January 10th, 2006


U.S. District Court Judge David Ezra; the Haole Way and the Hawaiian Way; and the Hawaiian Tide

In this case I do not like the arrogance of Judge David Ezra. WHO IS HE TO TELL HAWAIIANS WHAT TO DO IN OUR OWN NATION? Called the Nation of Hawaii. Also since when does an AMERICAN judge preside in the jurisdiction of another nation???? Seriously. I LOVE this country (America) but I HATE it when they (representatives of the U.S. government) arrogantly tell other citizens from another nation what to do. In case people don't know... the Nation of Hawaii still exists. However this country (America) conveniently refuses to recognize it. That is why the majority of Americans are shocked that the Nation of Hawaii still exists because this information has been and continues to be suppressed. In any case I do NOT appreciate the arrogance of this judge. We call these people "high makamaka" meaning "high eyes" or "eyes looking down on other people." In this case... Judge Ezra's eyes looking down on Hawaiians which I do not appreciate:

Here is a picture of him:
from the Honolulu Advertiser in November 2003

Here is the recent article which really pisses me off and I know that he (Judge Ezra) studies Hawaiian history but that does NOT correlate to him having a right to preside in the Nation of Hawaii! Note that I fully respect the law (U.S. law) but damn... you would think that a non citizen of the Nation of Hawaii would return the same or similar respect for the laws of Ka Pae Aina. Just saying!!! Anyway here is the article in the paper:

Judge says Hawaiians must settle artifact fight:

Tradition, not court action, would be preferable, Ezra says

By Sally Apgar

A FEDERAL JUDGE ordered several native Hawaiian groups yesterday to resolve their differences over the final disposition of 83 artifacts, suggesting they pursue a Hawaiian form of conflict resolution on which they can all agree.

"This is not a dispute between the federal government and native Hawaiians. It is a dispute between native Hawaiians and native Hawaiians," said U.S. District Court Judge David Ezra. "We did not file this lawsuit."

In the meantime, Ezra refused to release Edward Halealoha Ayau, leader of Hui Malama I Na Kupuna O Hawaii Nei, from federal detention. Ayau was sent to prison last week for refusing to tell Ezra the location of the artifacts or the names of those who helped him rebury them.

At issue are 83 native Hawaiian artifacts that were reburied in two Big Island caves in February 2000 by Hui Malama. The items were taken from Kawaihae, or Forbes, cave in 1905 and held by the Bishop Museum. In 2000, Bishop made a "one-year loan" of the items to Hui Malama, which has refused repeated requests to return them. The group was founded in 1989 to reclaim native Hawaiian remains and burial objects from museums and construction sites.

Now, 14 native Hawaiian groups claim the items under federal repatriation laws. The groups have different religious and cultural views of the items.

Two of those groups filed a federal lawsuit demanding the retrieval of the items from the cave so that all of the claimants can review them and share in deciding their final resting place.

Ezra said yesterday that the federal court "has the power and authority" to make a resolution "and jam it down someone's throat." However, Ezra said he prefers a "method within the framework of Hawaiian tradition" so the groups can resolve their differences "without direct court involvement."

"The whole idea is to take this out of the courtroom and put it back into the hands of the Hawaiians," he said.

In September, Ezra ruled the items needed to be retrieved. Hui Malama appealed his order to the 9th Circuit Court of Appeals, which also ruled against the organization and sent the case back to Ezra. Hui Malama has refused to cooperate.

"We did not file the lawsuit until we absolutely had to," said La'akea Suganuma, who represents the Royal Academy of Traditional Arts. "Hui Malama would not compromise, and we could not resolve it among ourselves."

Now, the major players in the dispute appear ready to give Ezra's proposal a chance.

"We welcome the court's decision to find an alternative dispute resolution" under Hawaiian tradition, Suganuma said.

William Aila, interim spokesman for Hui Malama, said they are pleased that the court recognizes there are alternate methods for resolving disputes, including bringing Hawaiians together to the table with minimal court intervention.

Hui Malama intends to be part of that process, he said: "We look forward to participating and seeing if it can be resolved.

"The key to success in this endeavor is to make sure all 14 claimants are there, otherwise we'll only have a partial settlement, and the (other) guys may not agree."

Hui Malama's board will meet to discuss Ezra's proposal and come up with some recommendations as to who else should be involved in the mediation.

Ezra had suggested kupuna in the Hawaiian community or retired judges.

"It would have been easy if Aunty Gladys (Brandt) was around," Aila noted, recalling the revered Hawaii kupuna and educator who died in January 2003. "Gotta be somebody that has everybody's respect."

