View source for History of the Hawaiian Government Reorganization bill in the 109th Congress

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January 2005 through December 2006<br>
(c) Copyright 2005, Kenneth R. Conklin, Ph.D. All rights reserved
=Introduction=
On this page is the history of the Hawaiian Government Reorganization bill (formerly known as the Hawaiian Recognition bill; always known informally as the Akaka bill) during the 109th Congress (January 2005 to December 2006). In the Senate the bill is S.147 as amended; in the House the original version, dormant since it was introduced, is H.R.309

Items are listed in chronological order; therefore, scroll down to the bottom for the latest news.

For a thorough history of the Native Hawaiian Recognition bill from its birth in February 2000 through the present, exposing the pattern of stealth and deception in creating the bill and trying to pass it, see: http://www.angelfire.com/hi2/hawaiiansovereignty/Akakahistory.html

For the complete history of the Akaka bill in the 108th Congress alone (2003-2004), including all versions of the bill's text, and news coverage of political activity related to it (a total of perhaps 200 pages plus links to additional subpages), see: http://www.angelfire.com/hi2/hawaiiansovereignty/AkakaHist108thCong.html

For a short history focusing on the stealth tactics during the 108th Congress, see: http://www.angelfire.com/hi2/hawaiiansovereignty/AkakaStealth20032004.html

IN THE SENATE FOR 2005 THE BILL WAS FAST-TRACKED BY SENATORS INOUYE AND AKAKA BECAUSE OF AN AGREEMENT THEY EXTORTED FROM THE REPUBLICAN LEADERSHIP TOWARD THE END OF 2004. REPUBLICAN LEADERS AGREED TO REFRAIN FROM BLOCKING THE BILL DURING 2005 AND TO ALLOW THE BILL TO BE RESOLVED ON THE SENATE FLOOR NOT LATER THAN AUGUST 7, 2005. FOR DETAILS OF THE HISTORY AND CONTENT OF THAT AGREEMENT, SEE THE CLOSING REMARKS AT THE BOTTOM OF http://www.angelfire.com/hi2/hawaiiansovereignty/AkakaHist108thCong.html

=Synopsis=
During the years 2000 through 2004, Congressional supporters and opponents of the Akaka bill flew below the radar, fighting through use of subtle parliamentary maneuvers rather than open conflict. In the House, Representative Abercrombie was able to pass the bill in 2000 (when nobody knew anything about it) by placing it on the calendar of non-controversial bills to be passed by unanimous consent on a voice vote under suspension of the rules at the dinner hour when only about ten Representatives were present on the floor. For four years thereafter, the bill was routinely passed out of committee but never came to a vote. In the Senate, Hawai’i Senator Inouye used his powerful position as chairman or ranking member of the military appropriations subcommittee to hide the Akaka bill in the form of a single sentence deep inside enormous appropriations bills, where Republican opponents then discovered it and forced its removal. Republican Senator Kyl successfully blocked the bill from coming to a vote on the floor by exercising a Senator’s privilege of placing a "hold" on it. During the 106th, 107th, and 108th Congresses (2000 to 2004) the blll never passed the Senate, but always came within a whisker of passing (by stealth) during the final few days of 2000, 2001, and 2004.

But in 2005 things will be very different, at least in the Senate. That's because in 2004 Republican leaders in the Senate were forced to make an agreement to stop blocking the bill in 2005, in return for an agreement from Senators Inouye and Akaka to stop interfering with about two dozen important bills in 2004 by trying to insert the Akaka bill into them. Everyone expects there will be fireworks in 2005 in the Senate.

Because of expectations that 2005 will be a decisive year for the Akaka bill, substantial political maneuvering took place toward the end of 2004 and in January of 2005, before the bill was formally introduced in the Senate and House.

In Hawai'i, the leaders of the state legislature's House of Representatives decided to create a new Committee on Hawaiian Affairs to handle all legislation focused on "Native Hawaiians" in order to be prepared for a smooth transition "when" the Akaka bill passes. Ethnic Hawaiian activist Representative Sol Kaho'ohalahala was designated to be Chairman of that committee (although he then resigned from the House before the House convened in order to accept a different position as Chairman of the Kaho'olawe Island Reserve Commission).

Newly elected Illinois Senator Barack Obama (Democrat) spent about two weeks visiting family members in Hawai’i during the Christmas holidays. The Hawai'i Democrat Party hosted a fundraiser at which he was the featured speaker. Senator Obama grew up in Hawai'i, and maintains close ties with family members here. Hawai'i politicians are calling Obama "Hawai'i's third Senator" and expect him to support the Akaka bill and other legislation pushed by Senators Akaka and Inouye.

As the United States Senate was just about to convene in Washington, Senator John McCain (R, AZ) announced he opposes the Akaka bill. His opposition is important because he is the new Chairman of the Senate Indian Affairs Committee, replacing Senator Ben Nighthorse Campbell who retired. Senator Campbell had favored the bill. A committee chairman can sidetrack or kill a bill without even bringing it to a vote. Thus there was great consternation among Akaka bill supporters, who wondered whether Senator McCain would block the bill despite the agreement from 2004 by other Republican leaders who pledged not to do so. In the end, Senator McCain said he would not block the bill if the committee members decide to support it.

All these events took place before the Akaka bill was formally introduced in Congress.

Click on the link below to read approximately 30 pages of news reports about these 3 events preliminary to the opening of the 109th Congress:

(1) Creation of a new Committee on Hawaiian Affairs in the Hawai'i House of Representatives in anticipation the Akaka bill will be enacted into law by Congress;

(2) The visit of Illinois Senator Barack Obama to Hawai'i for two weeks in December and the description of him as "Hawai'i's Third Senator";

(3) Senator McCain's announcement that he opposes the Akaka bill, together with the consternation that caused among Akaka bill supporters (especially because he is the new Chairman of the Senate Indian Affairs Committee)

http://www.angelfire.com/hi2/hawaiiansovereignty/AkakaPrelimHist109Cong.html

=January 25 - March 10, 2005=
History of the Akaka Bill From January 25 to March 10, 2005 -- bill introduced; McCain opposed but will not block it; Senate Indian committee hearing; committee amended bill and approved it

Here is an outline of some of the major events to be covered in this segment of the Akaka bill history (about 35 pages of detail):

January 25: Bill introduced in both House and Senate

January 27: Senator McCain announces he will not use his power as committee chairman to kill the bill.

