Update: the hearing officer Amano threw out all motions made thus far; 8/12/16 two motions scheduled to be heard

Update: the hearing officer Amano threw out all motions made thus far and that’s what was deliberated on 8/5/16.

Kamahana Kealoha’s original motion, which was resubmitted for the upcoming pre-hearing on 8/12/16, was not heard and Amano claimed not to know what Kamahana was trying to do and that it was not a motion that she recognized.

It is really unfortunate that Amano is pretending not to know anything about the constitutional right of Quo Warranto. It is a constitutional mandate that calls for the presiding entity/court/judge to prove that they have jurisdiction.

Amano has pretty much delivered denials of all motions against her “authority” as the Board of Land and Natural resources hearing officer for this hearing.

The claim is that the State has “unclouded” title to the summit lands according to a State Supreme Court ruling.

She has been using the reference and statement that “all ceded land title have been upheld as “unclouded”” by the Supreme Court of Hawaii. All motions thus far claiming lack of jurisdiction and calling for termination of this re-permitting process has either been denied or not heard.

Also all charges about her own “conflict of interests” she claims she has forwarded to the Board of Land and Natural Resources (BLNR), who according to Amano, made the decisions to deny motions questioning jurisdiction and termination of this process. Again all denied.

On 8/5 she stated that Kamahana’s Quo Warranto motion was not a motion at all and that she had no idea of what Quo Warranto is.

Quo Warranto is a U.S. Constitutional protection that forces any entity claiming to have any kind of jurisdiction over any people, land, legal proceeding, court case or hearing to prove they have jurisdiction absolutely.

Amano quotes the Supreme Court by saying the ceded land title the State of Hawaii asserts is “unclouded.”

This is the issue:

For anything to be called “ceded” a “cessation” must happen. This is basically a land conveyance from one country to the other. This is only done in treaty. A treaty is an agreement and contract between two sovereign countries.

NO TREAY HAS EVER EXISTED CONVEYING, OR “CEDING,” ANY PART OF OUR 2.2. MILLION ACRES OF CROWN AND GOVERNMENT LANDS OF THE HAWAIIAN KINGDOM.

Mauna Kea is part of that 2.2 million acres of Crown and Government lands that were never ceded from the Kingdom of Hawaii to the State of Hawaii nor the United States of America.

The attempt to have such a treaty between the United States and the Provisional Government of Hawaii (a.k.a. the overthrowers, a.k.a. the Republic of Hawaii) FAILED twice largely because of the work of our Tutu regarding the annexation petitions (a.k.a. Ku’e Petitions) of 1897 submitted to the U.S. congress during their deliberations attempting to create such a treaty with the overthrowers.

Over 95% of our Hawaiian blooded Kingdom subjects, including over 2,000 non-Hawaiian blooded Kingdom subjects signed this petition.

The attempt to fraudulently create a treaty of cessation FAILED twice. The first time America thought Hawaii worthless and laughed at making Hawaii a part of America. The second attempt failed because our Tutu organized within one month to acquire 95% of the living Hawaiians signatures in 1897. They signed as knowledgeable, educated Hawaii nationals against any form of annexation always and forever in this petition.

THIS IS WHY IT IS IMPORTANT TO REASSERT the Hui Aloha Aina today.

They organized this in 1897 and in less than ONE MONTH achieved what we have never achieved since- almost 100% unification of the Hawaiian people.

In 1898 the Spanish-American War is going on centered in the Philippines, and America then sees value in acquiring Hawaii from the overthrowers (a.k.a. Republic of Hawaii, a.k.a. Provisional Government) and knowing the recent FAILED treaty attempts with the overthrowers pass a law in their own congress. This type of law is called a “house resolution.”

A house resolution is basically America making a law that only has power in its own country. They use this house resolution as a FRAUD for a treaty and to this day NO TREATY EXISTS. A country cannot make a law on its own that has any power in any other country in the world. The only way a country can have something similar- that is make a law that is in effect and enforced in another country- is through TREATY. A treaty is an agreement or contract between two sovereign entities.

Therefore there are NO such thing as ceded lands. LAND WAS NEVER CEDED. There is no cessation or treaty to validate the claim and designation and there is no lawful proof of clear title for the lands on Mauna Kea.

