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Kauai Eclectic
"As you may recall, he was quoted in Sunday’s newspaper as saying:“I’m not a developer, I’m just a regular guy in a very unfortunate, uncomfortable situation,” he said. “I’ve done everything I can to make this sensitive and respectful, and I don’t know what else can be changed.”It seems that over the past eight years, Brescia and/or his wife, Jodie, have purchased 10 properties in Hawaii — nine of them on Kauai — and re-sold at least four of them. These aren’t the sorts of properties that the average middle-class person might buy, either. Among them are a condo at The Regency at Poipu, a lot in the pricey Hanalei Palms subdivision, a place at Anini that he ended up selling for $740,0000 — half his original asking price — and another at Anini that he sold for $950,000.And then there are three parcels on Alalea Street in Wainiha, including the one with all the burials. He built a house on another, where one burial was found at the end of construction and reburied under the structure, that he recently sold. I don’t know what he got, but it was listed for more than $7 million.Further, Brescia has formed at least three limited liability corporations in Hawaii to handle his various real estate transactions.So maybe he’s not a developer, compared to those guys who build thousands of subdivision houses and strip malls, but he’s certainly a high-end real estate investor and speculator. And that, in my mind, at least, moves him out of the realm of a “regular guy,” which I would define more as the type who has to check his truck for change at the end of the month before buying snacks at Menehune Mart on his way to work in the morning.
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Aloha Hale and others,Just to let you know that even though we can't be there to assist our hearts and souls are with you and Kaiulani and everyone else there. Please keep us updated.Mahalo,Kalula
THE BATTLE AT NAUE CONTINUES!
Mahalo AMY!!! Thanks for the support. Everyone is down at the site right now as I type this. The police are ready to enforce, and the people are ready to stand kupa'a.A hui hou.Hale MawaeEo Lono!
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Good-bye presence

Today I went to the first day of the International Auto/Biography Association conference: Life Writing & Translations. One of the first people I saw and had the pleasure of talking to this morning was Jon Osorio. He asked how I was doing and I told him about packing up my life into boxes and getting ready for one more move. To which he replied, does that mean that you'll be gone for one year? I said, yes, but I'll be back in Sept. and Nov. for retreats in Hilo. Oh, he replied, but you'll be out of reach though, we won't be able to ask you to do anything for an entire year. Then he said, what will I do with my upstart students?That was a compliment, I think.Leaving home again.....any thoughts?
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Finding Roots in a song

I'm thrilled and anxious to receive my CD from Smithsonian Folkways...I've long wanted to get this and decided a few days ago to just jump in and purchase this already...I'm sure those who speak 'olelo hawaii with more fluency or study 'oli would appreciate this more - but my appreciation is with a different kind of ear - literally to listen to and hear the voice of my kuku kane - my great-great grandfather Kala Waiwaiole (b. 1860 - 1926).in my genealogy research i found three references to the fact that he was a noted and respected chanter.1) :37 second recording available from Smithsonian Folkways'Ūlei pahu i ka mokuWaiwaiole KalaPerformed by - Waiwaiole Kala - Vocals;Notes - Waiwaiole Kala, though aware of the use of the chant as a hula pahu and of Keahi Luahine's tradition, performs it without instrumental accompaniment as a hula pua'a (pig dance chant). The text is very similar to that performed by Pukui. This chant is prophetic of the coming of foreigners to Hawai'i and of their overwhelming influence on the Hawaiian. This recording was made in 1923.Credits - Recorded by Helen Roberts ; Translated by Keahi Luahine ; Translated by Mary Kawena Pukui ; Performed by Kawena PukuiSource: http://www.folkways.si.edu/trackdetail.aspx?itemid=28597-----------------------------------------------------------------------------2) Source: http://www.huapala.org/Chants/Ula_Kalaeloa_I_Ka_Lepo_.html`Ula Kalaeloa I Ka Lepo A Ka Makani - Traditional'Ula Kalaeloa i ka lepo a ka makaniKai ho'onu'anu 'ia 'apua Kalama'ula'Ike a ku'u mana'o ia'u kulaHea mai Kaiolohia'Eu ho'i maua i Ka'ana eAloha ia'u ke kula o NiniwaiO'u hoa i Kala'iakamanu eManu a hoa laukona i ke kee'lauAu'a 'ia e ka moe in a ke loha la he 'ai lili kaAia ua 'ike auRed is Kalaeloa with dust raised by the windThe dust concentrates at Kalama'ula asthough it were a basketAt sight of it I thought of my plainKaiolohia calls to meTo return to Ka'anaIn love am I with the plain of NiniwaiWith my companions at Kala'iakamanuBird companions that shy away amongthe leavesLove that is dreamt of is held back by jealousyThis is knownSource: "Na Mele Welo" Translated by Mary Pûku`i - This poem from Moloka'i was chanted by Kala Waiwaiole of Kapa`a Kaua`i--------------------------------3) Hula kileleiRoberts, Helen Heffron 1888-1985 Recording engineerKala, Waiwaiole Singer Kapa'a, Kaua'I, HawaiiDate Recorded: 19230000 haw sound recordingSung by Waiwaiole Kala of Kapa'aLibrary of Congress record data:AFS 00763 B04afc9999005American Folklife Center, Library of Congressloc.afc.afc9999005.2318
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SUPERFERRY NOT SUSTAINABLE

