U.S. Dept of Justice, David C. Farmer, Trustee vs. Bobby N. 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 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:

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.

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.

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.

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:

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.

"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.

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.

"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 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.

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....

NEW DISCOVERIES (05-12-09): More factual evidence of undisclosed conflicts of interest between Judge David A. Ezra and other parties in this case:

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.

"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>

"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>

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.

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 of undisclosed conflicts of interest among various entities involved in this lawsuit, including many, if not all, of the judges involved.

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.

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 company Columbia 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.

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.

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.

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!

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.

§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.

Filipino national in Hawaii became alien by proclamation of Philippine Independence, 183 F.2d 795.

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!!

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 the Univ 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!)

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.

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’s jurisdiction:

RE: CV05-00030 - David Farmer vs. Harmon - Exhibit: "The Freedom To Sing"
and Witnesses: Michael Mukasey and Alberto Gonzales

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

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.

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

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

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.

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:

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.

"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.

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 Airlines paint 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 firm Hospitality Advisors LLC.

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 in bankrupt 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 as Nippon 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.

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>

"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>

Kessner Umebayashi Bain & Matsunaga
220 South King Street, Suite 1900
Honolulu, Hawaii 96813

IN RE: BISHOP, BALDWIN, REWALD, DILLINGHAM & WONG, INC.,
a Hawaii corporation, Debtor.

Appeals from the United States District Court for the District of Hawaii Martin Pence, District Judge, Presiding

Before: J. Clifford Wallace, Mary M. Schroeder, and Arthur A. Alarcon, Circuit Judges.

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.

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.

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 Chief Judge 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.

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 96813
http://www.davislevin.com

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!

The friends of Christian Filipino Victims Foundation, led by Chairman Richard Basuel, ask you to elect former Bishop Estate Trustee Lokelani Lindsey as Mayor of Honolulu. Both are political prisoners.

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,

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.

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

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.

Aloha Airlines, which has been on a fast track to liquidate its assets since filing for bankruptcy in mid-March, said in federal District Court yesterday that it plans to sell the legal claim in its 2006 lawsuit against go! parent Mesa Air Group Inc. to the highest bidder.

"A lawsuit is no different than a propeller," said James Wagner, an attorney for Aloha Chapter 7 trustee Dane Field. "It's an asset and we're going to sell it."

He said a motion would be filed Monday or Tuesday and an auction likely would be held the following week.

Wagner said the likeliest bidder would be Yucaipa Cos. LLC, which is Aloha's majority shareholder and second secured creditor behind Aloha's primary lender, GMAC Commercial Finance LLC. Wagner said Mesa also could be a possible bidder.

"As you can imagine, there's probably very few bidders for this asset," Wagner said.

A winning bid by Yucaipa, which is owed $106.7 million, would allow it to control the lawsuit, while a bid by Mesa would be, in essence, an out-of-court settlement. Aloha is suing Mesa for alleged predatory pricing that helped force Aloha out of business, as well as for allegedly misusing confidential information obtained during Aloha's first bankruptcy.

Last month, Mesa settled a suit with Hawaiian for $52.5 million over the misuse of confidential information.

However, Mesa General Counsel Brian Gillman said yesterday that "we haven't even considered bidding" on the Aloha lawsuit.

"We believe the case is without merit and we intend to vigorously defend the case in any proceeding," he said.

Wagner said that unless Mesa decides to settle, Wagner said Yucaipa likely would be the winning bidder. In that case, Aloha creditors would have to wait until the end of the lawsuit to share in any possible recovery.

GMAC, which initially was owed about $49 million, still is due about $34 million following the sales of Aloha's aviation contract services and cargo divisions. If there is additional money left after GMAC is made whole, then Yucaipa would be next in line for up to the $106.7 million it is owed.

Both GMAC and Yucaipa have said they would give 5 percent of any recovery to Aloha.

Federal Judge David Ezra chastised both parties' attorneys yesterday for letting the case sit for two years with very little action. He said he wouldn't allow the case to sit around as "a bargaining chip."

"We're going to be on the fast track in this case and it's not going to be decided two years from today," Ezra said. "This is a case of some importance to the community, and it's also important to the Mesa shareholders."

Campaign laws could have
been violated and it could
have lost its tax-exempt status

The documents -- discovered last year in the office of former trust manager Namlyn Snow -- include binders containing detailed logs of the attorneys' contributions to the Ige campaign, as well as photocopies of canceled checks to pay for the contributions.

Each attorney or firm contributed $250, for a total of $1,250. All of the checks were received by the Ige campaign on Aug. 17, 1994, and were deposited together in the campaign's bank account on the following day, suggesting that the contributions were bundled by Bishop Estate representatives.

Trust attorneys familiar with the documents said it was clear that Snow, who died last year, had a part in obtaining the donations.

On Monday, the Star-Bulletin reported that an investigation by the attorney general's office had found that the estate engaged in a massive attempt to influence legislation and direct tens of thousands of dollars to isle politicians during the tenure of previous board members Richard "Dickie" Wong, Henry Peters, Lokelani Lindsey, Gerard Jervis and Oswald Stender.

