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Office of Hawaiian Affairs CEO Crabbe, and Trustee Ahuna Questioning Possible Criminal Charges Which Will Be Made In The ICC/International Criminal Courts, etc.

Posted by Amelia Gora on May 12, 2014 at 5:37am in Politics

Trustee Ahuna removed his name from the "Rescind letter" resulting from Kamanaopono Crabbe, CEO of OHA/Office of Hawaiian Affairs.

 

OHA trustees rescind letter to feds on Hawaiian Kingdom's status

By Star-Advertiser staff

POSTED: 01:48 p.m. HST, May 09, 2014 
LAST UPDATED: 06:53 p.m. HST, May 09, 2014 

COURTESY OHA
Kamanaopono Crabbe.

 
 

The Office of Hawaiian Affairs Board of Trustees Friday rescinded a letter written by OHA chief executive officer Kamana'opono Crabbe and sent to Secretary of State John Kerry requesting an opinion on whether the Hawaiian Kingdom still exists as an independent sovereign state under international law.

Trustee chairwoman Colette Machado said trustees were surprised and taken aback when they read the letter this morning. She said it was written without their knowledge and the content of the letter does not reflect the position of OHA or the trustees.

"We were totally caught off-guard," she said.

In his May 5 letter, Crabbe said he was requesting a formal legal opinion from the Justice Department's Office of Legal Counsel on the matter because recent diplomatic proceedings suggested OHA and its trustees may be open to criminal liability in the pursuit of a Native Hawaiian governing entity. He said he would request approval from the trustees that they refrain from such activity until an opinion is issued.

OHA is financially supporting the independent Native Hawaiian Roll Commission, which is preparing and maintaining a roll of qualified Native Hawaiians to work toward the reorganization of a native government.

OHA released a copy of Crabbe's letter to Kerry Friday morning and by late afternoon the trustees said they had rescinded it.



Letter to Secretary of State John Kerry

 
PHONE 808) 594-1888
Secretary
of
State John F. KerryU.S. Department
of
State2201 C Street NWWashington, DC 20520
STATE
O
HAWAI I
OFFICE OF HAWAIIAN AFFAIRS
560 N.NIMITZ HWY., SUITE 200HONOLULU,
HAWAI I96817
May 5, 2014
FAX 808) 594-1865
Re: Inquiry into the Legal Status
of
the Hawaiian Kingdom
as
an Independent Sovereign StateDear Secretary Kerry,As the Chief Executive Officer for the Office
of
Hawaiian Affairs, being a governmentalagency
of
the State
of
Hawai i, the law places on me, as a fiduciary, strict standards
of
diligence,responsibility and honesty. My executive staff, as public officials, carry out the policies anddirectives
of
the Trustees of the Office
of
Hawaiian Affairs in the service
of
the Native Hawaiiancommunity. We are responsible to take care, through all lawful means, that we apply the bestskills and diligence in the servicing
of
this community. It is in this capacity and in the interest
of
the Office
of
Hawaiian Affairs I am submitting this communication and
f 1mal
request.The Office
of
Hawaiian Affairs was established by a Constitutional Convention held inHawai
i
in 1978. Under Article XII
of
the Constitution
of
the State
of
Hawai i, the Office
of
Hawaiian Affairs shall exercise power as provided by law: to manage and administer theproceeds from the sale or other disposition
of
the lands, natural resources, minerals and incomederived from whatever sources for native Hawaiians and Hawaiians, including all income andproceeds from that pro rata portion
of
the trust referred to in section 4
of
this article for nativeHawaiians; to formulate policy relating to affairs
of
native Hawaiians and Hawaiians; and toexercise control over real and personal property set aside by state, federal or private sources andtransferred to the board for native Hawaiians and Hawaiians. The board shall have the power toexercise control over the Office
of
Hawaiian Affairs through its executive officer, theadministrator
of
the Office
of
Hawaiian Affairs, who shall be appointed by the board.In 2011, Governor Abercrombie signed into law Act 195 that formally recognizedNative Hawaiians
as
the only indigenous, aboriginal, maoli population
of
Hawai'i. Act 195

read more at http://www.staradvertiser.com/news/breaking/20140509_oha_seeks_clarity_on_hawaiian_kingdom_status.html

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Replies

  • Amelia Gora May 12, 2014 at 5:13pm

    Trisha Kehaulani Watson-Sproat shared her status update.
    6 hrs

    Chair Machado's email

    Trisha Kehaulani Watson-Sproat's photo.
    Trisha Kehaulani Watson-Sproat's photo.
    Trisha Kehaulani Watson-Sproat's photo.

