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The Kanahele Case

July 13, 1998 - Kanahele freed from restriction



On February 5, 1998, Pu`uhonua Dennis "Bumpy" Kanahele was sentenced to four months in prison, but he had already served all but seven days while awaiting trail without bail in 1995. He was also fined 500 dollars and ordered to spend another four months under restrictive conditions with an electronic monitoring device around his ankle. The federal government's original charges could have resulted in up to ten years of prison for Kanahele, but instead he has been able to remain in his community as an active voice for Hawaii's freedom, and the government's abusive political prosecution has finally come to an end.

On July 13, 1998, the government's monitoring device was finally removed, almost three years after his initial arrest, and Kanahele is able to resume his normal life, including the peaceful political pursuit of Hawaiian independence.



Recent events:


Background

Pu`uhonua Dennis "Bumpy" Kanahele and Gordon Ka`aihue, outspoken activists for Hawaiian independence, were indicted and arrested on Aug. 2, 1995, by United States federal marshals. Kanahele the was held without bail for over three months, widely considered to be a political prisoner.

Kanahele is the Head of State of the newly restored Independent & Sovereign Nation-State of Hawaii, appointed in 1994 by the body of Hawaiian elders who serve as the provisional government according to the Jan. 16, 1994, Proclamation of the Restoration of Independence.

Kanahele and Ka`aihue's trial began on August 11, 1995.

On Tuesday, October 31, a mistrial was declared by presiding judge Helen Gillmor under highly unusual circumstances.

For a detailed legal analysis of this trial, please see THE SENSE OF JUSTICE AND THE JUSTICE OF SENSE: NATIVE HAWAIIAN SOVEREIGNTY AND THE SECOND "TRIAL OF THE CENTURY" by Prof. William H. Rodgers, Jr., published in the Washington Law Review.

Unable to convict the first time, the government planned to retry Kanahele and Ka`aihue.

On Nov. 13, 1995, Judge David Ezra finally ruled that Kanahele should be released from prison, under restrictive conditions at a "halfway house," pending future court actions.

On Jan. 22, 1996, Judge Helen Gillmor denied a defense motion to dismiss the case based on double jeopardy. The second trial was postponed pending appeal of the dismissal motion to the Ninth Circuit Court.

On Feb. 13, 1996, Judge Helen Gillmor allowed Mr. Kanahele to move out of a halfway house and return home, but under highly restrictive conditions. He was not allowed to travel anywhere else in Waimanalo (including Pu`uhonua O Waimanalo Village, the sovereign community of which he led the establishment), he was required to wear an electronic monitoring device around his ankle, he could not have more than 5 visitors at any one time, and could not do business or politics out of his home, along with other conditions, persecutions which continued based on Kanahele's political beliefs--remiscient of 'banning' under South African apartheid.

On Dec. 12, 1996, the Ninth Circuit Court issued a ruling denying Kanahele's motion for dismissal of the case ( See Court Rejects Kanahele's Request To Have Charges DismissedThe Maui News, December 12, 1996), and in May the Supreme court refused to hear an appeal of the motion.

Kanahele's second trial was set for Sept. 16th, but he chose instead to make a plea agreement, pleading guilty to a misdemeanor while the government dropped two greater charges.

Kanahele's co-defendent Gordon Ka`aihue was acquitted by a jury on September 17, 1997.

Below is:


Background

Pu`uhonua Kanahele was indicted and arrested on Aug. 2, 1995, charged with three counts related to allegedly interfering with the arrest of Nathan Brown, a Native Hawaiian activist and tax protester who was considered a fugitive by the federal government.

At the first detention hearing following his arrest, Aug. 4, Kanahele was denied bail, with the prosecution claiming that he was a "danger to the community" and a "flight risk." At an appeal hearing the following week, Aug. 9, character testimony and dozens of letters were submitted on his behalf from well-known community leaders, Native Hawaiian organizations, and international bodies, testifying to Kanahele's credibility and non-violent commitment, and calling for his release. Cash and land were offered as bond. Several Hawaiian elders signed affidavits that they would take his place in prison to secure his release. In spite of these measures, the new judge upheld the denial of bail. An appeal was filed with the Ninth Circuit Court in San Francisco, and a panel of three judges, in a split decision (2-1), again ruled to deny bail. Not until after a mistrial was declared was Kanahele finally released, under restrictive conditions, after four months of imprisonment as an innocent man.

This case was clearly a political prosecution, and Mr. Kanahele has been apolitical prisoner, a prisoner of conscience. The National Council of the Churches of Christ, USA, Interfaith Prisoners of Conscience Projectextended their support to Kanahele as a prisoner of conscience, along with the United Church Board for Homeland Ministries. Many letters to the editors appeared in local papers calling for Kanahele's release and stating opposition to the government's repressive actions. The editor of the Honolulu Star-Bulletin also called for his release in an editorial.

Kanahele is clearly not perceived as a danger by the community, just by the federal government, to whom he is a danger only to the extent that he tells the truth about their illegal occupation of the Hawaiian archipelago.

The charges against Kanahele (which would usually not warrant denialof bail) are for hindering the arrest of a Native Hawaiian taxprotester, Nathan Brown, who was deprived of land by the federalgovernment in violation of an agreement, and then filed tax returnsclaiming that he did not owe taxes as a sovereign Hawaiian due toAmerica's overthrow of his government, which was later acknowledgedin Public Law 103-150. These chargesagainst Kanahele came over a year and a half after the allegedincidents took place, but just two weeks after federal judges wereserved papers by the Nation of Hawai`i putting them on notice forongoing human rights violations against the Kanaka Maoli - NativeHawaiian people. The prosecution denied that the charges are relatedto the notices, but then cited them as reason for holding Mr.Kanahele without bail. Judge Kurren, who first ruled to deny bail,had been served with the Nation's notices, and stated that heconsidered it a threat. But Judge Gillmor, who upheld Kurren'sdenial of bail, also denied a defense motion that Kurren should haverecused himself, saying that although the judge considered thenotices a threat, it did not bias his judgment.

Mr. Kanahele's prosecution is considered direct suppression of the inherent sovereignty of the Kanaka Maoli people, and continued deprivation of their right to self-determination, which the United States acknowledged in its 1993apology for the illegal overthrow of the Kingdom of Hawaii in 1893. Mr. Kanahele denies the United States' jurisdiction in Hawaii based on historical fact and law, but even under the American judicial system this is ablatant violation of rights and justice. Given the international nature of the United States' admitted crimes against the Hawaiian people and nation, however, this political prosecution of the elected head of state of the newly restored Hawai`i Nation is a grave violation of international principles and conventional and customary international law.


To put some perspective on the reality of the situation, Professor of International Law Francis A. Boyle's affidavit to the court, which details the recent events which give the Nation of Hawaii the legal foundation for independence, states: "Upon the adoption of the Constitution by the citizens of the Nation of Hawaii, Mr. Kanahele became Head of State of the Nation of Hawaii. In this capacity, Mr. Kanahele is entitled to receive all the privileges and immunities, respect and deference, that must be accorded to a Head of State as required by the general principles of public international law."

Mistrial declared, prosecution continues

The trial of Pu`uhonua Kanahele ended when Judge Helen Gillmor declared a mistrial on Tuesday, Oct. 31. This historic and unusual case came to an end which is anything but conclusive. The government stated that it intended to retry Mr. Kanahele and co-defendent Ka`aihue. The defense attorneys, Hayden Aluli (for Kanahele) and Sid Quintal (for Ka`aihue), sought to have the charges dismissed on the grounds that a retrial would violate the defendents' rights against double jeopardy.

The end of the trial came amid several unusual circumstances:

First, the jury sent a message to the judge on Friday, October 27, after several hours of deliberations, showing their concern over the instructions they had been given, asking if they were to "...exclude facts and evidence presented, because it appears the instruction is saying we have to allow anyone to enter our private property because they _may_ be marshals?" Part of the defense argument had been that the government failed to prove that Kanahele knew that the person he stopped from entering his property was a federal marshal, who had gotten out of an unmarked car wearing an aloha shirt, and presenting no identification as he ran for Kanahele's gate. But the judge instructed the jury that Kanahele did not need to have known it was a federal marshal he was stopping to be guilty of the crime, and the jury obviously felt troubled by this instruction, indicated by the nature of their question.

Then the jury sent a message out Monday, October 30, after a day and a half of deliberations, that they were at an impasse on two of the three charges.

Then, after being instructed to continue deliberating, it was learned Tuesday, October 31, that one juror had gone to the law library in the court building and checked out a book for a few minutes on the United States Constitution, asking questions of the librarian about the Fourth Amendment, regarding illegal search and seizure. This may have violated the judge's instructions that the jury was not to do any research into the case on their own, but indicated the concern felt about the jury instructions as they had been given, relating to the abuse of power by the government. This same juror had possessed a copy of a "Jury Rights Handbook " which he showed to the other jurors. The jurors sent out a message Tuesday asking if they could use the U.S. Constitution as a basis for their verdict, but did not receive an answer, and were instead instructed to halt deliberations.

