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 – Additional Point of Clarification

From Keanu re Sai v Obama et al

ADDITIONAL POINT OF CLARIFICATION. There has also been some question as to why I’m requesting the Court to supplement the Complaint by reinstating President Obama and adding 35 Diplomats from Foreign States who have Consulates in Hawai`i. When President Obama was initially listed as a defendant in the original complaint along with the other Federal Defendants, it was because he is the successor of President Cleveland, and the only reason I had to remove him as a defendant was because of the U.S. Supreme Court case Nixon v. Fitzgerald decided in 1982. Since the filing of the lawsuit, President Obama has continued to violate the terms of the executive agreement (Lili`uokalani assignment) by administering U.S. Federal law in Hawai`i and not Hawaiian Kingdom law. Also Defendants Clinton, Gates and Willard have also continued to violate the executive agreement (Lili`uokalani assignment) by accrediting 35 foreign Consulates in Hawai`i under U.S. foreign relations law as well as meeting with China’s military in Honolulu as well as Japan’s Foreign Minister.

The First Amended Complaint specifically asks the Court “For a Judgment or Order Awarding PLAINTIFF all temporary and preliminary injunctive and ancillary relief as may be necessary to avert the likelihood of continuous injury during the pendency of this action and to preserve the possibility of effective final relief,” and “For a Judgment or Order Preliminarily and Permanently enjoining DEFENDANTS from continuing to violate the Lili`uokalani assignment.” An injunction is a “court order prohibiting something from being done or commanding something to be done.” Since the U.S. Attorney has not provided any evidence denying the existence of the Hawaiian Kingdom and the Lili`uokalani assignment, nor has he provided any evidence that Hawai`i was annexed to the U.S., is precisely why President Obama and the other 35 Diplomats needed to be added as Defendants to the Complaint because of the request for an injunction.

According to the Foreign Sovereign Immunities Act, foreign States can’t be sued for punitive damages, but can be sued for injunctive relief. As for President Obama, Nixon v. Fitzgerald would give immunity to the President from lawsuits, but President Obama can’t claim to be a bona fide President since the U.S. Constitution requires the President to be a natural born citizen. Since President Obama was born in the Hawaiian Kingdom, and not born in the United States, he is a President de facto (in fact). Nixon v. Fitzgerald only applies to Presidents de jure (by law). I am not claiming Barack Obama is not a U.S. citizen, because he is by his mother (jus sanguinis). He is, however, not a natural born citizen (jus soli), which is a constitutional requirement to be President. During occupations of a country, international law prevents individuals from acquiring the citizenship of the occupied state through birth on the soil (jus soli) and can only acquire citizenship from their parents (jus sanguinis).

According to Professor Von Glahn, “the nationality of the inhabitants of occupied areas does not ordinarily change through the mere fact that temporary rule of a foreign government has been instituted, inasmuch as military occupation does not confer de jure sovereignty upon an occupant. Thus under the laws of most countries children born in territory under enemy occupation possess the nationality of their parents.” See Gehard von Glahn, The Occupation of Enemy Territory: A Commentary on the Law and Practice of Belligerent Occupation (University of Minnesota Press 1957), 60. Therefore, individuals born in the Hawaiian Kingdom while under occupation since August 12, 1898 during the Spanish-American War can only acquire the citizenship of their parents (jus sanguinis). Hawaiian subjects today must be a direct descendent of a Hawaiian subject by parentage, irrespective of ethnicity, as of August 12, 1898.

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