March 1: Senate Select Committee on Indian Affairs holds a hearing (audio/video download available)

Governor Linda Lingle lobbies Senators

March 9: Senate Indian committee holds business meeting and approves Akaka bill with amendment

FOR DETAILS ON THE ABOVE TOPICS (AND MORE), GO TO:

http://www.angelfire.com/hi5/bigfiles3/AkakaHist109Jan25Mar102005.html

=March 11 - June 21, 2005=
History of the Akaka Bill From March 11 to June 21, 2005 -- lobbying for Republican votes; Bruce Fein essays into Congressional Record twice; "Kau Inoa" racial registry less than 5% after 17 months

Here is an outline of some of the major events to be covered in this segment of the Akaka bill history (about 35 pages of detail):

Lobbying for support from Republican Senators and President Bush, by Republican Governor Lingle, Democrat Senators Akaka and Inouye, OHA trustees, and others.

Who is to blame for sluggish progress: Lingle, or Hawai'i's Democrat Senators and Congressmen?

March 17: Bruce Fein 3 major essays entered into Congressional Record by Senator Kyl (R,AZ) as he announces his continuing opposition to the bill.

March 31: Hawai'i state Legislature "informational briefing" by Inouye, Abercrombie, and Case, during Congress' Easter recess

April 17: Senator Kyl demands 45 hours of time on the Senate floor to debate the bill.

April 24: Honolulu Advertiser editorial calls for Congressional hearings to be held in Hawai'i so local people can testify before the bill moves forward. (this idea was ignored).

April 26: "Chief Maui Loa" of the "Hou Band of Native Hawaiians of the Blood" published "An Open Letter to the White House: native Hawaiian sovereignty" in the nationally circulated journal "Indian Country Today" at: http://www.indiancountry.com/content.cfm?id=1096410836

The basic concepts in this document were published as a paid advertisement in the form of a two-page spread in the Honolulu Star-Bulletin (print edition) on April 26, 2005. A photo image of that ad can be seen at: http://www.angelfire.com/hi5/bigfiles3/MauiLoaAkakaAd.jpeg

May 16: Senate Committee on Indian Affairs finally issues its committee report to accompany the bill.

May 20: Amended Akaka bill text finally published on Library of Congress website (amended bill had been approved by committee on March 9)

May 31: "Kau Inoa" racial registry has only 18,000 signatures (less than 5% of those eligible) after 17 months of intensive and expensive advertising and outreach.

June 1: Bruce Fein publishes 49-page booklet "Hawaii Divided Against Itself Cannot Stand" which includes point-by-point rebuttal of Apology resolution of 1993 and of major provisions of Akaka bill.

June 14,15,16: Fein essay entered into Congressional Record by Senator Kyl in three installments

June 21: Senator Akaka whines about Bruce Fein on Senate floor

FOR DETAILS ON THE ABOVE TOPICS (AND MORE), GO TO:

http://www.angelfire.com/hi5/bigfiles3/AkakaHist109Mar11Jun212005.html

=June 22 - July 16, 2005=
History of the Akaka Bill From June 22 to July 16, 2005 -- intense public relations campaigns; McCain announces support for bill; Grassroot Institute survey of all Hawai'i households shows 67% oppose Akaka bill; ethnic Hawaiian opposition to bill; Kyl announces plans for amendments; Department of Justice files objections; House Judiciary sets hearing on unconstitutionality

This was a period of intensive public relations campaigns by opponents to the Akaka bill, plus release of a document from the U.S. Department of Justice identifying major objections to the bill, plus the announcement of a hearing in the House Judiciary Committee regarding the bill's (un)constitutionality. The U.S. Senate is scheduled to begin floor debate on the Akaka bill beginning Monday July 18 and continuing intermittently until a roll call vote perhaps on Wednesday.

Here is an outline of some of the major events to be covered in this segment of the Akaka bill history (about 35 pages of detail):

June 22: U.S. Senate Republican Policy Committee issues a 13-page report blasting the Akaka bill; Lingle, OHA, Inouye, Akaka, Abercrombie, Case, and local newspapers respond.

June 28: Senator McCain announces he will vote in favor of the bill.

July 5: Grassroot Institute of Hawai'i publishes results of a telephone survey of 10,000 Hawai'i households showing that 67% of those who responded to the question oppose the Akaka bill, and 45% will be less likely to vote for any politicians who support the bill. Supporters of the bill attack the survey.

July 7: Constitutional law expert Bruce Fein, repeatedly published in the Congressional Record, challenges Governor Lingle and/or Attorney General Bennett to a public debate (no reply).

July 7: Ethnic Hawaiians opposed to the Akaka bill attend OHA board meeting to demand that OHA provide funding for theim to get their concerns expressed, equal to the funding OHA has spent on lobbying for the bill (millions of dollars).

July 12: Senator Kyl announces plans to introduce an amendment to require approval of the Akaka bill by a majority of Hawai'i citizens; and other undisclosed amendments.

July 13: Assistant Attorney General William Moschella releases a list of Department of Justice objections to the Akaka bill.

July 14: It is announced that the U.S. House Judiciary Subcommittee on the Constitution will hold an oversight hearing entitled: "Can Congress Create A Race-Based Government? -- The Constitutionality of H.R.309/S.147". This hearing will be held on Tuesday, July 19, 2004, at 2:00 p.m. in Room 2141 of the Rayburn House Office Building. Testimony to be presented by Honolulu attorney H. William Burgess available on webpage. Bruce Fein will testify, and also Hawai'i state Attorney General Bennett.

July 15: The Grassroot Institute of Hawaii announces that the survey previously based on 10,000 households was expanded to include all the rest of Hawai'i's 290,000 households, and the results are still essentially the same as before: 67% of those who answer the question oppose the Akaka bill, and 45% would be less likely to vote for any politician who supports the bill. A 33-page document (available for download) was also released that is presumably the testimony to be given by Mark Bennett on Tuesday at the House Judiciary subcommittee: "Position Statement of the Attorney General of the State of Hawaii -- S.147 (The 'Akaka Bill') Is Constitutional."

