Monday, April 11, 2022

The Legitimate government in Hawaii Series: Corruption in Hawaii Reposted - Kamehameha Schools etc.

 

The Legitimate government in Hawaii Series:  Corruption in Hawaii Reposted - Kamehameha Schools etc.

                                       Reposted by Amelia Gora (2022)                                                                                                                              

Review CORRUPTION IN Hawaii:  http://whistleblowerwebsite.blogspot.com/2014/09/hawaii-bobby-harmon-part-1.html


OFFICE OF THE U.S. TRUSTEE
David C. Farmer, Successor Trustee
vs. Bobby N. Harmon
(Formerly Mary Lou Woo vs. Harmon and James Nicholson vs. Harmon)
CV05-00030 DAE/KSC
United States District Court, District of Hawaii
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DEFENDANT’S WITNESS
JUDGE DAVID A. EZRA
United States District Court
300 Ala Moana Blvd.
Honolulu, HI 96850
Fax: 808-541-3575
Email: theresa_lam@hid.uscourts.gov
David A. Ezra, was nominated by President Ronald Reagan in 1988. Ezra is a federal judge for the Ninth Circuit, District of Hawaii; former attorney for Bank of Hawaii; judge in the Rice vs. Cayetano case; judge in the Sukamto Sia trial; judge in the Tony Rutledge trial; judge inHawaiian Airlines vs. Joshua Gotbaum case; judge in D.C. No. CV-94-00858-DAE - KONA ENTERPRISES, INC., et al, vs. ESTATE OF BERNICE PAUAHI BISHOP, et al; judge in Harmon’s RICO lawsuit against the former Trustees of Kamehameha Schools, Nathan Aipa, Louanne Kam, William Richardson, P&C Insurance Company, Marsh & McLennan, Federal Insurance Company (Chubb Group),PricewaterhouseCoopers, et al.; and judge in the instant civil case Office of the United States Trustee vs. Harmon.
The attorney for Federal Insurance Co. in Defendant’s RICO lawsuit was Lissa Andrews, a former law clerk for Judge David Ezra. Ms. Andrews was formerly a partner at Ezra, O'Connor & Moon and Andrews & Yamamoto, LLLC, before becoming Of Counsel to Rush Moore LLP, A Limited Liability Law Partnership in 2004. Attorneys Susan Tius and Lyn Anzai are also attorneys for this law firm.
Judge David Ezra was also the judge in the high profile case of former Kamehameha Schools Trustee Lokelani Lindsey, in which she filed a “Request for Recusal of Judge David A. Ezra” U.S. District Court, District of Nevada on October 17, 2003 (CR. S-01-318 DAE/RJJ and CR. S-00-00482 HG). In her affidavit attached to the Recusal Request, she declared :
I, LOKELANI LINDSEY, hereby declare and aver under oath the following:
I am concerned about people in authority attacking me and setting me up, more so that in the past; and especially for the life, health and safety of myself, my family, my friends, my associates, and my property and their property. I hold responsible Leslie Osborne, Michael Seabright, Thomas Stevens, and Rebecca McKenzie-Young, as the insurer of my life and their life, health and safety. I do this because:
          1.       I have insider knowledge of Bishop Estate corruption and cover up of same.
          2.       I have insider knowledge of corrupt attempts to seize control over the Bishop Estate.
          3.       I have insider knowledge of further attempts to or acts of abuse of Hawaiians.
          4.       I have insider knowledge of grand jury tampering in Hawaii.
          5.       I have insider knowledge of other political and financial corruption in this state, and the targeting of people and groups related thereto.
On behalf of the Hawaii active Whistleblowers Association International, Inc., aka HAWAII, I am here to defend Hawaiians and do encourage all Hawaiians to bring their evidence of abuse and cover up to me so that I can bring that and the above to the Grand Juries here and/or elsewhere....
The abuses against Hawaiians has been and is race based, (see Rice v. Cayetano) and thus civil genocide. These abuses are on a long, continuous conspiracy to steal the birthright and heritage, assets and rights of Hawaiians. The Internal Revenue Service, State of Hawaii and the Bishop Estate are mere Guardians for their Wards, the Hawaiians. The Guardianship must be broken and the Hawaiians freed from assaults similar to those perpetrated by Nazi Germany as revealed in the post World War II Nuremberg trails. The Trust was never broken, especially NOT by me. The Guardianship over the Hawaiian Wards continues, except that now the current Trustees and quasi-trustees (Internal Revenue Service and Hawaii Attorney General) have greatly enhanced the effective stripping of assets and rights from the Hawaiians. I was a Guardian and now I am merely a Hawaiian Ward of these abusive overlords who perpetuate the race based subjugation of the Hawaiians.
Bernice Pauahi Bishop intended for the trust she established to be governed for the purpose of preserving the Hawaiians their assets and heritage in perpetuity. However, the felonies which have been and are being committed in the wholesale attacks on the Bishop Estate are for another goal. The true goal of the current overlords is to put the Bishop Estate and other Hawaiian (such as OHA) assets into the General Fund of the State of Hawaii (and related destinations), and also let the State of Hawaii and the United States just keep the assets of the Hawaiians in trust under their jurisdiction.
If I go to prison, I will have an opportunity for many prisoners to join the Foundation and me in our march to the Grand Juries here and into many states.
I was arrested to block me from taking to the Grand Jury the evidence that I and others have of serious abuses in the Bishop Estate, abuses against the Hawaiians, and especially against the Hawaiian children. Among others we are especially looking for additional alleged indicting evidence against those which include Jack Borja, Rebecca McKenzie-Young, Leslie Osborne, Mike Chun, Oswald Stender, Randall Roth, Judge David Ezra (and his being counsel for Bank of Hawaii), and Ed Case, who all have alleged long histories of such abuses. The Grand Juries are the only appropriate Court to review these and related matters.
Although claimed by such parties to be a minor matter, the recent Bishop Estate loss of about $2 billion and sale of assets to cover up the losses, will also be reviewed by Grand Juries. The matter of thefts from the Kamehameha Schools and Heritage Center of artifacts and other precious items will also be reviewed....
I have been threatened with harm to myself, my family and friends, our lives, health and property, and am very worried these threats will be further carried out, including potentially by one or more of those people named above, directly or through others. A copy of this is being sent to my Las Vegas attorney, Judge David Ezra, the two prosecutors named above, and as appropriate.
Subscribed and sworn to before me
this 30th day of July, 2003
<s> Lokelani Lindsey
Notarized by E. Emalia Keohokalole
~ ~ ~
Defendant has also filed complaints and requests for the recusal of Judge David Ezra for the same reasons as had former Trustee Lokelani Lindsey: CONFLICTS OF INTERESTS & THE APPEARANCE OF BIAS.
David Ezra was also a former attorney for Bank of Hawaii, for which my former supervisor at Kamehameha Schools/Bishop Estate, Gilbert Tam - a defendant in my RICO lawsuit and a witness in the current case - is a senior officer. Mr. Tam is also an officer for Sandwich Isles Communications, along with Kamehameha Schools’ trustee, Robert K.U. Kihune.
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NEW DISCOVERY (12-22-09): More evidence of bias and undisclosed conflicts of interest of Judge Eden Elizabeth Hifo (fka Bambi Weil) with Gov. John Waihee, Judge William S. Richardson, Judge Colleen Hirai, Judge Kevin Chang, Judge David Ezra, etc:

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August 21, 2009
Court blasts conduct at '07 trial
By Jim Dooley, Advertiser Staff Writer
A federal appeals court has sharply criticized the conduct of a federal prosecutor in a 2007 criminal trial here of a man charged with assaulting military police officers at Mokule'ia.
Gentler criticism was also leveled in the same opinion at the defense attorney and judge involved in the case.
"Everyone could have done more to protect defendant's rights at trial," said the opening sentence of the opinion, written this week by Alex Kozinski, Chief Judge of the 9th U.S. Circuit Court of Appeals.
The ruling overturned the conviction of Rex Harrison on one of two counts of assault and vacated his sentence of two years in prison, and ordered that the case be returned to U.S. District Judge David Ezra for resentencing.
But Harrison, a civilian contractor who installed secure computer networks at military bases, has already served all but three months of his two-year sentence, his current lawyer, Hawai'i Federal Public Defender Peter Wolff said.
Wolff pointed out that while the majority appellate decision written by Kozinski dismissed one of the charges against Harrison, a dissenting opinion written by Judge Edward Bybee was even more critical of the government's trial conduct and said the whole case should be overturned.
Kozinski's opinion said the prosecutor, Special Assistant U.S. Attorney Gabriel Colwell, repeatedly engaged in improper questioning of Harrison during cross examination.
"It's black letter law that a prosecutor may not ask a defendant to comment on the truthfulness of another witness ... but the prosecutors here did just that," Kozinski wrote.
And the questions were not "isolated incidents," the judge said.
"Improper questioning was an organizational theme for the prosecutor's entire cross examination," the opinion said.