    Chair Machado's email reloaded (so everyone can see)

  • Amelia Gora May 12, 2014 at 4:40pm

    off of facebook:


    Pono Kealoha
    28 mins · Honolulu, HI

    Here you go Live from ponosize 

    http://youtu.be/nsLEeRR2fX8

    Kamanaʻopono Press Statement 5-12-14
    OHAʻs Kamanaʻopono Press Statement 5-12-14
    YOUTUBE
    • Amelia Gora > Amelia Gora May 12, 2014 at 4:42pm
      Nanci Ameling Munroe
      28 mins

      On KGMB tonight:

      http://www.hawaiinewsnow.com/story/25496399/hawaiian-affairs-ceo-mo...

      Hawaiian Affairs CEO moving forward after letter
      The chief executive of the Office of Hawaiian Affairs says he's moving forward after a disagreement with the organization's trustees over seeking clarification on the legal status of the Hawaiian Kingdom.
      HAWAIINEWSNOW.COM|BY MILEKA LINCOLN
      • Amelia Gora > Amelia Gora May 12, 2014 at 4:43pm

        Maxine Suder-Wilcox
        9 hrs

        Kale Gumapac
        19 mins · Edited 
        Just got off the phone with OHA Trustee Bob Lindsey. He assured me that he supports Kamana'opono Crabbe and the letter that was sent to Secretary of State John Kerry. He will be sending a letter to Collette Machado informing her of his support of getting answers to questions asked by Kamana'opono in his letter to Secretary of State John Kerry. Bob said that these questions should have been asked and answered long before OHA started whole process. He also said that the move to fire Kamana'o are only rumors. Collette does not have the votes to take him out.......This is hot off the phone lines!

        • Amelia Gora > Amelia Gora May 12, 2014 at 4:45pm
          Panaewa Phhlca Homestead shared Aha Kane's photo.
          18 hours ago
          PAY ATTENTION FOR THE SAKE OF INDEPENDENCE!
          "Who can protest and does not, is an accomplice in the act." -The Talmud

          Men, it is time to unite and support a fellow brethren, warrior and leader. The pū is sounding and the kāhea is being put out for all kāne to come and kāko'o one of ... See More
          Photo: "Who can protest and does not, is an accomplice in the act." -The Talmud Men, it is time to unite and support a fellow brethren, warrior and leader. The pū is sounding and the kāhea is being put out for all kāne to come and kāko'o one of our own! Tomorrow at 10a, Ka Pouhana (CEO) Kamana'opono Crabbe will be holding a press conference at the Iwilei, Office of Hawaiian Affairs. We are asking all to come and support the actions and voice Kamana'o has given to our Lāhui. Please arrive early to let our voices be heard by the Trustees.
  • Amelia Gora May 12, 2014 at 9:13am

    This was just posted on facebook:

    Alapaki Kim
    15 hrs · Maili, HI

    Fyi. This was posted by Williamson Chang (attorney and prof. at UHM) on his facebook page.

    What Have the OHA Trustees Done -- It Doesn't Make Sense or Does It?


    What Have the Office of Hawaiian Affairs Trustees Done—It Doesn’t Make Sense or Does It?

    Posted on May 10, 2014 by Hawaiian Kingdom
    After the Office of Hawaiian Affairs CEO Dr. Kamana‘opono Crabbe submitted a formal request to Secretary of State John Kerry seeking clarification on the legal status of Hawai‘i under international law, all nine OHA Trustees yesterday signed a letter to the Secretary of State, stating:

    “We understand that you received a letter from Office of Hawaiian Affairs Chief Executive Officer Kamana‘opono M. Crabbe, PhD dated May 5, 2014. The contents of that letter do not reflect the position of the Board of Trustees of the Office of Hawaiian Affairs or the position of the Office of Hawaiian Affairs. That letter is hereby rescinded.”

    Did the Trustees even read Dr. Crabbe’s letter? How do you rescind a letter that seeks clarification for risk management purposes. You can’t. The only person that can rescind the letter is the CEO himself, and only when the risks identified have been found to not be risks in the first place. Another word for this is fiduciary duty.

    This morning’s front page article in the Star-Advertiser reported that Trustee Chairwoman Colette Machado said “Crabbe exceeded his authority as chief executive officer that requires him to consult the board on such matters.” Is Dr. Crabbe’s request for clarification a management issue or a board issue. Does the CEO need Board approval to ask questions? What is the position of the Board of Trustees of the Office of Hawaiian Affairs? We don’t want clarification? The so-called rescind letter is not only odd, but it is disingenuous and has nothing to do with Dr. Crabbe’s letter. It also raises the question of who is pulling the strings.