FOR DETAILS ON THE ABOVE TOPICS (AND MORE), GO TO:

http://www.angelfire.com/hi5/bigfiles3/AkakaHist109Jun22Jul162005.html

=July 17 - July 31, 2005=
History from July 17 through July 31:

The week starting Sunday July 17, 2005 was the most intense period of activity on the Akaka bill since the bill was first introduced in summer 2000. Everyone expected a highly incendiary debate would take place on the Senate floor to be followed by a roll-call vote, with everything wrapping up perhaps Wednesday. A large delegation of activists and lobbyists from the Office of Hawaiian Affairs, Council for Native Hawaiian Advancement, etc., many wearing "Hawaiian-style" clothing, went to Washington to pack the Senate visitor galleries and to lobby in the Senate office building. But The Akaka bill met one roadblock after another in the Senate, including new holds placed on the bill by at least 6 different Republican Senators, and threats by Akaka and Inouye to file a cloture petition. Also, on Tuesday July 19, a hearing on the Akaka bill's (un)constitutionality was held by the U.S. House of Representatives Committee on Judiciary, subcommittee on the Constitution. Senator Kyl took the very unusual step of a Senator submitting his own testimony to that House subcommittee. By the end of the week the Akaka bill was completely bogged down in secret negotiations among attorneys for Akaka, Inouye, the Department of Justice, and Republican opponents to the bill.

On Monday July 25, the Akaka bill still had not been brought to the floor and was not scheduled for any floor time. Senator Akaka appeared live for a ten minute segment on National Public Radio, followed immediately by a ten minute segment with opponent H. William Burgess. From Monday through Thursday there was no mention of the Akaka bill on the floor of the Senate. Finally, at the end of the day (evening actually) on Friday July 29, the last day for the Senate to be in session until September 6, Majority Leader Senator Frist filed a cloture petition for S.147 and announced that a vote on that petition will be the first order of business at 5:30 PM on September 6, 2005 when the Senate returns from its summer recess. The usual requirement for a quorum call prior to a cloture vote on September 6 was waived by unanimous consent. The filing of the cloture petition including Senator Frist's signature fulfills Senator Frist's commitment from 2004 to bring the bill to the floor of the Senate not later than August 7 of 2005. It is unclear whether Senator Frist feels his commitment would also include voting in favor of cloture, although his commitment clearly does not include voting for the bill itself.

Here is an outline of some of the major events covered in detail (more than 100 pages of detail just for the one week of July 17-23, followed by an additional 30 pages for the week from July 24-29 including text of the Congressional Record related to the cloture petition and schedule for September 6):

Sunday, July 17: The stage is set for Senate floor debate starting Monday. Some amendments are expected to accommodate Department of Justice objections and concerns of some Republican Senators.

Monday, July 18: Wall Street Journal opinion column by John Fund expresses conservative concerns over the Akaka bill's unconstitutionality and social consequences. Newspaper reports a public opinion survey that polled every household in Hawai'i showing that 2/3 oppose the Akaka bill.

Monday night and Tuesday, July 19: Republican roadblocks prevent floor debate. At least one Republican Senator placed a hold on the bill despite a commitment last year from the Republican leadership to bring the bill to the floor. Main concerns are gambling, racial separatism, the need for a vote by the people of Hawai'i, and unconstitutionality. Racial registy continues effort to enroll members (only about 5% signed up after 19 months of massive advertising and outreach). Honolulu newspaper editorialize in favor of the bill (again and again over the years!). Hearing held Tuesday in House Judiciary Committee, subcommittee on the Constitution regarding the unconstitutionality of the Akaka bill, is covered in Wednesday's material which includes newspaper coverage of the House subcommittee meeting plus links to Senator Kyl's testimony to this House subcommittee, and a link to a webpage containing testimony by Aloha For All president H. William Burgess, Constitutional law expert Bruce Fein, and Hawai'i Attorney General Mark Bennett and links to listen to playback of the entire two-hour hearing.

Wednesday, July 20: Honolulu Advertiser reports bill will have floor debate before August recess. Group of ethnic Hawaiians gathers petition signatures (already 1,000) and holds rally at 'Iolani Palace opposing Akaka bill. Newspapers report on Tuesday meeting of the House Judiciary Committee, subcommittee on the Constitution (see description just above here); Intensive meetings between senior aides to Senators Akaka and Inouye, with Department of Justice officials and various Republican Senators.

Wednesday night, July 20 through Friday, July 22: Newspapers report Senate debate doubtful this week! Inouye/Akaka getting frustrated. Hawai'i Senators begin talking tough, about cloture motion. More reports about ethnic Hawaiian rally at 'Iolani Palace opposing the Akaka bill, and also demanding hearings be held in Hawai'i. "Hope dims for Akaka bill." More reports about possible cloture motion. Hawai'i Senators say they think Republicans are using "rolling holds" whereby another Senator places a hold on the bill whenever a previous hold is removed under pressure; Hawai'i Senators accuse Republican leadership of reneging on the deal last year to bring the Akaka bill to the floor for a debate and vote before the August recess. On Friday evening Senator Akaka threw out the first pitch in a Washington Nationals' baseball game against the Houston Astros, at a game featuring pregame hula entertainment and Hawaiian-style tailgate parties; Senator Akaka's shirt featured the Hawaiian flag alone -- a symbol regarded in Hawai'i as an endorsement of secessionist sentiment.

Saturday, July 23, 2005: Opposition to the Akaka bill in the House of Representatives began to grow, as members of the Republican Study Committee began gathering signatures on a letter to Speaker Hastert and Majority Leader DeLay asking them to kill the bill.

Monday, July 25, 2005: A Honolulu TV station quotes Senator Akaka saying he "is confident something would happen Monday." But in fact there was no mention of the Akaka bill on the Senate floor throughout all of Monday; and the schedule for Tuesday, announced at the end of Monday's session, also made no mention of the Akaka bill. Meanwhile, on Monday the National Public Radio network broadcast an hour-long live program entitled "Hawaiian Sovereignty, Entitlements & the Akaka bill" including a 10-minute segment with Senator Akaka himself arguing in favor of his bill, followed by Honolulu attorney H. William Burgess, head of Aloha For All, opposing the bill. The "Hawaii Nation" media release about this radio broadcast is provided, and includes a link to the audio file from the radio station.

