150720 king's letter to adjutant general national guard

His Majesty Edmund K. Silva, Jr. Nou Ke Akua Ke Aupuni O Hawaii

Ka Puuhonua O Na Wahi Pana O Hawaii Nei kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it. (An autonomous independent sovereign nation-state contemplated

under Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the four qualifications of (a) a permanent population, (b) a defined territory, c) government;

and (d) capacity to enter into relations with the other states.)

July 20, 2015 To: Brigadier General Arthur J. Logan

Adjutant General Hawaii National Guard Department of Defense State of Hawaii 3949 Diamond Head Road Honolulu, Hawaii 96816

Info: Office of the Governor

The Honorable David Y. Ige Governor, State of Hawaii Executive Chambers, State Capitol Honolulu, Hawaii 96813

Attorney General Loretta E. Lynch United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 Mayor Billy Kenoi Hawai'i County Building 25 Aupuni St. Hilo, Hawai'i 96720 [email protected] Chief of Police Harry S. Kubojiri 349 Kapiolani Street Hilo Hawaii 96720

Ka Puuhonua O Na Wahi Pana O Hawaii Nei Nou Ke Akua Ke Aupuni O Hawaii

kingdomofhawaii.info


The United Nations Charter provides the rest of the authority to do it. An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

Hawai'i Attorney General David Chin 465 South King Street #101 Honolulu Hawai'i 96813

Trustees (OHA) The Office of Hawaiian Affairs 711 Kapiòlani Blvd., Ste. 500 Honolulu, Hawaiì 96813 President David Lassner Office of the President University of Hawaiì 2444 Dole Street Bachman 202 Honolulu, Hawaiì 96822 [email protected] Chairperson Suzanne Case Department of Land and Natural Resources DLNR Main Office Kalanimoku Building 1151 Punchbowl St. Honolulu, Hawaiì 96813 [email protected] Subject: Matter of Law The respective state National Guards are authorized by the Constitution of the United States. As originally drafted, the Constitution recognized the existing state militias, and gave them vital roles to fill: "to execute the Laws of the Union, suppress Insurrections and repel Invasion." (Article I, Section 8, Clause 15) (emphasis added)







states.

Dear General Logan: As I am sure you are aware, there is a major controversy surrounding the attempt to construct the Thirty Meter Telescope (TMT) on Mauna a Wkea, a site considered sacred by the Hawaiians. On June 24, 2015, hundreds of people came to the Mountain to block the passage of TMT construction workers up to the site chosen for the telescope. In the first phases of the blockade, the Protectors of the Mountain and the Hawaii County Police moved very slowly up the Mauna Kea Access Road. The interactions between the Protectors and the Police were very peaceful. One person decided to get arrested and was led away without incident. When the jurisdiction changed to the State Department of Land and Natural Resources, the energy changed significantly. The DOCARE officers were more aggressive and impatient. More and more people started getting arrested, in many cases without any reason. When the Protectors further up the Mountain heard about the rising tension, they placed rocks in the access road. When the convoy reached the rocks, DLNR made the decision to abandon the effort to reach the site. The convoy turned around and the episode ended peacefully. Subsequently, the Governor and State agencies have been very busy adopting new rules and restrictions to drive the Protectors off the Mountain and to prevent a blockade from reforming, should the TMT decide to proceed with construction. These State agencies are conspiring to violate the constitutional rights of those who hold the Mountain sacred and otherwise object to the construction of the TMT. The collusion between State agencies and the TMT attorneys is revealed in the Hawaii Tribune-Herald article published on Friday, July 10 http://westhawaiitoday.com/news/local-news/emails-offer-insight-state-s-response-protests-tmt and again in the Tribune-Herald article published on Sunday, July 19, 2015. http://hawaiitribune-herald.com/news/local-news/tmt-attorney-had-inside-track-legal-issues







states.

Recently, the Governor indicated that he could call out the National Guard to ensure the road to the site remained open for the construction crews. In other words, he would use the National Guard to break down the blockade. I am writing to you to encourage you to reflect on a number of issues raised by the Governors threat. First of all, we are all familiar with the National Guard responding to natural disasters, civil unrest, and other crises. Their service to the community is appreciated.

