Posted on 11/07/2015 7:04:23 AM PST by Whenifhow
Judicial Watch announced today that it has filed an Urgent Motion for Injunction with the U.S. Court of Appeals for the Ninth Circuit to stop a race-based, state-sponsored, Hawaiians only election that violates the fundamental constitutional rights of American citizens (Keli’i Akina, et al. v. The State of Hawaii, et al. (No. 15-17134)).
The motion asks that the Appeals Court enjoin the counting of ballots, now scheduled for November 30, until the resolution of a Judicial Watch appeal of an earlier district court ruling in the case (Keli’i Akina, et al. v. The State of Hawaii, et al. (No. 1:15-cv-00322)).
In August, Judicial Watch filed a lawsuit on behalf of the five Hawaiian residents who have joined with a Texas resident to oppose voter registration requirements instituted under Act 195, which became a Hawaiian state law in 2011. Judicial Watch sought a preliminary injunction to stop the vote, scheduled for the month of November 2015, arguing that its clients injunction are denied the right to vote either because of their race or their political views in direct violation of the U.S. Constitution and the Voting Rights Act of 1965. Act 195 authorizes the Native Hawaiian Roll Commission (NHRC) to create a list of Native Hawaiians who would be eligible to elect delegates to a planned constitutional convention, which would then prepare governance documents for a separate Native Hawaiian entity.
The Obama administration supported the race-based election in this litigation despite the fact that the State of Hawaii limits eligible voters in the election to those who have at least one drop of Native Hawaiian blood. Judicial Watch notes that this (one drop of blood) rule is like other laws last seen in the racist Jim Crow era: It also has an unfortunate resonance in American history. See, e.g., Loving v. Virginia, 388 U.S. 1, 5 n. 4 (1967) (discussing Virginia statute holding that [e]very person in whom there is ascertainable any Negro blood shall be deemed and taken to be a colored person).
The lower court declined to issue a preliminary injunction, ruling that the election was being conducted by the Na’i Aupuni foundation (NA), a (private actor holding a private election), which would allow for race-based qualifications that would be obviously unconstitutional in any government-run election. Judicial Watch argues to the Ninth Circuit that the lower court erred on the facts and the law. Judicial Watch attorneys point out that it is undisputed, that the allegedly (private) foundation was organized in late 2014 for the sole purpose of carrying out the election set in motion by Hawaii’s Act 195.
The brief cites to a mass of evidence suggesting the foundation is merely a front for the State of Hawaii:
NA was formed, three years after Act 195 was passed, for no other purpose than to hold the election that [the State Office of Hawaiian Affairs, or OHA] could not. NAs bylaws refer to OHAs legislative goals. OHA was, at least for a time, a member of NA. NA’s vice-president is married to the CEO of the NHRC. NA was given millions of dollars of public money to hold an election described in a state law, Act 195, in a series of contracts with OHA, wherein OHA retains all sorts of special rights and privileges. NA decided to use the race-based Roll the NHRC had been developing for years, and that OHA is statutorily required to use. Indeed, it is particularly telling that NA gave OHA assurances that it would use the race-based Roll to hold a race based election before the two parties entered into contracts awarding NA millions of dollars to hold that election.
As Judicial Watch attorneys argue, the historic election is about important public issues, including whether to change the government under which Hawaiians live:
The delegates who win will attend a convention at which they may draft governance documents for an all Native Hawaiian entity. Their decisions could affect the legal, social, and financial relationships of huge numbers of Americans. In 2010 there were 1.36 million people in Hawaii. The Department of the Interior estimates that there are 527,000 Native Hawaiians in the United States, of whom 290,000 reside in Hawaii. Indeed. Plaintiffs here have views as to whether a change is appropriate and, if so, what that change should be. They should not be shut out because they are the wrong race.
On July 20, 2012, using taxpayer funds from the States Office of Hawaiian Affairs, the NHRC launched the Kana’iolowalu campaign, opening a registration process strictly confined to Native Hawaiians and even then only those who were also willing to affirm the unrelinquished sovereignty of the Native Hawaiian people and who desired to vote for a new race based sovereign government.