Ezra, who is working out the dispute with the help of U.S. Magistrate Kevin Chang, said the groups have until Monday to propose a method to the court.

Ezra has been trying to strike a balance in the highly emotional dispute, but he stressed that with or without the help of Hui Malama, the court will pursue the retrieval of the artifacts.

At yesterday's court proceeding, Ezra denied a request to release Ayau. Ezra asked Ayau if he had changed his mind about giving the court the information.

"No, your honor," Ayau replied.

Ayau has said that retrieving the items is desecration and a violation of his constitutional right to freedom of religion.

"I'm put into an intolerable position," Ezra said after hearing Ayau's response. "A federal judge cannot step back and allow someone to openly defy a court order. The last thing I want is for Mr. Ayau to spend the next months or years in custody ... but I have no choice."

Hui Malama attorney Alan Murakami told Ezra that they "are exploring avenues," perhaps with the 9th Circuit, to appeal Ayau's imprisonment.

Sherry Broder, who represents the Royal Academy and Na Lei Alii Kawananakoa, another litigant, told Ezra, "Nobody is above the law. You bent over backward" to be lenient.

Ezra stressed that he is concerned about how this case is further "splitting native Hawaiians" because "a divided Hawaiian community is an ineffective Hawaiian community."

"If you wish to press for rights, you can't do it by being splintered and fragmented. And coming together once a year to march up and down Kalakaua Avenue isn't going to do it," Ezra said.

Seen at http://starbulletin.com/2006/01/06/news/story02.html

However I do appreciate him supposedly stating that the federal court "has the power and authority" to make a resolution "and jam it down someone's throat" but he prefers a "method within the framework of Hawaiian tradition" so the groups can resolve their differences "without direct court involvement."

"The whole idea is to take this out of the courtroom and put it back into the hands of the Hawaiians."

Which is all fine and dandy but that is not the kumu or source. The source of this is not Hawaiians. We did not steal the iwi and moepu in question. It goes back to David Forbes who stole these items: Forbes Documents

Nana i ke kumu.
Look to the source... of this hewa-ness.

I am not going to blast Suganuma nor Kawananakoa for doing what they wish with the iwi because to me they have a right to protect the iwi how they want to protect the iwi. I just do not wish the iwi nor the moepu to be put in a museum so that people can make millions off of the iwi that is inside of me. Similarly I do not even like zoos because they imprison animals against their will. In this case... Suganuma and Kawananakoa should have called for a hoo pono pono. Did they? No. Instead they sought the American courts which leads me to believe that they have a colonized mind. However while I disagree with them... they still have a right to the iwi just as other Hawaiians do too. Of course there are some Hawaiians who are sell-outs who would sell our kupuna's bones or iwi to make a dollar. It remains to be seen if Sunganuma and Kawananakoa are like that but so far that is what they seem to be. That is... they want these bones or iwi and moepu to be placed in a museum or museums which I do not agree with.

Also specifically with Abigail Kawananakoa. Proper protocol dictates that she would have been the queen in Hawaii. I won't get into genealogy here nor do I seek to debate this issue. No. My point about her or one of them about her is that IF her descendants had taken care of the iwi in the first place... then this would never have happened meaning... while I do not blame Queen Liliuokalani for abdicating her throne under duress... if it was me... if I knew I was going down... I would go down FIGHTING. That is how I interpret Kamehameha to have been that is why so in a way these Hawaiians whom you see fighting trying to protect the iwi... nowadays are only doing what should have been done years if not centuries ago. That is... these people like Eddie Ayau of Hui Malama are only protecting the iwi. Therefore I fully support them. I try to do that too... that is... protect the iwi. Unfortunately it is often misunderstood and/or misinterpreted but when I see a Hawaiian or Hawaiians march to their own drum trying to protect the iwi... then it impresses me because peer pressure advocates that we "go with the flow." No... we should not go with the flow because the flow is to NOT protect the iwi and instead to let people make money off of us. No No No.

In addition David Malo who was an educated Hawaiian wrote about the "white tide" (white as in "Haole") and how it was going to gobble up Hawaiians. For the most part it's true. Look at how most Hawaiians are today. That is... most of them are part Haole. However it is important to remember that for every action there is an equal and opposite reaction (physics here.) Thus I fully expect a HAWAIIAN TIDE that is equal and opposite in force as the WHITE Tide. Thus many Hawaiians today fighting back in their own way. THAT is the Hawaiian Tide. A tide like in this picture from the Honolulu Advertiser:

which is a picture of supporters and family of imprisoned Hui Malama leader Edward Ayau holding vigils earlier this week outside the Federal Detention Center to pray for his release and that 83 Hawaiian artifacts under dispute would not be retrieved from secret burial caves.