Therefore the Board of Land and Natural Resources, an entity of the occupying State of Hawaii, HAS NO CLEAR TITLE and NO JURISDICTION. Therefore Amano has no legal authority over this re-permitting process and the hearings lawfully should be shut down and terminated.

Kamahana has resubmitted his original motion of “Quo Warranto” (Latin, demand for jurisdiction”).

He prepares to be heard on Friday, August 12.

The Sate of Hawaii and the United States have historically dismissed entire cases bases on this question of validity. Mostly because in any court, even their own, the facts would support that Hawaii is occupied and the U.S. and State must comply to international law which means all hearings, all plebiscites MOST EVERYTHING is invalid and must be given back to the rightful, representative, Hawaiian Nation.

This is Hawaii’s always lingering, and 123 year long, ongoing, political crisis.

Hawaiian subjects are subjected to ethnocidal, apartheid and blood quantum regulations and are forced to be American citizens and yet, as in dual citizenship whether the Hawaiian nation is operating or not, they are first and foremost HAWAII NATIONALS of a multi-ethnic descendant population still living today and whom are recognized to have INALIENABLE and INHERENT rights that pro-American ethnocide and apartheid entities have continued to exterminate and dismember.  The Hawaiian national body’s right to govern themselves and have returned all jurisdictions and assets is on the table every single day in many, many different confrontations, court cases, protests and so-on.

We don’t know what will happen on 8/12/16  but this is a significant moment for our ohanas, and for descendants of Lilinoe. Her genealogy has official, court recognized, documentation that has already been accepted and officiated in the land courts and legal arenas of the occupying State of Hawaii and occupying United States of America.

This particular process, the permitting process for “conservation lands,” could never return Hawaii to sovereign status in its questionable capacities HOWEVER it could potentially terminate this re-permitting of the TMT and this is the focus of the Board of Land and Natural Resource’s contested case hearing for the possible re-permitting to build on Mauna Kea.

Near 30 individuals and entities are recognized, as a party with legal interests and the negative impact includes the fact that Tutu Lilinoe was a real person before deified as an Aumakua or goddess. Her remains are documented many times over to be buried in the summit of Mauna Kea with her husband, a chief of Waimea, Kukahauula, who has also been deified into an Aumakua after death. In particular Kamahana was accepted into the proceedings as the Mauna burial grounds are his real burial grounds, not ancient and not of a dead culture as they would prefer us to believe. Lilinoe’s remains have never been found, as is appropriate as secrecy is the absolute standard for upholding the spiritual well-being of those whose remains these are and their kahu. Official, court approved documentation however is solid as the Hawaiian Kingdom has documented numerous accounts of Lilinoe being visited, once by Kaahumanu and another time by Kamehameha III, Kauikeaouli. Lilinoe’s existence and the fact that her remains are interred on the Mauna summit are indisputable. A fact.

 

The fact that Hawaiian preparation of the body has been decriminalized this past 2015 by occupying State of Hawaii’s governor Ige, also point to the FACT that descendants of Lilinoe represented by Kamahana in this process, as a party, have real lawful interest that will be impacted. Kamahana contends that since Hawaiian preparation of the body for burial has been decriminalized it is reasonable and lawful to assert that he as a direct descendant to Lilinoe also has direct legal rights that need to be upheld as the current occupier’s legal trend proves that we can reasonably expect Hawaiians to not only want to PREPARE their bodies accorded to Hawaiian cultural standards, but that Hawaiians OF COURSE need to be buried somewhere.

Mauna Kea summit is documented as a historical Hawaiian burial grounds. Lilinoe is officially documented to be there. Therefore these are HAWAIIAN burial grounds and HAWAIIANS have a right to be buried in them in whatever capacity that is appropriate to their varied and prolific culture, so just because the TMT may not be being built on Hawaiian remains does not mean that the land they are desecrating is not prospective burial grounds for modern Hawaiians.

They said we couldn’t get the first permit terminated. Now they say we can’t stop it in the -repermitting.

They say our culture is dead and we are liars.

They say there are not burials, yet so many have been documented.

Let’s see what they say now.

That’s the update. Feel free to share.

