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Hawaii Reporter

Freedom to Report Real News

The Good, the Bad, the Ugly and the Felons in the Hawaii Superferry Fiasco
Message to Hawaii’s Youth from Hawaii Superferry Opponents: This is 'A Good Day to Die'; A Story from a Felon and a Spiritual Advisor Who Can Also be Your Attorney in the Kingdom of Hawaii; 'Shame on the Media, Shame on the Lawmakers, Shame on the Governor; 9 Things to Ponder By Malia Zimmerman, 11/7/2007 3:53:42 PM Message to Hawaii’s Youth from Hawaii Superferry Opponents: This is “A Good Day to Die” The national magazine -- Surferspath.com -- a popular publication for Hawaii’s young surfers, published a controversial editorial on Nov. 5 by Jim Albertini and Lanny Sinkin entitled “Block the Hawaii Superferry.” See the article here: http://tinyurl.com/32obhw Their nearly 800 word piece encourages Hawaii’s youth to “make the proper arrangements” before they take action against the Hawaii Superferry and the “lawless conspiracy” that has allowed it to sail. “At the call of the governor, the Legislature passed a law permitting Superferry to violate the law as established by the Hawaii Supreme Court. Those who understand the unconstitutional, illegal, and immoral nature of this act are left to respond. We do not come to convince or discourage. We come only to urge you to follow carefully the last step of non-violent resistance. After you have examined the facts, studied the law, examined your heart and conscience, and decided that action must be taken, the last step is to fully inform yourself of the consequences and made proper arrangements.” For those readers wondering what “proper arrangements” implies, yes the authors are talking about those who will die taking on the Hawaii Superferry and the “military, police, other law enforcement and the U.S. Coast Guard.” “You need to be prepared for these forces (military, police and other law enforcement and U.S. Coast Guard) to act without restraint resulting in possible physical injury or death. There is also the possibility of accident in the turmoil of numerous boats, swimmers, and surfers in an ocean environment. In that sense you have to be prepared at the level of the Native American who decided when it was 'a good day to die.'” The editorial gives advice for those preparing to die: “Practically, you need to prepare a last will and testament, make ho’oponopono with anyone you are not in harmony with, receive the blessing of your family and friends, and otherwise arrange all your personal affairs. The community, particularly the spiritual practitioners, need to provide you with a cleansing ceremony to prepare your body, mind, and spirit to greet the Spiritual Hierarchy that awaits