Colwell, who is now in private practice in Los Angeles, declined to comment yesterday on the 9th Circuit ruling.
admission of error
U.S. Attorney Edward Kubo's office "conceded the impropriety" of the prosecutor's questions in the appeal but said Colwell and his co-counsel were "Special Assistant United States Attorneys on loan from the military," Kozinski wrote.
"That's no excuse at all," the opinion continued.
"When the United States Attorney endows lawyers with the powers of federal prosecutors, he has a responsibility to properly train and supervise them so as to avoid trampling defendants' rights," Kozinski wrote.
The judge also found fault with the defense lawyer and Ezra.
"Indeed, everyone involved could have done better," said Kozinski.
"The defense attorney should have objected as soon as he saw the prosecutors step out of line. And the respected and experienced district judge should not have tolerated this protracted exhibition of unprofessional conduct."
Defense lawyers Victor Bakke and Dean Hoe, who represented Harrison during the trial, could not be reached for comment yesterday.
ezra: no comment
Ezra declined comment.
The majority opinion upheld Harrison's conviction on the more serious felony charge of assault and reversed his conviction on a misdemeanor assault count because of what it termed "plain error" in Ezra's instructions to the jury.
That ruling was based in part on another 9th Circuit decision which was issued after the Harrison trial concluded.
"This partial affirmance does not condone what happened at trial," Kozinski wrote.
"Rather, this mixed result suggests only that trials can sometimes serve justice despite strenuous efforts to the contrary," Kozinski concluded.
In his dissenting opinion, Bybee said the "outrageous behavior of the lead prosecutor" in the case was "so extensive that summarizing it all is no easy task."
"We do not permit attorneys to support or undermine witnesses by either vouching for their veracity ("Brutus is an honorable man") or branding them unreliable ("All Cretans are liars")," Bybee said.
The prosecutor's improper questions tainted the jury's ability to impartially judge the credibility of the prosecution witnesses who testified against Harrison, Bybee said.
Some of the questions were "designed to depict Harrison as an absurd, paranoid individual by forcing him repeatedly to accuse other witnesses of lying," Bybee wrote.
Wolff said he may ask that all 29 members of the 9th Circuit Court of Appeals review the case as a group "in light of the strong dissent of Judge Bybee."
Because of the conviction, Wolff said, Harrison has lost the security clearance he needs to perform his work duties on military installations....

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JUDGE DAVID A. EZRA PHOTO GALLERY
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NEW DISCOVERIES (05-12-09): More factual evidence of undisclosed conflicts of interest between Judge David A. Ezra and other parties in this case:
Zoominfo Profile for Judge David A. Ezra
* * *
Zoominfo Profile for Bobby N. Harmon, CPCU
~ ~ ~
NEW DISCOVERY (04-01-09): More undisclosed conflicts of interests between Judges David Ezra, Kevin Chang, Eden Elizabeth Hifo,Barry Kurren and Nathan Aipa, Henry Peters, etc.:
CV05-00030 - U.S. Department of Justice, Office of the U.S. Trustee, David C. Farmer, Trustee vs. Bobby N. Harmon-Exhibit: "Ex-trustee Peters sues trust's former counsel" & Witnesses: Henry Peters, Nathan Aipa, etc.
Wednesday, April 1, 2009 2:58 PM
From:
Bobby N. Harmon
To:
"Barack H. Obama" <info@barackobama.com>, "Eric Holder" <AskDOJ@usdoj.gov>, "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>, "David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Barry M. Kurren" <tammy_kimura@hid.uscourts.gov>, "Securities & Exchange Commission Enforcement Division" <enforcement@sec.gov>, "U.S. Treasury Dept. Office of Inspector General" <hotline@oig.treas.gov>, "Office of Inspector General US Dept of Justice" <oig.hotline@usdoj.gov>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Robert Faris" <hib@hib.uscourts.gov>, "Anthony Romero" <Executive_director@aclu.org>, "ACLU of Kentucky" <info@aclu-ky.org>, "Electronic Freedom Foundation" <information@eff.org>, "Public Citizen" <publiccitizen@mail.democracyinaction.org>, "Thomas Fitton" <info@judicialwatch.org>, "SEC Office of The Inspector General" <oig@sec.gov>
Cc:
"ACLU Hawaii" <office@acluhawaii.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arthur Rath" <imua@spamarrest.com>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <mcp@mediatehawaii.org>, "David Shapiro" <volcanicash@gmail.com>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "Dorothy Sellers" <hawaiiag@hawaii.gov>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "John Goemans" <wip@kamuela.com>, "Judge Lloyd King" <hib@hib.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <jurisnot2@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "Kenneth Hipp" <khipp@marrhipp.com>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Margery Bronster" <info@bchlaw.net>, "Marsh Affinity Group" <prosecure@marshpm.com>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Michelle Tucker" <michelle@sterlingandtucker.com>, "Nathan Aipa" <nathan@pitluck.com>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Office of the U.S. Trustee District of Hawaii" <ustp.region15@usdoj.goV>, "Paul Alston" <palston@ahfi.com>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "Susan Tius" <STius@rmhawaii.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Don Michak" <dmichak@journalinquirer.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Mark Burch" <burch@hawaii.edu>, "Laura Thielen" <dlnr@hawaii.gov>, "Vaughn & Lynda Robinson" <ronpaulslcutah@yahoo.com>, "Rebecca Christie" <rchristie4@bloomberg.net>, "Catbird" <the-catbird@hotmail.com>, "James Duca" <jduca@kdubm.com>, "Ian Lind" <diary@ilind.net>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "Elisa Yadao" <Ka_Hana@notes.k12.hi.us>, "Jack Cashill" <JCashill@aol.com>, "Marshall Chriswell" <mc@whistleblowers.org>, "Tom Flocco" <tom2@tomflocco.com>, "Eric Shine" <civilrights911@socal.rr.com>, "Laser Haas" <laserhaas@msn.com>, "Lucy Komisar" <lkomisar@msn.com>, "Democrats.com" <activist@democrats.com>, "Debra Sweet" <debrasweet@worldcantwait.org>, "Jane Kirtley" <kirt001@umn.edu>, "V K Durham" <vkdtdht@pionet.net>, "John Jubinsky" <Jube@tghawaii.com>, "Yamil Berard" <yberard@star-telegram.com>, "Ian McDonald" <ian.mcdonald@wsj.com>, "Michael Moore" <bailout@michaelmoore.com>
Posted on: Friday, July 25, 2003
Ex-trustee Peters sues trust's former counsel
By Curtis Lum, Advertiser Staff Writer
Former Bishop Estate trustee Henry Peters has filed a lawsuit against former Kamehameha Schools/Bishop Estate general counsel Nathan Aipa, charging that Aipa violated attorney-client confidentiality.
The lawsuit was filed yesterday in state Circuit Court by attorney Eric Seitz on behalf of Peters. It named Aipa as a defendant, but did not include KSBE, now known as Kamehameha Schools.
Peters is seeking an undisclosed amount in damages. Aipa could not be reached for comment.
Peters was a trustee of the Bishop Estate from 1984 until he resigned in December 1999 amidst allegations that he and the other trustees mismanaged the billion-dollar trust and abused their power. Aipa served as chief counsel of KSBE from 1985 to 2001 and is now in private practice.
In the lawsuit, Peters said he met regularly with Aipa and provided information to the counsel pertaining to Peters' role as a trustee. Peters "reasonably expected and relied upon the confidentiality of his communications with Aipa," the lawsuit stated.
But Peters' lawsuit said that beginning in 1998, Aipa "repeatedly" disclosed the confidential information to "various parties and entities." Aipa also repeated confidential information at grand jury proceedings, the lawsuit said.
Peters said Aipa did not seek or receive any waiver of the attorney-client privilege.
As a result of Aipa's actions, the suit said, Peters suffered "severe and continuing damage" to his reputation and a loss of income.
# # #
References:
April 1, 2009
Due to the new discovery of material facts in this case, I am adding the subject Exhibit which provides evidence of breach of confidentiality and attorney-client priviledge in this case as well as in the Peters vs. Aipa case described in this news article. The financial, professional, political and personal relationships between these two individuals (as shown in their witness descriptions), also provides factual evidence ofundisclosed conflicts of interest among various entities involved in this lawsuit, including many, if not all, of the judges involved.
In view of all the facts that I have presented in this and hundreds of other Exhibits and witness descriptions, it is beyond comprehension that Judges Eden Hifo (fka Bambi Weil), Kevin Chang, David Ezra, Barry Kurren, Lloyd King, and Robert Faris, and Trustees Mary Lou Woo,James Nicholson, and David C. Farmer; the American Arbitration Association arbitrator Judith Neustadter Fuqua, and attorney Steven Guttman can still claim that they were non-conflicted, impartial, and unbiased in this case.
In spite of all this factual evidence, however, I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.
If you still are NOT willing to attempt to negotiate or mediate a settlement, then I ask that you do your required review this new Exhibit and advise me if you find it contains any so-called "protected subject matter", and whether or not you intend to OBJECT to my filing a Motion to reopen this case.