Finally, the judge announced that one juror had questioned a U.S. marshal (other than the marshal charged under oath to prevent anyone else from interacting with the jury regarding the case) in a general way about jury tampering during the deliberations.

Based on these circumstances - the impasse that had been reached, the research by one juror into the U.S. Constitution, and the vague suggestion of jury tampering - the judge declared a mistrial late Tuesday, over the defense's objections.

Following the declaration of mistrial, jurors stated to the media that they had voted to acquit Kanahele and co-defendent Ka`aihue on Count 1, a misdemeanor related to a Jan. 27, 1994 incident, but the acquittal was not allowed to be delivered.

The jurors also stated that no amount of deliberation would have brought a unanimous verdict on Counts 2 and 3, felonies which Kanahele faced alone related to a March 16, 1994, incident.

Despite the fact that the judge precluded any argument of sovereignty, mistake of law, self-defense, or the argument that Kanahele was unaware of the identity of the marshals, from formally going to the jury, the government was unable to get a conviction on even one count!

But then they sent Kanahele and Ka`aihue back to square one so they could take another shot at them with a new jury.

Motion to dismiss on double jeopardy

On December 29, 1995, Judge Helen Gillmor heard a defense motion to dismiss the charges against Kanahele based on double jeopardy. Gillmor received written supplementary material until January 3, 1996. On Jan. 22, Gillmor denied this motion.

Kanahele's trial had been rescheduled to begin April 23, 1996, but was postponed indefinitely pending the appeal of the dismissal motion with the Ninth Circuit Court in San Francisco.

During the Dec. 29 hearing, Kanahele's attorney Hayden Aluli sought to uncover more information regarding the issues surrounding the mistrial, primarily the exchange between a juror and a marshal about 'jury tampering' which the judge cited as her primary reason for being unable to continue the trial.

The day of the mistrial, Oct. 31, Judge Gillmor received a call from US Marshal Anne Kent that such a conversation had occured. (Marshal Kent's statements to the grand jury were one of the primary reasons for Kanahele's original indictment.) The judge interviewed the marshal who was involved in the incident, and shortly thereafter called the mistrial. On the way to lunch that day, the juror (the same one who sought out information at the court library on Amendment IV of the US Constitution regarding search and seizure) allegedly asked the marshal who was escorting them a question about whether they had much trouble with jury tampering and if it was serious. The marshal responded and engaged in brief conversation on the subject. However, a different marshal had taken the court's oath to take charge of the jury, swearing that he would allow no one to speak to the jury. That marshal was in the courtroom guarding Mr. Kanahele at the time that another marshal allegedly engaged in conversation with a juror on the subject of tampering which caused the case to be declared a mistrial. US marshals were the government's key witnesses in their prosecution, and this same office violated a sworn oath and caused the mistrial after the jury indicated it was not ready to convict! As Aluli stated, it was the fox guarding the henhouse. If anyone tampered with the jury, it was the marshals themselves, and it is their credibility which is in question...

Aluli argued these points before the judge, and asked her if the defense would be allowed to interview the marshal, but he had been transfered out of Hawaii.

Requests to interview the juror involved were also denied by the judge, so there is no way to confirm whether in fact the juror ever asked a question and if such a conversation ever took place.

Aluli also asked the Judge Gillmor to recuse herself from the hearing on this motion, being too close to this particular situation to make an unbiased judgment. She denied his oral motion.


Statements of Support:

Prof. of International Law Francis Boyle's affidavit to the federal courts

International Indian Treaty Council letter to President Clinton.

National Council of Churches Interfaith Prisoners of Conscience Project letter excerpts

Ho`ike I Ka Pono - Witness for Justice: Hawaii church and community leaders call for Kanahele's release

United Church Board for Homeland Ministries letter

excerpts from some of the many other letters written on behalf of Mr. Kanahele

Letters to the Editors in Hawaii's papers (updated Nov. 10)

Commentary by Office of Hawaiian Affairs Trustee Moanike`ala Akaka

Senator Daniel Inouye on political imprisonment


Related news articles

(articles are chronological - newest articles at bottom of list):Hawaiian activist thrown in jail

Workers World News Service, August 31, 1995

Nation leader Kanahele jailed
Honolulu Advertiser, August 3, 1995

Kanahele accused of aiding '90 tax protester
Honolulu Advertiser, August 3, 1995

Kanahele bail denied while he awaits trial
The Honolulu Advertiser, August 5, 1995

Kanahele: 'I'm a political prisoner'
Honolulu Advertiser, August 8, 1995

No bail for Kanahele, federal judge rules
Honolulu Star-Bulletin, August 10, 1995

Kanahele bail denial is upheld
Honolulu Advertiser, August 10, 1995

Ex-parole chief, legal group back Kanahele bail
Honolulu Advertiser, August 10, 1995

Kanahele's state trial delayed until Thursday
Honolulu Advertiser, September 16, 1995

Double Standard for U.S. Political Prisoners
Lafayette Journal & Courier, September 16, 1995

Church, community leaders push for Kanahele's release
Honolulu Advertiser, Tuesday, October 3, 1995

The Reality of Sovereignty
Open letter to the People of Hawai`i by Pu`uhonua Kanahele from Halawa Prison
Honolulu Advertiser, Wednesday, October 11, 1995

Prosecution or Persecution?
Honolulu Weekly, Wednesday, October 11, 1995

The Trial Begins:

Trial opens today for Kanahele
Honolulu Star-Bulletin, Thursday, October 12, 1995

Kanahele's lawyer cites sovereignty at activist's trial
Honolulu Advertiser, Friday, October 13, 1995

Bumpy trial opens with the 's' word
Honolulu Star-Bulletin, Friday, October 13, 1995

Kanahele's trial draws interesting observers
Honolulu Advertiser, October 18, 1995

Kanahele prosecution rests case
The Honolulu Advertiser, Thursday, October 19, 1995

Original treaties steal show at Kanahele trial
The Honolulu Advertiser, Friday, October 20, 1995

Kanahele's lawyer subpoenas Hawaii treaties
Honolulu Star-Bulletin, Friday, October 20, 1995

Kanahele defense witness testifies about police encounter
The Honolulu Advertiser, Wednesday, October 25, 1995

Kanahele won't testify since he can't raise the sovereignty issue
The Honolulu Advertiser, Thursday, October 26, 1995

Jury begins deliberations in Kanahele federal trial
The Honolulu Advertiser, Saturday, October 28, 1995

Kanahele jury deadlocked on 2 of 3 charges
The Honolulu Advertiser, Tuesday, October 31, 1995

Judge tells Kanahele jury: Keep deliberating
Despite an impasse and defense protests, she orders jurors to press on
Honolulu Star-Bulletin, Tuesday, October 31, 1995

Mistrial:

Turmoil surrounds Kanahele mistrial

Juror suspected of misconduct; jury tampering question raised

The Honolulu Advertiser, Wednesday, November 1, 1995

Two jurors disagree how jury split
One says most favored guilty on 2 counts
The Honolulu Advertiser, Wednesday, November 1, 1995

Kanahele trial likely to wait until January
Juror misconduct and possible tampering led to mistrial
Honolulu Star-Bulletin, Wednesday, November 1, 1995

Dismissed jurors say most were leaning toward felony convictions
Honolulu Star-Bulletin, Wednesday, November 1, 1995

Kanahele retrial set Jan. 3; more jail unjust, lawyer says
The Honolulu Advertiser, Thursday, November 2, 1995

Supporters planning bail for 'Bumpy' before retrial
And his attorney also plans to file motions to acquit him of all charges
Honolulu Star-Bulletin, Thursday, November 2, 1995

Let Bumpy out of jail, ya knuckleheads
Honolulu Star-Bulletin, Monday, November 6, 1995

Bail appropriate for Kanahele
Honolulu Advertiser, Thursday, November 9, 1995

Kanahele's trial is in defense of all rights
Kauai Times, Thursday, November 9, 1995

Kanahele's Release:

Judge sets Kanahele 'free with a short leash'

He's sent to halfway house to await a new trial and told not the visit the Nation of Hawaii's headquarters

Honolulu Star-Bulletin, Tuesday, November 14, 1995

Kanahele to go from prison to halfway house
Honolulu Advertiser, Tuesday, November 14, 1995

Editorial - Bumpy Kanahele: Half-way out of jail
Honolulu Advertiser, Wednesday, November 15, 1995

Kanahele out to mend fences
More conciliatory stance toward other Hawaiians
The Honolulu Advertiser, Wednesday, November 15, 1995

Kanahele says stint in prison changed him
He is ready to work with other groups to achieve sovereignty, he says
Honolulu Star-Bulletin, Wednesday, November 15, 1995

