by Andrew Walden
Self-styled King of Hawaii, Ed K Silva Jr, is again 'ordering' David K Sai to stop lying about Sai's alleged accomplishments on behalf of restoration of the Hawaiian Kingdom.
Silva's ghostwriter provides a point-by-point debunk of several of Sai's claims about recent court appearances.
Like many sovereignty activists, both Sai and Silva are criminals. Both have felony convictions for scamming money from native Hawaiians.
Sai was convicted in 2000 of Class B felony theft for his part in the Perfect Title scam which involved conning Hawaiians out of $4000 each for worthless documents purporting to show that homeowners need not pay their mortgage because the Hawaiian Kingdom was overthrown. He allegedly raked in $400K, causing some Hawaiian families to lose their homes in the process. He got off with a slap on the wrist and then was then given a Ph&D from UH Manoa which he has more recently used to re-start his scheme. OHA has given Sai $95,000 in recent years.
Silva sold approximately $500K worth of worthless 'Hawaiian Kingdom' bonds. He did 13 years in a federal penitentiary but is back out on the streets now. Silva's sidekick, Lanny Sinkin, recently returned to the Big Island from Texas where he had been hustling solar panels while his majesty was in the hoosegow.
Full text of Silva's August 3 letter follows:
August 3, 2015
To: Dr. David "Keanu" Sai
P.O. Box 2194 Honolulu, Hawai’i 96805-2194
Subject: "Cease and Desist from Misrepresentation"
Aloha Dr. Sai,
This was a difficult letter for me to author, as I am a person that wants to support everyone who is willing to stand up for a principal without compromising the truth. Some years back my detractors suggested that being King of this nation was, to a certain extent, about character and they were right, because it is. As king, there are many responsibilities that weigh upon my shoulders and one of them is protecting our people from false information espoused by you and your attorney.
Your behavior is misleading, misdirected, dangerous and harmful to the sensibility and spirit of our people. Many are already walking about with decapitated spirits not knowing whom they can trust to lead and guide them. For them, discerning what is the truth has become emotionally challenging and taxing upon their ability to reason because they still do wish to trust.
For this reason, I find myself having to compose this letter ordering you to cease and desist in perverting the facts so stated in this narrative. Your actions have the propensity of destroying the fabric of genuine faith, belief and innocence of our people, who are honestly longing to see all of us united as one Nation. Your fabrication of the truth divides us and prevents unification.
Therefore, it is with increasing disappointment that I watch you continuously misleading the people. While much of your work is valuable and useful to the movement to restore our nation, you seem to be incapable of controlling your impulse to exaggerate and even deliberately present a false analysis to make it appear you are achieving great things.
The Moloka’i Case:
You emerged from a hearing in the case dealing with the Moloka’i fisherman to announce that the Judge had declared that the Kingdom still exists.
In fact, the opposite was true. Dexter Kaiama filed a motion seeking to dismiss the case arguing that the court lacked jurisdiction because the Kingdom still exists. The Judge DENIED the motion, REJECTING the argument that the Kingdom still exists.
You then misrepresented what happened in court. You claimed that the judge had ruled that the Kingdom still exists because he accepted into the record an opinion paper that you wrote, in which you argued that the Kingdom still exists. You said that the judge taking judicial notice of that paper constituted a finding that the Kingdom still exists.
As you well know, a judge can take judicial notice of a matter about which there is NO CONTROVERSY. Would you have us believe that the proposition that the Kingdom continues to exist is an accepted truth about which there is no controversy? I am sure that contention would come as a complete surprise to the judges who have ruled otherwise and to the general public.
What your lawyer did was to submit a group of documents to the Court and ask that the Court take judicial notice of the documents. All the documents except one were the type of documents that could be accepted because there is no question about them. For example, no one contests the contents of the Geneva Accords, so the Court can take judicial notice of the Geneva Accords.
Similarly, an excerpt from the Congressional Record is a document about which there is no contest.
Those are the types of documents your lawyer submitted until he got to the last document. Then he asked the Court to include your opinion paper that concluded that the Kingdom still exists. The judge allowed that paper to join all the others.
Which is more reasonable to conclude: your lawyer slipped one past the judge or the judge was ruling that the Kingdom still exists?
Even if you were so brazen as to argue the judge so ruled, how would you then explain his refusal to find that he lacked jurisdiction because the Kingdom still exists? If he truly believed that the matter of the Kingdom’s existence is beyond dispute, why did he deny the motion to dismiss on those grounds?
Most obviously, would a judge really make such a momentous ruling by granting judicial notice of some academic paper on the status of the Kingdom and bury such a ruling in a series of rulings taking judicial notice of other, non-controversial documents? Do you really believe that the judge thinks he ruled that the Kingdom still exists?
Unfortunately, I do not think you believe the judge made such a ruling. I think that instead you were willing to totally misrepresent what happened in the court in order to make it look like you achieved some great ruling. That self-serving act has misled thousands of people into believing that there was such a ruling when in fact there was no such ruling.
The Switzerland Case:
You filed a war crimes allegation against various individuals in the Hague.
Unfortunately, you or your attorney misunderstood the timing requirements and failed to file necessary paperwork in a timely fashion, so the court dismissed the filing as untimely.