Environmental Concerns Persist Including Fuel Usage Can You Say "Aloha?"Hawai`i's Superferry is not sustainable as a passenger ferry. Its problems are much worse than those faced by airlines, using far more fuel per passenger than does a commercial airplane.Last month, the Superferry carried only 29% of its passenger load, according to USA Today. Low ridership occurred in spite of -
  • $49 promotional summer deal.
  • Inter-island air fares doubling in price.
  • Elimination of Aloha Airlines.
  • Smoother summer-time ocean conditions.
More Information Here
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l_b3766029796afb60ae619003706d0186.jpgPLEASE REPOST ! & STAND UP FOR WHATS RIGHT! " BE PONO" :).."KU I KA PONO".... ......The following was written by Hale Mawae, who asked me to help him spread it around:Aloha mai kakou,An article was published today in The Garden Island Newspaper of Kauai, statingthat the land developer, Joe Brescia, still intends to build over the ancient burialsof women and children at Naue despite not having clear title to the land.

ApparentlyHe's bringing in the big gun's on Tuesday, with the Kaua'i Police Departmentas well as the State Department of Land and Natural Resources.

It seems Ka'iulani'smeeting with the Kaua'i Police Department only came as a warning that they aren'tgoing to protect our rights as a Kanaka Maoli even with the royal patent held bythe Kauonohi descendants that never ceased to exist, and what's really sad andmore important is our rights to respectfully protect our iwi kupuna with honor againstthis HEWA land developer.

Earlier this week a mildly threatening unidentified person with the state AttorneyGeneral's office tried to serve fraudulent temporary restraining order'swith charges against parties within that same fraudulent document citing personaldamages against Joe Brescia from Kupuna Puanani Rogers, Uncle Jeff Chandler, AuntyKa'iulani Edens-Huff, Aunty Louise Sauzen, Hale Mawae, as well as 1-200 otherunnamed persons.

I think the "1-200" was just in case any other Kanaka Maoli citizens decidedto come protect their kupuna as well.

Sounds like it could be YOU too! But don'tworry it's only another fraudulent document created to strike fear into thosewho don't know how to exercise their rights yet.

Fortunately, for us if youhave been following the mo'olelo of Naue maybe you will learn how.

Joe Brescia's actions this week have been over and beyond disrespectful, notto mention illegal, despite his repeated bland heart-warming attempt for unwarrantedsympathy at the end of the article.

"“I’m not a developer, I’m just a regularguy in a very unfortunate, uncomfortable situation,” he said.

“I’ve done everythingI can to make this sensitive and respectful, and I don’t know what else can be changed.

"Unfortunate and uncomfortable situation? What can be changed? He obviously hasn'tgotten the answer from a very vocal community of Kanaka Maoli who don't wanthim to build his house over a cemetary.

What do you expect when you go above andbeyond the lines for the continued desecration of our iwi kupuna and the blatantdestruction of our connection to the rights of those iwi kupuna?The only unfortunate, uncomfortable situation is the one that Joe Brescia has manifestedand created for himself by all his HEWA! Any SANE person would not disturb theremains of a 14th century burial to put a 3 bedroom house on a piece of propertythat doesn't belong to him.

And just to put in a little disclaimer here, the original home he intended to buildwas 7,000 square foot plus, which included some 5 bedrooms.

What's even moreinteresting is the fact that Joe Brescia doesn't even intend on living on theproperty! He's just another land pimp looking to build a property then turnaround and sell that property for way more than its worth to make it profit.

He's already washed his hands clean of this situation in his mind.