Mr. Farmer, I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "protected subject matter" in these updated pages, and that you will NOT file any objections to my Motion.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
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NEW DISCOVERY (03/30/09): Undisclosed conflicts of interest between Attorney General Alberto Gonzales, the United States Department of Justice, Office of the U.S. Trustee, Curtis Ching, Carol Muranaka, Guido Giacometti, Susan Tius, Sukamto Sia, Bank of Honolulu, Diane Plotts, Bob Awana, Linda Lingle, Citigroup, Robert Rubin, Bill Clinton, John Waihee, Ben Cayetano, Goldman Sachs, Colbert Matsumoto,Henry Peters, Matsuo Takabuki, Richard Wong, Jeff Stone, Oswald Stender, Gerard Jervis, Lokelani Lindsey, Nathan Aipa, Colleen Wong,Louanne Kam, John Candon, Clifford Laughton, Timothy Johns, Bishop Museum, Nainoa Thompson, Mark Polivka, Judge Eden Elizabeth Hifo (fka Bambi Weil), Judge Lloyd King, Judge Robert Faris, Judge David A. Ezra, Judge Barry Kurren, Mary Lou Woo, James B. Nicholson, David C. Farmer, Steven Guttman, etc.:
Executive Centre
units auctioned
for $4 mil
Ownership of the properties
could change during
another round of bids
By Peter Wagner, Star-Bulletin
A Nevada investor has outbid Citibank on 32 residential and two commercial units at Executive Centre, the downtown high rise that once belonged to Indonesian investor Sukamto Sia.
But with court confirmation and another round of bids possibly ahead, ownership of the property is yet to be determined.
Clifford Laughton, president of the Reno-based Nevada Holdings Ltd. and chief executive at Honolulu-based satellite companyColumbia Communications Corp., yesterday made the winning bid of $4,000,100.
Laughton's bid topped a $4 million offer by Citibank N.A., the only other bidder at a foreclosure auction at the state courthouse yesterday.
The leasehold properties include 31 residential units, a penthouse, two commercial spaces occupied by Sprint Hawaii and Fujikami Florist and 65 parking stalls.
The heavily mortgaged 41-story building, at 1088 Bishop Street also includes a 120-room Aston hotel, retail outlets including Long's Drugs and Ross Dress For Less and nearly 300 residential units.
The entire property was appraised last year at $39.5 million.
Citibank, the major creditor in a foreclosure action against one of Sia's company's, MKS Executive Partners, took possession last month of most of the 41-story building in a complex bankruptcy deal in which Sia's estate will receive about $500,000.
Citibank affiliate EXCT L.P. took ownership of about 400 units on July 28.
Sia, currently in Chapter 7 bankruptcy liquidation, originally filed for Chapter 11 bankruptcy reorganization in November 1998.
While Citibank yesterday allowed itself to be outbid by $100, the sale is far from over. Under rules of the foreclosure, new bids may be entertained at confirmation but must be at least 5 percent above the auction price.
Foreclosure commissioner John Candon said at least three parties who were silent during yesterday's auction have asked when the confirmation hearing would be. No date has been set.
Laughton yesterday said he would likely honor existing leases at Executive Centre if he remains the high bidder. He said the units are a good investment because of depressed property values and a strong rental market in the downtown area.
While Executive Centre was once a key holding of Sia in Honolulu, the bankruptcy trustee was unable to liquidate the property for creditors because Sia held no equity in it.
His ownership in the building was through MKS Executive Partners, one of his numerous companies.
The 40-year-old businessman owes nearly $300 million to casinos, banks and creditors around the world.
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NEW DISCOVERY (12-05-08):
Judson ON THE RECORD - VERY IMPORTANT!! New Member, Sheldon, is Pres. of YAL @ Idaho State, seeking Utah YAL...& member Judson Witham has filed the Utah lawsuit against Obama!
Friday, December 5, 2008 5:48 PM
From: "Jud Witham" <jurisnot2@yahoo.com>
To: ronpaul-16-announce@meetup.com, "Vaughn & Lynda Robison" <ronpaulslcutah@yahoo.com>
Cc: sam@audiocanyon.com, letters@news-jrnl.com, stewwebb@sierranv.net, stich@unfriendlyskies.com, bobby_n_harmon@yahoo.com, blumberg@cyberport.net, Specialops@huffingtonpost.com, hwburgess@hawaii.rr.com, Ken_Conklin@yahoo.com, info@votevets.org, Hapa1234@aol.com, "MadMax@RoadWarriorRadio.com, Curt Crosby" <curtcrosby@gmail.com>, richardhayesphillips@yahoo.com, johnstadtmiller@hotmail.com, jack@cybrquest.com, stangfeedback@gmail.com, wmreditor@waynemadsenreport.com, jamesedwards@thepoliticalcesspool.org
BYU LAW LIBRARY after sending and receiving FAXES for me for YEARS, suspended my use of the FAX services et al AS Channel 5 Salt Lake called them asking about me ?? YUP BYU retaliated because ?????
My position is to UPHOLD the LAW to see to it that QUALIFIED CITIZENS are our representatives and IF NOT, well, you do the math. My filing speaks for itself.
I am NOT the least RACIST and ACTUALLY I understand Freedom and Liberty is NOT the sole property of ANY party, group or....LIBERAL after all should always be HOW Liberty Is Observed !!! Liberally HELLO !!!!
Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.
I did provide Barrack Obama's Counsel with the following:
§4. Citizenship. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii.
And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii.
This section was supplemented by the Act of July 2, 1932, 47 Stat 571, amended by the Act of July 1, 1940, 54 Stat 707, providing that for purposes of Act of Sept. 22, 1922, 46 Stat 1511, women born in Hawaii prior to June 14, 1900 deemed U.S. citizens at birth. But Act of Sept. 22, 1922 was repealed by Act of Oct. 14, 1940, 54 Stat 1137, which in turn was repealed by Act of June 27, 1952, 66 Stat 166 (McCarran-Walter Act), and the present provisions are contained in 8 U.S.C.A. 1435(a).
Under Art. 17, §1, of the Const. of 1894 (adapted from the 14th Am. of the U.S. Const.) all persons born or naturalized in the Hawaiian Islands and subject to the jurisdiction of the Republic of Hawaii were citizens thereof. Between 1842 and 1892, 731 Chinese and three Japanese were naturalized in Hawaii; since 1892, none. Birth certificates by the Territory of Hawaii are not controlling, and persons applying for admission to the United States with such certificates may be detained by immigration officers for the purpose of determining citizenship, 35 Ops. 69. The secretary of Hawaii may issue to persons born in Hawaii certificates of Hawaiian birth, which are prima facie evidence: HRS §§338-41 to 44, see also former law: L. 1905, c. 64; am. L. 1907, c. 79; rep. L. 1909, c. 15; R.L. 1915, p. 1487; R.L. 1925, c. 21; R.L. 1935, c. 247. A person born in the Kingdom of Hawaii of British parents domiciled there was held to be a citizen of the Republic of Hawaii although he was registered at birth at the British consulate and had never renounced allegiance to the British crown nor sworn allegiance to the Hawaiian government: 11 H. 166. On citizenship of persons born in the United States of alien parents, see 169 U.S. 649. Mere residence in foreign state after majority does not expatriate, 31 F.2d 738. But son of naturalized Hawaiian citizen became expatriated through residence in foreign country of birth. 89 F.2d 489, cert. den. 301 U.S. 682, reh'g den. 301 U.S. 713. Naturalization as Hawaiian citizen did not occur under Const. of 1894 by issuance of certificate of Minister of Interior where allegiance to native land not renounced and court order not obtained. 117 F.2d 588, reh'g den. 120 F.2d 760, aff'd by divided court, 315 U.S. 783.
Chinese who were Hawaiian citizens on Aug. 12, 1898, by either birth or naturalization, whether under the monarchy or the republic, became American citizens under this §: 23 Ops. 509; 1 U.S.D.C. Haw. 118; and their wives and children were thereafter entitled to enter the Territory; 23 Ops. 345; and such a citizen could take oath that he was such, and obtain an American register for a vessel which had a Hawaiian register on that date and was then owned and continued to be owned by a Hawaiian citizen until purchased by such Chinese; 23 Ops. 352. Son of Chinese, naturalized Hawaiian citizen, born in China in 1894 and remaining there through minority, did not become citizen and not entitled to enter U.S. 69 F.2d 681. Chinese held for deportation may set up American citizenship in habeas corpus or deportation proceedings, but the burden is on them to prove such citizenship: 1 U.S.D.C. Haw. 6; 1 U.S.D.C. Haw. 44; 1 U.S.D.C. Haw. 104; 1 U.S.D.C. Haw. 113; 1 U.S.D.C. Haw. 234; 270 Fed. 57.
Habeas corpus lies to protect immigrant's right to have question of citizenship determined; 160 Fed. 842, affirming 3 U.S.D.C. Haw. 168. See also §§100 and 101, and notes thereto; also note to Joint Resolution of Annexation, RLH 1955, page 13.
Woman of Chinese ancestry, born in Hawaii in 1894 but married to Chinese alien in 1910, could not be naturalized under the Acts cited in first paragraph of this note as they stood prior to 1940 amendment, because of her nonresidence on July 2, 1932, 88 F.2d 88.
