Hawaiian national sues President Obama in Federal Court in Washington,
D.C.
D.C.
FOR IMMEDIATE RELEASE
Kane`ohe, Hawaiian Islands, June 1, 2010 - Dr. David Keanu Sai, a
national of the Hawaiian Kingdom, today filed a complaint in Federal
Court in
Washington, D.C., against U.S. President Obama, U.S. Secretary of State
Clinton,
U.S. Secretary of Defense Gates, U.S. Pacific Command Commander Admiral
Willard
and Hawai`i Governor Lingle for violation of an 1893 Executive Agreement
between
the United States and the Hawaiian Kingdom and is seeking punitive
damages of
$10 million dollars for malicious indictment, prosecution and conviction
of a
so-called felony. The Defendants have 60 days from date of service to
file an
answer to the complaint.
national of the Hawaiian Kingdom, today filed a complaint in Federal
Court in
Washington, D.C., against U.S. President Obama, U.S. Secretary of State
Clinton,
U.S. Secretary of Defense Gates, U.S. Pacific Command Commander Admiral
Willard
and Hawai`i Governor Lingle for violation of an 1893 Executive Agreement
between
the United States and the Hawaiian Kingdom and is seeking punitive
damages of
$10 million dollars for malicious indictment, prosecution and conviction
of a
so-called felony. The Defendants have 60 days from date of service to
file an
answer to the complaint.
Additional Materials and Information
Dr. Sai has a Ph.D. in political science from the University of Hawai`i at
Manoa specializing in international relations and public law, with
particular
emphasis on the legal and political history of the Hawaiian Kingdom. His
doctoral
dissertation is titled "The American Occupation of the Hawaiian
Kingdom:
Beginning the Transition from Occupied to Restored State." Dr. Sai also
served
as lead agent in international arbitration proceedings (Larsen
v. Hawaiian
Kingdom) at the Permanent Court of Arbitration, The Hague,
Netherlands
(1999-2001); filed a Complaint
with the
United Nations Security Council on July 5, 2001; and has numerous articles
on the legal
status of the Hawaiian Kingdom as a sovereign and independent State.
Manoa specializing in international relations and public law, with
particular
emphasis on the legal and political history of the Hawaiian Kingdom. His
doctoral
dissertation is titled "The American Occupation of the Hawaiian
Kingdom:
Beginning the Transition from Occupied to Restored State." Dr. Sai also
served
as lead agent in international arbitration proceedings (Larsen
v. Hawaiian
Kingdom) at the Permanent Court of Arbitration, The Hague,
Netherlands
(1999-2001); filed a Complaint
with the
United Nations Security Council on July 5, 2001; and has numerous articles
on the legal
status of the Hawaiian Kingdom as a sovereign and independent State.
In the Federal complaint filed today, Dr. Sai alleges the violation of an
executive agreement entered into between Queen Lili`uokalani of the
Hawaiian
Kingdom and President Grover Cleveland of the United States in 1893,
whereby
Hawaiian executive power was temporarily and conditionally assigned to
the
President to administer Hawaiian Kingdom law throughout the Hawaiian
Islands.
This executive agreement, known as the Lili`uokalani
assignment (January 17, 1893), was assigned under threat of war,
and
binds President Cleveland's successors in office in the administration
of
Hawaiian Kingdom law until such time as the Hawaiian Kingdom government
has been
restored in accordance with a second executive agreement between the
Queen and
President, known as the Agreement of
restoration (December 18, 1893), whereupon the executive power
would be
returned and the Hawaiian Kingdom would grant amnesty to those
individuals who
participated or supported the 1893 insurrection.
executive agreement entered into between Queen Lili`uokalani of the
Hawaiian
Kingdom and President Grover Cleveland of the United States in 1893,
whereby
Hawaiian executive power was temporarily and conditionally assigned to
the
President to administer Hawaiian Kingdom law throughout the Hawaiian
Islands.