But whathe doesn't know is that he's washing his hands clean with more and moreblood of Kanaka Maoli! Out damn spot, out! But the more he rubs his dirty fingerstogether, the more and more blood will stain his hands of filth.

I'm appalled that he even considers any manner of himself as being "respectful"or "doing the right thing" as he so often likes to state in his quotesto the press. He's disturbed the iwi.

He's disturbed the lives of trulyrespectable people who have been standing up for the iwi.

He's manipulatedthe state and affiliated agencies to cow down to his pathetic sob story, while heschemes new plans for attack behind closed doors with his objectionable lawyer,Walton Hong.

He's a two faced scam artist, who's only stirring up more waters, so thathe can continue to stuff blood money into his pocket and get out! His actions provelouder than his words.

Enough is enough!If he were to desecrate the bones of our people in times of old, there would beno discussion as to whether or not he could build his home.

There would be no diplomaticendeavors set in place for him to continue to scheme and manipulate other partiesinto his control.

There would be no "revised statutes" and "countyordinances" to reference and stand behind like a wimpy little kid who'shiding behind his parents leg after annoyingly picking a fight with an older sibling.

The kahuna's would allow the laws to stand in place for his crime, he wouldbe allowed ample time to escape to a city of refuge, and the warriors from thatrespective Ahupua'a and/or ohana in connection to that burial site would begiven the right to pursue him and do with him as they pleased.

Then it would come down to two situations:Hypothetical Situation (A)If he were to make it to the heiau of refuge, he would have to lay naked and prostratehimself before the Kahuna's to plead his case for entrance.

If the Kahuna ofthe heiau admitted him entrance for his guilt he would be marked with symbol andrestricted to the walls of the heiau with severe restrictions and extreme labor.

In essence, becoming a slave until he had been released of the severity of his crime,or until the ohana and or people of the ahu pua'a had ample time to ho'oponopono.

Even with the crime lifted against him, his release still meant that he would foreverlive with the mark of his crime, and forever he and his descendants would be inservice to the families who the crime was committed against.

Hypothetical situation (B)If he didn't make it to the heiau of refuge in time, well then the warriorsand ohana of those iwi who were desecrated could do with him as they pleased afterhe was captured. Any physical possession belonging to him would be seized.

(In thiscase he doesn't own anything!) There would be protocols set in place to ensuretheir actions, but as it says in countless mo'olelo it is in the iwi that holdsthe mana, and so in Joe Brescia's iwi there they would find his mana and inperforming protocol after his capture they would keep it for his crime of desecration.

Joe Brescia can not be allowed to build on these burials.

He has done nothing butto stir the waters of illegal disillusion within the illegitimate state that willonly protect the profit and property of his illegal actions that the "state"has continued to condone.

Aue!Have a read of the article and please pass on the mo'olelo of Na Hala O Naue.

For the iwi kupuna! For the people here on Kaua'i who are currently being tossedin this turbulent storm, but most importantly so that the next generation and thenext will remember that when the time came there were those who took a stand againstthe wrongdoers who gave us no choice.

To stand ku ha'aheo!Hale MawaeEo Lono!Property owner set to begin workby Michael Levine - the garden islandKa‘iulani Huff, the Kapa‘a resident who has been tent camping for nearly three monthson a Wainiha property discovered to be an ancient Hawaiian burial site in protestof planned developments, met with Kaua‘i Police Department officials Friday.

“Essentially, they wanted to warn me that they’re coming to our graveyard on Tuesday,and that — they didn’t say it out loud — but they were warning me that we’re goingto get arrested,” Huff said after the meeting.

"We did not ask her to leave, but if the developer decides they want to goin, they’ve provided all the documentation and we will be there to ensure theirlegal rights are protected, to minimize potential conflict with her (Huff’s) groupand make sure nobody gets hurt,” said KPD Assistant Chief Clayton Arinaga.

“We agreed as a department that we needed to meet with Ms.

Huff and the rest ofthe demonstrators to get on the same page and make sure we respect their right toprotest, but also to make sure they keep it peaceful,” said KPD Chief Darryl Perry.

Huff claims that the Wainiha subdivision should instead belong to her as it wasgranted to her family by the Hawaiian crown prior to American intervention.

A Jan.

31 Hawai‘i Supreme Court ruling determined that the state cannot sell anyof the 1.

2 million acres of ceded lands that once belonged to the Hawaiian monarchyuntil all claims are settled.

Huff said that “things are conspiring in our history right now” that could leadto her recovering the land.

She expects a variety of Hawaiian sovereignty groupsto join in her protest.