For decisions generally on immigration and citizens see notes to §§100 and 101, and note to RLH 1955, §57-43; also, presumptions: arising from findings of Board of inquiry or certificate of identity, 29 F.2d 500; 30 F.2d 516; 49 F.2d 19 and 24; may be rebutted, 30 F.2d 65; lack of, prima facie supports right to deport, 36 F.2d 563; fraud must be alleged in complaint, 63 F.2d 375 and 377. Delay for depositions may be a matter of right, 33 F.2d 236. Proof of Chinese descent shifts burden of proof: 104 F.2d 21, 111 F.2d 707. Finding of citizenship on previous entry not binding: 124 F.2d 21; but see 188 F.2d 975.
Under the treaty with Spain and Acts of Congress, a Puerto Rican, residing in Puerto Rico on April 11, 1899, and a year thereafter, who did not declare his decision to preserve his allegiance to Spain, did not lose his political status by removing to Hawaii in 1901, but became a citizen of the United States under a subsequent Act of Congress and hence entitled to vote in Hawaii: 24 H. 21.
Although §8(a)(1) of the Act of March 24, 1934, c 84, 48 Stat 456, 462, provides that Filipinos shall be placed on the quota basis as aliens, it is specifically made inapplicable to Hawaii and immigration is determined by the Interior Dept. on basis of industrial needs.
Referred to in 13 H. 21, 556; 162 Fed. 470.
Filipino national in Hawaii became alien by proclamation of Philippine Independence, 183 F.2d 795.
* * * * * * *
--- On Fri, 12/5/08, Vaughn & Lynda Robison <ronpaulslcutah@yahoo.com> wrote:
From: Vaughn & Lynda Robison <ronpaulslcutah@yahoo.com>

Subject: [ronpaul-16] VERY IMPORTANT!! New Member, Sheldon, is Pres. of YAL @ Idaho State, seeking Utah YAL...& member Judson Witham has filed the Utah lawsuit against Obama!!
Date: Friday, December 5, 2008, 3:54 PM
1. Sheldon Kreger is Pres. of the Idaho State Univ. Young Americans for Liberty (YAL). He says Univ of Utah/BYU have not got a YAL organized and wants to help Utah get them started and coordinate between Utah and Idaho YAL groups. Dave used to be President of theUniv of Utah Students for Ron Paul, and organized a rally downtown for all of us on Oct. 13, 2007 (still on our calendar of past events). And David Garber & Ken were with the BYU Students for Ron Paul. We passed these names on to Sheldon. Click on his name and send him an email if you have any new details to add for helping him contact people interested in organizing YAL groups in Utah.
2. Judson Witham -- over 30 lawsuits against Obama nationwide regarding his lack of citizenship to be running for President -- the Internet listed that Utah had a lawsuit, also, and after more digging, we found that the person filing the lawsuit against Obama in Utah was our very own member Jud Witham!! How COOL is that!!!! Jud, do you need any help and/or support on this lawsuit? Thank YOU for taking a stand against those attempting to steal the US Constitution!!
(Anybody who wants to help Jud with this lawsuit, feel free to contact him. Likewise, anybody who is able to help Mike Ridgeway finish paying off his lawyer for a very successful lawsuit against the Utah GOP leaders who did their malicious scam on him---the judge declared Mike innocent last July---please feel free to contact him, also ---- Ron Paul has asked all of us to clean house with the local party first, and Mike, et.al, has been doing that for 10 years on their own--we encourage all meetup members to join with Mike Ridgeway and the others who are ashamed and disgusted at the party's corruptness in our state that must be replaced with "good, honest, and wise" leaders before we can ever get liberty-minded candidates with integrity elected here in Utah!)
Back to Jud>>>
HAVING UTAH INCLUDED IN THE OBAMA LAWSUITS AGAINST HIS FRAUDULENT CLAIM OF BEING A LEGAL CITIZEN IS AWESOME!!
Watch reports on this from Devvy Kidd at WND (World Net Daily). She's contacted the FBI to do a check on campaign funds fraud by Obama, she's talking and reporting about all 30 lawsuits (which include 2 more at the US Supreme Court level by a Democrat named Berg and another lawsuit by the presidential candidate Alan Keyes!!--the rest all seem to be lawsuits that are against their state's Secretary of State, demanding answers for Obama's proof of citizenship), and she's contacting the Electoral College about not voting until this is settled.
Allegedly, the Hawaii governor swore under oath 2 months ago that Hawaii does NOT have any birth certificate, and that the governor has allegedly sworn under oath that Obama was born in Kenya. This is a direct attack on the US Constitution, nothing to do with race.
It is to take down the last of the US Constitution, which is to take down the Electoral College (having the US public manipulated into demanding the "people's vote" is more important than the Electoral College vote, and to throw away the US Constitution or have it "re-written"---not realizing the "people's vote" is a rigged election), and to also take down the "natural born citizen" requirement.
Obama has hired THREE LAW FIRMS, not 3 lawyers, but 3 law firms, to handle this first lawsuit by Leo-Somebody at the US Supreme Court. There's been monkey-business with clerks stalling all of the 30 lawsuits, with the excuse that it was "not filed correctly." Leo's lawsuit was stalled by the clerk having an anthrax search on the papers/envelope he'd had filed with them.
They're stalling big time. Stalling until after the Dec. 15 Electoral College vote. Stalling until after he gets into office on January 20th.
And mainstream media had a complete blackout on this story until today (Friday, 12-5-08) when the Chicago Tribune ran the story, with the L.A. times picking up on it, and now many major papers nationwide, including "Drudge" on the Internet, are finally running this story (that started last June or before). But none of the Salt Lake papers are running any of it yet. Why is that, when we're a "red state" and allegedly all voted for McCain?
The question has already been posed as to what to do if Obama is declared unable to take the presidential office because "the US Constitution doesn't tell us what to do." Well, yes it did. It said a "natural born citizen." When you break a rule, you go back to the beginning. You don't use the broken rule as an excuse to change the rules.
Yeah, that probably means another election. We say have lawsuits filed against McCain, again (they got dismissed earlier), to undo Congress' "resolution" that stated that his illegal immigrant status was ok with them, and then have all the rest of the candidates put back on the ballot who got left off even though they were only suspending their campaign, including Ron Paul.
Don't know if that means Pelosi would be the temporary prez after January 20 until a new election is handled or not. Don't know what options are out there that are legal for this. But the "Establishment" having 2 illegals running for president at all, is beyond a reasonable doubt that this was an "accident."
--This message was sent by Vaughn & Lynda Robison (ronpaulslcutah@yahoo.com) from Utah Campaign for Liberty.
To learn more about Vaughn & Lynda Robison, visit his/her member profile
~ ~ ~
NEW DISCOVERY (11-24-08): New Exhibit: “EQ 2048 - Deposition of Lokelani Lindsey taken on November 4 & 9, 1999". This document provides clear evidence that J. Douglas Ing had multiple conflicts-of-interest in this case and, since he was not a named Defendant in my RICO lawsuit against the former Trustees, he was not a legitimate signatory to the Settlement Agreement: Furthermore, since the Settlement Agreement was NOT SIGNED by any of the five Trustees actually named as Defendants, the Settlement Agreement was not legal or valid. (See Exhibit A)
~ ~ ~
NEW DISCOVERY (09-20-08): “Prior Restraint” of free speech is unconstitutional and, in this case, was outside Judge David Ezra’sjurisdiction:
RE: CV05-00030 - David Farmer vs. Harmon - Exhibit: "The Freedom To Sing"
and Witnesses: Michael Mukasey and Alberto Gonzales
Saturday, September 20, 2008 2:00 AM
From: "Bobby Harmon"
To: "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>
Cc: "Michael Mukasey <AskDOJ@usdoj.gov> ACLU Hawaii" <office@acluhawaii.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Andrew Winer" <winer@pacificlaw.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arnold T. Phillips" <arnold.t.phillips@verizon.com>, "Arthur Rath" <imua@spamarrest.com>, "Barry M. Kurren" <richlyn_young@hid.uscourts.gov>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Blossom Tong" <blossom.d.tong@marsh.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <mcp@mediatehawaii.org>, "Colbert Matsumoto" <service@islandinsurance.com>, "Craig Watanabe" <captiveins@dcca.hawaii.gov>, "Dane Field" <danefl@gucl.com>, "Dave Shapiro" <volcanicash@gmail.com>, "David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "Dorothy Sellers" <hawaiiag@hawaii.gov>, "Exececutive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Duca" <jduca@kdubm.com>, "James Paul" <jpaul@pjpn.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "John Goemans" <wip@kamuela.com>, "Judge Lloyd King" <hib@hib.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <jurisnot2@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "Kenneth Hipp" <khipp@marrhipp.com>, "Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Margery Bronster" <info@bchlaw.net>, "Marsh Affinity Group" <prosecure@marshpm.com>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Michelle Tucker" <michelle@sterlingandtucker.com>, "Nathan Aipa" <nathan@pitluck.com>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Office of the U.S. Trustee District of Hawaii" <ustp.region15@usdoj.goV>, "Paul Alston" <palston@ahfi.com>, "Peter Carlisle" <emeguro@co.honolulu.hi.us>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robert F. Miller" <info@robertfmiller.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "Susan Tius" <STius@rmhawaii.com>, "V K Durham" <vkdtdht@pionet.net>, "Valerie U. Katz" <clmrpt@islandinsurance.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Don Michak" <dmichak@journalinquirer.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Mark Burch" <burch@hawaii.edu>, "Laura Thielen" <dlnr@hawaii.gov>, "Michael Moore" <MMFlint@aol.com>, "John D Zalewski" <jzalewski@caselombardi.com>, "Robert M. Kohn" <rkohn@polhawaii.com>, "Haunani Apoliona" <info@oha.org>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "CPCU Society Hawaii Chapter" <kkanehiro@gmail.com>, "Hawaii Independent Insurance Agents Assoc." <hiia@hawaii.rr.com>, "Hawaii Insurance Bureau Inc" <dpeters@hibinc.com>, "Hawaii Insurers Council" <apowershawaii@yahoo.com>, "Reporters Committee for Freedom of the Press" <rcfp@rcfp.org>, "CND 48 Hours" <48Hours@CBSnews.com>, "American Bar Association" <dispute@abanet.org>, "Electronic Frontier Foundation" <information@eff.org>, "First Amendment Center" <info@fac.org>, "Council for the National Interest Foundation" <cnif@democracyinaction.org>, "Free to Know-Hawaii" <freetoknowhawaii@yahoo.com>, "ImpeachBush.org" <impeachbush@votetoimpeach.org>, "Wayne Madsen" <wmreditor@waynemadsenreport.com>, "National Whistleblower Center" <mc@whistleblowers.org>, "Editor New York Times" <managing-editor@nytimes.com>, "Greg Palast" <palast@gregpalast.com>, "Pension Benefit Guaranty Association" <participant.pro@pbgc.gov>, "Public Citizen" <publiccitizen@mail.democracyinaction.org>... more
Dear Mr. Farmer, Mr. Guttman, Ms. Muranaka & All Concerned:
Due to the discovery of NEW FACTS, I am updating the subject Exhibit and the witness information for U.S. Attorneys General Michael Mukasey and Alberto Gonzales, which you will find attached and on-line at:
As Judge David Ezra's Final Judgment constitutes a PRIOR RESTRAINT of my freedom of speech -- and that of all others who published their opinions in The Catbird Seat website, I regret that I must continue to submit each of these new and updated exhibits and witness descriptions for your review and approval in the event they may contain any prohibited "Protected Subject Matter". If you would like to avoid this approval process, then I would again suggest that we attempt a good-faith settlement of this case through confidential negotiation or mediation.