The findings of the attorney general's inquiry, along with documents relating to the law firms' contributions to the Ige campaign, were turned over to the state Campaign Spending Commission last week, which has opened a separate investigation of the trust.

Bob Watada, executive director of the state Campaign Spending Commission, also declined to discuss the law firms' contributions to Ige. But speaking generally, Watada said bundling of contributions could be seen as a campaign contribution made under a false name, which is illegal.

Federal law also bars tax-exempt trusts from making campaign contributions or taking part in a political election. Violations could lead to the loss of a charity's tax-exempt status.

The latest disclosure comes as Ige is facing misdemeanor charges for alleged campaign finance abuses. The charges stem from an alleged campaign laundering scheme involving Bishop Estate's architecture and engineering firms. Ige has pleaded not guilty, and a trial is scheduled for next month.

Birney Bervar, Ige's attorney, declined comment on the latest development involving his client's campaign finances.

Attorneys with the Ashford & Wriston and Dwyer Imanaka firms had no response, while Bill Yuen of the Ching Yuen firm said he could not recall the circumstances of the contributions.

Nakamura, who does civil litigation work for the trust at the law firm of Rush Moore Craven Sutton Morry & Beh, said she remembers purchasing the fund-raiser tickets and attending the event with her parents. Nakamura, who lives in Ige's district, added that she may have purchased the tickets with the assistance of Bishop Estate personnel.

Heihre, formerly known as C. Michael Hare, said his donation to Ige was a personal contribution on his own checking account. But Heihre, a partner in the Cades Schutte Fleming & Wright firm and former chairman of the state Judicial Selection Commission, said he could not recall if he discussed his contribution to Ige with Kamehameha Schools personnel.

Each of the law firms that contributed to the Ige campaign has billed the trust tens of thousands of dollars each year for legal work. Last year, the estate paid the Cades Schutte firm about $1.8 million.

Gov. Linda Lingle has released two lists provided to her by the Judicial Selection Commission from which she will make one appointment to the Circuit Court of the First Circuit to fill the vacancy created by the Dec. 31 retirement of Dan Kochi.

The other appointment will be to fill a vacancy created by the addition of a seventh associate judge to the Intermediate Court of Appeals, the governor's office said Wednesday.

"In her continuing effort to maintain openness in her administration, Gov. Lingle has again elected to make the lists available prior to making the appointments," the governor's office said in a statement.

The commission does not rank the candidates. Lingle has 30 days from receipt of the lists to make her selections. The governor's office invited public comment to Governor.Lingle@hawaii.gov or by fax to (808) 586-0006, by March 19.

President Jeffrey Portnoy called the meeting to order at 11:40 a.m. with a quorum present. The following persons were present for all or part of the meeting:

... e. Judicial Selection Commission – JSC Chair Rosemary Fazio and JSC members Philip Hellreich, Susan Ichinose, Shelton Jim On, and Ralph La Fountaine were present to describe the JSC procedures. Ms. Fazio shared JSC concerns over HSBA’s involvement in the judicial selection process. She referred to an earlier report by the American Judicature Society which stated that it would be more helpful if HSBA gathered comments on the list of judicial candidates which are presented to the appointing authority by the JSC, an issue which has already been addressed by the HSBA Board. Ms. Ichinose stated that JSC is doing more now in the way of trying to get more applicants, visiting neighbor islands to discuss the judicial selection process, working on an electronic application form, etc. President Portnoy welcomed the HSBA-elected representatives on the JSC to come to board meetings more often and report on its activities. ...

EXECUTIVE DIRECTOR’S REPORT – Ms. Flanigan encouraged board members to refer to the HSBA website for all of its activities and even links to the Judiciary’s opinions/calendar. She reported that in 2007, fifty CLE programs were presented and 101 CLE hours offered. She also commented that there were many questions and much confusion on the registration forms, especially question 5 regarding pro bono reporting and question 6 regarding professional liability insurance reporting....

b. Board Procedures on Judicial Appointments – Board members who agreed to review the current board procedures on judicial/executive appointments and present recommendations to improve upon those procedures have met once and will continue to work on proposed amendments to the board procedures.

c. Proposed Amendment to Hawaii Rules of Professional Conduct Rule 7.2 (see agenda item 6.c. and Exhibit C) - Ms. Flanigan reported HSBA is awaiting specific language changes from the Disciplinary Board on this proposed rule that would allow a percentage fee assessment for not-for-profit lawyer referral services....

a. Access to Justice Report (see agenda item 7.a. and Exhibits D and E) - Delivery of Legal Services to the Public Committee Co-chair Mike Gibson presented the proposed resolution of the Access to Justice Hui and asked for HSBA’s support. He noted that results of the legal needs assessment conducted by the Hui indicate that 80% of the legal needs of the poor in Hawaii are unmet.

Action taken: After some discussion, a motion was made, seconded, and carried without opposition to support the proposed resolution of the Access to Justice Report. Ms. Flanigan commented that this is a major commitment of the Board, strategic plan, and staff....

