This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.

By Scott Crawford, Hana, Maui


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Sai v. Obama – Point of Clarification

From Keanu re Sai v Obama et al

POINT OF CLARIFICATION. There appears to be some confusion regarding the federal lawsuit so I would like to take this opportunity to provide some clarification. Some believe that I’m asking the court to determine the legal status of Hawai`i as a sovereign and independent State. This is not so. Whenever a lawsuit is filed, whether criminal or civil, there has to be a dispute. By definition, a dispute is “a conflict or controversy; a conflict of claims or rights; an assertion of a right, claim, or demand on one side, met by contrary claims or allegations on the other.” My particular dispute is with the Federal Defendants (Clinton, Gates and Willard), who I allege are liable because as a result of not faithfully executing the Lili`uokalani assignment, which is to administer Hawaiian Kingdom law, I was convicted of a felony under U.S. law through the State of Hawai`i, and since the indictment of attempted theft of real estate was manufactured, because you can’t steal or attempt to steal land, it also constituted a violation of the 1949 Geneva Convention and Title 18 U.S.C. §2441(c)(1) regarding warcrimes which is defined as depriving a protected person of a fair and regular trial. My trial was neither fair nor regular. I contend Federal Defendants are liable and they are supposed to say “no we’re not.” Instead of answering the complaint to deny or accept the allegations, the Federal Defendants chose to attack the complaint on procedural grounds, which I completely expected. Since I filed the lawsuit under the Alien Tort Statute, alleging I’m an alien (Hawaiian subject) and the violation of the treaty (Lili`uokalani assignment) took place outside of the United States (in the Hawaiian Kingdom), they had to attack procedurally because if they answered and responded to my allegations they accept the court’s jurisdiction under the Alien Tort Statute where I’m an alien and the violation took place outside of the U.S. So, in essence, the U.S. District Attorney would have to show that I’m not an alien, and to do this he would have to show that Hawai`i was lawfully annexed to the United States, thereby making the Hawaiian Kingdom to be the State of Hawai`i and my citizenship American and not Hawaiian.

In the U.S. Attorney’s motion to dismiss they said the complaint fails on 4 procedural grounds: (1) the court cannot exercise jurisdiction because Hawai`i was admitted as State of the Federal Union in 1959 by Congress and as such it’s a political question; (2) that Federal and State Courts in court decisions already determined that the Kingdom doesn’t exist and therefore I have no claim upon which relief can be granted; (3) the complaint was not written according to the rules; and (4) the Statute of Limitation ran out because a complaint should have been filed 6 years after Congress admitted Hawai`i as a State in 1959. My Opposition to their motion refuted all four: (1) the 1959 Statehood Act is an internal law of the U.S. passed by Congress and has no effect outside of U.S. territory, and therefore cannot be argued by Defendants without violating the Lili`uokalani assignment; (2) Federal and State Courts did not rule on the Kingdom because every decision stated the “defendants provided no evidence”; (3) the complaint had to be written in that form because this information was never presented before any court of the U.S., and also because I’m representing myself I am given latitude; and (4) the Alien Tort Statute provides a Statute of Limitations to actually be 10 years after an injury to an alien. In its reply to my opposition, the Federal Defendants did not press the 2nd and 3rd grounds, but are relying only on the 1st ground, which is that Hawai`i became a State in 1959. I then filed a response to their reply clarifying the weakness of their argument. An oral hearing should be set by the court in the near future.

The outcome of the pleadings is that it chiseled the matters regarding jurisdiction of the court, where the point of contention between the Federal Defendants and myself, as Plaintiff, is whether or not the 1959 Statehood Act prevents the court from exercising jurisdiction over the case because it’s a political question. The U.S. Attorney is arguing that I’m challenging the legality of the State of Hawai`i, and therefore the challenge is a political question because they content that the legal status of Hawai`i was committed to Congress and not the court. But I am not challenging the legality of the State of Hawai`i. Instead I am utilizing my indictment, conviction and sentencing by the State of Hawai`i as evidence of the violation of the Lili`uokalani assignment, and therefore my rights as a third-party beneficiary of the assignment. The State of Hawai`i can’t exist at the same time as the Hawaiian Kingdom. Since there is a presumption of continuity on the part of the Hawaiian Kingdom, because U.S. President John Tyler afforded recognition as an independent State in 1842, and President Cleveland entered into an agreement with the Hawaiian Kingdom’s Queen in 1893 temporarily assigning executive power to administer Hawaiian Kingdom law, the U.S. Attorney cannot claim that Congress affected the status of the Hawaiian Kingdom by passing an internal law claiming Hawai`i was the 50th State in 1959, which is 66 years after the fact. The U.S. Attorney cannot get around the fact that Congressional laws have no force beyond the borders of the United States. Instead, what the U.S. Attorney was supposed to have done was show that the Hawaiian Kingdom became a part of the United States under international law, which would have succeeded the Lili`uokalani assignment and effectively allow Congress to transform Hawai`i from a Territory into a State of the Federal Union as well as having altered by alien status from a Hawaiian subject to a citizen of the United States.