Your prompt reply will be appreciated.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
Related internet references:
~ ~ ~
The First Amendment Handbook
Prior Restraints
A prior restraint is an official restriction of speech prior to publication. Prior restraints are viewed by the U.S. Supreme Court as "the most serious and the least tolerable infringement on First Amendment rights." Since 1931, the Court repeatedly has found that such attempts to censor the media are presumed unconstitutional.
In the 1976 landmark case Nebraska Press Association v. Stuart, the Court addressed the constitutionality of an order prohibiting the media from publishing or broadcasting certain information about Erwin Charles Simants, who was accused of murdering the Henry Kellie family in a small town in Nebraska. This case pitted the First Amendment rights of a free press against the defendant's Sixth Amendment right to a fair trial.
To ensure that Simants received a fair trial, the Nebraska Supreme Court modified the district court's order to prohibit reporting of confessions or admissions made by Simants or facts "strongly implicative" of Simants.
On appeal, the U.S. Supreme Court struck down the prior restraint order. The Court emphasized that the use of prior restraint is an "immediate and irreversible sanction" that greatly restricts the First Amendment rights of the press. "If it can be said that a threat of criminal or civil sanctions after publication `chills' speech, prior restraint `freezes' it at least for the time," Chief Justice Warren Burger wrote for the Court.
To determine whether the prior restraint order was justified, the Court applied a form of the "clear and present danger" test, examining whether "the gravity of the `evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger."
In applying this test, the Court articulated a three-part analytical framework, which imposed a heavy burden on the party seeking to restrain the press. First, the Court examined "the nature and extent of the pretrial news coverage." Second, the Court considered whether other less restrictive measures would have alleviated the effects of pretrial publicity. Finally, the Court considered the effectiveness of a restraining order in preventing the threatened danger.
The Court found that the trial judge reasonably concluded that the "intense and pervasive pretrial publicity" in the Simants case "might reasonably impair the defendant's right to a fair trial." However, the trial judge did not consider whether other measures short of a prior restraint order would protect the defendant's rights. The trial judge should have considered changing the location of the trial, postponing the trial, intensifying screening of prospective jurors, providing emphatic and clear instructions to jurors about judging the case only on the evidence presented in the courtroom or sequestering the jury.
The Court also found that the effectiveness of the trial judge's prior restraint order to protect Simants' right to a fair trial was questionable. Because the prior restraint order is limited to the court's territorial jurisdiction, it could not effectively restrain national publications as opposed to publications within the court's jurisdiction.
Moreover, it is difficult for trial judges to draft effective prior restraint orders when it is hard "to predict what information will in fact undermine the impartiality of jurors."...
Because the "barriers to prior restraint remain high and the presumption against its use continues intact," prior restraint orders are rarely upheld. As a result, editorial decisions about publication of information the government deems sensitive are generally left solely to the discretion of news organizations. Nevertheless, government officials and private individuals occasionally attempt to stop publication....
The Reporters Committee for Freedom of the Press
© 2003 RCFP. 1815 N. Fort Myer Dr., Suite 900, Arlington VA 22209 (703) 807-2100
~ ~ ~
NEW DISCOVERY (09-19-08): More undisclosed conflicts of interests between parties named in Defendant’s RICO lawsuit and the U.S. Department of Justice (Plaintiff), Alberto Gonzanes, Mark Bennett, Hugh Jones, Dorothy Sellers, Margery Bronster, Earl Anzai, Lyn Anzai,Henry Paulson, Robin Campaniano, AIG, Chubb Group, ACE, Aon, Marsh & McLennan, Goldman Sachs, Henry Peters, Robert Kihune,Bank of Hawaii, Gilbert Tam, Diane Plotts, Sukamto Sia, Constance Lau, Hawaiian Electric Company, Douglas Ing, Louise Ing, Aloha Airlines, Hawaiian Airlines, Joshua Gotbaum, Judge Elizabeth Eden Hifo (fka Bambi Weil), Judge Kevin Chang, Faye Watanabe Kurren,The Nature Conservancy, Judge Barry Kurren, Judge David Ezra, James Nicholson, Linda Lingle, Ben Cayetano, John Waihee, Ron Rewald, OHA, AIPAC, Jack Abramoff, David Farmer, Steven Guttman, etc:
CV05-00030 - David Farmer vs. Harmon -
Exhibit: "AIG: Buzz Yahoo story"
Friday, September 19, 2008 12:53 AM
From: "Bobby Harmon" <bobby_n_harmon@yahoo.com>iew contact details
To: "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>
Cc: "Michael Mukasey <AskDOJ@usdoj.gov> ACLU Hawaii" <office@acluhawaii.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Andrew Winer" <winer@pacificlaw.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arnold T. Phillips" <arnold.t.phillips@verizon.com>, "Arthur Rath" <imua@spamarrest.com>, "Barry M. Kurren" <richlyn_young@hid.uscourts.gov>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Blossom Tong" <blossom.d.tong@marsh.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Brian E. Schatz" <teamschatz@gmail.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <mcp@mediatehawaii.org>, "Colbert Matsumoto" <service@islandinsurance.com>, "Craig Watanabe" <captiveins@dcca.hawaii.gov>, "Curtis B. Ching" <Curtis.B.Ching@usdoj.gov>, "Dane Field" <danefl@gucl.com>, "Dave Shapiro" <volcanicash@gmail.com>, "David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "Dorothy Sellers" <hawaiiag@hawaii.gov>, "Excecutive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Duca" <jduca@kdubm.com>, "James Paul" <jpaul@pjpn.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "John Goemans" <wip@kamuela.com>, "Judge Lloyd King" <hib@hib.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <jurisnot@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "Kenneth Hipp" <khipp@marrhipp.com>, "Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Louise Ing" <ling@hsba.org>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Margery Bronster" <info@bchlaw.net>, "Marsh Affinity Group" <prosecure@marshpm.com>, "Matt Tsukazaki" <mat@torkildson.com>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Michelle Tucker" <michelle@sterlingandtucker.com>, "Na Kumu Book Project" <nakumu@ksbe.edu>, "Nathan Aipa" <nathan@pitluck.com>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Office of the U.S. Trustee District of Hawaii" <ustp.region15@usdoj.goV>, "Paul Alston" <palston@ahfi.com>, "Peter Carlisle" <emeguro@co.honolulu.hi.us>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robert F. Miller" <info@robertfmiller.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "Susan Tius" <STius@rmhawaii.com>, "V K Durham" <vkdtdht@pionet.net>, "Valerie U. Katz" <clmrpt@islandinsurance.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Don Michak" <dmichak@journalinquirer.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Mark Burch" <burch@hawaii.edu>, "Laura Thielen" <dlnr@hawaii.gov>, "Michael Moore" <MMFlint@aol.com>, "John D Zalewski" <jzalewski@caselombardi.com>, "Robert M. Kohn" <rkohn@polhawaii.com>, "Haunani Apoliona" <info@oha.org>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "DC Bureau Office of Hawaiian Affairs" <mathar@oha.org>, "CPCU Society Hawaii Chapter" <kkanehiro@gmail.com>, "Hawaii Independent Insurance Agents Assoc." <hiia@hawaii.rr.com>, "Hawaii Insurance Bureau Inc" <dpeters@hibinc.com>, "Hawaii Insurers Council" <apowershawaii@yahoo.com>, "Manuel Valenzuela" <manuel@valenzuelas.net>... more
Dear Mr. Farmer, Mr. Guttman, Ms. Muranaka & All Concerned:
Due to the discovery of NEW FACTS, I am adding the subject Exhibit which you will find on-line at:
As Judge David Ezra's Order constitutes a PRIOR RESTRAINT of freedom of speech, I regret that I must continue to submit each of these new and updated exhibits and witness descriptions for your review and approval in the event they may contain any prohibited "Protected Subject Matter". If you would like to avoid this approval process, then I would again suggest that we attempt a good-faith settlement of this case through confidential negotiation or mediation.