“We are sympathetic to her side, but we have a duty to perform our jobs,” Arinagasaid.

Landowner Joseph Brescia, according to attorney Walton Hong, has been trying tobuild a home on the land since 2001, but has been delayed by various environmental,legal and community challenges.

The Kaua‘i Island Burial Council determined in April that 30 burials discoveredon the property in a December 2007 archaeological survey must be left in place inorder for construction to begin.

Groundbreaking was rumored to start earlier this month, but contractor Ted Burkhardtand his crew left without performing any work as some 40 residents were assembledat the site in protest.

Tuesday is now rumored to be the first day of construction.

Brescia said yesterday in a phone interview that he was “considering” building a2,350-square-foot,three-bedroom home on the property and that he would likely be issuing a formalstatement this week.

“I’m not a developer, I’m just a regular guy in a very unfortunate, uncomfortablesituation,”he said.

“I’ve done everything I can to make this sensitive and respectful, andI don’t know what else can be changed .

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Oli Kāhea no Kauaʻi

Kauaheahe ka hanu mokihanai ka Wailehua o ukaLana hele mālie ka ‘ohu i ka malu koaHo‘olohe pono i ka leo o ke anianiauNianiau ho‘i nā kahu i ka mālama ‘anaLālā hākuma Alaka‘ii ka laulā lapalapa ‘olilikoKe liko a‘ela ka ua i ke kuahiwiMolokala a‘e i nā liko lehua makanoeE pae, e pae mālana i ke ao pinao, eThe breath of the mokihana moves gentlyon the Wailehua wind of the uplandsThe mist drifts silent in the shade of the koaListening well to the voice of the anianiauCaretakers quietly pursuing their stewardshipMoss-covered branches in the Alaka‘iOn the expanse of shimmering lapalapa treesThe rain glistens in the uplandsOpening the buds of the lehua makanoeLand, land lightly in the realm of the pinao------------------------------NOTES: Wailehua is a famous wind of the Kōke‘e-Alaka‘i region; mokihana is a Kaua‘i endemic plant whose fragrant berries are the signature lei of Kaua‘i; anianiau is an endemic forest bird of Kaua‘i; lapalapa is a distinctive tree of the Alaka‘i plateau and the montane wet forest; lehua makanoe is the classic plant of the Alaka‘i bogs; pinao is the native dragonfly, an animal of significance on Kaua‘i. This oli is filled with symbols of attentiveness and care, moisture and growth, and ends with a request for arrival in the realm of natives. Na Sam ‘Ohukani‘ōhi‘a Gon III, i haku ‘ia me nā hoa hana o ke ke‘ena Kaua‘i, 20 June 2008, for their use when entering the native uplands.
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If you’re like so many who are fed up with the Office Of Hawaiian Affairs attempts to control and manipulate the creation of a new Hawaiian nation, we’ve got some good news.Long time Hawaiian patriot Bumpy Kanahele is calling for a constitutional convention, whereby the people will decide their own future in order to build a Free Hawaii.This grass roots, from the bottom up process, is open to people of all races.As Bumpy reminds us, it’s a national thing, not a racial one.Contrast that with the Akaka bill, which would only include those of fifty percent or more Hawaiian blood.Watch Free Hawai`i TV this coming Wednesday for all the exciting details, but if you want a head start, go to BumpyKanahele.com to learn more.We’re proud to be a part of Bumpy’s effort to ensure that the people’s voices are heard.And if you support our issues on the Free Hawai`i Broadcasting Network, please email this to a friend and see below how you can help us continue our work.By the way, we’re told a brand new shipment of UnKau Inoa t-shirts have arrived but you better get yours fast as they are flying off the shelves and won’t last long.Call (808) 295-1483 to get your UnKau Inoa shirt today.People power is what’s it’s all about and we’ve got it for you this week here on Voices Of Truth Voices Of Truth – One-On-One With Hawai`i’s Future.MONDAY, June 23rd At 7:00 PM & FRIDAY, June 27th At 5:30 PM Hawai`i Island – Na Leo, Channel 53SATURDAY, June 28th At 8:00 PM O`ahu - `Olelo, Channel 53“Kukulu Kumu Hana O Punalu`u – A Visit With Sheryl Waimakalani Iona”“We don’t say no, we just say come.”With those words Kukulu Kumu Hana O Punalu`u, a two week residential summer cultural immersion program for children of Ka`u district on Hawai`i island was born.Kukulu kumu hana, which means to pool one’s thoughts to solve common problems, brings children down to the beach at Punalu`u to discover who they are and their connection to the `aina.Started by the late Keola Hanoa, Sheryl Iona stepped in after her cousin’s passing. She had big shoes to fill, but for Sheryl, that was no problem at all.She tells us, “We share with them who we see they’ll become. They