Judicial Watch represents citizens harmed by the discriminatory Hawaii election process. Keli’i Akina and Kealii Makekau are descendants of Native Hawaiians, who cannot register to vote because they will not affirm that they favor Native Hawaiian sovereignty and self-governance. Joseph Kent and Yoshimasa Sean Mitsui are citizens and residents of the State of Hawaii, who are prevented from registering to vote because of the race based ancestry requirements of Act 195. Melissa Leina’ala Moniz and Pedro Kana’e Gapero are Native Hawaiians who were registered to vote without their knowledge or consent.
The Grassroot Institute of Hawaii, a Hawaii based think tank, has been assisting Judicial Watch in its investigation of Hawaii’s plan for a race based election. Every day that this unconstitutional election is allowed to proceed is another day that Native Hawaiians are misled, people’s rights are bypassed, and the will of the thousands of Hawaiians who have voiced their opposition to the state’s nation-building scheme are ignored, said Keli’i Akina, Ph.D., President of the Grassroot Institute and one of the Plaintiffs in the case. We must stop wasting time, money, and good will on a divisive and unconstitutional race-based election and begin looking for ways to improve the lives of everyone who lives in our state.
As symbols of the Confederacy are removed from public display, the political left is pushing for a racist separatist campaign in Hawaii with the help of Barack Obamas administration, said Tom Fitton, Judicial Watch president. The federal courts cannot put an end this constitutional abomination soon enough. This Hawaii race-based election is a comeback for segregation. The Office of Hawaiian Affairs and the Native Hawaiian Roll Commission are both hiding behind private parties in order to circumvent the U.S. Constitution and get around the civil rights protections afforded every American through the First, Fourteenth, and Fifteenth Amendments.
Robert Popper, director of Judicial Watchs Election Integrity Project, is Judicial Watchs lead attorney on the lawsuit. Mr. Popper was formerly deputy chief of the Voting Section of the Civil Rights Division of the Justice Department. Michael Lilly of the Honolulu law firm Ning, Lilly & Jones is serving as Judicial Watchs local counsel for the plaintiffs.
In separate litigation, Judicial Watch forced the release of the actual enrollment list, which includes the names of Hawaiian residents placed on that list without their permission. The Obama administration took controversial executive action towards the reestablishment of a government-to-government relationship with the Native Hawaiian community.
http://pjmedia.com/jchristianadams/2015/10/22/obama-administration-defends-hawaiian-separtism-in-federal-court/
http://www.freerepublic.com/focus/f-news/3351807/posts
Oct 24 2015
Obama Preparing to Eliminate State of Hawaii, Give it Back to The Natives
http://www.publiusforum.com/2015/10/24/obama-preparing-to-eliminate-state-of-hawaii-give-it-back-to-the-natives/
Excerpt: The Obama administration seems to have made the first steps toward eliminating the state of Hawaii by creating a sovereign nation and giving it back to native Hawaiians. To that end, this latest move essentially set up a racist voting scheme that allows only native Hawaiians to vote in an upcoming election.
On Friday a federal judge in Hawaii ruled that a race-restricted election to choose delegates to draft a new government for Hawaii can go forward despite that the elections are only open to residents who are racially related to ethnic Hawaiians.
On Friday U.S. District Court Judge J. Michael Seabright insisted that the election was a (private poll) and therefore not an official government entity–quite despite that the work of the election could eventually become the states new government.
Background articles:
Obama Administration Defends Hawaiian Separatism in Federal Court
http://www.freerepublic.com/focus/f-news/3351807/posts
http://pjmedia.com/jchristianadams/2015/10/22/obama-administration-defends-hawaiian-separtism-in-federal-court/
Obama Preparing to Eliminate State of Hawaii, Give it Back to The Natives
http://www.publiusforum.com/2015/10/24/obama-preparing-to-eliminate-state-of-hawaii-give-it-back-to-the-natives/
Oh so basically halt an election which they know will be won white people’s votes. Got it.
White men as in Hawaiians or anything other than black
If we manage to remove Hawaii from the union and revert it to a foreign kingdom does that mean we can take that POS out of the white hut and drop him in Manaloa as a tribute to the gods? If yes, make it so.
If we manage to remove Hawaii from the union and revert it to a foreign kingdom does that mean we can take that POS out of the white hut and drop him in Manaloa as a tribute to the gods? If yes, make it so.
********
It does seem like if the end result is secession, perhaps finding a Native American tribe in your state, it could return to (self governance)?
By the way, similar efforts are underway in Guam.
Great. If this is okay with the Obama administration, let’s have a White election for President in 2016. Have you seen the Red/Blue county maps of the USA?