At the same time, the National Guard itself must be vigilant that its services are not called upon for improper reasons, particularly not called upon to prop up the political ambitions of State officials or to further a conspiracy to violate the constitutional rights of the people. There is no natural disaster on Mauna a Wkea. There is no civil unrest on the Mountain. There is no deadline for constructing the TMT. There is litigation pending that might end up revoking the permits for TMT. There is no crisis, period. There is a very powerful citizen movement of non-violent resistance to what are considered illegal acts being committed by those participating in the TMT project, including the State officials aiding and abetting the project. The Protectors of the Mountain seek to prevent desecration of the sacred Mountain. See HRS 711-1107. They view their preventing the TMT construction workers from ascending the Mountain to be essentially citizen law enforcement in the face of official law breaking. The Protectors are not violating the law on obstruction because those they prevent from using the road are attempting to do something illegal. In the absence of action by law enforcement, the Protectors are acting to prevent the desecration. The Protectors act out of necessity. I do not write these words with the expectation that you will take a position one way or the other on the legality of what the Protectors are doing. I am more concerned that you and those under your command understand the reason behind the Protectors actions. The Protectors have no criminal intent. To the contrary, as noted above, they view themselves as enforcing the law when those responsible for enforcing the laws refuse to do so.







states.

The State did call upon the services of the Hawaii National Guard during protests in 1978 at the airport. At that time, when the Guard realized how they were being used against their own ohana, many of the Guard members were disgusted and troubled. The situation on Mauna a Wkea should cause even more discomfort. On June 24, the Protectors were not obstructing the Mauna Kea Access Road. They were only preventing a select group the TMT construction workers from going to the construction site. Astronomers, tourists, and others were not obstructed until the State convoy obstructed their access to the road. These basic facts take place in the larger context of Hawaiian history. The telescope site is land that belongs to the Kingdom of Hawaii. The Provisional Government of traitors, who overthrew the Queen, illegally seized the lands belonging to the Crown and the Government. Those stolen lands passed to the Republic of Hawaii, the Territory of Hawaii, the United States government, and to the State of Hawaii. The Department of Land and Natural Resources, the University of Hawaii, the Office of Mauna Kea Management, and TMT are simply the latest recipients and/or users of the stolen lands. The Kingdom is restored and reclaiming its rightful jurisdiction over Kingdom lands. As King, I have never been asked for permission to build the TMT. I have made clear publicly that I would not give that permission, if asked. To the contrary, I amended the Law of the Splintered Paddle to make it an obligation on Kingdom citizens to prevent the roads from being used to trespass on to Kingdom lands or to pursue desecration of a sacred site. From the perspective of the Kingdom, those preventing the TMT construction are fulfilling their civic duty and, in the absence of a fully restored law enforcement capacity on the part of the Kingdom, performing necessary law enforcement actions. I hope that this letter provides you with some context and some understanding that is helpful. Should the services of the National Guard be called upon, I would request that you deploy your members in the minimum of battle gear. You will be dealing with people committed to Kapu Aloha. There is no need for the Guard to appear as a heavily weaponized military force. To the contrary, the Guard members will recognize members of their ohana among the Protectors and know that there is no reason for any violence of any kind.







states.

If the Governor wishes to appear strong by calling out the Guard, please do not let the Guard be used for such political posturing. Your members can show up prepared to malama the people. Note: Under Article I, Section 8, Clause 15. The protectors of Mauna a Wkea are not in violation. The protest is peaceful and in the spirit of Kapu Aloha. They are in harmony with nature, the elements, each other and their surroundings. They are not insurrectionist to be suppressed or an invading army, but peaceful Hawaiians protecting what is sacred and loved by us all. I appreciate your considering my views. Should you be called out, representatives of the Kingdom Government will make themselves known to your officers at the scene. E waikhi ka pono I mnalo It is well to be united in thought that all may have peace. Ua Mau ke Ea o ka Aina i ka Pono, Edmund K. Silva, Jr. Alii Nui Mi cc: Na Kupuna Council O Hawaii Nei ame Moku Alii Manao Nui Lanny Sinkin

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150720 king's letter to adjutant general national guard

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