall for the same scam twice.
No one ever figured out it was a beligerent occupation until Dr. Sai came along, everyone else misdiagnosed our situation. Don’t you guys realize that our occupation is unique and like no other in the entire history of international law. The U.S. did not want it to look like and occupation for obvious reasons but if it was treated as such from the begining it would have been over a long time ago.
I don’t see what’s the big deal about Krystyna Marek’s statement.. “But belligerent occupation is by definition not of a lasting character. Sooner or later it is bound to end, whether in favour of the occupied or the occupying State . . . .”
What’s the big deal? Like Marek said it’s going to end. What determines a winning out come is strong admissible evidence, correct presentation of facts and the law and knowing how to impeach the other guys evidence and witnesses.
Like you mentioned Dr.Hawaiian, if I was going to have a quadruple bypass heart surgery, I would look for a specailist in that field. I wouldn’t let my General Practice M.D. operate, heck he would think I was crazy, he would refer me to a specialist in that field.
The same would be for bringing the HK’s case to a proper international venue. Only the best team of board certified specialists would be allowed to present the Hawaiian Kingdom’s case. Not a bunch of cracka general practicing wanna be’s using the wrong leal theory. That would be stupid.
OMG, your question regarding the Dean’s responsiblity as a PHD committe member is self evident and doesn’t warrant a response.
Aloha, is it just me or does anyone else feel that Dr. Hawaiian and Noa are psychics. They seem to be channeling Zuri Aki through their posts. LOL
They are all padding the same canoe. The only problems is…..there is none!!! The Faith Yanagi Syndrome…….
Noa, than you go try and file one with the U.N. general assembly and we will see won’t we.
I would never presume to act on behalf of all Hawaiians without their full informed consent to do so! Unlike some self anointed regents I know!
Noa, “…unfortunately since while knowing full well the laws of occupation were not yet established until 1948, we force ourselves into a corner,…” “…The question I always ask is how did the nations resolve their dispute pre International lawa?” They used International customary law and the laws of war on land and other conventions. The 1948 laws of occupation merely codified those pre-existing laws while adopting more to fill in the pukas. You think it all started in 1948 and that’s why you think it cannot apply.
With International customary law there are no court trials per say because prior to 1848 the so called laws of occupation are not redressable as we might think of trials or legal cases that are adjudicated in a court of law. This is why sovereignty is primarily a political question even if it has legal dimensions.
The Hawaii Supreme Court denied the Petition for Writ of Mandamus and the Petition for reconsideration regarding the Molokai fisherman criminal case on May 6th.
http://www.courts.state.hi.us/docs/opin_ord/sct/2015/May/SCPW-15-0000236recond.pdf
http://www.courts.state.hi.us/docs/opin_ord/sct/2015/April/SCPW-15-0000236ord.pdf
Mahalo,
Interesting! With no objections, the Supreme Court has interceded
and sent this into a spin!
“where a court has discretion to act, mandamus will not lie to
interfere with or control the exercise of that discretion, even
when the judge has acted erroneously. . .”
How can the Supreme Court exercise discretion when it was
clearly evidenced it has no jurisdiction? It has no jurisdiction
and absolutely no discretion!
Absent a treaty of cession to evidence its lawful authority in the
Hawaiian Islands the court has chosen to retain discretion.
Haa! They don’t want to give up control.
This refusal to see outside the box, above the law behavior
is the core essence of a war crime!
Now the world can clearly see that there is no fairness where
the foundational base is built upon corruption!
But then again, judgment is already taking place!
Ku’e I ka hewa!
What you mean judgement is taking place?
Do you mean divine judgement?
Yep, divine judgment!
“Petitioners fail to demonstrate that they have a clear and
indisputable right to have their criminal cases dismissed or that
the Respondent Judge committed a flagrant and manifest abuse of
discretion in denying the motions to dismiss.” The Judicial Notice does not appear to have any meaning or be enough evidence. So the system will pick and choose and apply “Justice” according to their agenda. That’s convenient. So where does the battle go to now? Back to the Swiss, Canadians and UN?