Tuesday, 26, 2005: A defense authorization bill remained the focus of floor action in the Senate early in the day. However, a cloture petition was filed by 65 Senators -- not on the Akaka bill -- but on a piece of gun liability legislation! The cloture petition forced a period of up to 30 hours of immediate debate on the gun liability bill, to be ended with an immediate vote on the gun bill. The Akaka bill was never mentioned. At the end of the Senate session for Tuesday, when the agenda was announced for Wednesday, there was also no mention of the Akaka bill. However, the Honolulu newspapers continued to report that Senator Akaka intends to file a cloture motion on the Akaka bill and to get floor action before the end of the week.

Wednesday, 27, 2005: Hawai'i newspapers reported that an agreement has been reached among the Republican leadership and the Hawai'i delegation to file a cloture petition late in the week, perhaps to be voted upon on Saturday if the Senate extends its session; but that actual substantive debate is deferred until the Senate returns from its summer break after Labor Day. Meanwhile, throughout Wednesday the Senate spent the entire session debating the gun liability bill, except for brief interruptions to pass some non-controversial bills by unanimous consent on voice vote.

Friday, July 29, 2005: Ken Conklin reporting based on watching the Senate live on C-SPAN. During the final few minutes the Senate was in session before the August recess, Senator Frist officially announced the filing of a cloture petition on the Akaka bill, followed by a cloture petition on H.R.8, a bill to permanently abolish the "death tax." By unanimous consent, it was agreed that those two cloture petitions would be the first two items of business, in that order, when the Senate resumes on Tuesday, September 6, at 5:30 PM Washington time. By unanimous consent, those cloture petitions will be voted on without the usual preliminary quorum call. Thus, 60 votes will be needed to invoke cloture and overcome the holds on the bill, regardless of how many Senators are present. Senator Frist also stated that if cloture passes, there will be a period of uninterrupted debate until debate is finished (or the 30 hour time limit expires) and a vote is taken. Senator Akaka gave a six-minute speech about the bill. The Senate adjourned until September 6. Relevant newspaper articles from Friday through Sunday are provided.

The full text of the Congressional Record including the filing of the cloture petition and Senator Akaka's short speech, are posted at the bottom of this webpage.

FOR DETAILS ON THE ABOVE TOPICS (about 130 pages of detail), GO TO:

http://www.angelfire.com/hi5/bigfiles3/AkakaHist109Jul17Jul312005.html

=August 1 - August 31, 2005=
HISTORY FOR AUGUST 1 THROUGH AUGUST 31 (most items), 2005

The month of August 2005 saw an enormous amount of activity related to the Akaka bill, at nearly the same pace as the previous two weeks. That's despite the fact that Congress was on vacation for the entire month! There are approximately 200 pages of details below; mostly news reports and published commentaries; in chronological order.

A court decision regarding Kamehameha Schools admissions policy raises legal and political questions about the effect of this ruling on the Akaka bill; while supporters and opponents of the bill are getting ready for the Senate showdown expected September 6.

On August 2, 2005 the 9th Circuit Court handed down a ruling that Kamehameha Schools' racially exclusionary admissions policy is illegal.

What does that have to do with the Akaka bill?

The legal impact on the Akaka bill might be to call attention to the fact that ethnic Hawaiians are currently treated by the courts as a racial group, not a political entity. Those who favor the Akaka bill say this is an important reason to pass the Akaka bill, to "clarify" that "Native Hawaiian" is indeed a political entity; and that passing the Akaka bill would stop courts in the future from making what they call an immoral decision. Those who oppose the Akaka bill say that racial separatism in Hawai'i has already gotten way out of hand, and the Akaka bill must be defeated in order to prevent further balkanization.

Perhaps the most important impact of the Kamehameha decision on the Akaka bill is psychological. A huge rally by 20,000 red-shirt protesters on the Saturday following the decision opposed the court decision and defended the concept of racial separatism. Those who favor the Akaka bill hope the protest will show Congress the widespread support for racial separatism and therefore for the Akaka bill which would further empower it. Those who oppose the Akaka bill hope the protest will call attention to the danger of the fascism growing in Hawai'i

For full coverage of the Kamehameha decision and protests (about 120 pages), see:
http://www.angelfire.com/hi2/hawaiiansovereignty/kamschool2005.html

Some of the newspaper articles copied on the above webpage are directly relevant to the Akaka bill, providing legal or political connections between the two issues. Those articles, or excerpts of them, are copied on the following webpage, along with articles describing preparations for the expected September 6 Akaka bill showdown.

Later in the month there were numerous articles about the Akaka bill published in newspapers of national circulation, as well as in Hawai'i newspapers. There were two public, televised debates on O'ahu, and a symposium at the Heritage Foundation in Washington D.C. featuring UH Professor Emeritus Rubellite Kawena Johnson. It was a very exciting month. September will be even more exciting!

HERE IS A SHORT TABLE OF CONTENTS FOR ABOUT 210 PAGES OF DETAILS FOR AUGUST, 2005.

August 2, 2005 the 9th Circuit Court handed down a ruling that Kamehameha Schools' racially exclusionary admissions policy is illegal. Many news reports and commentaries were published on August 3, some of which explored the relationship between that court decision and the Akaka bill. Some say passing the Akaka bill would provide a shield against lawsuits such as Kamehameha; others say there is no direct connection.

August 14, 2005: Patricia Zell describes political and legal rationale for Akaka bill (she spent 25 years as staffer on the Senate Indian Affairs committee and was chief counsel to Senator Inouye). Several newspapers gang up to "expose" the Grassroot Institute of Hawai'i, and Hawaii Reporter on-line newspaper, which have been increasingly effective in fighting the Akaka bill.