This executive agreement, known as the Lili`uokalani
assignment (January 17, 1893), was assigned under threat of war,
and
binds President Cleveland's successors in office in the administration
of
Hawaiian Kingdom law until such time as the Hawaiian Kingdom government
has been
restored in accordance with a second executive agreement between the
Queen and
President, known as the Agreement of
restoration (December 18, 1893), whereupon the executive power
would be
returned and the Hawaiian Kingdom would grant amnesty to those
individuals who
participated or supported the 1893 insurrection.
In U.S. v.
Belmont (1937), the U.S. Supreme Court affirmed that executive
agreements entered into between the President and a sovereign nation
does not
require ratification from the U.S. Senate to have the force and effect
of a
treaty; and executive agreements bind successor Presidents for their
faithful
execution. Other landmark cases on executive agreements are U.S. v.
Pink (1942) and
American
Insurance
Association v. Garamendi (2003). In Garamendi, the Court
stated,
"Specifically, the President has authority to make 'executive
agreements' with
other countries, requiring no ratification by the Senate or approval by
Congress." Dr. Sai alleges that President Barack Obama, being the
successor in
office to President Cleveland, is legally bound to administer the laws
of the
Hawaiian Kingdom until the Hawaiian Kingdom government is restored in
accordance
with the Agreement of restoration.
Belmont (1937), the U.S. Supreme Court affirmed that executive
agreements entered into between the President and a sovereign nation
does not
require ratification from the U.S. Senate to have the force and effect
of a
treaty; and executive agreements bind successor Presidents for their
faithful
execution. Other landmark cases on executive agreements are U.S. v.
Pink (1942) and
American
Insurance
Association v. Garamendi (2003). In Garamendi, the Court
stated,
"Specifically, the President has authority to make 'executive
agreements' with
other countries, requiring no ratification by the Senate or approval by
Congress." Dr. Sai alleges that President Barack Obama, being the
successor in
office to President Cleveland, is legally bound to administer the laws
of the
Hawaiian Kingdom until the Hawaiian Kingdom government is restored in
accordance
with the Agreement of restoration.
The suit was filed under Title 28, United States Code, §1350, "Alien's
action for tort," for maliciously prosecuting and convicting Dr. Sai for
complying with Hawaiian Kingdom law, whereby the prosecution and
conviction were
violations of the Lili`uokalani assignment; the 1907 Hague
Convention,
IV; and the 1949 Geneva Convention, IV. §1350 provides that "The
district courts
shall have original jurisdiction of any civil action by an alien for a
tort
only, committed in violation of the law of nations or a treaty of the
United
States."
action for tort," for maliciously prosecuting and convicting Dr. Sai for
complying with Hawaiian Kingdom law, whereby the prosecution and
conviction were
violations of the Lili`uokalani assignment; the 1907 Hague
Convention,
IV; and the 1949 Geneva Convention, IV. §1350 provides that "The
district courts
shall have original jurisdiction of any civil action by an alien for a
tort
only, committed in violation of the law of nations or a treaty of the
United
States."
In the complaint, it states that the Hawaiian Kingdom became a full member
of the Universal
Postal Union in 1882,
and currently has treaties with Austria-Hungary
(June 18, 1875), now Austria and Hungary; Belgium
(October 4,
1862); Bremen (March 27, 1854) now Germany; Denmark
(Oct. 19,
1846); France (September 8, 1858); French Tahiti (November 24, 1853); Germany
(March 25,
1879); Great
Britain (March 26, 1846); Great Britain's New South Wales (March 10,
1874),
now Australia; Hamburg (January 8, 1848), now Germany; Italy
(July 22, 1863);
Japan (Aug. 19,
1871, January 28, 1886); Netherlands
(October 16, 1862); Portugal
(May 5,
1882); Russia (June
19, 1869); Samoa
(March 20, 1887); Spain
(October 9,
1863); Sweden
and Norway (April 5, 1855), now separate States; Switzerland
(July 20,
1864); and the United
States of America (December 20, 1849).
