On January 17, 2013 a hearing was held in a foreclosure case, Bank of Hawai‘i v. Keli‘iho‘omalu, in the Circuit Court of Second Circuit in Wailuku, Island of Maui. The Keli‘iho‘omalus filed a motion to dismiss on the grounds that the court does not legally exist and if the case was not dismissed the actions taken by the Court and the Plaintiff would constitute war crimes and they will be reported to the United Nations Human Rights Commission in Geneva, Switzerland.
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In their motion, the Keli‘iho‘omalus provided clear evidence of an illegal occupation by the United States and that without a treaty of annexation, the State of Hawai‘i government and its courts are illegal. The Keli‘iho‘malus argued, “This Court cannot claim the Circuit Court of the Second Circuit has subject matter jurisdiction in light of the evidence to the contrary, and if this court disregards the evidence it will be in direct violation of Article 147 of the 1949 Geneva Convention, IV, by willfully depriving the Defendants a fair and regular trial, which is a grave breach and a war crime.”
Attorney Dexter Kaiama provided special appearance for the Keli‘iho‘omalus at the hearing. In addition to the evidence already submitted, Kaiama read into the record a “Declaration of Leland Pa,” a Hawai‘i County police officer that inquired into war crimes committed by Hawai‘i Island Circuit Court Judges Greg Nakamura and Glen S. Hara, and District Court Judge Barbara Takase.
The complaints were filed by Kaiama with the U.S. Pacific Command and the Office of the United Nations High Commissioner for Human Rights in Geneva, Switzerland, and alleged these judges deprived his clients of their right to a fair and regular trial during occupation, being a war crime under the 1949 Geneva Convention, IV. The basis of the complaints were the 1893 Lili`uokalani assignment and the Restoration Agreement, being international compacts, the 1907 Hague Convention, IV, and the 1949 Geneva Convention, IV, and U.S. Army Field Manual 27-10.
According to the declaration, Pa initiated the inquiry in September 2012 as part of his “duty to identify potentially serious law enforcement and government problems” after obtaining “copies of war crime complaints from the Law Office of Dexter K. Kaiama.” He stated he began the inquiry to see how he would be affected as a police officer and “if it would pose potential problems for law enforcement and government officials.”
At 10:30 p.m., November 6, 2012, Pa called the “Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch-Complaint Procedure Unit, United Nations Office at Geneva” and that a spokesperson confirmed they are in receipt of the complaints but could not provide any more assistance. Pa stated the spokesperson recommended that he “contact U.S. departments that deal with war crime complaints.”
On November 8, 2012, at 9:30 a.m., Pa called the headquarters of the U.S. Pacific Command at Camp Smith, Island of O‘ahu, and spoke with Ronald Winfrey, Principal Deputy Staff Judge Advocate. Pa informed Winfrey of his concerns and how these complaints could affect his duties as a police officer. When asked about the complaints from Kaiama, Winfrey stated “he knows those complaints because out of all the complaints he has read those are the most precise and clear.”
Pa stated that as he “began discussing the basis of the complaints such as no treaty of annexation, Mr. Winfrey candidly and without hesitation said, ‘Oh yes, there is no treaty.’” According to Pa, Winfrey attempted to ease Pa’s concerns about the implications of war crimes by stating that U.S. Courts will not hear these cases because they would be dismissed for lack of jurisdiction. Pa then asked Winfrey to respond to his questions.
- “Since there is no treaty, can the unresolved issues of the executive agreements and Hawaii’s occupation get resolved by a U.S. Court in the future?” Winfrey “stated that is possible.”
- “If a U.S. Court should find in favor of plaintiff’s claim regarding the executive agreements and Hawai‘i’s occupation, then the prosecution of said War Crimes would come into play?” Winfrey “stated that is possible.”
- “Since there is no treaty, the plaintiff does not need a U.S. court ruling? The Plaintiff could get these issues resolved in an International venue and then prosecution of war crimes would come into play?” Winfrey “stated that is possible.”