your return.” They warn those people not killed by the government, may be arrested by law enforcement for protesting the Hawaii Superferry and will face “a different set of circumstances” including “being charged with federal and state criminal offenses, subject to prosecution by special federal prosecutors sent to Hawaii to inflict maximum penalties on people who defied authority, even though that authority was exercised illegitimately. You will be drained of all your assets shuttling back and forth to court in Honolulu. You will be subject to conditions of bail that limit your mobility and freedom. You may receive extended sentences in federal or state prison; just violating the security zone subjects you to ten years in prison and substantial monetary fines. The felony conviction will follow you the rest of your life. There may be no possibility of parole under certain charges. You may have to be in prison up to 80 percent of your sentence before release for ‘good time served.’” Before being arrested, it is a good idea to transfer personal assets to another party so the government (a.k.a. taxpayers) will have to pay for both the prosecution and the defense, they say: “The hooponopono, the family blessing, the arranging of personal affairs, transferring your assets to someone else so that you can proceed legally in forma pauperis (make the government pay for everything), and a cleansing ceremony are all part of completing your preparation.” Even though an estimated 80 percent of the Hawaii population (according to testimony at the Hawaii State Legislature and several media polls) wants the Hawaii Superferry to sail pronto, they tell potential protesters that the “community that loves and supports your needs to take further actions to make the return of the Superferry manifest as the disgraceful and unwelcome event it truly is, whether through demonstrations, general strike, or other non-violent resistance and rejection.” In the end of their diatribe, they end with the topic of death, once again: “There is no one to stand in judgment of whatever you decide to do. As one kahuna teaches: ‘When I get to Heaven, God is not going to ask me how you did.’” A Story from a Felon and a Spiritual Advisor Who Can Also be Your Attorney in the Kingdom of Hawaii Jim Albertini of Kurtistown Big Island has a criminal history -- he spent a year in federal prison for jumping into the Hilo Harbor to protest the entry of a naval vessel that he says was carrying nuclear weapons. Besides boasting about his incarceration in his biography at the end of the editorial, he lists himself as the “founder and president of Malu Aina Center for Non-Violent Education and Action who has spent his entire life working for peace, justice, protection of the Earth and freedom.” Lanny Sinkin of Hilo, Hawaii, claims he is an attorney at Law (Federal Practice) and Alii Manao Nui (Chief Advocate and Spiritual Advisor) by appointment of Alii Nui Moi (King) Edmund Kelii Silva, Jr. Technically he is not allowed to practice law in Hawaii, according to the Hawaii State Bar Association, because he is not a Bar member. But that hasn’t stopped him from acting as a lawyer in federal court claiming he is “an attorney for the United States legal system and the Kingdom of Hawaii.” He filed a federal complaint against the U.S. Coast Guard related to its protective zone for the Hawaii Superferry in Nawiliwili Harbor recently using on his petition three visitors to Kauai who claimed they were residents when in fact they live in San Diego. But likely Sinkin’s most bizarre lawsuit was filed against President George W. Bush and then Defense Secretary Donald Rumsfeld in 2004 claiming he was doing so for the whales and dolphins who are opposed to military sonar testing. Ninth Circuit Court Judge William A. Fletcher wrote on Oct. 24, 2004, in his decision on Sinkin’s case: "We are asked to decide whether the world's cetaceans have standing to bring suit in their own name under the Endangered Species Act, the Marine Mammal Protection Act, the National Environmental Protection Act, and the Administrative Procedure Act. We hold that cetaceans do not have standing under these statutes. … If lawmakers ‘intended to take the extraordinary step of authorizing animals as well as people and legal entities to sue,’ they could, and should, have said so plainly.” See more about the lawsuit here: http://cetaceancommunity.com/ Sinkin claims in his biography that he has spent “most of his life working for peace, justice, protection of the Earth, and freedom.” Both writers claim to be “kupunas” -- or a senior with “a powerful source of wisdom.” It is a bold claim since the term “Kupuna” is typically given to Hawaiian seniors who are greatly respected by their families and their communities and considered tremendous resources for their expertise on Hawaiian cultural practice, traditions or history. As to http://www.Surferspath.com -- the editors did not return emails to Hawaii Reporter seeking comment on this editorial, but they do say about their publication: “The Surfer's Path is unique in the surf media world. Not only is it the first truly 'green' surf magazine - printed on 100 percent post consumer recycled paper with non-GMO soy based

inks -- it also offers a more eclectic angle at the surfing world than any other magazine. There's a strong travel focus, profiles of unusual characters and stories from all walks of surfing life, as well as its hugely influential stance on environmental issues affecting surfers. The photos and stories come from the best in the business, from all around the world. Where ever you are on the path, it offers inspiration, vision, entertainment, and of course, 100 percent no nonsense stoke.” Shame on the Media, Shame on the Lawmakers, Shame on the Governor Hawaii’s most popular Morning Radio Show Hosts, KSSK's Michael Perry and Larry Price, aired their serious concerns over the Surferspath.com editorial on their Wednesday morning newscast. Several callers to the KSSK morning show said the piece by Jim Albertini and Lanny Sinkin resembled “commercial terrorism” or a terrorist’s training manual. Both Perry and Price have expressed their frustration over what they say has been one-sided reporting by Hawaii’s mainstream media against the Hawaii Superferry. Giving credibility to people like Jim Albertini and Lanny Sinkin and other protest groups without also investigating them, boils down to “media malpractice,” Perry said. They also note that the media, lawmakers and the governor have been quick to give credibility to people who deem themselves “environmentalists” without any justification for calling themselves that. “Shame on the media, shame on the lawmakers, shame on the governor,” Perry chided. The morning duo have highlighted some of the groups involved in stopping the Hawaii Superferry from sailing through the court and how they seem to lack credibility. One example is the Kahului Harbor Coalition, one of three plaintiffs that filed the lawsuit that went all the way to the Hawaii Supreme Court and successfully stopped the Hawaii Superferry from docking in Maui’s Kahului Harbor Coalition. According to a public records check, this group isn’t registered as any sort of legal entity with the state Department of Commerce and Consumer Affairs or with Guidestar.org, the Web site that lists the non-profits throughout the country.