This is the pre-hearing process still for the contested court case. What we do at this point in the process is fight to have our certain issues, claims, witnesses and evidence at the final hearing which is yet to be determined. The per-hearing process could take up to three years but Amano is rushing it. Kamahana asked her when she claimed his motion was not a motion, and that she wants us back next week (8/12) to followup on this matter and another,:

“WHO ARE YOU accommodating?” She said “No one.”

Yet the rules of the contested court case governed by occupying Hawaii Statute’s state that the hearing officer must do their best to accommodate all parties.

“No one” is the worse answer she could have gave.

When one sits back and looks at the 30+ who are parties and thinks about who this accommodates the most, I believe we get the same answer time and again.

Amano made the followup hearing date on 8/12 less than a week in advance notice. It costs so much money to fly in from Honolulu, not be able to work and be as one must be on-call for this process, and not be able to attend school for the same reason. Gas, flights, food… etc. etc.

There are only 3 outer island parties flying in to Hilo. They are constantly forced to choose between basic life necessities and protecting their sacred burial grounds and endangered species development from corruption of the public lands system of the occupying state of Hawaii.

Mauna Kea was always considered the Piko, umbilical cord, of all of Hawaii, even the world.

Lawful interest holders like Kamahana and the other parties are not Hawaii island residents exclusively. This process completely disservices not just Hawaiians but all of Hawaii and all of the public as what happens in this case sets precedent for all of our natural resources and cultural resources.

Environmental assessments also are flawed and fraudulent in regards to our waters and other natural resources and endangered species environments. Water for the entire island of Kahoolawe has been destroyed forever and now the island is uninhabitable because its water lens has been bombed and poisoned. The TMT and the other development on the Mauna summit sit at the very BEGINNING of our water aquifer on Hawaii island and the TMT alone has 15,000 gallons of waste (5,000 toxic waste) built into its 20 story, industrial initiative.

HAWAII as a people have a right to protect their water, lands and food supply. None of these natural resources are renewable. Hawaii is literally the MOST REMOTE place on Earth. When Hawaiians had rightful jurisdiction in the past they stewarded their natural resources. Hawaiians were 100% sustainable at a population of approximately 700,000 with a storehouse of food to feed a 1 million.

After occupation, all the water diversions (Kohala ditch on Hawaii island being the largest water diversion in the world at its time and still is a large diversion), pollution, killing of ecology on the reefs and in the mountains, HAWAII NOW IMPORTS 90% of ALL THEIR FOOD. On top of that the occupation enforces the oppressive “Jone’s Act” that cause imported Matson containers from foreign countries like China and others $8000 instead of $800. This economic oppression forces all out of Hawaii, not just Hawaiians.

The rationale for the Jone’s Act (since 1959) has been that Hawaii does not have the security capabilities to secure these imports in customs, so the ships are forced to go to “approved” ports in the contiguous United States or ports approved in South America.

HOW CAN HAWAII NOT HAVE THE SECURITY CAPABILITY WHEN THE LARGEST U.S. MILITARY PRESENCE IN THE WORLD IS NOT IN SYRIA, NOT LYBIA, NOT KOREA, NOT AFGHANISTAN, NOT IRAN, OR IRAQ… BUT HER IN HAWAII?????!!!!!

AN INDEPENDENT AND FREE HAWAII IS A HAWAII THAT WE ALL NEED, NOT JUST HAWAIIANS.

Every country in the world can do it. Hawaii has done it, and does it well. And we can do it again. For now the Mauna is threatened. Our tutu Lilinoe is threatened. Our natural resources are threatened… and the eternal rest and human remains of Hawaii’s first peoples, as well as their burial grounds are threatened.

Let’s fight back. Thanks you all for your support thus far. WE STILL NEED YOU… We have to finish this.

Aloha.

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3 responses to “Update: the hearing officer Amano threw out all motions made thus far; 8/12/16 two motions scheduled to be heard

  1. Thank you for this update. I read all posts I get from Hawai’i, though now far away. FYI : You mean to say Jones Act not Joan’s Act. Confronting the chemical polluters also has to be high on the list of actions. One would think that deliberate poisoning of people would be a felony! Arrests, anyone?

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    • Mahalo nui loa! Thank you so very much! We appreciate your kokua and mahalo also for you comments and communication with us! We have been so very busy but hope to catch up with everyone. MAHALO!

      Like

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