Pa informed Winfrey that as a police officer he swore “an oath to uphold the laws and constitution of the United States. Article 6, clause 2 of the U.S. constitution declares that treaties, which includes executive agreements, are the supreme law of the land. Because there is no treaty of annexation we are faced with a difficult situation, which needs clarification and I find it necessary to notify my superiors.”
Pa’s telephone conversation with Winfrey took place before the Hawaiian Kingdom acceded to the International Criminal Court (ICC) on December 10, 2012 and beginning on March 4, 2013 the ICC can begin the investigation of war crimes committed within Hawaiian territory. After March 4, 2013, the U.S. Pacific Command will also be subject to investigation and prosecution by the ICC.
Aloha to Leland Pa for his report. Those words were music to my ears and a happy flutter in my heart to push forward the need to clarify, further how to use these laws to help get our brothers and sisters out of US prisons…protect our waters, lands, air space, minerals and peoples from genocide by foreign laws and foreign people who are in those courts and refuses to follow the laws of this kingdom nationʻs State.
Eh Kawehi! I was forwarded this comment of yours on the main article about Office Pa and the legitimate concerns he has, and we all have who are ardent advocates of genuine sovereignty for Hawai’i. I have been following issues in the aina as closely as I can after coming back to family property in Maine from Hawai’i in 2001. I miss all the good folks there, but have been back 3 times since. I do the best I can to spread the truth about the true status of Hawai’i as continued occupied nation. I was back for a Jan 17th observance in 2001 and saw Moanikeala, among others. Aloha to all, Jon
I’m sure when Pa asked his questions and Winfrey replied “stated that is possible.” “After March 4, 2013, the U.S. Pacific Command will be subject to investigation and prosecution by the ICC.” I myself cannot fathom the extent of the change to come when the United States will admit to the wrongful act committed since the 1898 joint resolution of annexation and the ICC’s involvement. The people of Hawaii will need to take the “red” pill for the new reality.
Mahalo nui to Leland Pa for standing up for what is pono!
There is no treaty! No treaty = no State of Hawaii!
Mr. Pa’s information should be presented to fellow police
officers as well as other State of Hawaii employee heads on
all islands! It’s time for accountability!!
I forgt to ask, how did the Second Circuit Court rule in the January 17, 2013 Keli’iho’omalu case?
The motion was denied and we’ve been told by Mr. Kaiama that the complaint for war crimes will be drafted soon against the presiding judge, the Plaintiff and Plaintiff’s attorney as stated in the Defendants’ motion.
Will that case go before the Appellate Court?
It almost seems as though certain individuals working
in the courts here in the Hawaiian Islands think they’re
exempt from ICC prosecution! It seems like the U.S. is
playing chicken with the HK at the expense of the State
of Hawaii Judges. Poor Judges are waiting for the word
from congress like they have consistently believed to be
true in their past opinions, but when it all goes down the
U.S. will perhaps state that these judges took an oath to
support and defend the U.S. constitution, the supremacy
clause is a part of that constitution, what part did these
judges not comprehend that the 1893 executive
agreements are the Supreme Law of the land?
Can’t wait to whisper, ignorance of the law is not an excuse!
Can’t wait to see what takes place after March 4, 2013!
Or, can it be that the State of Hawaii court Judges are
the last line of defense perpetuating the fraudulent acts that the treasonous provisional government started 120 years ago back in 1893.
It goes beyond reasonable thinking that Judges and lawyers practicing in Hawaii cannot grasp the fact that there is no treaty of cession between the United States and the Hawaiian Kingdom and without such a treaty the jurisdictional grounds that forms their very judicial foundation is void!
Just a thought
Aloha e Hawai’ian Kingdom Blog, Mahalo for this story and for being available to us in Hawai’i and beyond these fair islands. I am lifted up or I can say, blessed by this information. Keep it up. A hui hou. Jj
this is a huge problem and someone needs to do the right thing already and make hawaii a country.