always end up being it, having pride in themselves, their culture and their ancestors.”Participants now come from all over the island, even foster children, to learn respect, values, commitments and to malama (care for) each other and the `aina.With the original students now acting as teachers, the circle keep growing as participants learn the cultural importance of cleaning the land, planting, and rising early each morning, chanting to greet the sun.You’ll be as moved as we were in our amazing visit with Sheryl as she shares with us the secret of her success - “We love these children no matter what and see them as they are. In the end, they always leave feeling good about themselves and their future.”MONDAY, June 23rd At 6:30 PM Maui – Akaku, Channel 53“Hale Halawai – Monument To Activists – A Visit With Soli Papakihei Niheu”People were concerned about longtime Hawaiian political activist Soli Papakihei Niheu.In poor health and living in an old one-room structure in Waimea, his friends knew he needed something better.So they decided to act. They collected contributions, both money and materials, and soon had enough resources to build him a new house.That’s when Soli stepped forward to let them know he didn’t want a house.Instead he wanted the one thing missing in Hawai`i that’s common throughout most other islands in the Pacific - a hale halawai.Similar to the Maori marae in Aotearoa, (New Zealand,) hale halawai is a formal meeting place to receive and host visitors from far and wide, through Hawaiian protocol and hospitality.Soli saw his hale halawai as a place to host sovereignty movement activists from all over Te Moana Nui – The Polynesian Triangle.Because Soli had dedicated his life to serving others, they knew they now had to do the same thing for him.So they built it for him.In our moving and highly inspirational visit with Soli, you’ll hear him tell his story and see the pictures for yourself of how his hale halawai became reality. Surviving two earthquakes and many other challenges, Soli persevered in his vision of having both a monument to his heroes, the early pioneers of the sovereignty movement, as well as a place for today to teach the young.THURSDAY, June 26th At 8:30 PM & FRIDAY, June 27th At 8:30 AM Kaua`i – Ho`ike, Channel 52“The Health Of Our Nation – A Visit with Dr. Kawika Liu”It’s no secret the health of Hawaiians today needs to vastly improve.But what some people may still be unaware of is how it got this way.Dr. Kawika Liu, a Native Hawaiian pediatrician, sees the answers on a daily basis.Kawika knows that the health of the people is directly tied to the health of the `aina, and the `aina’s health is tied to the health of the Nation.On Molokai Dr. Liu witnesses first hand how the continued illegal U.S. occupation of Hawai`i has impacted it’s residents, including, most importantly, Hawai`i’s keiki.While that may seem far-fetched to some, Kawika talks about the direct physical effects, what caused them and how a Free Hawai`i is such a large part of the solution.Hear it firsthand from this fiercely dedicated and knowledgeable medical expert who knows, along with his moving description of what a truly healthy Hawai`i and it’s people could be like.Voices Of Truth interviews those creating a better future for Hawai`i to discover what made them go from armchair observers to active participants in the hopes of inspiring viewers to do the same.Please consider a donation today to help further our work. Every single penny counts.You may donate via PayPal at VoicesOfTruthTV.com or by mail –The Koani FoundationPO Box 1878Lihu`e, Kaua`i 96766If you missed a show, want you see your favorites again or you don’t live in Hawai`i, here’s how to view our shows anytime – visit VoicesOfTruthTV.com and simply click on the episodes you wish to view.And for news on issues that affect you, watch FreeHawaiiTV.com.It’s all part of the Free Hawai`i Broadcasting Network.
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Protect Papahanaumokuakea!!!

Public hearings on the future of the NWHI are rolling out all around the islands- This is it! Your voice and your comments are desperately needed to fully protect the Northwestern Hawaiian Islands!

Two years of closed-door meetings by government agencies has resulted in a new plan for the next 15 years of NWHI which detrimentally expands the human footprint in this fragile and unique 1,200-square mile marine reserve. Without your help, approval of this plan will mean construction of a "small municipality" on Midway, new cruise ships, more extractive research, and opening the NWHI to bioprospecting. The NWHI's eight-year-old citizen's advisory council will be disbanded, and we will see new Navy missile interceptions, chemical warfare simulations and sonar activities within the NWHI without any mitigations.