of the Universal
Postal Union in 1882,
and currently has treaties with Austria-Hungary
(June 18, 1875), now Austria and Hungary; Belgium
(October 4,
1862); Bremen (March 27, 1854) now Germany; Denmark
(Oct. 19,
1846); France (September 8, 1858); French Tahiti (November 24, 1853); Germany
(March 25,
1879); Great
Britain (March 26, 1846); Great Britain's New South Wales (March 10,
1874),
now Australia; Hamburg (January 8, 1848), now Germany; Italy
(July 22, 1863);
Japan (Aug. 19,
1871, January 28, 1886); Netherlands
(October 16, 1862); Portugal
(May 5,
1882); Russia (June
19, 1869); Samoa
(March 20, 1887); Spain
(October 9,
1863); Sweden
and Norway (April 5, 1855), now separate States; Switzerland
(July 20,
1864); and the United
States of America (December 20, 1849).
On July 7, 1898, the United States unilaterally annexed the Hawaiian
Islands for military purposes by enacting a joint
resolution of annexation through its Congress over protests by the Queen and political
organizations representing the people of Hawai`i that was filed with
the
U.S. State Department in the summer of 1897, and a 21,269 signature
petition protesting annexation that was also filed with the U.S.
Senate on
December 9, 1897 by Senator George Hoar (R-MA). On August 12, 1898, the
Hawaiian
Kingdom was occupied during the Spanish-American War and the Hawaiian
Kingdom
has since been under prolonged occupation under the guise of a U.S.
territory.
Presently, Hawai`i serves as headquarters for the largest U.S. Unified
Combatant
Command in the world, the U.S. Pacific
Command, which controls 20.6% of lands (nearly 200,000 acres)
throughout the
islands under troop commands of the U.S. Army, Navy, Air Force and
Marines. The
complaint alleges that the U.S. military's presence has been and
continues to be
a violation of the Hawaiian Kingdom's status as a Neutral State under
international law and the laws of occupation.
Islands for military purposes by enacting a joint
resolution of annexation through its Congress over protests by the Queen and political
organizations representing the people of Hawai`i that was filed with
the
U.S. State Department in the summer of 1897, and a 21,269 signature
petition protesting annexation that was also filed with the U.S.
Senate on
December 9, 1897 by Senator George Hoar (R-MA). On August 12, 1898, the
Hawaiian
Kingdom was occupied during the Spanish-American War and the Hawaiian
Kingdom
has since been under prolonged occupation under the guise of a U.S.
territory.
Presently, Hawai`i serves as headquarters for the largest U.S. Unified
Combatant
Command in the world, the U.S. Pacific
Command, which controls 20.6% of lands (nearly 200,000 acres)
throughout the
islands under troop commands of the U.S. Army, Navy, Air Force and
Marines. The
complaint alleges that the U.S. military's presence has been and
continues to be
a violation of the Hawaiian Kingdom's status as a Neutral State under
international law and the laws of occupation.
According to the complaint, the United States misrepresented Hawai`i to be
a part of the United States since the Spanish-American War by enacting
Congressional laws claiming to have annexed the Hawaiian Islands in
1898; to
have established the Territory of
Hawaii in 1900; and to have transformed the Territory of Hawai`i
into the State of
Hawai`i in 1959. The complaint alleges that these actions by the
Congress
are in direct violation of the 1893 executive agreements, and that the
Congress
has no force and effect beyond U.S. territory.
a part of the United States since the Spanish-American War by enacting
Congressional laws claiming to have annexed the Hawaiian Islands in
1898; to
have established the Territory of
Hawaii in 1900; and to have transformed the Territory of Hawai`i
into the State of
Hawai`i in 1959. The complaint alleges that these actions by the
Congress
are in direct violation of the 1893 executive agreements, and that the
Congress
has no force and effect beyond U.S. territory.
In a 1988 U.S. Department of Justice legal opinion by the Office of Legal
Counsel, acting Assistant Attorney General Douglas Kmiec stated,
"It
isŠunclear which constitutional power Congress exercised when it
acquired Hawaii
by joint resolution. Accordingly, it is doubtful that the acquisition of
Hawaii
can serve as an appropriate precedent for a congressional assertion of
sovereignty over an extended territorial sea." According to Dr. Sai,
"The U.S.