Any reports against Oahu courts and judges?
Oh, Boy! Why does it alway have to be Maui? We seem to be setting a lot of precedents lately.
I dont think we should prosecute all the Judges for war crimes. Cant we pardon some of them? After all we’re still going to need things like police, lawyers and judges after reconstruction.
I hate to play “Devils Advocate” but could it be that after all the years of training under the U.S. system of law for decades that some of them are just too thick to comprehend exactly whats going on and what it means? I always try to put myself in their shoes. How would you feel if suddenly you were told that everything you thought was, wasn’t and that all the decisions you made as a Judge were null and void. And whats more, you could be held personally responsible because you swore an oath to the wrong country.
Judges regardless of your personal experiences, good or bad, only want to serve the community and do what is right. And prosecuting them for war crimes because they were fooled into believing Hawaii was annexed doesn’t seem right.
We today need to understand what our Queen and Kupuna felt when our country, aka Hawaii Kingdom was KIDNAPPED by a handful of deceiving insurgents and with the help of American Military by intimidating with their guns and cannons, preventing Queen Lili’uokalani from arresting the wrong doers.
REFER to HawaiianKingdom.org for more detailed information:
War Crimes Reports
Liliuokalani Assignment
1893 Liliuokalani Agreement for U.S. President to administer Hawaiian Kingdom January 17 1893
Restoration Agreement
1893 Cleveland – Liliuokalani Agreement to Restore the Hawaiian Kingdom government December 18 1893
War Crimes Reported
list of 3 Hilo judges and 1 Oahu judge in 2012
Since, 1898 through today we were born into a system of lies, deception and illegality there should be NO compassion to pardon the wrongful act of our PAST. The insurgents didn’t think twice to restore the Hawaiian Kingdom back to our queen and if they did we, Hawaiians, wouldn’t be having ” what is right or what is wrong.” However, the International Criminal Court will possess jurisdiction over Hawaiian territory and investigate the continued war crimes committed.
It’s obvious to me that these judges that are being indicted by the ICC have long records of condoning occupier laws instead of HK Laws, the Law of the Land. They ought to be punished to the full extent of the law. The preponderance of their decisions only shows how complicit they are, imposing foreign law. As a consequence our people have been violated.
A contaminated identity or being cognitively impaired is not enough to grant them leniency for the horrific decisions they have made. Nihilism is a war crime.
Enough suffering for Na Kanaka and HK nationals. Restore our Hawaiian Kingdom Island Nation. Bring in the Noblemen.
Wow! Good start! I really destest the Pacific Command, along with its military bases all around the HK! (Not to metnion its a violation of Hague Convention V, 18 October 1907) It claims that its “protecting the aina” but in reality, its putting all of the people of Hawaii in severe danger from another foreign attack! Take example December 7th, 1941! No doubt it can happen again! In fact, that’s the #1 fear I have under this occupation–another foreign attack because of the heavy U.S. military base presence! I can imagine the outcome….Ohh!
Legally, the U.S. Pacific Command should have been administering the Hawaiian Kingdom law because of its occupation in 1898. Since, admitting to No Treaty of Annexation of Hawaii, we are a country. As, Dr. Keanu Sai, has stated with what happened to Japan and Iraq under U.S. occupation to administer their law. It hasn’t happened to Hawaii hence Dr. Sai’s web site, Hawaiian Kingdom.org or the Hawaiian Kingdom blog to educate everyone.
Maybe its too early in the disscusion to pose this question, but I’m gonna put it out there anyway…
Ok, so the I.C.C. will begin to prosecute Judges and perhaps the members of the “State of Hawaii” who are complicit in the illegal occupation, right? What shall we do if lets say at the risk of further charges of committing war crimes, these said Judges and other public officials decide to If you’ll excuse the expression pack it in and go home? What happens if Judges, the DHS, the DLNR, and other high ranking officials suddenly abandon their stations and say “to hell with it, it’s not worth going to prison for” What then?