No redneck
I hear circular comments about colonization. Personally, I am not qualified in any way shape or form to comment about the legaleaze regarding this case. But, after reading each and everyone of these comments, i find that there is a chasm of confusion about how Hawaii can de-couple from the EMPIRE.
How do we go backwards as a Nation-State?
How can we move forward without Monarchy or a sham democracy. We do not live in the United States….we are under the control of a global corporate aristocracy. This aristocracy is and has gained power by turning races and classes against one another.
I find the discourse between Hawaiians about who should rule the residents of Hawaii really unfortunate and useless. Feudalism feeds on poverty/powerlessness and ignorance. I will point out that the African Americans in the US have been easily managed bc they have not aligned with a common goal.
As a student of global social issues, I need to speak to this. Hawaii and her citizenry need a new conversation that few if any Nations are having as they try to prevail on a global scale. This type of economic hegemony is the reason Hawaii is subject to this power-structure and this power-structure sprang from feudal monarchies, effectually militarizing the populations of Earth.
Hawaii is poised to TEACH THE WORLD A NEW WAY
the way of PERSONAL SOVEREIGNTY that has no lords
I am a simple Earthling. you, no matter what your race or blood line are just like me, an Earthling. We are fighting over an illusion of power. Do you know what true power is? it is a bio-region that supports its citizenry. We are rapidly losing this, while we argue about blood quantum and who we should pay fealty to. This is not the Game of Thrones folks!
I feel like the legal approach is a snake eating its tail, since it is all conceptual and conceptually owned by the Empire. How do we de-couple from Empire?
SELF-SUFFICIENCY
while we argue in court with the Empire, and then take that argument forward, it only serves to splinter our common goal: to de-couple from the Empire.
it is time for us of all races to align toward securing our common interest, a bio-region that allows all of the citizens to contribute. few can contribute in an Empire, they can only give their life force to a slave system that pits us against one another clawing for supremacy, which is the very same moves that Empire has already won. that is why we are having this pitiful conversation about a sham justice system and who is more qualified to speak to this. As we argue, the water is poisoned by this empire. the fisheries are destroyed by this empire, the hawaiian forests are lost and the land is sold to foreigners.
You don’t have a king, unless the kingdom of peoples agree’s. there is no agreement here – therefore, the Empire wins, you lose and feudalism is the law of the land. it is not a kind form of feudalism, it debases our bio-region and causes us to lose heart.
AGAIN! I WILL SAY, UNLESS HAWAIIANS AND THE FOREIGNERS THAT MOVED HERE AGREE THAT THE BIO-REGION IS QUEEN/KING AND THAT WE MUST SERVE OUR ELEMENTS THAT GIVE US LIFE…NOT THESE CONCEPTS THAT DEBASE OUR HEARTS, WE ALL LOSE!
I say this out of love for Hawaii and Her People. Those who love the Aina are the true Hawaiians.
collectivism and a one world state is what we capitulate to even if we say otherwise. empire is something all nations succumb to eventually. good thing we have International laws to safeguard our common political rights!! imua!
There is a major difference between top-down forced collectivism and voluntary cooperation into coops and collectives for mutual benefit. No! all nations do NOT succumb to empire. It is the large, economically powerful who do so. Ever hear of “the Empire of Haiti”,or Bolivia, or Laos?” (Or Hawai’i for that matter?) No! Good leadership, aligned with people’s aspirations does not become empire.
Aloha Win808, yeah it’s no surprise. We shouldn’t expect the cartel to adimt they committed crimes and would refrain from committing more crimes. I do agree they just provided overwhelming evidence of intent to commit war crimes.
Aloha Kekoa, I agree! To me, the most important thing is that
the Supreme Court was faced with overwhelming information
and evidence concerning the prolonged U.S. occupation of the
Hawaiian Kingdom; their response has sealed their faith.
