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. Clinton, et al – Plaintiff’s Reply

From Dr. Sai…

UPDATE: APRIL 2, 2011 — On April 2, 2011, Plaintiff filed Plaintiff’s Reply to Federal Defendants’ Opposition to Plaintiff’s Motion to Reconsider. In Plaintiff’s Reply it states “Defendants allege Plaintiff is rearguing facts and theories that the court has already ruled and that ‘Plaintiff’s Motion to Reconsider reads more like his previous filings that it does a fresh look at the issues in this case.’ This is not so. As stated by Defendants in its Opposition, Plaintiff can succeed on his motion to reconsider if he can demonstrate some ‘intervening change in controlling law, the availability of new evidence, or the need to correct a clear error or manifest injustice.’ Plaintiff’s motion was filed to ‘correct a clear error’ of the Court’s application of Lin v. United States, 561 F.3d 502; 385 U.S. App. D.C. 191 (2009), and the political question doctrine because unlike Taiwan, the U.S. Executive did recognize the sovereignty of the Hawaiian Kingdom since 1842, which has not been denied by Defendants throughout these proceedings.” Plaintiff also filed Notice of Maui County Council Resolution Urging Support of the Intent of House of Concurrent Resolution no. 107, Establishing a Joint Legislative Investigating Committee to Investigate the Status of executive agreements known as the Lili’uokalani Assignment and the Agreement of Restoration.

3 comments to Sai v. Clinton, et al – Plaintiff’s Reply

  • Kekoa

    Excellent response to the misapplication of Lin v. United States. United States recognition of Hawaii’s sovereingty was already established by U.S. President Tyler in 1844. President Cleveland’s investigation into the illegal overthrow resulted in a settlement with the Queen. These executive agreements reinforces the U.S. recognition of Hawaii’s sovereignty and the Queen as it’s (sovereign) Head of State. It is clear the Defendants and the court are substituting President Mckinley’s improper recognition of the Republic of Hawaii to justify their use of the political question doctrine. Mckinley and all successor Presidents are bound by these agreements and have a duty to execute them. His actions were a direct violation of these agreements. A State cannot benefit from it’s wrongful act. A denial of Plaintiff’s motion for reconsideration would be the U.S. Judicial branch joining the Executive and Legislative branch in the ongoing violation and fraud.

  • Win808

    Yesterday’s 60 Minutes, http://WWW.cbsnews.com, summed up America in a nut shell. The bankers used the name Linda Green because it was easy to use, high school kids were at times Vice President for the banks. The same banks that the U.S. government gave a 700 Billion dollar bailout to. What is the State Attorney General doing? Perhaps nothing, unless there is money in it for them! The people who lost their home through a foreclosure process that was riddled with Robo fraud should not only sue the banks, but the State of Hawaii too, in both Judicial and Non-judicial process because the State of Hawaii judicial system help to carry out the bank fraud and put people on the streets.
    The Judges in a Judicial foreclosure action should’ve known that the lenders had absolutely no standing to prosecute these kinds of cases.
    Non-judicial foreclosure actions, although private, used the grounds of the Circuit Courts to carry out these fraudulent sales, even though the courts have asked lenders to leave the court area, they have not made it clear to the non-judicial foreclosure attorneys not to use their location in the News Paper of general circulation as the place where the auction will take place.
    Further, by holding the foreclosure other than the designated published location violates the foreclosure posting publication requirements and the sale must be set aside, this should be addressed especially at the hearing for a writ of possession as that is the only forum available to bring up this issue!
    It’s one thing to turn a blind eye on the events that occurred in the Hawaiian Kingdom in 1893, but how can the State of Hawaii avoid all the wrongful foreclosure actions about to take place here in Hawaii?

    I think I heard it said: what goes around, comes around!

  • paulette jules

    Useful suggestions – I Appreciate the insight . Does someone know where my assistant can get access to a blank 2010 FL Bar 11 copy to fill out ?

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