The organization doesn’t have a professional Web site either -- instead it prominently features a picture of a woman “barfing” on the Hawaii Superferry with a banner headline that says “wish you weren’t here” and it also offers a downloadable poster graphic that says “Impeach Lingle” with a line drawn through Gov. Lingle’s face. Maui Tomorrow, the second of three plaintiffs suing to stop the Hawaii Superferry from docking in Maui’s Kahului Harbor, which aligned itself with the Kahului Harbor Coalition, is listed with Guidestar as a non-profit 501-c-3 organization. The Web site says the group brought in $80,700 in 2006 in donations and this year spent more than $33,439 to independent contractors including Isaac Hall, the attorney who filed the lawsuit to stop the Hawaii Superferry. Their income and expenses for 2007 are not yet posted. As an aside, Maui Tomorrow’s Executive Director, Irene Bowie, is a founding member of the Pacific Whale Foundation, an organization that took a key role in the lawsuit to stop the Hawaii Superferry, claiming the Superferry would hit whales because it moves too fast. Only the organization’s president never disclosed in court that the Pacific Whale Foundation’s boat had actually hit two whales in 2006 off of Maui, severely injuring the calf. The Sierra Club, Maui Chapter, the third plaintiff suing to stop the Hawaii Superferry, which partnered with both Maui Tomorrow and the Kahului Harbor Coalition, isn’t even headquartered in Hawaii. The group asks for donations to its 501-c-3 to be mailed to the Sierra Club Foundation in San Francisco, California. Yet another group trying to stop the Hawaii Superferry through protests is the Malu Aina Center for Non-Violent Education and Action -- an organization run by Jim Albertini that claims to be “…a spiritual community based on peace, justice and sustainable organic farming” and a place where “peacemakers” gather. Of course the director is the same person writing in Surferpath.com about how to prepare to die to stop the Hawaii Superferry. As an aside, the Big Island-based organization isn’t listed on the state DCCA or Guidestar as either an Hawaii organization or a non-profit. 9 Things to Ponder Why did so many of the protesters against the Hawaii Superferry sleep through Civics 101 class? They keep saying that the Legislature and governor are violating the law by calling a special legislative session and going against the Hawaii Supreme Court’s ruling. But the Legislature does that all the time. In fact, during the special session that just ended, Act 1 was to fix the extended sentencing law, which the Hawaii Supreme Court said was not enforceable. Act 2 related to the Hawaii Superferry. Every child should learn in grade school that the Legislature makes the law and the court interprets the law. If the Legislature doesn’t like the interpretation, its 76 members go back and rewrite the legislation, the governor approves it, and then there is a new law. That is the American system and yes -- Hawaii is still part of the United States, although there is a sovereignty movement to change that. Why are the Hawaii State Legislature, the governor and the courts even in negotiations with these protest groups that only represent the minority, some that only exist in the minds of these so called “environmentalists?” Why did the governor impose 40 additional conditions on the Hawaii Superferry before it can operate in order to appease the so called environmental groups, when the protesters want to impeach her and when the group’s Web sites say disrespectful things like “Linda Screws the Neighbor Islands” and add that “… the conditions are “deceptive and calculatedly misleading” and “nothing more than hot air with no way to enforce them.” They will never be satisfied unless the Superferry is sunk. Why is the federal court allowing a so-called attorney for the “Kingdom of Hawaii” -- who might very well be the only person on the planet to file a lawsuit on behalf of whales and dolphins against President George W. Bush -- to represent himself as a professional in Hawaii’s federal court?

How does the Kahului Harbor Coalition, which doesn’t exist on any paper we can find in public record, have standing as a plaintiff in court? Why does the news magazine -- Surferpath.com -- boast that it uses “non-GMO soy based ink” on recycled paper? Why does it matter if the product is GMO if isn’t being consumed? Isn’t this taking the whole green thing a little far? Is Lanny Sinkin the perfect name for someone trying to sink the Superferry? Not to pick on Lanny Sinkin, but he calls himself an “Alii Manao Nui (Chief Advocate and Spiritual Advisor),” and he says he gives appointments only “by order of Alii Nui Moi (King) Edmund Kelii Silva, Jr.” Silva, Jr. claims he is “King of the Kingdom of Hawaii” and a “Royal majesty” and a former real estate executive for Century 21 Kaiulani Properties Inc. He also admits to being incarcerated for 12 years of a 24-year prison sentence for non-repayment of a loan in the state of Colorado. Chief Silva Jr. of Colorado? Is that a first in the Hawaiian monarchy? Why is a self proclaimed lawyer for the Kingdom of Hawaii and his co-author, a federal felon, being allowed to publish a diatribe on a popular surfing Web site that tells children how to prepare to die to stop the Hawaii Superferry? Reach Malia Zimmerman, editor of Hawaii Reporter, at mailto:Malia@hawaiireporter.com Blonde Uprising... © 2007 Hawaii Reporter, Inc.