August 14 and 15, 2005: Several Hawaiian independence activists write that an independent nation of Hawai'i would be able to protect Kamehameha Schools, since U.S. law could not be used to attack it. Authors include Anne Keala Kelley, J. Kehaulani Kauanui, Noenoe K. Silva, and Jon Kamakawiwo'ole Osorio

August 16: Former U.S. Senators Slade Gorton (R,OR and Hank Brown (R, CO) write in the Wall Street Journal to oppose the Akaka bill and to rebuke Senator Inouye for breaking his pledge to them on the Senate floor in 1993 when debating the Apology Resolution. Inouye had pledged that the Apology resolution would not be used to promote secession or special race-based rights or communal land tenure.

August 16 (reported in an August 17 article) Senator Akaka appears on a National Public Radio program and admits that the Akaka bill could lead to independence for Hawai'i. AKAKA: "It creates a government-to-government relationship with the United States." KASTE: Democratic Senator Dan Akaka, himself a native, wants Congress to let Hawaiians re-establish their national identity. He says his bill would give them a kind of legal parity with tribal governments on the mainland, but he says this sovereignty could eventually go further, perhaps even leading to outright independence. AKAKA: "That could be. As far as what's going to happen at the other end, I'm leaving it up to my grandchildren and great-grandchildren." And in the same radio program, independence activist Bumpy Kanahele joyfully proclaims that the Apology resolution indeed lays a legal basis for independence because the Apology is a confession of a crime under international law.

August 17: Conservative commentator Rush Limbaugh has a nationally broadcast talk-radio program for three hours each day, heard by millions of loyal fans. On August 17 he spent considerable time lambasting the Akaka bill. Full transcript provided.

August 18-20: The Statehood Day holiday (formerly Admission Day) was not celebrated by any Hawai'i politicians. That neglect prompted publication of an article by Malia Zimmerman: "Happy Birthday, Hawaii - Some of Us Still Remember" expressing sadness coupled with smouldering anger. A number of hostile responses from anti-American Hawaiian activists were also published a few days later. Meanwhile, on Maui, an independence activist who also supports the Akaka bill held an anti-Statehood rally.

August 18-20, Senator Akaka tries to backtrack away from independence; but several commentators blast him in the national media -- John Fund in the Wall Street Journal: "Thirteen Stripes and Forty-Nine Stars?" Rich Lowry, editor of the National Review: "Manifest Destiny In Reverse"

August 21: Indian law attorney Charles Wilkinson (hired as a lobbyist by OHA at the expense of the Hawai'i government) publishes an article claiming that court decisions in the tribal restoration of the Menominee Tribe, and in the Lara case, make it clear that the Akaka bill is not unconstitutional.

August 22: The League of Women Voters announces that there will be two public debates on the Akaka bill -- the first genuine public debates in all 5 years the bill has been in Congress. Bruce Fein will be the only speaker who opposes the bill while favoring the continues Statehood of Hawai'i. His opponents are an independence activist (who opposes the bill but wants Hawaiian independence); and the attorney for OHA and the Attorney General of the State of Hawai'i, both of whom favor the bill.

Also August 22: Senator Inouye issues public statement denying that the Apology resolution of 1993 lays the groundwork for the Akaka bill (despite the obvious fact that the Apology bill is cites several times in the Akaka bill as a rationale for it!)

August 23: News reports and comments about the televised Akaka bill debate that had been taped in a TV studio and then broadcast the previous day.

August 24: Governor Lingle announces that agreement has been reached between the Bush administration Department of Justice and OHA and the State of Hawai'i regarding DOJ objections to the bill that were previously published. Also, American Indians issue warnings to Native Hawaiians about the bad consequences of federal recognition.

August 26: Pacific Business News reports on the megabucks being spent by OHA for advertising and lobbying for the Akaka bill.

August 27: Andrew Walden (publisher of Hawaii Free Press) describes how the Akaka bill is being used as a vehicle to establish an Indian reservation for a "broken trust" (Kamehameha Schools Bishop Estate)

August 28: Gail Heriot, Professor of Law at San Diego State University, publishes an outstanding article in the San Diego Herald-Tribune describing the bill clearly and explaining why it is dangerous to Hawai'i and to all of America: "Trouble from Paradise: Hawaii's Divisive Racial Politics Hits the National Agenda"

Also August 28: Jerry Burris of the Honolulu Advertiser writes a lengthy commentary describing the bias of the Grassroot Institute's survey on the Akaka bill, and also slightly criticizing the OHA-commissioned poll. He points out that the polls produced dramatically opposite results corresponding to the views of the sponsoring organizations. But he fails to propose the obvious solution -- just put it on the ballot!

Also August 28: 800 people pre-registered for the upcoming convention of the Council for Native Hawaiian Advancement, including lots of Indian tribe and Alaska Native representatives; and an exposee of OHA's clear acknowledgment on its own website that the Akaka bill could lead to independence.

August 28-30: The Heritage Foundation in Washington D.C. held a symposium on the Akaka bill on Tuesday August 30, which included UH Professor Emeritus Rubellite Kawena Johnson (descendant of Kamehameha the Great who opposes the Akaka bill). Announcement of the event was published August 28, and includes link to download the audio-video file. Senators Akaka and Inouye were invited, but declined to appear. Also on August 30, OHA broadcast an hour-long TV infomercial pushing the Akaka bill (opponents were definitely not invited!)

August 27 and 28 a Little League team from 'Ewa (O'ahu) won the American championship and then the World Series. There was a great outpouring of multiracial goodwill and patriotic shouts of "USA! USA!." Some letters to editor were published August 30 about the patriotism and multiracial goodwill.

August 31: Constitutional law scholar Bruce Fein published a commentary ripping apart the analysis of Charles Wilkinson (August 21) which had claimed that the Menominee and the Lara cases had proved that the Akaka bill is constitutional.

Also August 31, Honolulu Advertiser columnist David Shapiro says it is dishonest and a "Big Lie" to claim that the Akaka bill could lead to Hawaiian secession. But the pro-independence comments of Anne Keala Kelley from the public debate are published in Hawaii Reporter.

Also August 31 is a news report of a speech made by Senator Akaka to the Honolulu Rotary Club in which he claimed that failure to pass the Akaka bill will cause the State of Hawai'i to lose tens of millions of federal dollars currently being received for ethnic Hawaiian entitlement programs. And writer Grant Jones ridicules Governor Lingle as a RINO (Republican in name only).

Some items from August 31 are on the September webpage because they look forward to and profide background for events early in September.