Federal priestess enforces tyranny by hiding the Bill of Rights
MOUNTAIN MEDIA SYNDICATIONS, November 19, 1995

Kanahele's court date will be overthrow anniversary
The change has inspired Nation leader, his lawyer says
Honolulu Star-Bulletin, Thursday, November 23, 1995

Polynesian Political Prisoner or Dennis the Menace to Society?
Voices of Change, December 1995

Judge walks out - lawyer for Kanahele won't shut up
The Honolulu Advertiser, Wednesday, December 27, 1995

Kanahele's lawyer wants mistrial ruling thrown out
He hopes juror testimony will support his opinion there was no tampering
Honolulu Star-Bulletin, Wednesday, December 27, 1995

U.S. marshal may be reason for mistrial
Honolulu Star-Bulletin, Saturday, December 30, 1995

Kanahele allowed to go home
Hawaiian activist restricted while he's back in Waimanalo
Honolulu Advertiser, Saturday, February 10, 1996

Kanahele out on bail, but there's a catch
He's not allowed to visit the 'Nation of Hawaii' headquarters
Honolulu Star-Bulletin, Saturday, February 10, 1996

New Kanahele trial postponed until ruling by appellate court
Honolulu Star-Bulletin, Tuesday, April 23, 1996

Court Rejects Kanahele's Request To Have Charges Dismissed 
The Maui News, December 12, 1996

Kanahele switches attorneys
Associated Press, August 21, 1997

The Plea Agreement and Sentencing

BUMPY'S RIDE
A Hawaiian sovereignty activist settles with the feds
The Honolulu Weekly, September 17 - 23, 1997

'Bumpy' Kanahele gets minimum term
Honolulu Star-Bulletin, February 3, 1998

Sovereignty leader Kanahele sentenced to prison
Associated Press, February 3, 1998

Related news items may also be found at Ka `Upena Kukui: "The Net of Light" - Hawai`i News, Internet Edition


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  • 118,324 
        
    • i like your comment but no people that know their rights: DO NOT all ways beat the IRS in court. just try to report abuse by a cop. you cant use the system to DEFEAT the system.

      the only way is to not comply. thy only have power that you give them.

    • Well, support your ideas that the Fed has anything to do with the income tax. And claiming (incorrectly) that they were both created at the same time isn't proof.

    • I hate to resort to profanity but sometimes nothing expresses the truth more.

      "BULLSHIT"

    • The Federal Reserve has nothing to do with income tax.

    • "If the american people knew how the federal reserved worked there would be a revolution in the morning." Henry Ford

      Most jurors and americans don't have a clue how the FR works, the cheats are the bankster families making billions off the american taxpayer. Our education system is controlled by the bankers. How many finance majors known about the FR? Do you think government universities will teach the truth? The government is the Cheat, they are cheating people into bankruptcy.

    • Many people win cases agaisnt the IRS, but not using any of the argments here. Jury nullification is exactly how I described it. 99% of people won't nullify a jury for a tax cheat, nobody likes people who cheat and cost others to pay more taxes.

    • Several tax protesters have won their cases. The more people know about jury nullification the more court cases the federal mafia will lose. Your analogy about a baby is ridiculous. The US is only one of four countries that prosecute taxes as a felony, the others are USSR, Chins, North Korea. That is the analogy you should be using.

    • That is something you can do, you can also decided that the guys with the blood on his hands really didn't kill that baby, he was just being to friendly. With a hung jury, they wil try again later and get that conviction.

    •  

      • The Federal Reserve has nothing to do with income tax.

      • "If the american people knew how the federal reserved worked there would be a revolution in the morning." Henry Ford

        Most jurors and americans don't have a clue how the FR works, the cheats are the bankster families making billions off the american taxpayer. Our education system is controlled by the bankers. How many finance majors known about the FR? Do you think government universities will teach the truth? The government is the Cheat, they are cheating people into bankruptcy.

      • Many people win cases agaisnt the IRS, but not using any of the argments here. Jury nullification is exactly how I described it. 99% of people won't nullify a jury for a tax cheat, nobody likes people who cheat and cost others to pay more taxes.

      • Several tax protesters have won their cases. The more people know about jury nullification the more court cases the federal mafia will lose. Your analogy about a baby is ridiculous. The US is only one of four countries that prosecute taxes as a felony, the others are USSR, Chins, North Korea. That is the analogy you should be using.

      • That is something you can do, you can also decided that the guys with the blood on his hands really didn't kill that baby, he was just being to friendly. With a hung jury, they wil try again later and get that conviction.

      • If I am on a jury for a defendant that refuses to pay income tax, I will hang the jury until hell freezes over. The law and the defendant are on trial. Jury Nullification is our protection against an out of control revenue based government.

      • The Fed has no role in the Federal income tax. The Constitution specifically authorizes Congress to tax incomes.

      1  2  3  4  5  6  7  Next » 
        
        
      I Just Want To Be Free......by Chicago...........(.from Taxes, etc.)
      •   

        https://www.youtube.com/watch?v=fQP563gKwIU

        Important docs printed by Congress at:  

        http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20...



        "A: Principles of American Democracy

        1. What is the supreme law of the land?
         the Constitution
        The Founding Fathers of the United States wrote
        the Constitution in 1787. The Constitution is the
        “supreme law of the land.” The U.S. Constitution has
        lasted longer than any other country’s constitution.
        It establishes the basic principles of the United States
        government. The Constitution establishes a system
        of government called “representative democracy.”
        In a representative democracy, citizens choose
        representatives to make the laws. U.S. citizens also
        choose a president to lead the executive branch of
        government. The Constitution lists fundamental rights
        for all citizens and other people living in the United
        States. Laws made in the United States must follow the
        Constitution.
        2. What does the Constitution do?
         sets up the government
         defines the government
         protects basic rights of Americans
        The Constitution of the United States divides
        government power between the national government
        and state governments. The name for this division
        of power is “federalism.” Federalism is an important
        idea in the Constitution. We call the Founding Fathers
        who wrote the Constitution the “Framers” of the
        Constitution. The Framers wanted to limit the powers
        of the government, so they separated the powers into
        three branches: executive, legislative, and judicial.
        The Constitution explains the power of each branch.
        The Constitution also includes changes and additions,
        called “amendments.” The first 10 amendments
        are called the “Bill of Rights.” The Bill of Rights
        established the individual rights and liberties of all
        Americans.
        3. The idea of self-government is in the first three
        words of the Constitution. What are these
        words?
         We the People
        The Constitution says:
        “We the People of the United States, .........."

        With the words “We the People,” the Constitution
        states that the people set up the government. The
        government works for the people and protects the
        rights of people. In the United States, the power to
        govern comes from the people, who are the highest
        power. This is called “popular sovereignty.” The
        people elect representatives to make laws.

         

        ABOUT TAXES.........

         

        56. When is the last day you can send in federal
        income tax forms?*
         April 15
        The last day to send in your federal income tax to the
        Internal Revenue Service is April 15 of each year. The
        Constitution gave the federal government the power
        to collect taxes. The federal government needs money
        to pay the nation’s debts and to defend and provide
        for the needs of the country. When the country was
        young, it was difficult to raise money from the 13

        original states. The government began collecting
        income tax for the first time through the Revenue Act
        of 1861. This was only temporary. In 1894, a flatrate federal income tax was enacted, but the Supreme
        Court said this was unconstitutional. Finally, in 1913,
        the 16th Amendment was ratified. It gave Congress
        the power to collect income taxes. Today, “taxable
        income” is money that is earned from wages, selfemployment, tips, and the sale of property. The
        government uses these taxes to keep our country safe
        and secure. It also tries to cure and prevent diseases
        through research. In addition, the government protects
        our money in banks by insuring it, educates children
        and adults, and builds and repairs our roads and
        highways. Taxes are used to do these things and many
        more.

         

        Note:  Notice that your Withholding form says that taxes are "voluntary"......

         Note also that 

        The First Amendment also gives
        people the right to petition the government to change
        laws or acts that are not fair. Congress may not
        take away these rights. The First Amendment of the
        Constitution guarantees and protects these rights

        Note:  Remember that the debt of the U.S. is due to WARS......and because of the financing of WARS are made by the bankers, the Federal Reserve as well is made up of a non-Governmental agency which was sold to individuals who profit off of Americans since President Grover Cleveland's period, the people did not have a say.  TAXES are charged for the purpose of the profiteers running the Federal Reserve, etc.

        Remember that there is no legal basis in collecting taxes which makes all citizens under duress when the American Government is set up BY THE PEOPLE, not by the few...........and THE PEOPLE can make changes according to the U.S. Constitution which was recently stripped by a foreign born President, born in KENYA --OBAMA.....

        also,  this pamphlet available on the internet says this about OBAMA:

         

        28. What is the name of the President of the United
        States now?*
         Barack Obama
         Obama
        Barack Obama is the 44th president of the United
        States. He won the presidential election of 2008 and
        became the first African American president of the
        United States. As president, he is the head of the
        executive branch. As commander in chief, he is also
        in charge of the military. Obama was born in Hawaii
        on August 4, 1961. He graduated from Columbia
        University in New York. Obama also studied law and
        graduated from Harvard University in Massachusetts.
        He served as a U.S. senator for the state of Illinois
        before being elected president. President Obama’s
        wife, called “the First Lady,” is Michelle Obama.