Your prompt reply will be appreciated.
Very truly yours,
Bobby N. Harmon, CPCU, ARM
~ ~ ~
NEW DISCOVERY (07-29-08): Judge David Ezra’s undisclosed conflicts of interests with Kamehameha Schools/Bishop Estate, etc., through his serving as the judge in D.C. No. CV-94-000858-DAE - KONA ENTERPRISES, INC. et al, Plaintiff vs. ESTATE OF BERNICE PAUAHI BISHOP, by and through its trustees, Henry H. Peters, Myron B. Thompson, Oswald K.Stender, Richard S.H. Wong, and Lokelani Lindsey; MATSUO TAKABUKI; WILLIAM S. RICHARDSON, individually; MYRON B. THOMPSON, individually; HENRY H. PETERS, individually; HANFORD’S INC.; NATIONWIDE ENTERPRISES, INC.; MONTROSE NATIONWIDE LIMITED PARTNERSHIP; SNAP PRODUCTS, INC.; HANFORD’S CREATIONS, INC., and JOHN DOES 1-10, Defendants:
~ ~ ~
NEW DISCOVERY (07-10-08): Undisclosed professional and financial conflicts of interest of Trustee David C. Farmer withCerberus International; Kamehameha Schools; Goldman Sachs; Blackstone Group; David Banmiller, Judge Robert Faris, Judge David Ezra, etc., through his legal representation of Aloha Airlines:
December 4, 2005
Quiet firm rules
Waikiki gems
By Rick Daysog, Advertiser Staff Writer
Few people in Hawai'i have ever heard of Cerberus Capital Management LP, yet in the past year, the New York-based hedge fund has become a top hotel owner in the state and major lender to the state's No. 2 airline.
Cerberus took control of Waikiki's crown jewels — the Sheraton Waikiki, the Royal Hawaiian and the Sheraton Moana Surfrider — when it bought a 65 percent interest in the hotels' owner, Japan-based Kokusai Kogyo KK, for $2.4 billion in November 2004.
Cerberus is now acquiring a 30-percent interest in Japan-based Seibu Holdings Inc., which owns the Hawaii Prince Hotel Waikiki, the Hapuna Beach Prince Hotel, the Maui Prince and the Mauna Kea Beach Hotel.
"These properties are worth billions of dollars, making them (Cerberus) one of the biggest hotel owners in Hawai'i," said Mike Hamasu, director of consulting and research at Colliers Monroe Friedlander Inc.
The company also played a pivotal role in Aloha Airlines' reorganization. In March, Ableco Finance LLC, Cerberus' lending arm, teamed up with Goldman Sachs Credit Partners LP to provide up to $65 million in financing to help the bankrupt carrier continue operating.
The rapid rise of Cerberus on the Hawai'i business landscape comes amid a resurgence of investment from Mainland companies.
They include:
The Carlyle Group, based in Washington, D.C., which purchased Verizon Hawaii last year for $1.65 billion.
New York-based Cendant Corp., which in addition to running Avis, Budget, Century 21 and Cheap Tickets, bought the local Coldwell Banker residential real-estate franchise last month.
HRPT Properties Trust, based in Newton, Mass., which paid nearly $600 million to acquire more than 400 acres of industrial properties owned by the Damon Estate and the Campbell Estate.
While much of the outside investment in Hawai'i in the 1990s involved businesses that bought cheap, added improvements and sold three to five years later, today's investor is taking a more hands-on management approach and may end up waiting a decade before they see a big payoff.
"They're much more patient, and they're much more willing to take much more complex risk," said Jon Miho, co-founder of local real-estate investor Trinity Investment LLC, whose affiliate is purchasing the Kahala Mandarin Oriental Hawaii hotel.
Cerberus, a major global player with over $16 billion invested worldwide, declined to comment on its Hawai'i strategy for this story. Local executives who have dealt with the company say its record in the state is mixed.
Managers of the Sheraton chain say that Cerberus is committed to improving its Hawai'i properties, while representatives of Aloha Airlinespaint a picture of a demanding lender keeping a close eye on all operations.
Keith Vieira, senior vice president and director of Hawai'i operations for Starwood Hotels & Resorts, which manages the five Sheraton hotels controlled by Cerberus, said Starwood had preliminary discussions with Cerberus about renovating its local properties.
He noted that Kamehameha Schools' $84 million facelift of the nearby Royal Hawaiian Shopping Center has prompted Starwood and Cerberus to consider upgrading the properties.
"We think they're going to be a good owner of our hotels in Hawai'i," Vieira said.
David McNeil, a spokesman for Prince Hotels, said the chain's Japan-based owners haven't planned any changes at this time.
Unlike the mid-1990s "vulture" investors like Colony Capital and the Blackstone Group that bought distressed Hawai'i real estate for as little as 25 cents on the dollar, Cerberus is paying nearly the full value of the properties.
"They're not buying on a huge discounted basis; they're buying on value," said Joseph Toy, president of the local consulting firmHospitality Advisors LLC.
With Aloha Airlines, Cerberus has been much more hands-on.
In July, Ableco, Cerberus' lending arm, abruptly increased the interest rate on its multimillion-dollar loan to Aloha from 11.25 percent to 14.25 percent, Aloha said in Bankruptcy Court documents.
The following month, Ableco stopped lending money to Aloha until management agreed to hire a chief restructuring officer and reach an agreement to sell the airline. Aloha attorney Charles Dyke stated during a Bankruptcy Court hearing in October that Ableco and Goldman Sachs would consider liquidating Aloha if a deal to sell it fell through.
Aloha, which is being sold to a group headed by California billionaire Ron Burkle and former football star Willie Gault, won approval from Bankruptcy Court last week for its reorganization plan. Aloha could emerge from bankruptcy as soon as Dec. 15.
In a recent Bankruptcy Court filing, Jeffrey Kessler, Aloha's interim chief financial officer, described the pressure Cerberus put on the airline.
"For several days, funds were withheld as the lenders made daily sweeps of cash revenues from (Aloha's) accounts while refusing to re-advance the monies so swept," Kessler said.
"The lenders began demanding, as a condition to each daily advance under the loan, a daily 'deal report' detailing the company's progress in obtaining a transaction sufficient to repay the loan," Kessler added. "They further informed the company that financing would be cut off by Oct. 15, 2005, if a signed letter of intent from an investor were not secured by then."
Cerberus has been involved in a controversy in Japan over its planned investment in the parent of the Prince Hotels.
Cerberus' investment in financially troubled Seibu, one of Japan's largest real-estate firms and owner of the Seibu Railway, has led to legal action by the sons of the company's founder, Yasujiro Tsutsumi.
The brothers, Yuji and Seiji Tsutsumi, recently lost an appeal to Tokyo's high court to essentially block Cerberus' investment and Seibu's restructuring plan. The two brothers recently filed suit in Hawai'i Circuit Court, seeking to be recognized as the rightful owners of the Prince Hotels in Hawai'i.
Founded in 1992 by Stephen Feinberg, a former Drexel Burnham Lambert manager, Cerberus began as a vulture fund specializing inbankrupt and distressed companies. The name, Cerberus, comes from the mythical three-headed dog that guarded the gates of the ancient Greek underworld.
In recent years, the company, whose executives include former Vice President Dan Quayle, has branched out to lending and investing in less-risky companies, says the Wall Street Journal.
The closely held company shies away from publicity, preferring to work in the background. It has no local office or employees based in Hawai'i.
The firm has invested in a broad range of companies, including Mervyn's department stores, building products maker Formica Corp., Italian sportswear maker Fila and DaimlerChrysler's former aircraft leasing business, according to BusinessWeek.
In more recent years, the firm has taken huge bets in troubled companies in Japan, where restrictions on foreign ownership have relaxed in recent years.
