Saturday, April 14, 2018
Updated: "The Doctrine of Political Question" Applies to All Land Cases.....Important, Mahalo Joyclynn Costa!
11 years ago on April 13th on a Friday myself and 3 others stood in front a Judge. We were accused of Criminal Trespass II reduced to Simple Trespass. The day we got arrested they put it on the 10 news about activist fighting for "Hawaiian" land. Wrong, we were standing for our rights and kuleana. After being looped in the system for months we had our day in court. The Prosecutor said if we could prove separation of jurisdiction and powers from both the State of Hawaii a...nd the United States the Judge could recognize our claim. Our point was they could not apply their authority on Hawaiian Nationals. There were 16 arrested that day. On April 13 on a Friday I delivered what the prosecutor requested. I handed the clerk, to hand to the Judge, a letter from the late Senator Inouye. He was a United State Senator for the State of Hawaii. (two birds w/ one stone) He could not come to our trial due to a mandated Constitutional Separation of Powers. I looked it up and found within the Separation of Powers was "The Doctrine of Political Question". In this doctrine it speaks of land if created by another Country can not be decided in court. It is of a political matter between the Executives. The Judge took a look at the letter asked a few questions flipped thru his books and accepted my oral motion to dismiss with prejudice.The prosecutor had nothing else to rebut and the Judge rendered a decision to grant the Dismissal with Prejudice. I know this was not of my doing but the grace of ke Akua that worked this case. You see we were not suppose to appear that because the case was already dismissed w/out prejudice. The Judge asked why our names were on the calendar and all they could say was it was a mistake. My dad stood with me and he had his say in court. A week later all others were also dismissed w/prejudice. All 16!!!!
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