        Note:  This is a lie filled statement because OBAMA was born in Kenya.  See the multiple posts on OBAMA, etc.

        The point being that there are many questionable issues in information put out by the U.S. 

        Also notice that the makings of the U.S. Government "BY THE PEOPLE..."  is NOT the same as the makings of the Hawaiian Government whose Sovereign and House of Nobles made the Laws.

        There are international laws protecting the rights of citizens who are part of the Hawaiian Government, the de jure, Monarchical/Constitutional Monarchy Government whose descendants/ heirs exists today.

        Point being that people under duress, claiming to be part of the Hawaiian Kingdom are not U.S. Citizens in their own country.

         The U.S. have premeditated the takeover of a peaceful, friendly, neutral, non-violent nation by supporting treasonous, conspirators, Pirates, terrorists/ terror makers and have no jurisdiction as Mr. Aki maintained in Court.

        A foreign nation occupying another while having perpetual treaty(ies) intact has no right to collect taxes in a friendly, neutral, non-violent, neutral nation whose Sovereigns, House of Nobles descendants/heirs existed in 1893 till today.

        aloha.

         

        https://www.youtube.com/watch?v=_gqexDy2UHg

  • NATHAN BROWN

     

    The story of Nathan Brown was updated on November 25, 2003 when he claimed in court that "the United States has no authority over the kingdom of Hawaii because the 1893 overthrow of the monarchy was illegal... U.S. District Judge Helen Gillmor disagreed and ruled that she would apply U.S. laws to Brown's case." 

    Here's the full story: 

    http://starbulletin.com/2003/11/25/news/briefs.html 

    Fugitive Hawaiian activist pleads guilty 

    A Hawaiian activist who had been a fugitive for 10 years before being caught in March has pleaded guilty to a federal charge of failing to surrender himself, the U.S. attorney's office announced yesterday. Nathan Keliikui Brown, 49, pleaded guilty to the charge Friday as part of a plea agreement. Authorities said Brown never showed up Nov. 17, 1993, when he was to begin serving a 6 1/2-year federal prison sentence. Brown was convicted of 18 federal felonies and identified as the leader of a group of Hawaiian activists who filed false tax returns to harass public officials. He was captured hiding in a home in the Mountain View area of the Big Island by a county, state and federal fugitive task force. At his hearing Friday, Brown argued the United States has no authority over the kingdom of Hawaii because the 1893 overthrow of the monarchy was illegal, the U.S. attorney's office said. U.S. District Judge Helen Gillmor disagreed and ruled that she would apply U.S. laws to Brown's case. The latest charge carries a maximum penalty of up to five years in prison. Brown's sentencing was scheduled for March 18. 

    ------------------------- 

    The continuing saga of RB Tax Preparation added another chapter with the publication of an article on March 17, 2003 in the Honolulu Star-Bulletin. Here is part of that article: 

    http://starbulletin.com/2003/03/17/news/story2.html
    State tries to restrain frivolous tax filings -- Some claim they owe no taxes because Hawaii is not a state 

    The state attorney general is warning the public against tax preparers who are giving incorrect or frivolous advice that could get taxpayers into serious trouble. Some tax protesters have been asserting that they do not have to pay taxes on wages earned in the state of Hawaii. 

    Five individuals charged with tax crimes have recently changed their pleas and agreed to testify against tax preparer Richard Basuel, of RB Tax Service, at one time one of the state's largest income tax preparation companies with offices in Kalihi and Waipahu. 

    Basuel, who served six months in prison after he was convicted in July 2001 of filing false tax returns by claiming Hawaii as a foreign country and overstating his clients' itemized deductions, is facing new charges of tax evasion, preparing fraudulent tax returns and theft. 

    When told by the Internal Revenue Service that his tax return was frivolous, Miranda responded that he did not have to accept their letter because it was not addressed to him, said Deputy Attorney General Rick Damerville at a recent hearing. The letter spelled Miranda's name in capital letters, but he argued he did not spell his name that way. Miranda, however, did not refuse the tax refund check, which was addressed to him all in capital letters, Damerville said. 

    Jeffries, 48, and wife Elizabeth Aguirre-Jeffries, 45, were charged with five counts of attempted tax evasion, four counts of filing fraudulent tax returns, two counts of second-degree theft and willful failure to file an annual income tax return for 1997 through 2001. 

    Jeffries, a Gulf War veteran and a member of the U.S. Naval Reserve and Navy SEALs, had notified the Internal Revenue Service that the tax code speaks of the United States, and he does not live in the United States and did not pledge allegiance to the United States, Damerville said. 

    ------------------------- 

    Another chapter in the continuing soap opera of RB Tax Preparation was reported in the Honolulu Star-Bulletin of September 19, 2003, when Richard J. Basuel was found in contempt of court, had his bail of $150,000 revoked, and was sent to jail, because he refused to acknowledge the jurisdiction of the court on the day when trial on tax evasion was scheduled to begin.. 

    http://starbulletin.com/2003/09/19/news/story14.html
    Tax preparer on trial for fraud is jailed for contempt of court
    By Debra Barayuga 

    A state judge has found the owner of a tax preparation service in contempt of court and revoked his $150,000 bail. Richard J. Basuel, who was to go to trial yesterday on charges of tax evasion and preparation of fraudulent tax returns, was taken immediately into custody, and his trial was postponed to Nov. 26. Circuit Judge Michael Wilson charged Basuel with contempt after he remained in the audience and refused to appear at the defense table. Basuel told the court he was appearing before the court under duress and that he was entitled to a hearing proving the court had jurisdiction over him. ... Basuel has made similar arguments in earlier court hearings, prompting the court to order a mental examination to determine his fitness for trial. He was found fit. Wilson said Basuel was not technically present if he was not in the well of the courtroom. "As a condition of bail, you have to be in the courtroom," Wilson said. ... Basuel previously served six months in prison after he was convicted in July 2001 of filing false tax returns by claiming Hawaii as a foreign country and overstating his clients' itemized deductions. 

    http://starbulletin.com/2003/10/11/news/story10.html
    Defendant’s bail revoked for court antics
    Vivian Soong is accused of preparing fraudulent tax returns
    Associated Press 

    A local tax return preparer who pleaded guilty last year to six felony counts of aiding in the preparation of fraudulent state income tax returns is in legal trouble again. Vivian Soong, 58, was indicted Aug. 5 for allegedly helping clients evade state tax obligations. She was also charged with first-degree theft for obtaining more than $20,000 in alleged fraudulent tax refunds for her clients. Circuit Judge Michael Town revoked Soong's $50,000 bail Thursday when she refused to acknowledge her identity in court and refused to answer questions posed by the court. Town said Soong could be released again if she posts a new cash bail of $25,000. Deputy Attorney General Ricky Damerville said he believed Soong acted on the advice of someone who is encouraging criminal defendants to obstruct court proceedings. There are a number of such individuals who aren't licensed attorneys who are engaged in the unauthorized practice of law, Damerville said. "There's some people out there that are coming into court, they're using the same script," Damerville said. "They're getting advised or brainwashed or whatever you want to call it by other individuals. And I need the public's assistance to find out who it is. And when I do, I'm going to prosecute them." Damerville said the same people giving out the advice are also encouraging defendants to pepper the court and public officials with nonsensical documents and threatening court officers and public officials with liens unless they dismiss pending criminal charges. Engaging in the unauthorized practice of law is a misdemeanor punishable by up to one year in jail for each offense. In May 2002, Town fined Soong $30,000, placed her on five years probation, ordered her to pay all delinquent taxes and sentenced her to serve 150 hours of community service. One of the charges Soong admitted to last year was helping to prepare a return that claimed the foreign earned income tax exclusion on the premise that Hawaii isn't a state. Soong worked for RB Tax Service, owned by Richard Basuel. Basuel was convicted in 2001 of filing tax returns claiming Hawaii as a foreign country, overstating itemized deductions for clients and failing to file his own excise tax returns. 