... Since 1987, the year in which the trustees were forced to make public the amount of their fees, they have received in excess of $40 million. Fees paid over the past three years have averaged $900,000 per trustee, per year.

The distracting thing about this piece of the mosaic is that people made responsible for preserving $5 to $10 billion of wealth, and carrying out an educational mission that is as important as it is unique, arguably ought to be highly paid.

We think the more important issue is the credentials of the specific individuals who are being paid these large sums of money. Given the estate's ability to pay big-league compensation, one would expect to find an array of phenomenally talented trustees. Yet somehow, with the exception of Oswald Stender, the Bishop Estate trustees simply don't measure up to the job.

Many people are under the impression that the justices of Hawaii's Supreme Court are legally obligated to select Bishop Estate trustees because that's what the princess put into her will. Not so. Clearly, they don't have to do it. The justices acknowledged as much in 1989 when they refused the request of a woman named Sadie Smith to pick the trustees of her charitable trust.

Acknowledging the obvious impropriety of making trustee selections in their official capacity, the justices tell us they are acting as individuals when they select Bishop Estate trustees. This is a distinction without meaning. To be blunt, it's a dodge.

The reality is that Bishop Estate trustees are selected by five individuals who through no coincidence are also justices of the state Supreme Court. The further reality is that these same five individuals are virtually certain to be called upon to decide cases involving the trustees they select (the estate has been before the Supreme Court at least 18 times in the last 13 years). At a minimum, this creates the appearance of a conflict.

Some people wonder why the justices would stretch logic and judicial ethics to the breaking point just to do something they clearly don't have to do, and then do it poorly.

Can we be blamed for questioning the justices' collective judgment in other areas? After all, if the justices exercise questionable judgment in their individual capacity when selecting trustees, why shouldn't we expect equally questionable decisions in their official capacity? Worse, if selection of trustees is influenced by politics (as we believe it is), why shouldn't the public assume that judicial decisions are equally political?

It is imperative that the Supreme Court enjoy the trust and respect of the entire community. According to Democratic Rep. Ed Case, "The Supreme Court's trustee appointment role has the real potential of undermining and perverting our judicial system, starting with the judicial selection process. Getting out of the Bishop Estate trustee selection business is the single biggest thing the court could do to enhance the court's standing with the public." We agree.

More than 100 years have passed since Mrs. Bishop's death, and if she were here today, she unquestionably would decide some things differently. For example, the princess named five men, who happened to be haole, as the initial trustees of her trust. Does that mean she wanted all future trustees to be of that same make up? Of course not.

In fact, the justices and trustees have themselves occasionally ignored the language of the will -- perhaps with good cause. For example, the will says the schools should be primarily vocational, and only secondarily college preparatory. That's changed. The will also specifically expresses a desire that the schools benefit orphans and others in indigent circumstances, and makes no mention of admissions based on academic ability. Again, the will's instructions have been modified to deal with the demands of the time.

The will specifically provides that the trustees must be "persons of the Protestant religion," and no court case has said that such a requirement is invalid. Yet the current justices of Hawaii's Supreme Court, acting as individuals and not as a court, have indicated that they will ignore the will in this respect when selecting new trustees.

Taking refuge in the literal words of the will is more of an excuse than a reason.

To understand why each member of the court would insist upon doing something that we consider unethical, it helps to consider the circumstances of their own selection.

The Judicial Selection Commission is an attempt to take politics out of the selection of judges and justices. A "reform" idea out of the 1978 Constitutional Convention, the commission is a bipartisan group that reviews potential applicants and submits a list to the governor for selection. Previously, the governor alone nominated judges.

One of the most powerful duties of the commission is to decide -- by itself -- whether any judge, or justice, will be retained for another term of 10 years.

We believe that most of the people who served on the commission over the years have been public spirited, well intentioned and capable. But no process, no matter how well designed, will work properly when individuals are determined to manipulate it. For instance, we believe that during the period John Waihee was governor it was common for him to confer ahead of time with several commission members who then would strive to get a predetermined name on each list.

In the words of someone who served on the commission during those years, "If a few members decided ahead of time to do their best to get a particular name on a list, they probably were able to do that. No one is so naive as to think there isn't a certain amount of horse trading going on."

According to a prominent Democratic politician, "The commission always seemed to have at least a few people whose first and foremost allegiance was to Governor Waihee. With people like Warren Price, Tom Enomoto, Michael Hare and Gerry Jervis on the commission, it was easy to get one particular name on a list. The thing, though, is that it already had been determined who was going to get the appointment."

This was the era when the commission put 36-year-old Sharon Himeno on a list for the Supreme Court, from which she was selected by Governor Waihee. It bothered some people that Himeno was Attorney General Warren Price's wife and that she wasn't considered an exceptional lawyer.

But the bigger concern for many was an allegation of a serious ethical lapse in connection with a family corporation's apparent $3 million profit on a back-to-back purchase/sale of a mainland golf course involving Himeno's client, the state Employees' Retirement System. Her nomination to the state's highest court seemed to be based on the fact that she and Price had directed their good friend John Waihee's gubernatorial campaign.