FOR DETAILS OF AUGUST NEWS RELATED TO THE AKAKA BILL (about 210 pages of detail) GO TO:

http://www.angelfire.com/hi5/bigfiles3/AkakaHistAug2005.html

=August 31 - September 15, 2005=
HISTORY FOR AUGUST 31 (some items) THROUGH SEPTEMBER 15, 2005. Some August 31 items are included on this page because they look forward to September; other August 31 items are on the August page.

SUMMARY OF CONTENTS, IN CHRONOLOGICAL ORDER, for August 31 through September 15 (about 155 pages of details).

POSTPONEMENT OF AKAKA BILL DUE TO HURRICANE EMERGENCY WAS FALSELY AND PREMATURELY ANNOUNCED AT ETHNIC HAWAIIAN CONVENTION IN WAIKIKI AUGUST 31 AND SEPTEMBER 1 (APPARENTLY AKAKA WANTED POSTPONEMENT AND WAS SEEKING IT); DECISION TO POSTPONE BOTH AKAKA BILL AND DEATH TAX REPEAL CLOTURE PETITIONS WAS MADE BY REPUBLICAN MAJORITY LEADER SENATOR FRIST SEPTEMBER 5; SENATOR AKAKA NOTIFIED LATER SEPTEMBER 5. On Wednesday August 31 and Thursday September 1, 2005, an unpublished rumor began circulating that the Senate cloture vote set for September 6 has been postponed for two weeks due to the emergency in New Orleans from the flooding caused by Hurricane Katrina. An announcement of the postponement was made at the annual convention of the Council for Native Hawaiian Advancement (umbrella organization of large institutions seeking passage of the Akaka bill to protect their federal grants). Apparently Senators Akaka and Inouye were requesting a postponement and released the announcement on their assumption the postponement would occur. However, on Sunday September 4 both Honolulu newspapers did not mention the rumor and both published articles saying the cloture motion would be held on Tuesday Sept. 6 at 5:30 PM Washington D.C. time (as scheduled by unanimous consent just prior to the Senate's adjournment for the August recess). On the other hand, Hawaii Reporter on September 4 published an article that "inside sources" say the postponement is likely "for at least a few weeks." And finally, on Tuesday September 6 both Honolulu daily newspapers published news reports that the cloture petition and possible floor debate have been postponed indefinitely. According to the news reports, the decision to postpone was made Monday afternoon and Senator Akaka was notified when he arrived in Washington later on Monday.

On Wednesday August 31 the 9th Circuit Court of Appeals in San Francisco handed down its long-awaited decision in the Arakaki#2 lawsuit. The decision was reported briefly in "breaking news" announcements on the websites of both the Honolulu Advertiser and the Star-Bulletin on Wednesday, and then there were numerous lengthy news reports and editorials on Thursday September 1. Most commentaries pushed the Akaka bill as a way to overcome court decisions like the 9th Circuit Court decisions in the Kamehameha and Arakaki cases. (about 20 pages just for September 1)

Also on August 31 and September 1, an article opposing the Akaka bill was published by Linda Chavez, President, Center for Equal Opportunity. Articles were also published opposing the bill by Elaine Willman, and Don Newman. (about 10 pages for these three opinion pieces)

September 1, 2005: Lengthy interview with Hawaiian activist Bumpy Kanahele regarding why he opposes Akaka bill.

September 2, 2005: "The Economist" (of London) poked fun at the Akaka bill "SURF, SUN, AND SECESSION? -- A daft proposal for racial separatism approaches the Senate" Also, Kristina Rasmussen, Government Affairs Manager for the 350,000-member National Taxpayers Union, published an article in "Human Events" magazine entitled: "Move Over Kilauea -- 'Native Hawaiians' Legislation Threatens Fiscal Eruption" Also, an excerpt was published in Hawaii Reporter taken from Elaine Willman's book: "Going To Pieces - The Dismantling of The United States of America; Perspective from a Native American on a Lack of Homeland Security on Tribal Lands; How Hawaii Senators are Involved"

About 45 pages of details for September, to this point.

September 3: Report of Maui Community College debate; but the only debaters were Hawaiian sovereignty activists who disagree over whether the best way to get more goodies for ethnic Hawaiians is by means of the Akaka bill or by means of independence. As so often happens, nobody was allowed to present the viewpoint of unity and equality.

September 4: Honolulu Star-Bulletin article says there could be trouble getting enough Democrat Senators on the floor for the Tuesday cloture vote because of Hurricane Katrina. Commentary in the Honolulu Advertiser by OHA attorney Robert Klein claims Supreme Court nominee Roberts, a conservative, would uphold the Akaka bill's constitutionality because of the positions he took when he represented the State of Hawai'i in the Rice v. Cayetano case. Commentary by Bruce Fein repeats reasons why the Akaka bill is unconstitutional and would be bad public policy. Hawaii Reporter article says inside sources say the cloture vote is likely to be postponed "several weeks."

September 5, 2005: Washington Times commentary by Frank J. Gaffney Jr., president of the Center for Security Policy and a columnist for The Washington Times; and a very strong letter to editor by George Berish. Commentary by Ed Feulner, president of The Heritage Foundation. Commentary by David Freddoso in "Human Events" magazine.

September 6, 2005: The Congressional Record for September 6 for the Senate shows that the first item of business was unanimous consent to VITIATE (cancel) the Akaka bill cloture petition (actual language of the Congressional record provided). Both Honolulu daily newspapers report the Akaka bill cloture vote and possible debate has been postponed indefinitely, due to the Senate's need to deal with the emergency caused by Hurricane Katrina. Both newspapers also report a small press conference on the grounds of 'Iolani Palace on Labor Day where leaders of Hawai'i's largest labor unions gave their support to the Akaka bill. Edward Hudgins, Executive Director of the Objectivist Center (think tank) publishes article: "Fascism in a Lei." Expecting that the Akaka bill would come to the floor of the Senate, an advertisement was published in the morning edition of the Washington Times by Chief Maui Loa of the Hou band of Native Hawaiians of the Blood, opposing the bill. That advertisement is posted in chronological order.

About 90 pages of details for August 31 through September 6.