Congress could no more annex the Hawaiian Islands in 1898 by passing a
joint
resolution when it was at war with Spain, than it could annex
Afghanistan today
by passing a joint resolution while fighting the war on terrorism. U.S.
laws do
not have extraterritorial force and are limited and confined to U.S.
territory.
Only through a treaty of cession with the Hawaiian Kingdom could
Hawai`i's
territorial sovereignty be ceded or transferred to the United States,
the 1893
executive agreements and other international treaties being superseded,
and only
thereafter could Congressional laws be legally enforced throughout the
Hawaiian
Islands without violating international law."
Counsel, acting Assistant Attorney General Douglas Kmiec stated,
"It
isŠunclear which constitutional power Congress exercised when it
acquired Hawaii
by joint resolution. Accordingly, it is doubtful that the acquisition of
Hawaii
can serve as an appropriate precedent for a congressional assertion of
sovereignty over an extended territorial sea." According to Dr. Sai,
"The U.S.
Congress could no more annex the Hawaiian Islands in 1898 by passing a
joint
resolution when it was at war with Spain, than it could annex
Afghanistan today
by passing a joint resolution while fighting the war on terrorism. U.S.
laws do
not have extraterritorial force and are limited and confined to U.S.
territory.
Only through a treaty of cession with the Hawaiian Kingdom could
Hawai`i's
territorial sovereignty be ceded or transferred to the United States,
the 1893
executive agreements and other international treaties being superseded,
and only
thereafter could Congressional laws be legally enforced throughout the
Hawaiian
Islands without violating international law."
Among the alleged misrepresentations that the United States made to the
international community:
international community:
· That the sovereignty of the Hawaiian Islands was lawfully ceded to the
United States by a treaty of cession in 1898;
United States by a treaty of cession in 1898;
· That the international treaties between the Hawaiian Kingdom and other
sovereign States were superseded by the United States' treaties with
those
States;
sovereign States were superseded by the United States' treaties with
those
States;
· That United States laws and not Hawaiian Kingdom laws governed the
Hawaiian Islands to include taxation, tariffs and duties; and
Hawaiian Islands to include taxation, tariffs and duties; and
· That the Hawaiian Islands is the territory of the United States through
the State of Hawai`i and not the Hawaiian Kingdom, being a sovereign
State,
which has been under prolonged occupation since the Spanish-American
War.
the State of Hawai`i and not the Hawaiian Kingdom, being a sovereign
State,
which has been under prolonged occupation since the Spanish-American
War.
Dr. Sai's complaint alleges Obama, Clinton, Gates, Willard and Lingle with
violating the Lili`uokalani
assignment, the 1907 Hague
Convention, IV, the 1949 Geneva
Convention, IV, and for allowing the State of Hawai`i to have
maliciously
indicted, prosecuted and convicted Dr. Sai of a manufactured felony
count of
attempted theft of real property on March 7, 2000 for adhering to
Hawaiian
Kingdom laws, which by definition constitutes a "war crime" under Title
18 U.S.C. §2441(c)(1). The complaint seeks a permanent injunction,
including
punitive damages, disgorgement and restitution, to prevent and remedy
any
violations of the Lili`uokalani assignment and the international
laws of
occupation.
violating the Lili`uokalani
assignment, the 1907 Hague
Convention, IV, the 1949 Geneva
Convention, IV, and for allowing the State of Hawai`i to have
maliciously
indicted, prosecuted and convicted Dr. Sai of a manufactured felony
count of
attempted theft of real property on March 7, 2000 for adhering to
Hawaiian
Kingdom laws, which by definition constitutes a "war crime" under Title
18 U.S.C. §2441(c)(1). The complaint seeks a permanent injunction,
including
punitive damages, disgorgement and restitution, to prevent and remedy
any
violations of the Lili`uokalani assignment and the international
laws of
occupation.
# # #
For more information about this law suit, contact:
Dr. Keanu Sai at: 808-383-6100 or email: keanu.sai@gmail.com
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