When Judge Walter Heen was interviewed as an applicant for the Hawaii Supreme Court, he was asked by Hare "what kind of person" he might select as Bishop Estate trustee, if he ever had the opportunity to do so. According to David Fairbanks, a current member of the commission, such a question, if asked, would have been "totally improper."

That this question was asked of a candidate for the Supreme Court, by a member of the Judicial Selection Commission, illustrates how the trustee-selection power of justices played a significant role (with respect to some members of the commission) in the consideration of candidates for the state's highest court.

Hare's law firm has been paid more than $10 million in legal fees by the Bishop Estate since 1992. It's an excellent firm, but we find it hard to believe that's the reason it was selected by the trustees.

When it comes to its legal armament, few can match the arsenal that Kamehameha Schools/Bishop Estate can bring to the courtroom.

The $10 billion charitable trust -- the state's largest private landowner -- employs an army of well-connected attorneys that includes a former governor, two former state attorneys general and the former chairman of Hawaii's Republican Party.

The estate's outside legal team also lists House Judiciary Chairman Terrance Tom and Bill McCorriston, a former assistant U.S. attorney who has represented former Mayor Frank Fasi and was on the city Charter Commission.

"With this kind of legal cannon pointed at you, most people would run for cover," said Beadie Dawson, attorney for Na Pua a Ke Ali'i Pauahi, which has criticized trustees' management of Kamehameha Schools.

The estate maintains that it hires attorneys for their expertise. Waihee and Tom were hired because they are good attorneys and not because of their political ties, the estate said.

McCorriston, who is representing the estate in Attorney General Margery Bronster's investigation of the trust, added that the trust is like any major corporation that hires lawyers to represent its diverse legal interests.

For instance, for leasehold and litigation matters, the estate relies on Mike Hare and the Cades Schutte Fleming & Wright law firm. The Verner Liipfert firm conducts much of its Washington, D.C., lobbying, while McCorriston's firm, McCorriston Miho Miller Mukai, has done mostly land-use work, McCorriston said.

Bishop Estate trustee Gerard Jervis considered joining the McCorriston Miho firm several months ago as an outside counsel. But Jervis said he decided against the move because of his heavy workload with the estate.

Jon Miho, one of the firm's founders and a friend of Jervis', added that if Jervis had joined McCorriston Miho, it would have made it more difficult for the firm to do work for the estate.

Jervis also shares close political ties with Washington, D.C.-based Verner Liipfert through its local partner Waihee. Jervis served on the Judicial Selection Commission during the Waihee years.

Verner Liipfert -- whose mainland offices lists former U.S Treasury Secretary Lloyd Bentsen, former Republican presidential candidate Robert Dole and former Texas Gov. Ann Richards on its roster -- also employs prominent labor-relations attorney and former Hawaii GOP head Jared Jossem and Renton Nip, who served as state Land Use Commission chairman during the Waihee years, in its local office.

Former Attorney General Warren Price and his successor, Robert Marks, through their firm serve as outside counsels to Verner Liipfert and have conducted legal work for the estate.

To be sure, the legal work for the estate can be lucrative. According to its tax filings, the estate's nonprofit unit paid nearly $4.2 million in legal fees during the year ending June 30, 1996.

More than half, or $2.75 million, went to Cades Schutte, which does the legal work for the estate's leasehold conversions and some of its real-estate litigation.

Waihee's firm, Verner Liipfert, earned $844,245, while the Ching Yuen & Morikawa firm -- whose partners include longtime Waihee friend Bill Yuen -- was paid $580,603.

The estate paid McCorriston Miho $223,079 in legal fees for the fiscal year 1995 and another $235,050 for the 1993 fiscal year.

Randall Roth, University of Hawaii law professor and co-author of a scathing report that helped launch Bronster's investigation of the estate, criticized the large amount of legal fees that the estate pays each year -- especially since it is a nonprofit organization.

While the estate's attorneys are among the top in town, Roth believes that political connections probably play a key role in who gets selected for its legal work.

"This strikes me as an exorbitant amount of money for a charity to be spending on legal fees, especially when it has its own legal department," said Roth. "We can only wonder if the money is well-spent."

And the spending doesn't include legal bills wracked up by Bishop Estate's for-profit subsidiaries.

The estate declined to disclose the amount of legal fees that its for-profit units incur each year. But recent news reports said the estate spent $500,000 to defend an $86.7 million lawsuit that film producer Frederick Field filed in 1995 over soured real-estate investments on the mainland.

An estate subsidiary, Royal Hawaiian Shopping Center Inc., wracked up at least $500,000 in legal bills in the McKenzie Methane Corp. legal battle.

The estate sued the Houston-based natural gas company's founder Mike McKenzie in 1992, alleging that fraud and mismanagement led them to lose some $60 million in the venture.

The company filed for bankruptcy protection in 1994 and was sold to the estate, which now says it has been able to recoup much of its losses in McKenzie Methane.

McKenzie denied the estate's fraud allegations, saying its hardball tactics have made his life a legal nightmare.