From http://starbulletin.com/2006/01/06/news/story02.html

In addition some Hawaiians will say that it's not good to fight over iwi and/or moepu. I disagree. Fighting is a part of who we are and if Kamehameha did not fight with other Hawaiians then Hawaii would never have been a nation nor even a state so I wish they would stop mentioning that about fighting for it only shows their ignorance. In this case... their ignorance of Hawaiian history and of Hawaiians.

Anyway I predict many Hawaiians to continue to try to protect the iwi. I also encourage other Hawaiians and non-Hawaiians to do the same because really... people go to Hawaii to see Hawaiians. They do not go to Hawaii to see Japanese or Filipino women in costumes pretending to be Hawaiian. Say Yes to protecting the iwi (or "bones.") The iwi that basically defines Hawaiians and who we are. Just saying....


On protecting the iwi that is inside of me and in all Hawaiians: More on Eddie Ayau of Hui Malama

In the article that I posted earlier this part made me tear up:

At yesterday's court proceeding, Ezra denied a request to release Ayau. Ezra asked Ayau if he had changed his mind about giving the court the information.

"No, your honor," Ayau replied.

Ayau has said that retrieving the items is desecration and a violation of his constitutional right to freedom of religion.

Seen at http://starbulletin.com/2006/01/06/news/story02.html

I don't know if people understand how difficult it can be to be Hawaiian. I mean... really. We often live in parallel worlds. That is, the Haole World and the Hawaiian World. Some of us live in quad worlds as in the Haole World, the Hawaiian World, the Asian World, and the Latina World. That is what I am accustomed to since I am English, Hawaiian, Chinese, and Portuguese but to me the most difficult is the equilibrium between the Haole World and the Hawaiian World.

When Ayau supposedly said that retrieving the items is desecration and a violation of his constitutional right to freedom of religion I can understand him. I can also understand his predicament. However do people have mercy on him and on other Hawaiians like him? Unfortunately they do not. That deeply saddens me but without sadness there can be no happiness.

It brings me much happiness when I see Ayau and others like him. I still fully support Edward Halealoha Ayau and other people... Hawaiian and non-Hawaiian... who try to protect the iwi. It makes me very happy to see these people put their neck out on the line for the iwi. The iwi that is inside of me. As well as inside other Hawaiians. For anyone to protect the iwi... wow... it impresses me greatly... and that is what Eddie Ayau is doing. Therefore I FULLY support him and others like him whether they are Hawaiian or non-Hawaiian. Protecting the iwi is very important to me and again... that is what Hui Malama is doing as well as Eddie Ayau. Props to them and to him for protecting the iwi.


Ken Conklin tried to do it. Jere Krischel is trying to do it again too.

An excerpt of Jere's attempt to try to discredit me with other Hawaiians. Like how I told him in this excerpt... he and Ken CANNOT fool Hawaiians. That is why many Hawaiians do not argue with me because they know that I am pro-Hawaiian. In addition I fully expect them to do this but like I tell Jere in this excerpt... he and others CANNOT fool Hawaiians. They are too smart to be fooled. Then again Umiamaka will try to do that. That is, try to deceive other Hawaiians. Note that I call him (as well as Ken Conklin) "Umiamaka"... the Deceiver:

Jere: "I mean, scott, you and I disagree a hell of a lot, but a few minor bad hair days aside, we manage to keep the conversation rational, courteous and informative."

Me: And your point is? I disagree with Keiki that "Hawaiian" means "Hawaiian national." I disagree with Derek that it is up to Hawaiians to ask OHA for help. I disagree with my twin sister too but then people do not agree with every one else 100% unless of course you view Hawaiians as less than human. Thanks for proving my point once again.

Jere: "Even Mr. Laudig, who certainly holds me in low regard, is diligent about giving references, explaining case law, and drawing conclusions from evidence.

You know, I've got to stop putting her in the same category as other sovereignty activists - I'm probably treating all of you genuine sovereignty activists with unfair disdain because of her rants."

Me: They are not rants. They are called MANA O. Do you know what that is. If not... look it up.