    After carefully reviewing Dr. Crabbe’s letter, he did not state or even imply that he was taking any position on whether or not the Hawaiian Kingdom continues to exist. He merely sought clarification on a legal issue that the Department of Justice’s Office of Legal Counsel is more than capable of answering. If there is any position taken by Dr. Crabbe its responsible management and the well-recognized principle “risk management.” His letter begins with:

    “As the chief executive officer and administrator for the Office of Hawaiian Affairs, being a governmental agency of the State of Hawai‘i, the law places on me, as a fiduciary, strict standards of diligence, responsibility and honesty. My executive staff, as public officials, carry out the policies and directives of the Trustees of the Office of Hawaiian Affairs in the service of the Native Hawaiian community. We are responsible to take care, through all lawful means, that we apply the best skills and diligence in the servicing of this community. It is in this capacity and in the interest of the Office of Hawaiian Affairs I am submitting this communication and formal request.”

    The performance of risk assessment begins with identification of risks. Once the risk or risks have been determined the management can choose to avoid the risk, reduce the risk, share the risk or retain the risk. After the option is made, management then calls for a plan for contingencies, create safeguards, and, lastly, to monitor.

    Dr. Crabbe has clearly taken the path to avoid the risk by seeking clarification from the State Department and the Department of Justice’s Office of Legal Counsel.

    From his letter he specifically states the risks began to surface when one of his executive managers attended a presentation and panel discussion at the University of Hawai‘i Law School featuring former Hawai‘i governor John Waihe‘e, III, senior Law Professor Williamson Chang and political scientist Dr. Keanu Sai. The law student chapter of the American Constitutional Society sponsored the presentation. Dr. Crabbe provided Secretary of State Kerry an online link to view the video of the law school presentation.

    Crabbe wrote, “The presentations of Professor Chang and Dr. Sai provided a legal analysis of the current status of Hawai‘i that appeared to undermine the legal basis of the Roll Commission, and, as alleged in the panel discussions, the possibility of criminal liability under international law. Both Professor Chang and Dr. Sai specifically stated that the Federal and State of Hawai‘i governments are illegal regimes that stem from an illegal and prolonged occupation by the United States as a result of the illegal overthrow of the Hawaiian Kingdom government. As a government agency of the State of Hawai‘i this would include the Office of Hawaiian Affairs, and by enactment of the State of Hawai‘i Legislature, it would also include the Roll Commission. Both Act 195 and U.S. Public Law 103-150, acknowledges the illegality of the overthrow.”

    Here are some quotes from senior Law Professor Chang:

    “The power of the United States, over the Hawaiian islands, and the jurisdiction of the United States in the State of Hawai’i, by its own admissions, by its own laws, doesn’t exist. And so that means that ever since the 1898 annexation of Hawai’i, by a Joint Resolution, they say, we have been living a myth.” (3:01 min/sec.)

    “If you don’t have legal power over a territory, you’re governing without jurisdiction.” (4:20 min/sec.)

    “…there’s no treaty between the United States and Hawai‘i by which Hawai‘i was acquired by the United States…” (4:41 min/sec.)

    “A joint resolution, as an act of Congress, cannot acquire another country …If the United States could acquire Hawai‘i then the House of Nobles and the Legislative Assembly of Hawai‘i could acquire the United States.” (4:54 min/sec.)

    “If two sovereigns are equal … one cannot acquire the other by its own laws.” (5:17 min/sec.)

    “If Congress cannot, by Joint Resolution in 1898, acquire Hawai‘i unilaterally, it cannot do so in 1959.” (9:42 min/sec.)

    “So in short, the United States by its own hands admits that it didn’t acquire the Hawaiian Islands, and all those Hawaiians, who have been saying the United States doesn’t have jurisdiction, have been right.” (11:25 min/sec.)

    “So the annexation, that we all admit that nothing can be achieved without the United States going along with it, that’s the 900 lbs. elephant in the room. But we have to come in with the best leverage we have, and the best leverage we have is a hundred years of being lied to, being misrepresented, being told that we were part of the United States, and that has been legally false.” (17:19 min/sec.)

    “…we’re all in this boat together in this journey of knowledge, and when I talk about the state of emergency, being the United States, how it is able to govern us for a hundred years without putting guns to our heads, it’s us. We’re the problem, the law school is the problem. Why, because judges and lawyers have a duty of candor and truth. Judges, on their own, have to tell the courts, tell the attorneys that there is no jurisdiction. It’s a duty of zealous representation for attorneys to present the best defense, and isn’t it the best defense that there’s no jurisdiction.” (1:36:41 hr/min/sec.)

    Here some quotes from political scientist Dr. Keanu Sai:

    “Without a treaty, the United States has enacted “internal laws,” by its Congress, imposed in Hawai‘i…1898 Joint Resolution of Annexation, 1900 Territorial Act, 1959 Statehood Act, 1993 Joint Resolution of Apology for the 1893 Overthrow” (1:37:17 hr/min/sec.)

    “Now the first and foremost restriction imposed by international law upon a State is that it may not exercise its power in any form in the territory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a State outside of its territory except by virtue of a permissive rule derived from international custom or from a convention.” (1:36:53 hr/min/sec.)