He said the estate wrongly accused him of stealing money from Hawaiian children and that the estate's attorneys hired private investigators -- two former FBI agents -- to harass him.

Suer of estate finds it
tough to hire a lawyer

When Bobby Harmon filed a wrongful termination suit against Bishop Estate in February, he couldn't find a lawyer to take his case.

The former president of the estate's in-house insurance company, P&C Insurance Co., was turned down by eight local law firms because they either did business with the estate or wanted to, said John Goemans, Harmon's attorney.

Some were just afraid to oppose them, he said.

"The reality is that it's virtually impossible to take on the estate," said Goemans.

Harmon sued the estate after the estate sued him for releasing confidential information.

The estate said Harmon was fired for cause and that the firing was upheld by a state Department of Labor review, which denied him unemployment benefits.

Documents released by Harmon contained false and defamatory allegations, the estate has also said.

A Circuit Court judge recently ruled that Harmon violated a court order not to disclose estate information. The court also said that Harmon did not act in bad faith since he was acting on advice of his lawyer.

For Goemans, the Harmon case underscores the estate's clout in Hawaii's legal community and the difficulties of opposing it. Goemans said his client has run up about $20,000 in legal bills.

"Few have the capability of resisting a $10 billion behemoth with an unlimited supply of lawyers who have a clear modus operandi of deluging opponents with paper," Goemans said.

By Rick Daysog, Star-Bulletin

Judge David A. Ezra is expected to testify as to the reasons he did not recuse himself from this case due to multiple and material conflicts of interests.

Three basic issues in this case are: 1) IMPARTIALITY; 2) FREEDOM OF SPEECH; and 3) RIGHT TO A TRIAL BY JURY.

An news article in 2006 in “Hawaii’s Most Wanted” had this to say about Judge David Ezra’s views on these issues:

He’s one of the most well known and visible figures in Hawaii. Turn on the TV or radio, open a local newspaper, and chances are you’ll see his name-- just not in the “Seen around Town” society columns or “People in the News” segment. Outside his office, he tries his best to blend in and go about life with his family; catch a movie, enjoy the evening at a nice restaurant. The nature of his job demands a high level of public anonymity....

As a Chief Judge for the Hawaii District of the U.S. Court’s Ninth District, David Alan Ezra must insulate himself from much of the goings on in the community. He’s careful about what functions he attends, who he meets with, and where he is seen. Anything considered remotely political is strictly off limits. He takes his position seriously and ardently strives for an image of judicial neutrality. Some may deem this social posture as aloof, withdrawn. But to Hawaii’s Chief Federal jurist, it’s necessary.

“Federal Judges may not ever engage in any political activity, may not make any campaign contributions nor attend campaign functions,” said Ezra. “There are a good many social functions that I’m invited to attend but unable to do so because of my position.”

The principle of insulation is essential, says Ezra, to avoid any potential appearance of conflict of interest and to preserve the integrity of the Court. He also says that receiving lifetime appointments as opposed to having to seek election helps maintain that integrity....

“In addition to being Hawaii’s Chief Federal Judge and my position on the Judicial Conference, I am also a member of the Committee on the Administration of the U.S. Bankruptcy System, on which I chair the long-range sub-committee,” said Ezra.

He’s also a member of the governing body of the Judicial Council of the Ninth Circuit, as well as a member of the Executive Committee of the Federal Judges Association. In addition, he sits on the Ninth Circuit Court of Appeals by designation. “Needless to say, I wear a lot of different hats,” he quips.

As a Federal Judge, Ezra is an independent guardian of the U.S. Constitution and bases his decisions upon his interpretation of it. He and the other Hawaii Federal Judges handle cases that deal with U.S. law within the District’s jurisdiction....

As a guardian of the Constitution, Ezra often considers matter of free speech. Ironically, his position dictates that he can’t enjoy some of the very freedoms he defends.

“There are canons of professional ethics that we must and should follow,” said Ezra. “We are under a lot of restrictions about what we can and can’t talk about. One of my most important jobs is to uphold the right of free speech under the First Amendment of the Constitution. But by being a Federal Judge, I’ve largely given up that right to speak out on issues I may be concerned about. That’s the way it has to be.”

“I’m pretty “middle-of-the-road” in terms of my views in respect to the constitution,” said Ezra. “You should not change the Constitution, its meaning, or import simply based on what the social tendencies and tastes of the day are. I’m also cognizant that back when the Constitution was drafted by our founding fathers, I seriously doubt they would have or could have known what our modern life would be about. We presently deal with things like electronic privacy and the Internet, things that the founders couldn’t possibly have contemplated. So, you have to then determine whether the Constitution applies to a case and if so, how? You can’t simply say, “There is no Constitutional right here because it isn’t mentioned in the original text.” You do have to look at the law in view of what is happening today. Having said that, you don’t change or interpret the Constitution to suit your own needs or just on a philosophical whim. The Constitution is a very important document that has only been amended a few times in our history. Judges don’t have the right to amend the document according to their personal likes. But we also need to view it with a mind of what’s going on today.”...