I don't care if they become their own country...let them....
odd to me that an island state dependent on the mainline for everything and with its major industry being tourism that they would be so hateful to all others....
of course as with anything...follow the money..."native" Hawaiians get special privileges and have billions of dollars in trust money, IIRC....
Betcha more welfare money goes into that state then tax dollers come out.
Give it back and watch the natives find out that someone worse than howlies will take over.
Halt a racist election that doesn’t include all who live there and limits the vote to only people whose ancestry went back before white people arrived and whose decendents mostly hold grudges and live on the dole.
Non decndents developed the island and decendents want to take the developed riches without ever paying or making any of it.
This also removes Hawaii and our military possibly out of the United States and could set up a Kingdom for a King Obama to rule in fact.
We go out then China, Russia and Saudi Arabia go in with bases and pay handsomely to do so.
PS, for the most part Islanders don’t like to work either.
They hope to confiscate the tourism properties and to open up gambling to cash in quickly without working.
I don't care if they become their own country...let them.
... odd to me that an island state dependent on the mainline for everything and with its major industry being tourism that they would be so hateful to all others....
of course as with anything...follow the money..."native" Hawaiians get special privileges and have billions of dollars in trust money, IIRC....
Having lived in Hawaii about the time Obama says he was born there I can attest to the reality of the extreme bias by all races against the blacks, the Chinese against the Japanese, the Whites, selectively, against anyone and the native Hawaiians who hid away on Niihau Island where only pure blooded Hawaiians were allowed. Mitchner did not tell the whole story.
Hawaii as a US state is the best thing to happen for everyone.
The native Hawaiian population was a minority in the 1890s and most people didn’t want to live under the Queen — who did’t know how to develop the economy.
The people voted by 93 percent to become a US state and have benefited tremendously ever since.
No native land was lost from the native Hawaiians (except for the US Military installations). The vast tracks of land owned by the monarchy was simply made state lands. No Hawaiian had land taken from a single Hawaiian native.
Compare the economy of Hawaii with the poverty stricken Pacific Island nations. Everyone’s lives have improved.
The missionaries preserved the language by creating a written alphebet that made it easy for English speakers to learn.
The Kapu system of the native Hawaiians was brutal, sexist and violent.
Western influence gave the Hawaiians the music that they enjoy. The Ukulele came from Portuguese workers. Before gospel music all the native people had was a few stone age chants.
Turning Hawaii over to the native people would be like returning South Dakota over to the Sioux tribes.
Idiotic. But, since liberals are in charge look for it to happen.
Been there, moving back there next year. The “natives” are lazy welfare vacuums, who don’t like us, but are dependent on our money. Hawaii and Guam may have their separatist movements, but the strategic importance of both guarantees we will never leave. This is a money grab...
regards,
Starts as a money grab.
Judicial Watch sought a preliminary injunction to stop the vote, scheduled for the month of November 2015, arguing that its clients injunction are denied the right to vote either because of their race or their political views in direct violation of the U.S. Constitution and the Voting Rights Act of 1965. Act 195 authorizes the Native Hawaiian Roll Commission (NHRC) to create a list of Native Hawaiians who would be eligible to elect delegates to a planned constitutional convention, which would then prepare governance documents for a separate Native Hawaiian entity.IBPB!
Thanks to all the people posting with first-hand knowledge, it’s invaluable to those of us who are as likely to go to Hawaii as we are to Mars. Double thanks to the bloke with the history lesson!
As for the movement itself, I’d like to see them try it...put up minefields around the military bases and blockade the island. Let’s see their little nation be so brave and proud when they are utterly cut off from outside food and trade sources and have no tourism. Within 2 weeks at most they will literally be back at the level of loincloths and log rafts with no hope of breaking the blockade.
Or if we don’t want to wait for that, let them have their ‘independence’ for about 24 hours and then kill everyone of fighting age, no surrender accepted, and Hawaii is ours again by simple conquest. Tada!
Update - Scotus rules against this election.
Nov 27
Breaking: Supreme Court Blocks Racially Discriminatory Hawaii Election
http://www.freerepublic.com/focus/f-news/3365529/posts
Dec 3
Judicial Watch Statement on Supreme Court Order Halting Hawaii from Conducting Race-based...
http://www.freerepublic.com/focus/f-news/3367746/posts
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