I know a lot of us out there still have some unanswered questions and more still may be completely oblivious and undoubtedly some may even refuse to accept that anything at all is happening, even as the walls of their world view begins to crumble around them. Therefore even more to that point we must do everything in our power to help get this message across. Tell your friends, family, and neighbors. Share and like this on Facebook, Twitter, ANYONE WHO WILL LISTEN! Get the word out! Granted there will be some who will cling on to the fake state of hawaii as if it were the Titanic, insisting that it’s unsinkable. People like our friend Kennith Conkln and the people who may believe in his message perhaps need the most information and convincing.
The point is, is that we need to start talking about the Restoration, or Reconstruction phase. The shoe is gonna drop and we all need to start bracing for the impact it’s gonna have. And believe me not one of us is going to be able to escape it’s impact. If we succeed (and we MUST succeed for the sake of future generations and the life of the land) its going to change the world as we know it.
Aloha kakou. We here in Hawaii and the world have come a long way since the beginning of brain washing and set into place the mindset of not being who we are. Everybody has been affected, not only the Kanaka Maoli. Yes, it started with the Hawaiian subject then extended out into the whole world. Since the deception, literally everyone doing business in Hawaii and throughout the world have come to believe the Hawaii was indeed annexed. This devious plan was put into play for one thing, and one thing only — for the sake of US becoming the most powerful country in the world. And since 1898 they succeeded, until now!
Dr. Keanu Sai and others have taken the “red” pill and is exposing the reality of the US and its lie about Hawaii nei. And I say mahalo nui loa for their sacrifice, suffering and continued dedication in the hard work you share.
As far as those in position; high positions and such, they have continued to do business as usual under the “US constitution laws”. They were innocent, as we all have. Therefore it can be understood that they were victims, like the rest of us but no longer. If they continue now to do business as usual, they should be prosecuted for was crimes. They can’t have it both ways.
Officer Pa realizes this. And that is why he took upon himself to investigate what he learned and questioned the US Pacific Commander. Therefore Pa knows that he cannot follow orders to evict or anything without committing war crimes.
Mahalo for allowing me to share my understanding.
Imua o Hawaii Ea
Aloha! A’e! Indeed! Everyone in Hawaii has been affected by this occupation! Not just the kanaka Maoli! All of us! We all sat in the same school classroom and was taught the same propaganda from one person to the next! No one is different from the effects of this occupation! We all have been affected. Hence, that is one thing in common we all have!
Hawaii to the U.S. Government is a diamond that cannot be lost and they’ll do whatever it takes to hold on to it! The continuence of propaganda, indoctranation, racial division of the people of Hawaii, and the continuence of using the kanaka Maoli as one of their scapegoats! All this stuff hurts and saddens me! Its a stain that I cannot clean off!
The U.S. is desprate with a capital “D”! If America loses Hawaii, their reputation as the world’s superpower comes crashing down!
As a sovereignty advocate since the 1970’s (but now living in Maine), I regard Dr. Sai as my mentor when it comes to the legal and theoretical (in a good sense) matters at hand. I am fervently hoping that the sovereignty people back on the aina are reaching out to thinking people of all ethnic backgrounds in order to generate potent allies. It is not enough to have only the Kanaka Maoli on board. The Empire is brittle–hard but fragile. when it breaks (like the USSR) it is imperative that other ethnic peoples see that their future lies with a unified independent and sovereign Hawai’i.
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Nice brief; could i see the formal complaints and documentation to aid in future dealings with said courts and posse.
The other issue is the international status of neutrality of the Hawaiian Kingdom. USA military activities within the Hawaiian Kingdom territory are violations of its neutrality laws.
You could take violations of Hawaii’s neutrality one step further than the United States. All Countries that take part or have taken part in U.S. PACRIM exercises and are signatories’ to the United Nations Convention on the Law of the Sea are in violation of said Convention.
What has happened in the ICC since they started their investigation? When will this investigation end ?