Jere: "Let me humbly apologize to you scott, Mr. Laudig, Kaonohi, kelly, kalani, even Mana - I'm sure I've treated you poorly by assuming you were in the same category as ____________. Please forgive my poor assumptions about your rationale and motivation. Although __________ may or may not be on the U.S. psyops payroll, I believe this debate should be held on the merits, not because of any dirty tricks. I will endeavor to treat you all with the dignity and respect that you deserve, and not let my impression of _______ taint my perception of you all.

Me: I love it how you attempt to apologize to others in order for them to agree with you. Umiamaka. Also anyone who knows me knows how pro-Hawaiian I am. That is why they do not argue with me nor fight with me, Jere. However your attempts to try to discredit me... well you are insulting their intelligence. Hawaiians are MUCH smarter than that. PLEASE DO NOT INSULT THEIR INTELLIGENCE as you are trying to do. Mahalo in advance.


More on Ken Conklin and on Jere Krischel

I am reposting this here since some people are curious. Here is another excerpt of another example of Ken Conklin and Jere Krischel insulting the intelligence of Hawaiians which I do NOT appreciate so of course I defend my Hawaiian cousins as all Hawaiians are related to each other as we are descendants of Wakea and Papa:

Jere: "Nice capsule review _____. Each one of the exerpts seems to be fairly well argued -> is there something in there you want to contradict?

Me: Contradict? No. It is called preserving our culture but I realize that Ken and perhaps you want to dismiss parts of our culture which in turn dismisses Hawaiians. I will NOT allow that to happen. That is why your attempts to try to discredit me with my Hawaiian cousins will fail. Hawaiians are smarter than that, Jere. Again... PLEASE do not insult their intelligence.

Secondly, to answer your question here are a FEW debateable points:

1. Conklin writes in his footnotes:

"Increasingly today, terms like “Hawaiian culture,” “Native Hawaiian,” and “oral history” are being tossed around by people who do not define them or use them in any consistent way, and who intentionally capitalize on their vagueness to carry meanings from one context into other contexts where those meanings may be inappropriate."

That is inaccurate. Hawaiians whom I know use the terms accurately. Then again how many Hawaiians does Ken know? Again... he tries to dismiss our culture and/or parts of our culture in order to TRY to dismiss us (Hawaiians.)

2. Conklin writes:

"Just as the word "'ohana" did not exist until recent times."

That is untrue and inaccurate. Since I was a child BEFORE Disney's Lilo and Stitch... my family (close and extended) have used it. Again... Ken tries to discredit part of our culture (i.e. our language) in order to dismiss US.

3. Conklin asserts:

"Therefore, the activists are systematically ignoring white heroes of the Hawaiian Kingdom who had no native blood."

That in accurate. Nogelmeier was hanai yet MANY Hawaiians embrace him as a part of our culture and part of US. Again... he (Ken) tries to dismiss the realities of Hawaiians. Anyone who knows Hawaiians knows that MOST OF US are of mixed ethnicities. Our ancestors have spread their legs to non-Hawaiians. WE are part non-Hawaiian too yet he spreads misinformation about us once again.

These are JUST A FEW. Again... PLEASE do not insult the intelligence of Hawaiians. They are much smarter than you are alluding to and they are the very ones who already know what Ken is trying to do. That is... he is trying to dismiss the Hawaiian culture in order to dismiss Hawaiians. They are not easily fooled nor will they be easily fooled by you or by him. PLEASE respect their intelligence instead of insulting it.

Also... anyone who knows me knows that once anyone attacks Hawaiians... whoa... dey bettah watch out. The Ka U and the Big Island Hawaiian quickly comes out of me and they quickly see me protect Hawaiians. I simply do not and will NOT tolerate Ken Conklin nor Jere Krischel to try to dismiss our culture, the Hawaiian culture, in order to TRY to dismiss us, Hawaiians. Whoa boy... the Ka U and the Big Island Hawaiian is coming out of me. I can just feel it....

Anyway that is why it annoys me when some people try to make "Hawaiian sovereignty" complicated in hopes that it instills fear in people, Hawaiian and non-Hawaiian, but Hawaiian sovereignty is simple. It's about defining who we are and defining our destiny. Note that it is NOT about violating other people's civil rights. That's what the deceivers try to lead people to believe but that's not true about Hawaiian sovereignty and about Hawaiian sovereignty supporters. Just saying. I do not like it when people instill fear in people about Hawaiians. The last 47 years speak for itself as Hawaii has been a state of the United States since 1959. Have we violated other people's rights? No. However we are determined to fight for our rights because we have rights too. Thus Hawaiian sovereignty. It's about defining who we are and defining our destiny. There is nothing spooky nor scary about that. Just saying.