In the most simple of terms, a judge is like a baseball umpire or football referee. They are not on either side, but there to insure the game is played fairly and that the contest is conducted under prescribed guidelines. So where does the Judge stand in the whole dynamic judicial process? The ancient philosopher Socrates said of Judges, “Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.” In theory, the prosecution represents the interests of law enforcement and the public, and the defense represents the constitutional rights of the accused. The judge presides as an unbiased mediator, or as Ezra describes, “An advocate for neither side, but an advocate for the interests of Justice.”

“My job is to be an adjudicator, to make sure there is a level playing field,” said Ezra. “I need to insure both sides have the opportunity to fairly present their case and that the defendant has a presumption of innocence under the Constitution. I also have to insure the government has an ample opportunity to present its case and that the burden of proof lies with the government. If a defendant chooses to represent them self, I have to see that they are afforded a fair opportunity to present their defense. It’s my responsibility that the jury is properly instructed about how to handle a case and that they reach a collective decision that is reflective of an impartial consideration of the facts, without prejudice or bias.”

Ezra’s chief role in the courtroom is to insure the rules are followed and neither side takes unfair advantage of the other. The rules of courtroom litigation dictate what can and cannot be done. As a Federal Judge, Ezra uses three regulatory guidelines-The Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. His job is to make sure every case he hears follow all of these guidelines....

“Quite frankly, I’ve never found it difficult to be impartial,” said Ezra. “I approach that area pretty pragmatically. It’s simply not my job to make that determination. Besides, I’m busy enough up there making sure everyone gets a fair trial; I don’t have time to pick and choose sides. I never have done that and I never will.”

The only exceptions are the rare instances when a defendant waives a jury trial and the judge is called upon to be the “Trier of Fact.” In that case the judge also makes the determination of guilt or innocence. Still, Ezra says this is very rare and the determination best comes from a jury of one’s peers....

“...I have ruled for the Federal Government in a number of cases and I have also ruled against that same government in a number of cases, many of them very important. I decide the cases based on the facts of the law, not on any personal prejudice or opinion, that’s the job people expect me to do.”

NEW DISCOVERY (04-22-08): David Farmer’s undisclosed connections with AIPAC and Judge David Ezra:

In his "MEMORANDUM IN OPPOSITION TO DEBTOR'S MOTION FOR ORDER TO DISAPPROVE APPOINTMENT OF DAVID C. FARMER AS SUCCESSOR TRUSTEE", filed with the Court on August 24, 2007, the Trustee's attorney, Steven Guttman, Esq., of the law firm, Kessner Umebayashi Bain & Matsunaga, stated to the Court:

"... Harmon is once again attempting to create issues of conflict where none exist by attempting to draw connections between phantom dots."...

Mr. Guttman does not elaborate beyond this simple statement of HIS PERSONAL OPINION, as to WHICH of the thousands of connections I have cited that he wishes the Court to accept, without question, as being merely "phantom dots". In other court filings, Mr. Guttman has characterized my Motions as consisting of "conspiracy theories" -- again with no specific references.

Despite these unnamed "phantom dots" and "conspiracy theories", the Court has blithely and unquestionably gone along with Mr. Guttman's opinions and has repeatedly denied ALL Motions that I have made. In fact, both Courts involved have ruled that the Court Clerk shall not accept any future filings from me without the Courts' prior approval - which it has repeatedly declined to give.

Therefore, due to the fact that I continue to discover new, material FACTS almost daily, I am preparing a set of NEW EXHIBITS in which I intend to document the financial, professional, personal, and political connections between the many various entities involved in this case.

The following is a listing of named witnesses in this case who have factual connections with the subject entity. Each underlined name has been linked to a detailed description of that witness to enable the reader to more easily CONNECT THE DOTS TO...

NEW DISCOVERY (04-11-08): Trustee James B. Nicholson failed to disclose that he was the court-appointed bankruptcy trustee for Defendant’s witness, Peter Savio, even though he was asked specifically if he had any business, professional, personal or political relationships with Mr. Savio:

Any interview that focuses on Peter Savio's new company, Hawaiian Island Homes Ltd., will soon focus on another Top 250 company, Central Pacific Bank. Says Savio: "They're malicious. They're vicious. I am going to become a stockholder in Central Pacific Bank. I am going to reform that institution. Their mistake was they stomped me. They didn't kill me. I'm coming back. I'm going to have fun with them."

Go back to the year 2001. Savio Inc., a holding company for eight real estate sales and development companies, was No. 56 on the Top 250, with $134.6 million in 2000 gross sales. But in 2001, Savio Inc. filed for Chapter 7 liquidation, and Peter Savio and his wife filed for personal bankruptcy protection. Savio says he was forced into the bankruptcies because CPB gave him just five days to move from his second-floor offices at 931 University Ave. Savio says he had been in a workout plan with a number of lenders after he started experiencing cash-flow problems in the mid-1990s. But CPB forced his hand.

"The only way to stop them was, I had to file for personal bankruptcy. So to save my employees and everything else, I filed for personal bankruptcy - one of the most difficult decisions I've ever had to make. But I was really pissed at Central Pacific Bank for doing that," he says.