Is this an appropriate vision for this sacred, fragile marine area? Please take this opportunity to learn more and tell governement officials what you think of their plans!

Attend one of the many public hearings throughout June!
All hearings are 5:30-8:30 pm

REMAINING HEARINGS:
June 23 (Mon) Lihu'e: Kaua'i Beach Resort

June 24 (Tue) Honolulu: Japanese Cultural Center

June 25 & 26 (Wed & Thur) Hawaii Kai: Reserve Advisory Council Meeting

June 27 (Fri) Honolulu: Board of Land and Natural Resources Hearing

Mahalo for your continued support and participation in the effort to ensure the strongest possible protections for the Northwestern Hawaiian Islands and all of Hawai'i's public trust resources!

More Background Information:

The NWHI hui has been reviewing the management plan in detail and we join with the former and current Reserve Advisory Council members, cultural practitioners, scientists, resource experts, and long-time advocates for our Kupuna Islands in their call for major changes in this Monument "development" plan.

It will take all of our voices to uphold the public's vision that there be no further human footprint on this unique wilderness. Together, we have proven that concerted public pressure can win amazing victories for this fragile and sacred place. We can do it again today! Submit your comments now and help direct management of Papahanaumok...

WHAT YOU CAN DO RIGHT NOW:

1. Sign KAHEA's Petition to Fully Implement Protections for Papahanaumokuakea,

2. Click here to submit your own comments,

3. Send this important call to action on to all your friends and family, either by forwarding this email or by clicking here,

4. Plan to attend a public hearing in your area (click to download event flyer).

5. Learn more about the grassroots effort to protect the Northwestern Hawaiian Islands by clicking here.

Mahalo,
Us Guys at KAHEA KAHEA: The Hawaiian-Environmental Alliancekahea-alliance@hawaii.rr.com888-528-6288 toll-free phone/faxwww.kahea.org

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FEDERAL RECOGNITION OR A FREE HAWAI`I?

A Hawai`i National Speaks -Unfortunately, many of we, Hawai`i nationals, are against the seditious Akaka Bill, its intentions and wording. What we really want is for the US to de-occupy our country and leave Hawai`i. We don’t want them or their military here; we never did. Why is it that US Americans don’t want to hear it - they didn’t listen in 1893, 1897, 1959, or now? It seems US Americans rather believe in the lies and the made-up myths rather than the truth. This is why we can identify with the Iraqis, Native Americans, and all those living in belligerent occupied nations. Shame and dishonor has been the hallmark of the USA for over two hundred years. Why would it change?Tane IncongPearl City, O`ahu
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Article from Global Research

Article from Global Research

Harvard's Gitmo Kangaroo Law School-The School for Torturers .

Read the article at http://www. globalre.. search. ca/.. index. php?.. context=va&aid=9359

Harvard’s Gitmo Kangaroo Law School-The School for Torturers ..By Prof.

Francis Boyle.. Global Research, June 16, 2008......

Boumediene v Bush, 553 U.S.

Supreme Court, June 12, 2008VersusHarvard’s Gitmo Kangaroo Law School--The School for Torturers

tortureelectric.jpgNot surprisingly, the January 2007 issue of the American Journal of Imperial Law--otherwise known as the self-styled American Journal of International Law but founded and still operated by U. S. State and War Departments’ apparatchiks and their professorial fellow-travelers-- published an article by Harvard Law School’s recently retired Bemis Professor of International Law Detlev Vagts (who only taught me the required course on Legal Accounting) arguing in favor of the Pentagon’s Kangaroo Courts System on Guantanamo despite the fact that they have been soundly condemned by every human rights organization and every human rights official and leader in the entire world as well as by the United States Supreme Court itself in Hamdan v. Rumsfeld (2006).

I am not going to bother to recite here all the grievous deficiencies of the Gitmo Kangaroo Courts under International Law and U.S. Constitutional Law. But suffice it to say that the Gitmo Kangaroo Courts constitute war crimes under the Laws of War, the Four Geneva Conventions of 1949, and even the U. S. Army’s own Field Manual 27-10, The Law of Land Warfare (1956). Field Manual 27-10 was drafted for the Pentagon by my Laws of War teacher the late, great Richard R. Baxter, who was generally recognized as the world’s leading expert on that subject, which is precisely why I voluntarily chose to study International Law with him and his long-time collaborator Louis B. Sohn, and not with the bean-counter Vagts. For the entire post-World War II generation of international law students at Harvard Law School, Louis Sohn shall always be our real Bemis Professor of International Law and never the False Pretender to that Throne known as Detlev Vagts.