Please pass this on to others you may feel would be interested in the lawsuit.


6 comments to Sai v. Obama – Point of Clarification

  • Keliiaumoana

    Mahalo nui for clearing that up. Many of us not familiar with the legal system and procedures find it confusing and hard to follow.

  • Vasaloloa Taualii

    Dr. Sai’s arguments are so well-presented and impressive. I am proud to have a Hawaiian local make such a brilliant and logical case against such
    “goliaths.” The magnitude of this lawsuit and its outcome is of no small consequence. To understand the depth and breadth of this issue, it’s important for everyone to read all articles posted on the Hawaiian website.

    Much gratitude and appreciation for the sacrifice and hardship of those engaged in fighting for their rights as well as those of our ancestors. The courage and bravery in assuming these issues are inspiring. Not to give in to “bullies and tyrants” no matter the price is a priceless gift to pass on to our younger generation.

    Mahlo and fa’afetai tele

  • Sarah

    “Some believe that I’m asking the court to determine the legal status of Hawai`i as a sovereign and independent State.”

    Regardless of what you are attempting, the legal status of Hawai’i is at play. I pray if this unsuccesful, you do not give legal precedent to dismiss other suits in the future. I don’t believe an American court will ever rule in the way you want. The longer the occupation, the harder it is to change.

  • Kawika

    The legal status of a country is never determined by a national court because international law is the determining factor for the existence of country and not the internal laws of country. What national courts, however, do is determine whether or not the government of a country (State) has been afforded diplomatic recognition or diplomatic recognition was withdrawn by their own country’s government. An example of this would be applied to Cuba, where Cuba as a State continues to exist, despite the U.S. withdrawal of diplomatic recognition of it government. If there is question as to the diplomatic status of a State’s government, U.S. courts refer to that as a political question committed to the executive branch of government which the President heads. U.S. courts won’t take up political questions when committed to the executive branch. That’s why there is a distinction between the government of a State and the State itself. This lawsuit is not about diplomatic recognition of the Hawaiian government, because the U.S. President provisionally serves as the government that administers Hawaiian law, which is mandated by the Lili`uoklani assigment. There can be no precedence set if the Court can’t determine the legal status of Hawai`i.

  • Concerned Hawaiian National

    Is my right to sue as a Hawaiian subject affected by the outcome of this case, if so how do i protect this right belonging to me and my ohana? I’m not saying alot of the things the plaintiff is asserting the defendants have today [obligations] under the laws of occupation, in fact I don’t think the defendants have any right to exercise our laws for us, I believe we have these right to operate our own laws in our own country. I have checked to see if there exist in US congressional records a proclamation or declaration of war agaist Hawaii and am not able to find it, so if this plaitiff would be so kind as to point me in the right direction then I would appreciate it. Is this not a prerequisite to qualify the use of the Laws of war or can we just construct the action of these Americans as an act of war which quantifies the assertion that the US President, the Federal defendants and its Warring Terrorist department have the rights to establish the laws of this Kingdom. Just curious and doing some research of my own.

  • kekoa

    Mahalo for the clarification. The perponderance of irrefutable evidence, demonstrates beyond a reasonable doubt Hawaii is a sovereign and independent State. The occupation never changed it’s status and never will, only it’s effectiveness to operate. Exposure like this brings transparency. Win or lose, an appeal get’s you a bigger audience,more exposure and it will become crystal clear to the U.S. and the international community that Hawaii is occupied. Then take it to the next level. Imua imua a lanakila.

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