"It was tough," he adds. "Basically I lost everything. Lost my house. Lost everything. Had to basically come back from nothing."

Today, Savio is more than back. His real estate company, Hawaiian Island Homes Ltd., lists 2002 gross sales of $177 million. Its office is downstairs in the same building that Savio Inc.'s once was. And the company is No. 27, ahead of CPB Inc. (No. 49), something Savio will rejoice to read. Savio says, "I've decided that my goal is to beat them in the Top 250. … just so we can say, 'Nannynannybooboo!'"

That's not all. "My short-term and my long-term goal is to reform Central Pacific Bank," Savio says. "I think I'm going to buy the bank."

Ann Takiguchi, Central Pacific Financial's communications officer, says, "We made every effort to work with Mr. Savio, and it is unfortunate that he is blaming us for his situation. Out of respect for our customers' privacy, we have no further comment. As a matter of bank policy, we don't comment on the affairs of our customers."

Bankruptcy court filings show that Central Pacific Bank claimed that Savio Inc. owed it about $1.5 million when Savio filed for bankruptcy in 2001. The Internal Revenue Service and Pitney Bowes Credit Corp. also listed claims of about $2,000 each.

The court-appointed trustee for Savio Inc.'s bankruptcy case, attorney Jim Nicholson, says the only unencumbered asset of the estate, a unit in the Diamond Head Beach apartment building, was sold for $375,000 in June 2003.

Gross sales for Savio's other new company, Hawaiian Island Development, were not reported for this year's Top 250, so one thing is for sure: Next year, he'll be back. Says Savio: "We're going to set up a new holding company called, 'I Hate CPB.' No, my attorney said I couldn't do that. I have a warped sense of humor, OK? But anyway, the new holding company is going to be Ohia Holdings."

Knowing Savio, there is marked symbolism in that choice. After all, the Ohia tree can be found growing in the middle of old lava flows.

NEW DISCOVERY (03/18/08) - David Farmer is the Trustee for Mid-Pac Lumber Company; with original bankruptcy judge being Judge Lloyd King; with current judge being Robert Faris; and with a major creditor of Mid-Pac being lessor, Kamehameha Schools/Bishop Estate. In my RICO lawsuit, I explained how many of the lessees of Bishop Estate properties were overcharged for their pro rata share of insurance coverages due to the fraudulent overcharges made by broker, Marsh & McLennan, and by insurance carriers, Chubb Group and XL Insurance Company:

Gov. Lingle will pick the next chief justice unless
the people alter the Constitution

Gov. Linda Lingle says she wants the next chief justice of the Hawaii Supreme Court to be a hard-working legal scholar who will not legislate from the bench.

Candidates would not be favored if they were prosecutors, "but it wouldn't hurt their chances, either," the Republican governor said in a recent interview with the Star-Bulletin.

Although Attorney General Mark Bennett has been mentioned in legal circles as a top contender, the governor said it is too early to mention any names.

But in explaining the qualities she would like to see in judges, Lingle made clear that she believes they should interpret laws and leave legislation to elected officials.

Her remarks suggest that her appointment of the state's next chief justice could be monumental for the five-member high court. Known for a long tradition of rendering "activist" decisions, the court has been hailed by civil rights advocates but criticized by others as going beyond reviewing and applying the laws.

Lingle's appointment would be the first time that a Republican governor would name a chief justice in more than 40 years. Democratic Gov. John Burns appointed William Richardson in 1966, and Democratic governors appointed the next two: Herman Lum and the current chief justice, Ronald Moon.

The only way Lingle would be prevented from making the appointment is if state lawmakers place on this fall's ballot -- and voters approve -- a proposed constitutional amendment to lift the mandatory retirement for judges who turn 70.

Unless the state Constitution is amended, Moon must retire when he turns 70 on Sept. 4, 2010, about three months before Lingle's term expires.

The state Senate approved a controversial measure last week that raises the mandatory retirement age to 80, and sent the proposal to the state House. But key senators acknowledge that it will be difficult for the amendment to pass because voters rejected a similar proposal in 2006 that eliminated the mandatory retirement provision. Voters rejected the amendment by 80,000 votes, 58 percent to 35 percent.

"It's an uphill battle," said Sen. Brian Taniguchi, Senate judiciary chairman. "I'm not going to die if the bill dies."

Senate President Colleen Hanabusa agreed with the prognosis. "I'm not sure it will make it out of the Legislature because we just put it on the ballot," she said.

Taniguchi maintained that he views the proposal as a civil rights issue against age discrimination and a "compromise" by retaining the retirement age but raising it to 80.

Opponents, including Lingle, contend the measure is aimed at preventing her from naming the next chief justice.

Bennett and City Prosecutor Peter Carlisle, who opposed the 2006 proposal, submitted testimony in opposition to the current measure before Taniguchi's committee last month.

The proposal's supporters include the Hawaii Government Employees Association and the Japanese American Citizens League.

Republican Sen. Fred Hemmings, who voted against the measure last week, said in an interview that the proposal was "petty politics at its worst."

"I think they (Democrats) will try to do whatever they can to put it on the ballot," he said.