Since those student days I have personally appeared pro bono publico in five U.S. military courts-martial proceedings involving warfare that were organized in accordance with the Pentagon’s Uniform Code of Military Justice (U.C.M.J.)--which still does not apply to the Gitmo Kangaroo Courts despite the ruling by the U. S. Supreme Court in Hamdan that the U.C.M.J. should be applied in Guantanamo--on behalf of five U. S.

military personnel who each acted as matters of courage, integrity, principle, and conscience at great risk to their freedom:

U.S. Marine Corps Corporal Jeff Paterson, the first U.S. military resister to President Bush Sr.’s genocidal war against Iraq; Army Captain Doctor Yolanda Huet-Vaughn, the highest ranking U. S. commissioned officer to be court-martialed for refusing to participate in President Bush Sr.’s genocidal war against Iraq; Captain Lawrence Rockwood, who was court-martialed by the U. S. Army for trying to stop torture in Haiti after the Clinton administration had illegally invaded that country in 1994; Army Staff Sergeant Camilo Mejia, the first U. S. military resister to be court-martialed for refusing to participate in President Bush Jr.’s war of aggression against Iraq; and Army First Lieutenant Ehren Watada, the first U.S. commissioned officer to be court-martialed for his refusal to participate in President Bush Jr.’s war of aggression against Iraq.

As I can attest from my direct personal involvement, each and every one of these five courts-martial under the U.C.M.J. were Stalinist show-trials produced and directed by the Pentagon that predictably and readily degenerated into travesties of justice. These five U.C.M.J. courts-martial involving warfare each proved correct the old adage attributed to Groucho Marx that military justice is to justice as military music is to music. By comparison, the Gitmo Kangaroo Courts will not even be run in accordance with the U.C.M.J. despite the fact that the U.S. Supreme Court ruled in Hamdan that they should be.

Whenever they are up and running the Gitmo Courts will constitute Stalinist Show Trials as well as Kangaroo Courts, and their preliminary proceedings have already proven them to be Travesties of Justice. Even worse yet, fully-functioning Stalinist Gitmo Kangaroo Courts will quickly become conveyor-belts of death for alleged and already tortured terrorist suspects along the lines of the Texas execution chamber operated by George Bush Jr. when he was the “governor” of that state and tortured to death 152 victims by means of lethal injection. Gitmo will become America’s Death Camp. But today under the Four Geneva Conventions of 1949, executing persons detained as a result of armed conflict without a fair trial before a regularly constituted court constitutes a grave war crime. To be sure, under the First Amendment to the United States Constitution Professor Vagts has the freedom to advocate war crimes so long as he does not participate in their commission, or incite them, or aid and abet them.

But precisely where is that line to be drawn for law professors?In this regard, the Harvard Law School Faculty currently has at least five professors who have advocated torture and war crimes:Vagts himself, who supported abusing the then recently captured President of Iraq Saddam Hussein despite his being publicly acknowledged to be a Prisoner of War by the Bush Jr. administration itself and thus absolutely protected by the Third Geneva Convention of 1949 and the Convention against Torture; the infamous Alan Dershowitz, a self-incriminated war criminal in his own right.

Dersh publicly acknowledged being a member of a Mossad Committee for approving the murder and assassination of Palestinians, which violates the Geneva Conventions and is thus a grave war crime; the Neo-Con Con Law non-entity known as Richard Parker;

Another one of my teachers, Waco Phil Heymann. Previously Waco Phil had been Deputy to U.S. Attorney General Janet Reno, the Butcheress of Waco. Reno ordered the Waco Massacre, while Heymann orchestrated its cover-up and thus earned his well-deserved sobriquet of Waco Phil.

All those incinerated women and children!The war criminal Jack Goldsmith who while working as a lawyer for the Bush Jr. administration at both the Pentagon and later its Department of In-Justice did much of the legal spade-work designing, justifying and approving the hideous human rights atrocities that the Bush Jr. administration has inflicted on everyone after 9/11. Goldsmith and his co-felon legal colleague from the Bush Jr. administration Professor John Yoo--now desecrating Berkeley’s Law School where my friend and colleague the late, great Dean Frank Newman had taught Human Rights--are functionally analogous to Nazi Law Professor Carl Schmitt, who justified every hideous atrocity that Hitler and the Nazis inflicted on anyone.

