Forum

Link

http://kingdomofhawaii.wordpress.com/about/

UPDATE: MARCH 10, 2011 — On March 9, 2011, U.S. District Judge Colleen Kollar-Kotelly issues Order granting the U.S. Attorney’s motion to dismiss. In her opinion, Judge Kollar-Kotelly, states, “Plaintiff argues that he is not challenging the legality of the State of Hawaii and his conviction but is merely asserting a claim for a violation of the Liliuokalani Assignment under the Alien Tort Statute, 28 U.S.C. § 1350. However, in order to find that Defendants have violated the Liliuokalani Assignment as alleged by Plaintiff—or even to conclude that Plaintiff is an alien capable of bringing claims under the Alien Tort Statute rather than a U.S. citizen—the Court would have to determine that the annexation of Hawaii by the United States was unlawful and void. As described above, that is a political question that this Court cannot decide. The fact that the answer might be gleaned through a straightforward analysis of federal and international law does not matter; “[t]he political question doctrine deprives federal courts of jurisdiction, based on prudential concerns, over cases which would normally fall within their purview.“ Lin, 561 F.3d at 506; see id. (“We do not disagree with Appellants’ assertion that we could resolve this case through treaty analysis and statutory construction; we merely decline to do so as this case presents a political question which strips us of jurisdiction to undertake that otherwise familiar task.“) (internal citations omitted). Therefore, the Court must dismiss Plaintiff’s First Amended Complaint for lack of subject matter jurisdiction.“

What is profound is that the Court admits the existence of the executive agreements, which is the basis of Plaintiff’s claim for relief, and the case can be resolved through treaty analysis and statutory construction, but because of the political question doctrine they are unable to grant relief to the Plaintiff for tort injuries. An appeal will be made to the Second Circuit Court of Appeals that will address why the political question doctrine should not prevent the Court from granting relief in an Alien Tort Statute case. The Court also distinguished between a 12(b)(1) motion to dismiss on subject matter jurisdictional grounds, which assumes facts alleged in the complaint to be true; and a 12(b)(6) motion to dismiss for Plaintiff’s complaint for failing to state a claim upon which relief can be granted, where the basis of the lawsuit, which is the executive agreement, does not exist. The Court stated this is not a 12(b)(6) motion.
–
******************************