    ------------------- 

    Judge Sandra Simms was one of the judges who presided over the prosecution of some of the RB Tax Preparation staffers and clients. Judge Simms is notorious for giving extremely lenient sentences that fail to deter criminals and make a laughing-stock of the judiciary. Accordingly, when her first ten-year term as a judge came to an end and there was a chance for the public to have input on whether she should be retained for another ten-year term, some outraged members of the public submitted testimony to oppose her retention in office. See:

    http://www.angelfire.com/hi2/hawaiiansovereignty/judgesimms.html 

    ---------------- 

    http://www.bizjournals.com/pacific/stories/2004/02/09/daily81.html
    Pacific Business news, February 9, 2004 

    Tax firm employees indicted for fraud 

    A federal grand jury indicted five employees of RB Tax Service on charges stemming from their allege role in falsely claiming more than $4 million in tax refunds from the U.S. government. officedepot.com Each defendant was charged with one count of conspiracy to defraud the United States by obstructing the Internal Revenue Service from collecting taxes. Each also was charged with several counts of willfully preparing false tax returns and aiding and abetting in the preparation of false tax returns. Charged with the tax-related crimes were: Richard James Basuel, Richard James Basuel II, Dina Grace Naui Caleda, Rosalinda I. Tamayo and Vivian Wai Won Soong. The indictment alleges that between Jan. 25, 2000 and April 5, 2000, all five prepared and submitted false 1997, 1998 and 1999 federal tax returns on behalf of their clients. U.S. Attorney Edward H. Kubo Jr. said that all five return preparers promoted a "new way" of preparing tax returns to their clients. They disguised income earned in Hawaii as foreign-earned income, Kubo said. He said this resulted in a reported adjusted gross income of zero and a refund of all of the client's federal tax withholdings, Kubo said. They caused more than 900 false returns to be filed and falsely claimed more than $4 million in federal tax refunds from the federal government. If convicted on the conspiracy count, each defendant will face a maximum penalty of five years in prison and a fine of $250,000. Each count charging the willful preparation of false tax returns carries a maximum penalty of three years in prison and a fine of $250,000. 

    -------------------- 

    The story of fugitive Nathan Brown, described previously, came to its long-awaited conclusion on March 19, 2004 when he received additional prison time for his escape. 

    http://starbulletin.com/2004/03/20/news/story9.html
    Honolulu Star-Bulletin, Saturday, March 20, 2004 

    Activist gets extra prison time
    Nathan Brown gets 21 months appended to his earlier sentence in a federal tax case 

    Associated Press 

    A Hawaiian activist who was a fugitive for nearly 10 years in a tax protest conspiracy case was sentenced yesterday to one year and nine months in prison for failing to surrender to start serving another prison sentence in that case. U.S. District Judge Helen Gillmor said Nathan Keliikui Brown, 50, must serve the 21-month sentence on top of the 6 1/2-year sentence imposed in 1991 for his conviction in the tax case. After sentencing in that case, Brown was allowed to remain free on bail pending an appeal. The 9th U.S. Circuit Court of Appeals upheld the conviction, and the U.S. Supreme Court refused to hear the case. Brown failed to appear to begin his sentence on Nov. 17, 1993, and remained at large until he was arrested in a shanty in the rural Mountain View area of the Big Island on March 7, 2003. During his trial, Brown claimed to be a citizen of the Kingdom of Hawaii who was immune from state and federal laws because the 1893 overthrow of the monarchy was illegal. Brown was convicted of 18 federal felonies and was identified as the leader of a group of Hawaiian activists who filed false tax returns to harass public officials. Brown said he was seeking redress from the government for lands taken from the Hawaiian people and thought what he was doing was legal. Brown and others filed false documents with the Internal Revenue Service to support fraudulent tax returns that sought refunds of about $5 million, according to court documents.

    ================ 

    Reference:  http://www.angelfire.com/hi2/hawaiiansovereignty/fraudincometax.html

     

    • POKA LAENUI

       

      Hawaiian sovereignty activist Hayden Burgess, alias Poka Laenui, takes the position that all persons of Hawaiian native ancestry are subjects of a de jure independent nation; and all descendants of immigrants naturalized into the Kingdom before 1893, or descendants of people born in Hawai'i before 1893, are also subjects of that independent nation. Furthermore, he advocates the view that newcomers to Hawai'i can become citizens of this independent nation if they live in Hawai'i long enough, take an oath of loyalty, give up citizenship in other nations (like the U.S.), and register themselves in some way (as by placing their names on his secret regisrty). 

      For many years Hayden Burgess has been advocating his theories on radio, the internet, and television, including his view that citizens of the Nation of Hawai'i should not owe taxes to the federal or state governments. For his general views about Hawaiian history, citizenship, and sovereignty, see http://www.opihi.com/sovereignty/ And for his particular arguments regarding income tax and lack of U.S. jurisdiction in Hawai'i, scroll down to the section on "taxation" which includes documents submitted by him in court in his role as attorney for a defendant in a tax case. 

      Hayden Burgess's constant vicious attacks on the U.S., and the "illegal" State of Hawai'i, are particularly pernicious in view of his position as executive director of a mental health clinic in Wai'anae where he probably receives large federal and state grants and service contracts which pay his salary, and where he sits on the board of directors of a newly established Hawaiian culture immersion charter school under State of Hawai'i taxpayer funding. But, of course, he probably rationalizes taking taxpayer money from federal and state governments as a small part of the enormous reparations owed by those governments for the overthrow and for more than a century of hostile military occupation of his homeland. 

      Hayden Burgess, alias Poka Laenui, has made public statements for many years regarding his own non-compliance with federal and state income tax laws. For example, he made such statements repeatedly in his regular Saturday night radio program on April 17, 2004, during the hour from 7 PM to 8 PM, on Honolulu radio station KWAI AM 1080. He introduced the topic by mentioning that the income tax deadline of April 15 had just passed, so it's timely to discuss this topic. He referred to the United States as an illegal occupier of Hawai'i. His theory is that the United States lacks jurisdiction in Hawai'i because the overthrow of the Kingdom of Hawai'i in 1893, with U.S. assistance, was illegal; and because the Annexation of Hawai'i to the United States in 1898 was illegal, and because the Statehood vote of 1959 was illegal. Therefore Hawaiians of native ancestry, and descendants of non-natives who were natural-born or naturalized subjects of the Kingdom of Hawai'i, do not owe allegiance to the United States and are under no obligation to finance the continuing illegal belligerant occupation of their homeland by the United States. He also says that the State of Hawai'i is not a legitimate government, being a puppet regime of the illegal occupier U.S. government. He does not exactly advise other people not to pay taxes, saying that that is something each individual must decide for himself in consultation with family members. But in response to a caller who asked him specifically whether he follows his own theory, he clearly stated that he has not paid federal or state income tax since 1979, and he also said that he has stated that repeatedly and publicly for many years. During the program he also spoke admiringly about the Honolulu bus drivers who were recently indicted for non-payment of income tax based on the same theory (see below). 

      --------------- 

      On January 8, 2005 Hawaiian sovereignty independence activist Hayden Burgess, alias Poka Laenui, published a letter to editor saying that Hawai’i is an independent nation occupied by the foreign power United States; and therefore the people of Hawai’i do not owe taxes to the federal or state governments to pay for the financing of their own colonization. 

      http://the.honoluluadvertiser.com/article/2005/Jan/08/op/op10plette... 
      Honolulu Advertiser, Saturday, January 8, 2005 
      Letters to the Editor 

      Hawaiians should not have to pay taxes 

      Judge Michael Wilson misstates the interrelationship between Hawaiian sovereignty and one's taxpaying obligation ("Tax protester gets a year in jail," Dec. 30). 

      Ken Kobayashi reports "Wilson said taxes financed (John) Souza's public school education, his pay in Army and the Fire Department and partly the pension he gets. Souza doesn't have to like paying taxes, but should show 'the courage to pay your taxes, even though you don't like it,' Wilson said." 

      The deeper question is, "Who gave the state or U.S. government the right in the first place to impose itself as the sovereign entity over Hawai'i?" We Hawaiian nationals have no qualms about paying taxes to our rightful Hawaiian government. But through the invasion of Hawai'i and the participation in the theft of our territory and government, the United States, contrary to international law (as well as its own and Hawaiian domestic laws), imposed itself in our lands, making Hawai'i its colony. 

      Now, through taxation, it requires that we finance our own colonization, paying for its military, which has compelled our service for its wars and for its public education, which has participated in the brainwashing to make Hawaiians into Americans. 

      Judge Wilson and his judicial system complete the cycle of colonization by trying to legitimize the theft and punish those who are willing to stand firm in their conviction to righteousness. 

      Poka Laenui
      Wai'anae 

      =============== 

      Reference:  http://www.angelfire.com/hi2/hawaiiansovereignty/fraudincometax.html

       

      • 30 Honolulu Bus Drivers

        Here is a news story about 30 Honolulu bus drivers evading taxes by asserting Hawaiian sovereignty claims. The story was reported on KITV television in Honolulu on Wednesday November 5, 2003, but not in any newspapers: 

        http://www.thehawaiichannel.com/news/2615210/detail.html 

        30 Bus Drivers Face Tax Evasion
        Some Drivers Avoid Taxes For Decade 

        HONOLULU -- Roughly 30 city bus drivers are under investigation for tax evasion, KITV 4 News has learned. Two bus drivers have already been indicted. They're accused of not paying any taxes for four and five years. Several dozen other city bus drivers are also accused of not paying state taxes, KITV 4 News learned. About 30 bus drivers have not paid taxes for years, some of them evading taxes for as long as a decade, sources told KITV 4 News. Sources said an investigator from the Attorney General's Office went to bus headquarters in recent weeks, asking payroll officials for pay records of the bus drivers in question. Rick Damerville is the deputy attorney general handling the case. "I can't comment on pending investigations. I can tell you that this is not uncommon activity. Any large employer is likely to have some individuals doing this," Damerville said. 