Before its investment in Kokusai Kogyo, the company paid $850 million for a controlling stake in Aozora Bank Ltd., formerly known asNippon Credit Bank Ltd. before it was taken over by Japanese regulators in 1998.
Kevin Aucello, senior vice president at CB Richard Ellis Hawaii who worked with Cerberus Japan executives in the mid-1990s, said that Cerberus' combined ownership stake in the local Sheraton and Prince hotels has advantages.
Owning several high-end hotels in Hawai'i means Cerberus can leverage the advertising, marketing and managing efforts. "It's much more efficient to manage a larger portfolio," Aucello said.
~ ~ ~
NEW DISCOVERY (06-24-08):
Final Decree entered
Date: Tuesday, June 24, 2008 8:17 PM
From: "Steven Guttman" <sguttman@kdubm.com>
To: "Bobby Harmon" <bobby_n_harmon@yahoo.com>, "David Farmer" <farmerd001@hawaii.rr.com>, "Michael Mukasey" <AskDOJ@usdoj.gov>, "Kevin Chang" <sa@hid.uscourts.gov>, "Robert Faris" <hib@hib.uscourts.gov>, "Barry M. Kurren" <richlyn_young@hid.uscourts.gov>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>, "J P Schmidt" <insurance@dcca.hawaii.gov>, "Janet Kamerman" <HONOLULU@FBI.GOV>, "Mark Bennett" <hawaiiag@hawaii.gov>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>
Cc:
"Mediation Center of The Pacific" <mcp@mediatehawaii.org>, "Sheryl Nicholson" <office@acluhawaii.org>, "Robert Bruce Graham" <bgraham@awlaw.com>, "James Wriston" <jwriston@awlaw.com>, "Andrew Winer" <winer@pacificlaw.com>, "James Cribley" <jcribley@caselombardi.com>, "Lawrence Goya" <hawaiiag@hawaii.gov>, "Pension Benefit Guaranty Association" <participant.pro@pbgc.gov>, "James B Nicholson" <jamesbnicholson@aol.com>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Office of Inspector General US Dept of Justice" <oig.hotline@usdoj.gov>, "George Will" <georgewill@washpost.com>, "Haunani Apoliona" <info@oha.org>, "Leroy Colombe" <lcolombe@ckdbw.com>, "Scott Helman" <shelman@globe.com>, "Bob Nichols" <bob.bobnichols@gmail.com>, "Laura Thielen" <dlnr@hawaii.gov>, "Barry Taniguchi" <communications@hcf-hawaii.org>, "Paul Achitoff" <honoluluoffice@earthjustice.org>, "Laurie Bennett" <info@muckety.com>, "Dave Shapiro" <volcanicash@gmail.com>, "Gail Kim-Moe" <Gkim.moe@gmail.com>, "Marshall Chriswell" <mc@whistleblowers.org>, "Greg Palast" <palast@gregpalast.com>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "Laser Haas" <laserhaas@msn.com>, "Michael Moore" <mike@michaelmoore.com>, "Texas Observer" <editors@texasobserver.org>, "Brian W. Bisignani" <bbisignani@postschell.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "William Burgess" <hwburgess@hawaii.rr.com>, "Brian E. Schatz" <teamschatz@gmail.com>, "Patricia Case" <pattycase@aol.com>, "Cheryl Nakamura" <CNakamura@rmhawaii.com>, "Bill Yuen" <billyuen@cymlaw.com>, "Randall W. Wulff" <rwulff@wqsadr.com>, "Karen Spiller" <karen.spiller@baesystems.com>, "Andrew Killgore" <akillgore@wrmea.com>, "Patrick Leahy" <senator_leahy@leahy.senate.gov>, "Pamela A. McCullough" <HONOLULU@FBI.GOV>, "James Duke Aiona" <ltgov@hawaii.gov>, "Ken Conklin" <ken_conklin@yahoo.com>, "William H. Donaldson" <enforcement@sec.gov>, "Ian Lind" <diary@ilind.net>, "Jim Terrack" <tnthawaii@aol.com>, "Andrew Walden" <hfpeditor@email.com>, "All Senators" <sens@Capitol.hawaii.gov>, "All Representatives" <reps@Capitol.hawaii.gov>, "Thomas Fitton" <info@judicialwatch.org>, "Stew Webb" <stewwebb@stewwebb.com>, "Judson Witham" <jurisnot@yahoo.com>, "J C Shannon" <Hapa1234@aol.com>, "Jeff Biener" <jeffandmary@ozarkopathy.org>, "V K Durham" <vkdtdht@pionet.net>, "Richard Grove" <Richard@8thEstate.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Susan Tius" <STius@rmhawaii.com>, "Paul Alston" <palston@ahfi.com>, "John Goemans" <wip@kamuela.com>, "William K Slate" <Websitemail@adr.org>, "Lissa Andrews" <landrews@rmhawaii.com>, "John D. Finnegan" <info@chubb.com>, "Terry Mullen" <tmullen@johnmullen.com>, "Margery Bronster" <info@bchlaw.net>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Neil Ambercrombie" <Neil.Abercrombie@mail.house.gov>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Lorraine Inouye" <seninouye@Capitol.hawaii.gov>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "Arthur Rath" <imua@spamarrest.com>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Blossom Tong" <blossom.d.tong@marsh.com>, "Sammye Richardson" <sammyerichardson@yahoo.com>, "Daniel Hopsicker" <madcownews@gmail.com>, "Richard L Righter" <righterwmx@aol.com>, "Dirk Kempthorne" <webteam@ios.doi.gov>, "Jeffrey Sia" <Jeff.Sia@excite.com>, "Jim Babka" <downsizer-dispatch@downsizedc.org>, "Truth" <truth@grandecom.net>, "J. C. Jones" <JCJJONES@aol.com>, "Dane Field" <danefl@gucl.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>
Message contains attachments
Please see attachment
Kessner Umebayashi Bain & Matsunaga
220 South King Street, Suite 1900
Honolulu, Hawaii 96813
Tel. 808.536-1900
~ ~ ~
~ ~ ~
U.S. 9th Circuit Court of Appeals
TRUSTEE v HAYES
Hawaii corporation, Debtor. No. 95-16119
OFFICE OF THE U.S. TRUSTEE, 83-00381-MP
Appellant,
v.
Appellee.
IN RE: BISHOP, BALDWIN, REWALD, DILLINGHAM & WONG, INC.,
a Hawaii corporation, Debtor.
No. 95-16776
v.
Chapter 7 Trustee; HONOLULU PROFESSIONAL
SERVICES; BANKRUPTCY TRUSTEE,
Appellees.
Appeals from the United States District Court for the District of Hawaii Martin Pence, District Judge, Presiding
Argued and Submitted November 4, 1996--Honolulu, Hawaii
Before: J. Clifford Wallace, Mary M. Schroeder, and Arthur A. Alarcon, Circuit Judges.
Per Curiam Opinion
COUNSEL
Kathleen Dunivin Schmitt, United States Department of Justice, Executive Office for United States Trustees, Washington, D.C., for the appellant.
James F. Evers, Wagner, Watson & Pettit, Honolulu, Hawaii, for appellees Graulty, as trustee, and Wagner, Watson & Pettit.
Stanley E. Levin, Davis & Levin, Honolulu, Hawaii, for appellee Graulty, individually.
Louise K.Y. Ing, Alston, Hunt, Floyd & Ing, Honolulu, Hawaii, for appellees Thomas Hayes and Honolulu Professional Services.
OPINION
PER CURIAM:
The United States Trustee (U.S. Trustee) appeals from the district court's order overruling the objection to Reynaldo Graulty's final report as trustee for the Bishop Estate (Estate). The district court had jurisdiction under 28 U.S.C.S 157(d). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. S 1291, and we vacate the district court's order and remand this case for 56 days for clarification.
During 1990-1992, Graulty was trustee for the Estate. Mary Louise Scheulin, as an employee of the Estate, oversaw its day-to-day operations during that time and incurred both salary and rent expenses. Scheulin was hired by the Estate's administrative controller,Thomas Hayes, whom Graulty hired with the district court's approval. Over the U.S. Trustee's objection, the district court, on May 26, 1995, approved Graulty's final report for the Estate. In that report, the Estate, and not Graulty, was responsible for Scheulin's expenses. The U.S. Trustee again objected that the workload of the Estate did not justify Scheulin's employment, and argued that someone else -- presumably Graulty -- should be responsible for Scheulin's expenses. The district court once more overruled the U.S. Trustee's objection on July 14, 1995 ....
Since we remand the case solely due to the failure of Graulty to prepare the final report adequately and due to omissions in the draft order he presented to the court, the district court shall not require the Estate to compensate Graulty for any work arising from this remand.
VACATED AND REMANDED.
~ ~ ~
"Deliberate Indifference" - State Liable for Damages
Children Not Receiving FAPE - State DOE Did Nothing

News Release
Date: June 19, 2001
Re: Stephen L., et al. v. LeMahieu, et al.; Civil No. CV 00-00338 DAE/KSCC
In a decision which defines for Felix class members the circumstances under which the state is liable for damages, U. S. District Court ChiefJudge David Ezra ruled that the State of Hawaii is liable to a 19 year old disabled student from Molokai, for conduct labeled as "deliberate indifference." Suit was brought by the student under the Rehabilitation Act of 1973, which act forbids the State of Hawaii from discriminating in the provision of education to disabled children.