It’s like asking a criminal: how do you plead? Ah, I retain discretion
in spite of my apology (U.S. Public Law 103-150, 1993) in order
to implement self-preservation. I said I was sorry, but not that sorry
to inconvenience myself in order to make things right with you!
Ha, Hewa!
Aloha Lori, The Monarchy was nothing like those of other countries as you described. If the Hawaiian rulers did not love their people they would have kept their governance as Absolute. The monarch without any provocation of revolt from his people voluntarily divested his absolute power by transfering it into a Constitutional Monarchy. Show me where in the history of the entire world did a King give up his absolute power to rule. Then he voluntarily and equitably didvided up the entire land system amongst the ruling class, chiefly class and commoners. You cannot equate our constitutional monarchy to the feudalism of Europe.
The Hawaiians were already ruling the way in you want things to be ruled.
The Hawaiians did not choose to be occupied our situation was forced upon us and then compounded with 120 plus years of brain washing. We do not need to have foreigners agreeing with us inorder to move forward. We must undue the brain washing and deprogram the americanization. You wouldn’t allow an alcoholic or drug addict that is obviously under the influence to drive or make legal decisions would you? That would be irresponsible. That person would need to stop consuming alcohol/drugs, wait until the effects wears off and then be of sober mind to drive or make legal decisions. The Hawaiians first need to stop consuming americanization, wait until they are no longer under that influence and then be able to make legal decisions. The laws that govern war on land an occupation provides for this very issue. This is done through education of individuals, countries and international venues that can hold the occupier/drug dealer accountable for their actions and safe guard the rights of the occupied in order to heal their land and people.
Aloha Wayne, our occupation will NEVER be resolved in the occupiers courts. It will be resolved at the international level. However, we must exhaust all remedies and provide them the over whelming evidence there is no justice in the occupiers courts.
I really appreciate your insight on all the issues. The State of Hawaii dismissing/throwing out their own Judicial Notice provides another piece of evidence that injustice will continue.
Aloha Wayne, I also appreciate this site, you and others that provide positive, motivating and accurate discussion.
My manao on how I see things unfolding is that our issue of occupation will only get bigger and gain momentum. It will be taken out of the domestic control of the U.S. and made a subject of international law. Countries that are occupied see results when a stronger country or group of countries begin to assert pressure on the occupier through a combination of international law, politics, military or finances that will directly affect the occupier.
I’m pretty sure the U.S.’s little dirty secret of Hawaii’s occupation will be utilized mainly if it benefits those countries who will take up the the issue with the United States.
However, before they can do that they will have to prepare themselves to withstand the blowback. The atmosphere at the international level is heading towards leveraging and wrestling away the control of the global currency away from the United States to have an even or superior position.
Hence, the creation of the BRICS, AIIB and other financial systems and stragegies that are replacing the use of U.S. dollars
to conduct commerce and settle international debts.
There is a strong certainty that in October 2016 the IMF will announce China’s Yuan as one of the official reserve currencies of the basket of currencies used to settle debts. A massive transfer of wealth will occurr as countires will be dumping billions of U.S. foreign reserves dollars to obtain China’s yuan as part of their foreign reserve currency. Here’s and interesting advertising incentive by China.
China just announced they are establishing a new physical gold pricing mechanism by the end of this year (2016) that will probably be denominated in yuan. Unlike the U.S. Comex, it will deal directly in physical gold sales rather than paper futures and derivative contracts. Pretty cool strategy, especially if they price the gold higher than the paper that the U.S. and London holds.
What I am getting at is that at the international level countries will not be dependent on the U.S. that controls their purse strings. They will have leverage and an alternative to a major reserve currency. Now, they can hold the U.S. accountable for it’s human rights violations and minimize their blowback. In history, occupation ends when a bigger player(s) help end it or the financial consequences are so great it is not economically feasable to sustain the occupation. Just my manao.