        Sources said the drivers told the bus payroll department not to withhold taxes from their paychecks. Some of the drivers claimed they didn't have to pay taxes because they believe in Hawaiian sovereignty and they do not recognize the state or federal governments, according to sources. 

        Two drivers were indicted last week for evading taxes. The state said the two men claimed 99 personal withholding allowances. "If you claim that many allowances, your employer is not going to withhold any state income tax. And then you don't need to file a return, because you've already got all your withholding taxes," Damerville said. One driver, Ernest Fain, a 13-year veteran, is charged with not paying taxes for five years on $246,000 worth of income. Joseph Nuuanu, who has been driving city buses for 30 years, is accused of evading taxes on $201,000 in wages over four years. "Our system relies on honest, average taxpayers to survive, for government to survive. And if large numbers of our small taxpayers think that nobody's looking at them, so that therefore, it's fair to cheat, they're going to be surprised in Hawaii," Damerville said. KITV 4 News called several top officials at TheBus Tuesday for comment on the story, but they did not call back. The two indicted drivers are still on the job and sources said more indictments are expected in the weeks and months to come. 

        ============== 

        Aside from claims that citizens of an independent Nation of Hawai'i owe no income taxes at all to the federal or state governments, there is a different sort of claim that even acknowledged U.S. citizens can greatly reduce their federal income tax because of the foreign earned income tax credit. If Hawai'i is indeed not a part of the United States, then U.S. citizens living in Hawai'i and earning income from sources in Hawai'i can take large deductions from such earned income. And non-U.S. citizens clearly would not owe any U.S. taxes for income earned outside the U.S. 

        The Honolulu Star-Bulletin daily newspaper has followed the legal activity related to tax evasion and fraudulent tax preparation at one of Hawai'i's largest tax preparation services, in articles published from February 2000 through at least October 2003. Thousands of fraudulent tax returns have probably been filed based on the theory that Hawai'i is not a part of the United States. 

        Following are excerpts from the Honolulu Star-Bulletin's numerous articles about RB Tax Service. The excerpts are arranged in chronological order, and the dates can easily be seen in the URLs. 

        http://starbulletin.com/2000/02/04/news/briefs.html 
        Richard James Basuel and his son, Richard James Basuel II, who prepare tax returns as RB Tax Service, entered "no contest" pleas for failing to file state general excise tax returns for the years 1995, 1996 and 1997. Basuel II earned more than $550,000 while his father grossed in excess of $330,000 from tax return preparations and commissions over the three-year period. RB Tax Service is one of Hawaii's largest tax preparation firms, says state Tax Director Ray Kamikawa. 

        http://starbulletin.com/2000/04/14/business/story2.html 
        An Oahu tax preparer who pleaded no contest earlier this year to charges of not filing his own state general excise taxes has been indicted for allegedly telling clients to declare income earned in Hawaii as earned in a foreign country. Richard James Basuel, 58, also allegedly inflated deductions on the income tax returns he prepared for customers, the state said yesterday. Hironaka said a taxpayer who makes $85,000 a year and declares it as foreign income would only have to pay taxes on $13,000 instead of the full amount, which means less money for state coffers. The latest accusations against the elder Basuel stem from a continuing investigation by the state Department of Taxation. RB Tax Service, with offices on North King Street in Kalihi and Farrington Highway in Waipahu, is among the state's largest tax preparation companies. In 1998, the company filed 4,775 returns from its Kalihi office, including 200 for businesses and 4,575 for individuals, according to Pacific Business News' "Book of Lists 2000." 

        http://starbulletin.com/2000/04/18/business/story6.html 
        Oahu tax preparer Richard James Basuel has pleaded not guilty to state charges of fraud and theft for allegedly telling clients to declare income earned in Hawaii as earned in a foreign country. 

        http://starbulletin.com/2001/04/19/news/briefs.html 
        Tax preparer claims Hawaii isn't part of U.S. A tax preparer convicted of failing to file his own state excise taxes has pleaded no contest to charges that he filed tax returns for six clients claiming Hawaii as a foreign country. To claim foreign earned income credit, a taxpayer must have lived in a foreign country for 330 consecutive days within a calendar year, according to the state tax office. Basuel claimed that his clients, who lived in Hawaii, were eligible for the credit because Hawaii is a foreign country and not part of the United States, tax officials said. 

        http://starbulletin.com/2001/07/06/news/briefs.html 
        A tax preparer was sentenced to six months in jail and fined $30,000 in connection with filing false state tax returns for six clients claiming Hawaii as a foreign country, authorities said. Richard Basuel also received five years' probation at sentencing yesterday, state Tax Director Marie Okamura said. 

        http://starbulletin.com/2002/01/27/business/story1.html 
        "Definitely there's cheating out there," said David Ramirez, a tax consultant and former IRS agent who owns a company called IRS Tax Relief Services. Steven Hiranaka, criminal tax investigator with the state Taxation Department, has worked on a number of high-profile tax evasion cases. "There's probably millions (of dollars) not being addressed but just how much no one knows," he said. "I think perhaps 10 percent or a little more are the people who are not complying." Tax consultant Ramirez said when people run afoul of the tax system, most of the problems he sees fall into about four basic categories.... A third category Ramirez has seen for a number of years in Hawaii is what he calls the "constitutional argument. These are the sovereign nation cases where people believe or have been told they don't have to pay taxes because Hawaii is not part of the U.S.," he said. "There have been numerous cases probably dating back to the 1940s. All of them have failed." 

        Reference:  http://www.angelfire.com/hi2/hawaiiansovereignty/fraudincometax.html

        • LOKELANI LINDSEY AND  RICHARD BASUEL

           

          In April 2004 there were full-page advertisements in two Honolulu newspapers announcing that Lokelani Lindsey is running for Mayor of Honolulu. Lokelani Lindsey is a former Bishop Estate trustee, who was convicted of tax fraud, was released from federal prison in April 1, 2004, and was living in Las Vegas. The expensive advertisement was apparently paid for by another convicted tax-fraud felon Richard Basuel, of the infamous RB Tax Preparation service. The advertisement first was published April 1 in the twice-monthly small-circulation ethnic Filipino free newspaper The Fil-Am Courier (Richard Basuel is Filipino), and got very little attention. But them there were efforts to place the full-page ad in the Honolulu Advertiser, which apparently refused to run it; and then the ad actually was published in the Honolulu Star-Bulletin in its premiere edition of Sunday April 18. In that same edition of the Star-Bulletin reporter Sally Apgar wrote an article severely critical of the advertisement and saying that Lokelani Lindsey had not approved the ad and indeed is ineligible to run for Honolulu mayor both because she is a convicted felon and because she is not a resident of Honolulu. 

          The newspaper advertisement contained a website URL. The content of the website included the same content that was in the advertisement, plus substantial additional material including a 35-page pdf document consisting of legal documents filed by Lokelani Lindsey and statements made by her, and supported by officials of the "Hawaiian Kingdom", describing racial discrimination against ethnic Hawaiians, alleging fraudulent activities by Bishop Estate, and demanding that U.S. District Court Chief Judge David Ezra recuse himself from hearing her case because of Ezra's alleged bias against ethnic Hawaiians in general and Lokelani Lindsey in particular. 

          Below is the article by Star-Bulletin reporter Sally Apgar, followed by some of the contents of the website (including the contents of the newspaper advertisement), together with a link to download the 35-page pdf file containing legal documents and opinions (allegedly) written by Lokelani Lindsey and posted on (apparently) Richard Basuel's website. The contents of the website and the pdf file are extremely bizarre, but quite interesting for people who understand the issues surrounding Hawaiian sovereignty. 

          ------------------ 

          http://starbulletin.com/2004/04/18/news/story7.html
          Honolulu Star-Bulletin, Sunday, April 18, 2004 

          Ads falsely cast Lindsey as candidate for mayor
          The ad campaign is being run without her OK, her lawyer says 

          By Sally Apgar 

          Ousted Kamehameha Schools trustee Lokelani Lindsey, who was recently released from federal prison, is not running for Honolulu mayor despite ads appearing in today's paper that urge her to run, said her attorney Friday. 

          "No one has contacted my client and she has not given authorization to anyone to promote her running for mayor," said Honolulu attorney William Harrison . 

          "She doesn't know anything about this," he said. 

          Lindsey was released from a mainland prison April 1 after serving six months for bankruptcy fraud and money laundering . 