September 7, 2005: Excellent article by Samantha Young (Stephens Media Group) in "West Hawaii Today" describes how the Akaka bill got postponed, and how the delay is being used by the Hawai'i delegation to rewrite the bill in collaboration with the Department of Justice. Governor Lingle is lobbying both the Senate and the House while she is in Washington. Honolulu Star-Bulletin reports that Governor Lingle exercised her right as a sitting Governor to go onto the Senate floor to speak with Senators during recesses to lobby for the Akaka bill. Both the Star-Bulletin and Advertiser quote Lingle as estimating the bill's postponement as 2 or 3 weeks. Advertiser editorial (again!) urges passing the bill to fend off court challenges to racially exclusionary government programs. Elaine Willman, Chair of Citizens Equal Rights Alliance, published "Battered Communities" describing non-Indian communities living inside or near Indian reservations as being like battered spouses, who often seem too timid to stand up for their rights; and she asks whether government officials in Hawai'i are like that. John Fulton Lewis, executive editor of the Reservation Report, compares the Hawaiian homelands and Akaka bill to South African apartheid. Jack Kelly, editor of The Green Flash News, reports a rally at the Hawai'i Legislature by Native Alaskans and Native Hawaiians in solidarity with each other to oppose the Akaka bill (the Native Alaskans are angry with Hawai'i Democrat Senators Inouye and Akaka who voted in favor of opening the Alaska National Wildlife Refuge to oil drilling, in retirn for Alaska Republican Senators Stevens and Murkowski voting in favor of the Akaka bill).

September 8: RightMarch, the conservative mirror image of the left-wing MoveOn, put out a nationwide e-mail alert to oppose the Akaka bill. Honolulu Star-Bulletin editorial -- "Vote on Akaka Bill should not be cast aside forever." Chicago Sun-Times, other newspapers, and ABC News report that Governor Lingle is lobbying U.S. Senators telling them that it is ridiculous to say the Akaka bill would lead to the secession of Hawai'i from the U.S. The National Center for Public Policy Research publishes its report # 532, entitled "Proposed Race-Based Government for Hawaii Would Create Trouble in Paradise."

Friday, September 9: Forbes Magazine's "Dunce of the Week" feature singles (doubles) out "Dunce(s) Of The Week: Daniel Akaka and Linda Lingle." Samantha Young, Stephens Washington Bureau, reports about Governor Lingle lobbying in the Senate, and says "Most of the dozen senators she spoke with were unaware that Hawaiian homelands were scattered throughout the state, Lingle said. Most thought the land would be similar to a tribal reservation." Letters to editor say that the Akaka bill would not protect race-based programs from legal attack; and that the apology resolution of 1993 (apologizing for U.S. help in overthrow of the monarchy) is blown far out of proportion because there has never been a U.S. apology for a real and major military invasion of Mexico which seized huge amounts of territory now known as Texas and New Mexico.

About 130 pages of details through September 9.

September 11: Senator Inouye, "Hawai'i's craftiest vote-counter", says if the Akaka bill comes up for a vote on a Monday or Friday, it could have trouble getting enough votes. He also says there might not have been enough votes if it had come to the Senate floor last week. Republican opponents are making the bill into a national issue, whereas Akaka/Inouye have trouble getting people outside Hawai'i to know what it's all about.

Also September 11: Hawaii Reporter republished most of the text of the September 8 action alert previously sent out by RightMarch.com (see below for details).

September 12: Article in Investor's Business Daily: Paradise Lost

September 13, 2005: Honolulu Advertiser helps Kamehameha Schools publicize its slick "executive summary" of a new 450-page book (to be released in the future) containing mostly old data purporting to show that ethnic Hawaiians are at the bottom of most indicators of social and financial well-being. The idea is to use victimhood statistics to prove that the Akaka bill and Kamehameha Schools' racially exclusionary admissions policy are needed as some form of affirmative action. Also, a lengthy letter to editor says the Akaka bill certainly does threaten the possibility of secession for Hawai'i, contrary to an earlier column that had labeled such claims a "big lie."

September 15: An important article debunking "Native Hawaiian" victimhood statistics was published in Hawaii Reporter. Such statistics are often used to justify demands for reparations and political sovereignty. Also, a more detailed version of the Advertiser LTE from September 13 was published in Hawaii Reporter; including photos of anti-American signs pushing secession.

For details of August 31 (some) through September 15, 2005 news reports and commentary, about 155 pages of detail, see:
http://www.angelfire.com/hi5/bigfiles3/AkakaHistSept2005.html

=September 16 - September 30, 2005=
HISTORY FOR SEPTEMBER 16 - 30, 2005

AKAKA ANNOUNCES NEW VERSION OF BILL FOLLOWING NEGOTIATIONS WITH DEPARTMENT OF JUSTICE, GIVING IMPRESSION IT IS AN AGREEMENT RESOLVING ALL DOJ CONCERNS. However, DOJ LATER ISSUES A STATEMENT THAT IT CONTINUES TO HAVE MAJOR CONCERNS OVER THE (UN)CONSTITUTIONALITY OF THE AKAKA BILL. Have our federal delegation and our Governor been lying to us about alleged agreement with DOJ?

SUMMARY OF CONTENTS, IN CHRONOLOGICAL ORDER (about 90 pages for September 16 - 29; no publications on September 30)

SEPTEMBER 16: SENATOR AKAKA ANNOUNCED THAT AGREEMENT HAS BEEN REACHED AMONG THE BUSH ADMINISTRATION DEPARTMENT OF JUSTICE, SENATORS AKAKA AND INOUYE, AND OFFICIALS OF THE STATE OF HAWAI'I. THE AKAKA BILL WILL BE AMENDED TO INCORPORATE THE AGREEMENT. Summary of new version of the bill by Senator Akaka, text of new version available for download, comments by Hawai'i Senators and Representatives. Also a news report about obstruction by OHA and other state agencies stonewalling a freedom of information demand to disclose how much money has been spent lobbying the Akaka bill.

September 17: Advertiser and Star-Bulletin describe the new version of the Akaka bill.