Aloha Kekoa,
The bruddah in the video link below can talk, whether or not
he is telling the truth remains to be seen. Some of the things
mentioned are obvious, but then again he is selling info on
the collapsing U.S. currency based upon fear and urgency.
Jim Rickards’ forecast of an impending U.S. financial crisis
further support the fact that other countries (BRICS & AIIB)
are indeed preparing for the coming fall out!
http://pro.moneymappress.com/MMRBS495LG/PMMRR271/?iris=267040&h=true
Pa’akiki popo concerning the Hawaiian Kingdom’s sovereignty
equates to the fall from grace for the united states of america!
The U.S. brought this upon themselves, we were kind enough
to point out their mistake to them! Ku’e I Ka Hewa!!
A hui hou
Aloha, Win808
And the way I see it is that U.S. Government can be a big man and acknowledge the U.S. occupation of Hawaii and do what is legally required to provide the transition to eventually end this occupation, or they can do it the hard way, which is something personally I don’t want to see. But if are forced to do it the hard way, they will not only impact themselves, but their own citizens as well. Off hand I cannot think of what and how the United States will impact themselves because of this occupation and I don’t want to; but in the end, there is no doubt something. And I don’t want to personally see that something.
We have too start using the word lawful not legal , because legal doesent mean law ! It just means bilateral agreement on a contract. And because the kingdom exsist we should take down the American flag or at least put it under our flag. We also should start blocking the harbors where the foreign outside busnesses in the tourist busnesses are stealing lots of money from us on a daily basis, we need to get out their and let the tuorist know that these people are tresspassing on our economy and stealing money from us on a daily basis.Thats a hell of alot they stealing from us add all the Islands up and see how much every day!And its a soft spot for subject matter jurisdiction, the supreme court already ruled its case law all we all gotta do is go out and get it done lets keep the momentom going no scared lets go. WE CAN !!!!!!PS excuse the spelling!! But we can hit this right in the kinipopo!!!! starting with the tourist busness in the ocean!!! Because after being in the tourist busness my self I found out that its how they start funneling the money arround and cross referenceing to each other and keep the money away from the real host of Hawaii. Ive been on trilogy all phony redneck they were invoulved in the distruction of Manele harbor they no good not to mention the rest of the outside Maui Redneck crew. I wish we could get down to the harbors and start!!!!They need to get out no compramise!!!!Cause this nocan cuz!!!!!
All governance originates from the natural law self-governance of sovereign self-organizing systems such as sentient beings. To the degree that we fail to exercise those god-given capacities and potentials, we allow parasitic entities entry to control our thoughts and deeds, and consume our source energy. May blessings be upon your path of self-perfection in this womb of Heaven.
If we can battle for Manakea and Haleakala then we can battle for economy too!!!! why not we own it!!!!!!!We should settle for more not less!!!
we need to see some parer work for the international war crime stuff, so we have somthing to work with so we alll can file complaints.
Swiss Federal Court recognizes Switzerland’s Treaty with the Hawaiian Kingdom. The Swiss Federal Criminal Court recognizes the treaty between Switzerland and Hawaii and protests in Hawaii are mounting against the US Government for vacating their official position.
http://www.prnob.com/release/show/swiss-federal-court-recognizes/13312
Aloha Harris, the issue of Hawaii’s occupation will gain momentum and exposure. Things are just getting started, soon the world will know Hawaii is occupied and the U.S. will have to deal with it.
Kekoa, let’s see what happens not about Harris’s source..
Sorry, not sure about Harris
Wow what a beautiful job! Mahalo for the education, it’s the best weapon and only weapon the Hawaiian people have.
Big Mahalo
THANK You…Our Kingdom lives On…and one day in the near future our People will rise that claim our Soverity AGAIN..AMEN..
Historical truth right there ! No going back now Kia kaha kanaka o Hawai i
We, Na Kanaka & all citizens of the Nation of the kingdom of Hawai’i even those of us who now live abroad, the time has come for us to learn the facts, the truth, and begin restoring our Nation. “Wise up, Rise up & Act!”