          Lindsey, 65, did not return calls to her hotel room in Las Vegas on Friday. She is on supervised release and is still caring for her ailing husband. 

          An ad, which asks for people to draft Lindsey as a candidate for mayor, is running in the print edition of today's Star-Bulletin on Page E14. 

          Earlier this month, a full-page ad appeared in the Fil-Am Courier, a Filipino newspaper, that read: "Elect! Lokelani Lindsey mayor of Honolulu." 

          The ad included a picture of Lindsey and a full reprint of an affidavit she filed in U.S. District Court dated July 30, 2003, that was placed in the court's overnight box during her bankruptcy fraud case. 

          In the affidavit, Lindsey portrays herself as a victim who was punished in the judicial system for having "insider knowledge" of corruption at Bishop Estate (now known as Kamehameha Schools), of "corrupt attempts to seize control" of the estate, "grand jury tampering" and "acts of abuse of Hawaiians." 

          The Fil-Am ad states it is "paid for by Friends of Lokelani Lindsey for Mayor, Christian Filipino Victims Foundation," which has a Web site at www.victimsgroup.com

          Harrison said Lindsey is not a member of the group and was not aware of the group's existence until he asked her about the ad. 

          Harrison said he suspected that Richard Basuel, who is also featured in the ad and was recently convicted of fraud, was behind the ads but without Lindsey's consent. Harrison declined to comment on Basuel or his motive. 

          Basuel did not return repeated calls for comment. 

          As a felon who has not completed her sentence, Lindsey is not eligible to run for state office, according to the state Office of Elections. 

          She must also be a registered voter of the county in which she plans to run. The election office said Lindsey was last registered to vote in Maui county. 

          Lindsey, a former gym teacher and hula dancer, rose through the ranks of the Department of Education on Maui and in Democratic political circles before gaining a seat as trustee. Critics have said that her close management of the schools stoked community unhappiness with the board, investigations of its alleged mismanagement and fueled a scandal that dogged the estate during the mid- to late 1990s. 

          Lindsey and three others were ousted from their $1 million-a-year jobs as trustees May 1999 after separate state and federal investigations into the alleged mismanagement of the estate's finances and its schools. A fifth trustee, Oswald Stender, resigned from his job at the same time, but not before he fought a lawsuit with trustee Gerard Jervis to oust Lindsey. 

          In the ad, Basuel states that he and Lindsey "both are political prisoners." He paid cash for the Fil-Am and Star-Bulletin ads. 

          Campaign Spending Commission Executive Director Robert Watada said Basuel has not registered with the commission. He noted that once someone has raised or spent $100 or more in pursuit of a candidacy and not filed with his office within 10 days, they are in violation of state campaign spending laws. 

          In February, a state Circuit Court jury convicted Basuel, the owner of a local tax preparation company called RB Tax Service, on 23 tax fraud counts, including attempting to evade taxes and first-degree theft. 

          Basuel, who remains free on bail, is scheduled to be sentenced May 12. He faces 10 years in prison from his preparation of tax returns for five people during tax years 2000 and 2001. 

          ------------------ 

          http://www.victimsgroup.com 

          IRS Scandal 

          Christian Filipino Victims Foundation 

          Whether from government or private "masters", if you are a victim you have come to the right place for relief (refer to schedule). 

          Richard Basuel presents the Bishop Estate scandal which he and many others are victims of. 

          BRING US YOUR SCANDALS: TOGETHER WE CAN STOP THE ABUSES AND CURE THE PROBLEMS. ONE WITH GOD IS A MAJORITY! 

          Notice: 

          The friends of Christian Filipino Victims Foundation, led by Chairman Richard Basuel, ask you to elect former Bishop Estate Trustee Lokelani Lindsey as Mayor of Honolulu. Both are political prisoners. 

          Vote for Lokelani Lindsey for Mayor of Honolulu 

          After years of preparing for her leadership whistleblowers role, Lokelani bravely exposed Hawaii’s biggest scandal, which was the real reason she was put in jail. Richard Basuel has been and is being prosecuted as a scapegoat for Hawaiian sovereignty issue even though he is neither Hawaiian nor a Hawaiian sovereignist, and as a way to intimidate the Filipino vote in Hawaii, i.e. Honolulu Star-Bulletin, April 19, 2001, published the Richard Basuel and associates were, “claiming Hawaii as a foreign country”. 

          Contrary to certain allegations, the Filipino Victims Foundation is a Christian based group who promotes agreeing with the government, especially on tax issues. Jesus said to pay taxes, Matthew 22:18-20. Lokelani Lindsey and Richard Basuel are two Hawaii citizens prosecuted for agreeing with the government. The Affidavit of Richard Basuel, filed February 27, 2004 in the Hawaii Bureau of Conveyances as Document No. 2004-040689, states, 

          AFFIDAVIT OF RICHARD BASUEL 

          CITY AND COUNTY OF HONOLULU )
          ) SS:
          STATE OF HAWAII ) 

          I, RICHARD BASUEL, am competent to testify herein, have personal knowledge of the herein, and hereby testify and aver that the following is true to the best of my knowledge, 

          1. Available on the internet is the following document attached hereto as Exhibit “A” Scandal 1 Appearance With Assistance Of Counsel And Request For Recusal Of Judge David A. Ezra; Declaration Of Lokelani Lindsey; Exhibits “1" - “4"; Affidavit Of Lokelani Lindsey; Certificate Of Service (“Lindsey Document”). The last page of this Lindsey Document was filed October 2, 2003 in USA v. Lokelani Lindsey, Cr. S-010318 (DAE RJ) and Cr. S-00-00482 HG, U.S. District Court for the District of Nevada. However, on October 16, 2003 this Lindsey Document was sent by fax transmission from David Alan Ezra to the U.S. District Court for the District of Nevada, which filed it on October 17, 2003, the next day. 

          2. Exhibit “B” hereto is a reprint of the October 4, 2003 Star-Bulletin article, describing the Lindsey Document. Apparently Judge Ezra jailed Ms. Lindsey primarily on the basis of the Lindsey Document, which he refused to consider as filed even though Ms. Lindsey filed it prior to the hearing which jailed her. The Lindsey Document was filed AFTER the ten day motion for reconsideration and other deadline(s) that would have allowed Ms. Lindsey to stay out of jail at least until her properly filed, but ignored, motions were given a fair hearing. Probably to this day, nether Ms. Lindsey nor her attorney do not know her motions were docketed and should have been given a fair hearing based on being docketed (however improperly. 

          3. My circumstances are like those of Ms. Lindsey addressed in the Lindsey Document in that are both victims of abuse. For example, in my circumstances I was accused in the newspapers of promoting Hawaiian sovereignty even though there is nothing in writing that shows this. Obviously, I have been and am being persecuted as a Hawaiian sovereignty promoter as a warning to Hawaiian sovereignty supporters, but without risking an organized backlash from actual members of the Hawaiian sovereignty movement. 

          ____/S/__________
          Richard Basuel 

          The Foreign Intelligence Surveillance Act Court is responsible for abuses against Hawaii citizens, including Hawaiians and Filipinos targeted to scare Hawaiians, such as Richard Basuel. 

          http://www.victimsgroup.com/FISA.htm 

          See: http://home.hiwaay.net/~pspoole/fiscshort.html 

          See also: http://fas.org/irp/agency/doj/fisa/ 

          ------------------ 

          The "Exhibit A" referred to on that webpage is the 35-page pdf file containing bizarre legal documents and opinions by Lokelani Lindsey. That 35-page document can be downloaded directly from Richard Basuel's webpage by clicking on the following URL:
          http://www.victimsgroup.com/Lindsey%20Brief.pdf 
          OR, in case that link goes dead or that webpage is taken down, the 35-page document can also be downloaded by clicking here:
          http://www.angelfire.com/hi5/bigfiles/lindseykamkingdomezra.pdf 

          ----------------- 

          http://starbulletin.com/2004/10/26/news/story13.html 
          Honolulu Star-Bulletin, Tuesday, October 26, 2004 

          Tax scheme results in prison time for preparer 

          By Debra Barayuga 

          A Honolulu tax preparer convicted a third time of tax offenses was sentenced to 10 years in prison yesterday for filing fraudulent tax returns after incorrectly advising clients they could get back all their taxes because they were not U.S. citizens. 

          Circuit Judge Michael Wilson rejected Richard Basuel's request for probation, saying he had been placed on probation for a similar conviction in 2001 but continued to violate state tax laws and advise individuals that they do not have to pay taxes. 

          "The facts establish that you have created some enormous problems for people who come to you for tax advice, but you also continue to perpetuate the theory that it's not really necessary for a vast number of people to pay taxes in our community because of what you as a professional has decided," Wilson said. 

          Basuel, 63, was convicted in February of first-degree theft, 11 counts of tax evasion and 11 counts of making false statements that defrauded the government out of about $23,000 between 1999 and 2001. 