"In the suit, the family alleged that Molokai's crisis of personnel shortages in special education teachers, speech therapists and educational aides had caused Aaron L. to be denied an appropriate education. The court agreed.
Judge Ezra found that the severe personnel shortages on Molokai were known by Molokai High school, the Maui District Office, and State of Hawaii officials. The court stated that the state's repeated failure to adequately fund special education was no excuse to fail to meet the federal education standards. It further stated that it was clear that "special education children on Molokai, including Aaron L., were not receiving the necessary services to provide them with [a free and appropriate public education] to which they were entitled" In spite of this awareness, the DOE did nothing. This amounts to deliberate indifference.
This ruling means that the sole issue at trial, which is presently scheduled for September 2001, will be the amount of damages that should be paid by the state to the plaintiff family. When told of Judge Ezra's ruling, Mrs. L., Aaron's mother, said the decision helps the family deal with the DOE's conscious neglect of Aaron's needs.
She went on to say that this was "a victory for all Felix children on Molokai."
In his decision, Judge Ezra noted the history of the State of Hawaii in inadequately funding special education in Hawaii. He concluded by stating:
"state defendants cannot excuse a knowing failure to provide these services because of a lack of funds commitment from the state legislature. In sum, deliberate indifference by the state government cannot provide an excuse for another arm of state government, the DOE, from meeting its knowing legal obligation to special needs children."
Stanley E. Levin, attorney for Aaron L. and his parents, added, "after years of frustration and no services by the state, this ruling is only the first step toward recovery."
DAVIS LEVIN LIVINGSTON GRANDE
400 Davis Levin Livingston Grande Place
851 Fort Street
Honolulu, Hawaii 96813http://www.davislevin.com
~ ~ ~
NEW DISCOVERY (06-01-08):
IRS Scandal
Christian Filipino Victims Foundation
Whether from government or private "masters", if you are a victim you have come to the right place for relief (refer to schedule).
Richard Basuel presents the Bishop Estate scandal which he and many others are victims of.
BRING US YOUR SCANDALS: TOGETHER WE CAN STOP THE ABUSES AND CURE THE PROBLEMS. ONE WITH GOD IS A MAJORITY!
Notice:
The friends of Christian Filipino Victims Foundation, led by Chairman Richard Basuel, ask you to elect former Bishop Estate TrusteeLokelani Lindsey as Mayor of Honolulu. Both are political prisoners.
Vote for Lokelani Lindsey for Mayor of Honolulu
After years of preparing for her leadership whistleblowers role, Lokelani bravely exposed Hawaii’s biggest scandal, which was the real reason she was put in jail. Richard Basuel has been and is being prosecuted as a scapegoat for Hawaiian sovereignty issue even though he is neither Hawaiian nor a Hawaiian sovereignist, and as a way to intimidate the Filipino vote in Hawaii, i.e. Honolulu Star-Bulletin, April 19, 2001, published that Richard Basuel and associates were, “claiming Hawaii as a foreign country”. (http://starbulletin.com/2001/04/19/news/briefs.html )
Contrary to certain allegations, the Filipino Victims Foundation is a Christian based group who promotes agreeing with the government, especially on tax issues. Jesus said to pay taxes, Matthew 22:18-20. Lokelani Lindsey and Richard Basuel are two Hawaii citizens prosecuted for agreeing with the government. The Affidavit of Richard Basuel, filed February 27, 2004 in the Hawaii Bureau of Conveyances as Document No. 2004-040689, states,
AFFIDAVIT OF RICHARD BASUEL
CITY AND COUNTY OF HONOLULU )
) SS:
STATE OF HAWAII )
I, RICHARD BASUEL, am competent to testify herein, have personal knowledge of the herein, and hereby testify and aver that the following is true to the best of my knowledge,
1. Available on the internet is the following document attached hereto as Exhibit “A” Scandal 1 Appearance With Assistance Of Counsel And Request For Recusal Of Judge David A. Ezra; Declaration Of Lokelani Lindsey; Exhibits “1" - “4"; Affidavit Of Lokelani Lindsey; Certificate Of Service (“Lindsey Document”). The last page of this Lindsey Document was filed October 2, 2003 in USA v. Lokelani Lindsey, Cr. S-010318 (DAE RJ) and Cr. S-00-00482 HG, U.S. District Court for the District of Nevada. However, on October 16, 2003 this Lindsey Document was sent by fax transmission from David Alan Ezra to the U.S. District Court for the District of Nevada, which filed it on October 17, 2003, the next day.
2. Exhibit “B” hereto is a reprint of the October 4, 2003 Star-Bulletin article, describing the Lindsey Document. Apparently Judge Ezra jailed Ms. Lindsey primarily on the basis of the Lindsey Document, which he refused to consider as filed even though Ms. Lindsey filed it prior to the hearing which jailed her. The Lindsey Document was filed AFTER the ten day motion for reconsideration and other deadline(s) that would have allowed Ms. Lindsey to stay out of jail at least until her properly filed, but ignored, motions were given a fair hearing. Probably to this day, nether Ms. Lindsey nor her attorney do not know her motions were docketed and should have been given a fair hearing based on being docketed (however improperly.
3. My circumstances are like those of Ms. Lindsey addressed in the Lindsey Document in that are both victims of abuse. For example, in my circumstances I was accused in the newspapers of promoting Hawaiian sovereignty even though there is nothing in writing that shows this. Obviously, I have been and am being persecuted as a Hawaiian sovereignty promoter as a warning to Hawaiian sovereignty supporters, but without risking an organized backlash from actual members of the Hawaiian sovereignty movement.
____/S/__________
Richard Basuel
The Foreign Intelligence Surveillance Act Court is responsible for abuses against Hawaii citizens, including Hawaiians and Filipinos targeted to scare Hawaiians, such as Richard Basuel.
------------------  
The "Exhibit A" referred to on that webpage is the 35-page pdf file containing bizarre legal documents and opinions by Lokelani Lindsey. That 35-page document can be downloaded directly from Richard Basuel's webpage by clicking on the following URL:
http://www.victimsgroup.com/Lindsey%20Brief.pdf
OR, in case that link goes dead or that webpage is taken down, the 35-page document can also be downloaded by clicking here:
http://www.angelfire.com/hi5/bigfiles/lindseykamkingdomezra.pdf
~ ~ ~
NEW DISCOVERY (05-31-08):
May 31, 2008
Aloha puts Mesa lawsuit
up for auction
Legal claims against Mesa another asset
being sold for creditors
By Rick Daysog, Advertiser Staff Writer
For sale: Aloha Airlines' lawsuit against go! airlines.
The trustee for bankrupt Aloha Airlines said yesterday that he will auction off Aloha's potentially lucrative legal claims against the owner of go!, Mesa Air Group Inc.
In April, Mesa agreed to pay $52.5 million to settle a similar suit by Hawaiian Airlines, which alleged that Mesa misused confidential information to launch go! airline.
"A lawsuit is no different than a propeller," said James Wagner, attorney for Aloha's bankruptcy trustee Dane Field. "It's an asset and we're going to sell it."
Aloha, once the state's second largest airline, shut down its passenger service on March 31 and terminated 1,900 workers, in the largest mass layoff the state has ever seen.
The shutdown came 11 days after Aloha filed for bankruptcy for the second time in less than 3 1/2 years.
Aloha sued Mesa in federal court in January 2007, alleging that the Phoenix-based company misused confidential information to drive it out of business. The trial is scheduled for October.
The rights to the Aloha lawsuit will become one more asset to be sold to pay off Aloha's creditors. Wagner said he has "no concept" of what Aloha's legal claims would sell for.
Asset sales so far have included the $10.5 million sale of Aloha Cargo to Seattle-based Saltchuk Resources Inc. and the $2.05 million sale of Aloha's contract services division to Los Angeles-based Pacific Air Cargo.
Wagner said potential bidders for the lawsuit include Aloha's former financial backer, Yucaipa Co. Yucaipa, which is headed by California billionaire Ron Burkle, rescued Aloha during its first bankruptcy and is owed more than $100 million by the defunct carrier.
In court filings, Wagner said Yucaipa has agreed to use a portion of any recovery to create a hardship fund for laid-off employees.
GMAC Commercial Finance, Aloha's chief lender, also agreed to set aside 5 percent of any proceeds it receives from the sale of Aloha's assets to pay the airline's unsecured creditors.
Mesa also could bid on the rights to the suit, in what would result in a settlement of the lawsuit, Wagner said.
Wagner said potential bidders would have to front what could amount to several million dollars in legal bills to bring the case to trial. He noted that Aloha's expert witnesses alone have asked for a $250,000 retainer.
"It's very expensive litigation," Wagner said.
Also yesterday, U.S. District Judge David Ezra rejected a Mesa motion to dismiss the lawsuit and appointed Federal Magistrate Barry Kurren to oversee the case.
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4 comments:

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