Taniguchi said he believes Moon is doing an "all-right job," but said the motivation behind the measure is not to keep him as chief justice. The senator noted that Moon was a Republican before he got to the bench.

The speculation that Bennett will be Lingle's choice has been fueled by his role as a trusted adviser to the governor. In addition, his was one of three names Lingle submitted to the White House for a lifetime tenure as a U.S. district judge here. In 2005, President Bush chose Michael Seabright, now a federal judge, from the list.

The speculation prompted Taniguchi to ask Bennett at last month's hearing about the chief justice's job.

In an interview, Bennett gave the same answer he gave to the senator: If the job somehow opened up now, he would not apply for it.

"My plans right now are, when I'm done as attorney general, to return to private practice and/or teach," he said. "But I would not even begin to speculate about what my feelings might be in two years."

Lingle's appointment would be subject to Senate approval. The Democratic-dominated Senate has rejected some of her appointments, including Ted Hong to the Circuit Court and Randal Lee to the Intermediate Court of Appeals.

But if Lingle gets the names for Moon's replacement early in 2010 and her appointment is rejected, she would be able to name another person from a list of four to six names submitted by the Judicial Selection Commission.

If the Senate rejects all of her choices, the commission would chose the chief justice from its list, according to the state Constitution. The commission's selection would not be subject to Senate approval.

Hanabusa said "it's almost positive" that Bennett will be appointed by the governor. She said one of the criticisms is that he is sometimes almost "overzealous" in representing the administration over the legislative and judicial branches. Hanabusa cited his efforts against the mandatory retirement amendment that was placed before the voters by the Legislature in 2006.

Hemmings, however, said he is a "big fan" of Bennett and applauded him for his work with prosecutors and police in pushing for legislation. "It's hard to deny his success and record," Hemmings said.

Another name mentioned is Mark Recktenwald, a former assistant U.S. attorney who was Lingle's director of the Department of Commerce and Consumer Affairs before the governor named him chief judge of the Intermediate Court of Appeals last year.

Hanabusa said Recktenwald is considered a good administrator and would have support, but indicated senators might wait to see how he does as the chief appeals court judge.

Recktenwald said he has been chief judge for only about 10 months and is focused on doing a good job. "I haven't given consideration to anything else," he said.

Lingle's appointment would oversee a Hawaii Supreme Court whose history includes expanding the public's rights to beaches and surface waters; recognizing the rights of native Hawaiians go onto private property for traditional religious and food gathering practices; and striking down laws the court believed infringed on the rights of criminal defendants.

In its landmark and highly controversial case, the high court issued a 1993 decision that paved the way for same-sex marriages in Hawaii. That ruling prompted state lawmakers to complain that the court was creating new law, and it led to a constitutional amendment that essentially negated the ruling.

"I continue to try to reflect what the public would like to see in a judiciary, and that is a judiciary that really interprets the laws that elected people pass rather than try to make law as a judge from the bench," Lingle said.

Lingle notes that unlike the three previous Democratic governors, she is not a lawyer who might be familiar with judicial candidates. She suggests that helps bring a fresh prospective to her judicial appointments.

Because her appointments are for 10-year terms, the judges Lingle has selected -- and will select -- will remain on the bench for years after she leaves office.

Lingle said she wants her legacy to be that the courts will be a place where people "get a fair shake."

"I think the very highest achievement you can have for a judiciary is that the average citizen of a state or of a country will get fair treatment no matter who they are," she said.

The Judicial Selection Commission reviews and evaluates applications for all judicial vacancies, and vote, by secret ballot, to select qualified nominees. Established by a 1978 state constitutional amendment, the Commission is governed by the Judicial Selection Commission Rules.

The names of the nominees are then forwarded to the appropriate appointing authority. The governor is the appointing authority to nominate judges of the Supreme Court, Intermediate Court of Appeals, and Circuit Court for an initial ten-year term. The governor selects appointees from a list of not less than four and not more than six names submitted by the Judicial Selection Commission. The commission submits a list of at least six names to the chief justice who nominates judges for district and district family court to six-year terms. All nominations are subject to confirmation by the state senate.

The Commission also determines whether a justice or judge shall be retained in office. The Commission publicizes the fact that a justice or judge is seeking retention so that all persons who might have an interest in the matter be informed of the opportunity to comment.

Comments about justices and judges seeking appointment or retention should be submitted to:

Contact Information:
Judicial Selection Commission
417 South King Street
Honolulu, Hawai`i 96813-2902
Telephone: (808) 538-5200

The Commission is composed of nine members, no more than four of whom may be lawyers. The members, who serve staggered six-year terms, are selected or elected as follows:

Chairperson
Rosemary T. Fazio	Chairperson
Philip Hellreich	Vice-Chairperson
Shelton G.W. Jim On	Secretary

Member	Term	Appointing/Electing Authority
Susan Ichinose	04/02/07 - 04/01/13	(Bar)
Frederick Okumura	04/02/07 - 04/01/13	(CJ)
Melvin I.Chiba	04/02/02 - 04/01/08