          Basuel felt he could take on the tax system and was willing to pay the price to attract clients to his tax preparation business knowing he would get a percentage of the returns, Wilson said. 

          Basuel said he would not accept a jail sentence or a monetary fine. "I order you to dismiss this case without prejudice and without recourse to me for failure to state a claim on which relief could be granted," he told the judge. 

          Defense attorney Reginald Minn argued that probation was appropriate given that Basuel has been a law-abiding citizen for most of his life, operated a profitable business, provided a valuable service to many immigrants and has contributed to the community in various ways. 

          "Mr. Basuel is not someone who could have come up with these theories on his own," Minn said, noting that Basuel relied on the advice of purported law professors.

          While Basuel has prepared thousands of tax returns, only a relative few -- some who were Hawaiian or part-Hawaiian with nationalist ties and were exploring other ways of preparing taxes -- agreed to use the alternate method he was touting, Minn said. 

          Deputy Attorney General Larry Goya said Basuel was the "mastermind" behind the scheme, in which he told clients they were not required to pay taxes based on his interpretation of federal tax provisions that do not apply to state tax laws. 

          The difference in the latest case from his 2001 conviction for tax evasion and aiding in the filing of fraudulent tax returns is that he told clients that he would be entitled to 10 percent of whatever refunds they received. 

          Basuel was convicted of misdemeanor counts in 2000 for failure to file his personal income tax returns. 

          ------------- 

          http://www.thehawaiichannel.com/news/4965475/detail.html
          KITV 4
          POSTED: 5:54 pm HST September 12, 2005 

          Tax Preparer Sentenced To Prison 

          A judge sentenced a tax preparer to prison time Monday for helping people claim that Hawaii was a foreign country so they did not have to pay U.S. taxes. 

          Richard Basuel was convicted of helping 12 taxpayers file illegal returns, but the government estimates his tax service may have given the same advice to 3,000 others. 

          He had already served about 19 months in state custody. Visiting Judge Wallace Tashima sentenced Basuel to another 40 months in federal prison. Prosecutors wanted nearly double that much. 

          Tashima gave one of Basuel's employees a reprieve. He overturned a guilty verdict against Vivian Soong. 

          Tashima said it was unreasonable for the jury to believe that Soong knew what she was doing was illegal. Three other Basuel employees pleaded guilty. 

          ================ 

           

          • PILIPO SOUZA/JOHN PILIPO SOUZA

            It has become distressingly common to hear about ethnic Hawaiians evading income tax on grounds of Hawaiian sovereignty. The RB Tax Preparation case shows that many people with no native ancestry have used the sovereignty claim that Hawai’i is not part of the U.S., to claim the foreign incom tax credit. But a different sort of claim was asserted for the first time in summer 2004 -- a claim that someone with no native ancestry is automatically a subject of the Hawaiian Kingdom simply by virtue of being born in Hawai’i. 

            On Friday September 17, 2004 John Philip Souza, alias “Pilipo,” was found guilty in a jury trial on four counts of theft and false statements in his State of Hawai’i income tax filings for 1999 and 2000. Mr. Souza claims that the Kingdom of Hawai’i was illegally overthrown in 1893, and therefore the State of Hawai’i is not legitimate and lacks jurisdiction to compel him to pay taxes. He further claims that he is a subject (citizen) of the still-living Kingdom of Hawai’i. Although acknowledging that he has no Hawaiian native ancestry, he points out that under Kingdom law (which be says still remains in effect), all persons born in Hawai’i (including himself) are native-born subjects of the Kingdom. Mr. Souza was imprisoned for about 80 days while awaiting trial because of his refusal to cooperate with court procedure; and described himself as a “political prisoner.” 

            Hawaiian independence activists are happy to have a martyr, especially someone with no native ancestry who can be cited as an example that the sovereignty movement is not racist. But Souza’s theory poses long-term problems for the sovereignty activtsts, who desperately want to find a way to ensure racial supremacy for ethnic Hawaiians. It it is true that Kingdom law gave full citizenship to anyone born in the Kingdom, and if Kingdom law still remains in force today, then it is logical that the citizenry of today’s still-living nation of Hawai’i is overwhelmingly composed of people with no native ancestry -- ethnic Japanese, Chinese, Filipinos, Koreans, Samoans, and Euro-Americans who have been born in Hawai’i, including some whites whose families have lived in Hawai’i for eight generations. Therefore the activists have devised intricate theories to show that under “international law” most locally-born residents of Hawai’i today (including Pilipo himself) would qualify only for second-class citizenship in a resurrected independent Hawai’i. The basic theory is that when a nation (Hawai’i) is under belligerant occupation by another nation (the U.S.), then the children born to citizens of the occupier, or born to foreigners who entered the occupied nation under the authority of the occupier, remain citizens of the foreign nations of their parents and not citizens of the occupied nation. 

            Regardless of convoluted theories of “international law,” the case of John Philip “Pilipo” Souza is sufficiently interesting and complex to be worthy of its own webpage. See:
            http://www.angelfire.com/hi5/bigfiles2/JohnPSouzaTaxEvasion.html 

            ================ 

            The following letter to the U.S. Internal Revenue Service was circulated on the internet in August/September 2004 by the author of the letter, Isaac Harp of Lahaina Maui. Isaac Harp is an independence activist who clearly wants to get in on the “fun” of “witnessing” for his beliefs and defying the U.S. government, thereby acquiring status among his fellow activists. Perhaps the case of “Pilipo” Souza inspired Mr. Harp. His willingness to circulate such a document on the internet is clear evidence that tax evasion by Hawaiian sovereignty activists is coming to be expected as a rite of passage, perhaps like gang members getting a tattoo or drawing blood from a member of a rival gang. The activists apparently feel the U.S. IRS either lacks the power or the interest to prosecute them for tax evasion. Stay tuned. 

            -------------- 

             

            • ISAAC D. HARP

              Isaac D. Harp, PMB 791, 843 Wainee St., F-5 Lahaina, Hawaiian Islands 96761 (808) 661-4527 Imua.Hawaii@verizon.net 

              Department of the Treasury Internal Revenue Service August 14, 2004 

              ATTN: ASFR Collection Br. STOP 81401 P.O. Box 24015 Fresno, CA 93779-0048 

              August 14, 2004 RE: Letter Number 2566(SC/CG) 

              Dear TAX EXAMINER: 

              Regarding your letter dated 07/12/2004, I apologize for this late response. I was in Boston attending the Democratic National Convention as a Hawaii Delegate, followed by presentations to the Environmental Protection Agency, New England, the National Marine Fisheries Service, Gloucester, and two trips to Oahu. Now that I have returned to Maui, Hawaii and am able to respond to your letter, I submit the following in response to your proposed individual tax assessment that implies that I owe the IRS $4,217.94. 

              As I understand it, the IRS Mission is to “Provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all.” 

              I request that your office please provide responses to the following questions and statements. 

              1. Does your office understand that under international law Hawaii is not lawfully a party to the United States of America? The 1893 overthrow of the Hawaii government was unlawful (see US Public Law 103-150). The purported annexation of Hawaii by the United States was unlawful by process. The subsequent alleged Hawaii Statehood process was unlawful due to illegitimate procedure. Therefore, Department of the Treasury has no lawful basis for collecting taxes on personal income from individuals in Hawaii. 

              2. Does your office understand that there is no legal requirement for paying federal taxes on personal income even for Americans living on lands called the United States (taken from Native Americans), and that paying such taxes is voluntary for Americans under the language of United States law? 

              3. Does your office understand that if I voluntarily decided to file a tax claim for 2001 that I had three dependents other than myself in 2001 and that your office would likely owe me money under your law? Please recalculate your figures with three additional dependents to confirm this for yourself. If you would like to refund me what your office believes is due me, then I would happily accept your kind donation. 

              4. Could your office please provide me with the specific citation of law that requires a Native Hawaiian living under duress of the belligerent United States occupation of Hawaii to pay a US federal tax on my personal income generated as an individual residing in Hawaii? 

              Until such time that such citation of law is delivered to me and proves beyond any doubt that I lawfully owe the United States Department of the Treasury payment of federal taxes on my personal income, I reserve the right to refuse payment to serve two purposes: 

              a. To protect my family’s meager assets that are used to keep my family alive, and 

              b. To avoid wasting my time and IRS legal counsel’s time litigating charges of extortion. (Until money changes hands, no extortion has been committed.) 

              The Hobbs Act defines "extortion" as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right." 18 U.S.C. S 1951(b)(2). 

              I would be happy to engage the Department of the Treasury in a US court of law if this is your office’s preference. This would provide interesting material for the media and help to disseminate information on the belligerent occupation of Hawaii. Thank you very much for your consideration, and for any responses. 

              Sincerely, Isaac D. Harp 

              Attachment: Page 1 of Letter Number: 2566(SC/CG), Dated 07/12/2004, SS# 575-74-3085, 2001 

              ================================ 

               

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