In the dismissal order, the Court took note of what you had argued. Your arguments included one that the treaties entered into by the Kingdom are still viable today. The Court noted that you had made that argument. While I would certainly agree with that argument, the court was merely noting what YOU argued, NOT entering a ruling.
Yet you then announced publicly that the SWISS COURT had found that the treaties are still in effect. The court actually dismissed your complaint as untimely and made no such ruling.
Again, your misrepresentation is deliberate. You knew full well that the court had dismissed your complaint as untimely. How could the court have possibly ruled on the merits of a case dismissed before it could be heard?
Similarly, you presented as remarkable that the court had named the individuals against whom you had brought charges, demonstrating that those individuals would be potentially subject to war crimes trials.
There was nothing remarkable about the Court taking note of the names. The court did nothing more than restate the names of the people that YOU named in your complaint, on its way to dismissing your complaint.
In 2001, you went to the Hague with a case in the name of Lance Larsen. You returned proclaiming that you had achieved some great legal victory.
In fact, much like the Moloka’i case and the Swiss case, your claim was hollow. The Arbitral Tribunal essentially ruled that the United States was a necessary party and, because the United States refused to appear, the Tribunal could not address the merits of the case. Because the Tribunal did not hear the case on the merits, the Tribunal made no rulings that you could proclaim as your achievement.
The “Occupation” of Hawai’i:
You have just returned from a trip to New Zealand where you convinced an indigenous leader in that country that the United States has committed war crimes. You convinced her that “[t]he U.S. unilaterally seized the islands of Hawai‘i back in 1898 for military interests during the Spanish-American war, and have remained there as illegal occupiers ever since.”
1. Did the United States invade Hawai’i in 1898? No.
2. Did the United States set up a military government in Hawai’i in 1898? No.
3. Was the Republic of Hawai’i an occupied country? No.
4. Did the rules governing the behavior of a military government in an occupied country apply to Hawai’i? No.
5. Did the Republic of Hawai’i make an agreement that allowed the United States to use Hawai’i as a refueling station for U.S military forces engaged in the war? Yes.
This fallacy of occupation that you have foisted on the people is similar to your presentation on General Orders 101.
This directive to military personnel by the Secretary of War governed the behavior of MILITARY PERSONNEL participating in the occupation of areas previously under Spanish rule during the Spanish American War.
The directive applied to the military governments established by the United States in Cuba and Puerto Rico. Again, there was no military government in Hawai’i to which the General Order might apply.
As a footnote to your deception, you acknowledge that the United States “annexed” Hawai’i through a joint resolution on July 7, 1898. There was, therefore, no need for a military expedition into Hawai’i and certainly no application to Hawai’i of General Order 101 issued on July 17, 1898, i.e. after the “annexation.”
On your blog you state:
“General Orders No. 101 is a lawful order that has not been complied with for over a century and the excuse that the Order is not relevant because the U.S. Congress annexed the Hawaiian Islands by a joint resolution of annexation on July 7, 1898 is also a violation of customary international law previously recognized by the United States.”
You attempt to dismiss the historical fact that the United States did not invade Hawai’i in 1898 by misdirecting attention to the argument that the annexation was not legally performed.
I agree with you completely that the annexation was illegal. That does not alter the FACT that the United States did not invade Hawai’i and set up a military government.
If you were just some crackpot researcher spinning out fanciful theories and artificial histories, I would not bother with you. Unfortunately for all of us, there are hundreds of people who really appreciate your work and believe what you say. Why you trade on your credibility to plant seeds of false law, false history, and false analysis is beyond me. I just know that you have to stop committing what amounts to a fraud on the people.
One of the effects of your misdirection is a failure to address our actual situation. The United States overthrew the Kingdom Government and recognized a collection of traitors as the new government. That action is similar to the creation of the Vichy Government in France by the German invaders in World War II. When the Germans were driven out of France, the previous government was restored and the Vichy government was dissolved.
In the case of Hawai’i, the Vichy Government is still in place. Whether called the Provisional Government, the Republic of Hawai’i, the Territory of Hawai’i, or the State of Hawai’i, our nation has been governed by the illegitimate spawn created by the United States overthrow of the Kingdom.
In that sense, our nation is unique in the world today. We should address our real situation, instead of trying to shoe horn our history into someone else’s model.
I trust that I will not have to return to this topic because you will be far more careful about the truthfulness and accuracy of your presentations in the future.
True leadership is not about superiority, position, or prestige. It’s about revealing and releasing the potential of those around you. Leadership is not about the power of one, but facilitating the greatness of many. I trust the integrity and character of our people, that they will follow the truth and stand in support of all things pono.
I have warned you in the past about your tendency to misrepresent the truth. Attached is the Proclamation I issued at that time. I do not see any improvement in your behavior since that time.
Ua Mau ke Ea o ka ʻAina i ka Pono,
Edmund K. Silva, Jr.
Ali’i Nui Mō’i
cc: Na Kupuna Council O Hawai’i Nei ame Moku
Ali’i Mana’o Nui Lanny Sinkin
Chief Justice Kingdom Supreme Court
Minister of Foreign Affairs