    “military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty.” (1:13:19 hr/min/sec.)

    Even former governor and chairman of the Native Hawaiian Roll Commission Waihe‘e was in agreement with Dr. Sai’s analysis that Hawai‘i is not a part of the United States. Waihe‘e told the audience:

    “I have absolutely no doubt that Hawai‘i is in an illegal occupation, I have absolutely no doubt. I mean, you’ve got to be illiterate not to finally get to that point.” (1:19:04 hr/min/sec.)

    Can a CEO of the Office of Hawaiian Affairs take this lightly, especially when the Chairman of the Native Hawaiian Roll Commission himself stated he has no doubt that Hawai‘i is occupied and that you’ve got to be illiterate to not see it. Dr. Crabbe correctly states:

    “These matters have raised grave concerns with regard to not only the Native Hawaiian community we serve, but also to the vicarious liability of myself, staff and Trustees of the Hawaiian Affairs, and members of the Native Hawaiian Roll Commission. The community we serve, the Trustees, and many of my staff members, to include myself, and the members of the Roll Commission are Native Hawaiians, who are direct descendants of Hawaiian subjects of the Hawaiian Kingdom. And as a State of Hawai‘i governmental agency, it would also appear that I am precluded from seeking any opinion on the veracity of these allegations from our in house counsel or from the State of Hawai‘i Attorney General, because there would appear to exist a conflict of interest if these allegations are true.”

    Dr. Crabbe then provided the questions he’s seeking to be answered as part of the process of risk management.

    • First, does the Hawaiian Kingdom, as a sovereign independent State, continue to exist as a subject of international law?

    • Second, if the Hawaiian Kingdom continues to exist, do the sole-executive agreements bind the United States today?

    • Third, if the Hawaiian Kingdom continues to exist and the sole-executive agreements are binding on the United States, what effect would such a conclusion have on United States domestic legislation, such as the Hawai‘i Statehood Act, 73 Stat. 4, and Act 195?

    • Fourth, if the Hawaiian Kingdom continues to exist and the sole-executive agreements are binding on the United States, have the members of the Native Hawaiian Roll Commission, Trustees and staff of the Office of Hawaiian Affairs incurred criminal liability under international law?”

    Dr. Crabbe’s conclusion in his letter clearly speaks to risk management and his determination to avoid the risk of criminal liability under international law. He stated, “While I await the opinion from the Office of Legal Counsel, I will be requesting approval from the Trustees of the Office of Hawaiian Affairs that we refrain from pursuing a Native Hawaiian governing entity until we can confirm that the Hawaiian Kingdom, as an independent sovereign State, does not continue to exist under international law and that we, as individuals, have not incurred any criminal liability in this pursuit.”

    At no point has Dr. Crabbe taken a position for the Office of Hawaiian Affairs and nor has he taken a position of whether the Hawaiian Kingdom continues to exist. He’s seeking clarification from a federal agency who is more than capable of providing the answers. As chief executive officer, Dr. Crabbe is responsible for the protection of the staff at the Office of Hawaiian Affairs, which includes the Trustees, and to the Native Hawaiian community OHA serves. The Trustees’ so-called rescind letter is a blatant attempt to undermine the very duty Dr. Crabbe was appointed to do as the CEO of the Office of Hawaiian Affairs. The Trustees’ do not manage the Office of Hawaiian Affairs, the CEO does.

    The irony is that Dr. Crabbe’s request for clarification is to protect the Trustees, even from themselves.

  • Amelia Gora May 12, 2014 at 7:59am

    facebook:

    Melissa Moniz shared her status update.
    May 10 at 6:53pm

    Trustee Dan Ahuna just removed his name from the OHA Rescind Letter. Eo Manokalanipo!
    Our efforts are influencing decision makers and those who have signed on to He Manaʻo Pono!

    See a letter from OHA Trustee DAN AHUNA and his decision to remove his signature from the request to rescind Kamanaʻoʻs request to John Kerry!!!!

    ...See More
    Melissa Moniz's photo.
    Melissa Moniz's photo.

    Trustee Dan Ahuna just removed his name from the OHA Rescind Letter. Eo Manokalanipo!
    Our efforts are influencing decision makers and those who have signed on to He Manaʻo Pono!

    See a letter from OHA Trustee DAN AHUNA and his decision to remove his signature from the request to rescind Kamanaʻoʻs request to John Kerry!!!!

    Please Forward to All YOU CAN!!! and SIGN UP AT

    http://www.thepetitionsite.com/525/987/222/he-manao-pono-a-statemen...

  • Amelia Gora May 12, 2014 at 6:13am

      

    https://www.youtube.com/watch?v=uGVQJKgqgY8  If We Hold On Together

This reply was deleted.