Despite my best efforts to prevent it, the Harvard Law School Faculty and Deans hired the war criminal Goldsmith right out of the Bush Jr. administration knowing full well that he was up to his eyeballs in the Gitmo Kangaroo Courts, torture, war crimes, enforced disappearances, murder, kidnapping, and crimes against humanity, at a minimum. And when Goldsmith’s proverbial “smoking-gun” Department of In-Justice Memorandum was published by the Washington Post, Harvard Law School’s Dean Elena Kagan contemptuously boasted in response about how “proud” she was to have hired this notorious war criminal. Previously Kagan had also publicly bragged that the future of International Legal Studies at Harvard Law School would be in the “good hands” of their resident war criminal Goldsmith. How tragically true! The Neo-Conservative Harvard Law School Faculty and Deans deliberately set out to hire this Neo-Nazi legal architect of the Bush Jr. administration’s bogus and nefarious “war against terrorism” because they fully support it together with all its essential accouterments of torture, kangaroo courts, war crimes, murder, kidnapping, enforced disappearances, crimes against humanity, and Nuremburg crimes against peace.

By contrast, after the terrorist bombing of the Murrah Federal Building by Timothy McVeigh and Terry Nichols in alleged revenge for the Waco Massacre and Cover-up by Janet Reno and Waco Phil Heymann, to the best of my recollection I do not remember that the Neo-Conservative Harvard Law School Faculty and Deans advocated kangaroo courts, torture, war crimes, and racist profiling for America’s White Judeo-Christian Males. Yet after 9/11 the fundamentally White Racist Harvard Law School Faculty and Deans have no problem with inflicting torture, kangaroo courts, war crimes, and racist profiling upon Muslims/Arabs/Asians of Color, which is exactly why they hired the war criminal Goldsmith to teach such criminal practices to their own law students and thus someday turn them into racist U. S. governmental war criminals in their own right. This is because for the most part the Harvard Law School Faculty and Deans have always been viscerally bigoted and racist against Muslims/Arabs/Asians and other People of Color since at least when I first matriculated there in September of 1971.

The Harvard Law School Faculty and Deans are no longer fit to educate Lawyers, Members of the Bar, and Officers of the Court. They are a sick joke and a demented fraud. Groucho Marx would have had a field day with them: Harvard is to Law School as Torture is to Law. The Harvard Law School Faculty and Deans torture the Law. Do not send your children or students to Harvard Law School where they will grow up to become racist war criminals! Harvard Law School is a Neo-Con cesspool.

Francis A. Boyle holds a J.D. Magna Cum Laude (1976) from Harvard Law School, and an A.M. 1978) and Ph.D. (1983) in Political Science from Harvard University. He taught for two years as a Teaching Fellow in the Harvard College, and as also an Associate at Harvard's Center for International Affairs 1976-78). He practiced tax and international tax with the Boston law firm of Bingham, Dana & Gould (1977-78). He joined the Faculty of the University of Illinois College of Law in 1978, where he currently teaches courses on Public International Law, International Human Rights, the Constitutional Law of U.S. Foreign Affairs, and Jurisprudence, having previously taught courses on Criminal Law, International Organizations, World Politics and International Law, and Latinos and the Law. He is the author of eleven books including his latest "Protesting Power:War, Resistance and Law" (Rowman & Littlefield Inc.:2008) and Breaking All The Rules: Palestine, Iraq, Iran and the Case for Impeachment" (Clarity Press: 2008).

He can be reached at: FBOYLE@LAW. UIUC. EDU

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SUPERFERRY LOBBYS FOR MILITARY BUSINESS

The Hawai`i Superferry has spent $210,000 since last summer to lobby for federal money to install features on its second high-speed catamaran to make it more attractive for military use.The Superferry paid Blank Rome LLC, a prominent law and lobbying firm, to try to obtain federal money through the National Defense Features program to cover the cost of improvements to its second catamaran under construction at the Austal USA shipyard in Mobile, Ala. The defense program covers the installation of militarily useful features on commercial ships if the owners agree to make the ships available to the military during emergencies.The Superferry also may eventually retrofit the Alakai, which is now in commercial passenger and cargo service between O`ahu and Maui, with a vehicle ramp and other improvements. The improvements to the catamarans, if completed, would make the vessels self-sustaining and better suited for military assignments here and abroad. The second ferry is scheduled for delivery next February.John Lehman, a Superferry investor and former secretary of the Navy, and a Superferry executive told Pacific Business News in March 2005 of the ferry's potential to move the Army's Stryker brigade and other military equipment between O`ahu and the Big Island.Read More Here
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