<blockquote>''Note that the substitute bill has not yet been formally introduced in the Senate. That might not happen for quite a while. This could be a "trial balloon." FURTHER CHANGES ARE POSSIBLE BEFORE THE AMENDED BILL IS FORMALLY INTRODUCED.''</blockquote>

September 18: Commentary in The Washington Times by Rubellite Kawena Kinney Johnson, Professor of Hawaiian Language and Literature, and a Living Treasure of Hawai'i. Also, editorial cartoon showing Senator Akaka having cut many pieces off his bill and wondering whether the small portion remaining is now ready to be passed.

September 19: Commentary entitled "Akaka bill -- Failure in Congress may spell violence" by Rod Ferreira. He is Chairman of the Board of Directors for the Council for Native Hawaiian Advancement, the umbrella organization of powerful racially exclusionary institutions seeking passage of the Akaka bill to protect their organizations against 14th Amendment equal protection lawsuits. He is a frequent contributor of columns and news reports in "Ka Wai Ola O OHA", the monthly newspaper of the Office of Hawaiian Affairs. He is also President of the I Mua Group of Kamehameha Schools Alumni Associations. Ferreira's commentary is a thinly-veiled threat. Give us what we want "or else." The threat must be taken seriously because it is made by someone so highly placed among the Hawaiian racialists; but it also shows that Akaka bill supporters sense defeat and are getting desperate.

About 30 pages of details for September 16-19

September 20: Honolulu Advertiser editorial "Akaka amendments preserve bill's intent" The Maui News editorial: Akaka bill is a reasonable compromise, and "Once the Akaka Bill is passed, and signed by the president, it can always be amended in the future." Advertiser columnist Lee Cataluna deplores the fact that supporters of Kamehameha Schools and of the Akaka bill feel compelled to stereotype ethnic Hawaiians as the dregs of society in order to solicit sympathy and political support for race-based programs.

September 21: Alfred "Chip" Pili'aloha, GS-11, DAF, who is with the 835th CS/SCXI RMTP Office at Ramstein U.S. Air Force Base (Germany), asks: "If Hawaii Suceeds from the Union, So What? What are the Akaka Bill opponents afraid of?" Well-known conservative writer Phyllis Schlafly published an article in "Human Events" entitled, "With Racist Proposal, Does Hawaii Plan to Secede from U.S.?"

September 22: U.S. DEPARTMENT OF JUSTICE ISSUES A STATEMENT THAT IT CONTINUES TO HAVE MAJOR CONCERNS OVER THE (UN)CONSTITUTIONALITY OF THE AKAKA BILL. "The administration appreciates the work of the Hawai'i delegation to address some of the concerns raised by the Justice Department but there are substantial, unresolved constitutional concerns regarding whether Congress may treat Native Hawaiians as it does the Indian tribes, and whether Congress may establish and recognize a Native Hawaiian governing entity," said John Nowacki, a Justice Department spokesman. "As the Supreme Court has stated, whether Native Hawaiians are eligible for tribal status is 'a matter of some dispute' and 'of considerable moment and difficulty.'"

Also September 22: IMPORTANT ARTICLE BY MALIA ZIMMERMAN, EDITOR, "HAWAII REPORTER" entitled: "DOJ Blows Hole in Akaka Bill Public Relations Campaign -- Justice Department Still Not Convinced Akaka Bill is Constitutional; Momentum Turning Against Akaka Bill Passage." The article shows that the Hawaii Delegation was lying when they said agreement has been reached with the Department of Justice; and the article reviews some important publications showing that momentum is turning against the bill.

September 23: Cartoon in Honolulu Advertiser shows the Akaka bill in a rowboat sinking in floodwaters surrounding the U.S. Capitol.

About 60 pages of details for September 16-23

Sunday September 25, 2005: Honolulu Advertiser editorial urges Akaka bill supporters to develop a backup plan to protect ethic Hawaiian race-based benefits in case the Akaka bill fails. Advertiser commentary by Charles Wilkinson (mainland Indian law expert hired by OHA) says the proposed amendments to Akaka bill, acknowledging sovereign immunity for the federal and state governments, will not interfere with negotiating a settlement of land and money. Honolulu Star-Bulletin features two commentaries: Tom Coffman (historian who researched overthrow and annexation and helped produce propaganda films favoring independence) says proposed amendments make Akaka bill even worse than before and warrant junking the bill; William Meheula (attorney representing OHA on ceded land issues) says proposed amended Akaka bill allows negotiations over land and jurisdiction and is therefore better than the current status quo. Maui News editorial says "It appears it will take the second President Bush to clear away nettlesome objections from the Justice Department and get the Akaka Bill passed for the benefit of everyone who lives in Hawaii." New webpage: Akaka Bill Controversy Draws Congressional Attention to Illegal "Native Hawaiian" Entitlements -- House Republican Study Committee Proposes Killing $40 Million Per Year

September 27: Article in "Indian Country Today" summarizes changes in Akaka bill language which Senator Akaka said he negotiated with Department of Justice (but has not yet actually introduced in the Senate).

September 28: Honolulu Advertiser article says "Native Hawaiian" population expected to more than double by year 2050. Published analysis by Ken Conklin notes that if Akaka bill passes, the U.S. will therefore be stuck with an Indian tribe having nearly a million members dependent on the federal dole. Article quotes Lilikala Kame'eleihiwa urging "Native Hawaiians" to double their population in only 20 years instead of 50, in order to become an absolute majority sooner. Webpage contains extended analysis, noting the Nazi "Lebensborn" program under which Aryan women were expected to make babies with SS men, the pregnant women then living in special buildings and their babies adopted by Nazi political operatives.

Also September 28: An amendment to the Akaka bill was formally introduced on the floor of the Senate by conservative Republican Senator Sam Brownback of Kansas. But why did media ignore this for a week? Why did Senator Akaka not yet officially introduce his own alleged revision of Akaka bill published on his Senate website 3 weeks previously accompanied by great publicity? An article published in Hawaii Reporter by Ken Conklin on October 5 (a week later) was the first publication to take note of the amendment. Conklin's article discusses these questions, and includes the text of Senator Brownback's proposed amendment. See: http://www.angelfire.com/hi5/bigfiles3/AkakaBrownbackIndianApologyAmend092805.html

September 29: Honolulu Star-Bulletin commentary by retired federal magistrate judge Joseph Gedan opposing Akaka bill. Maui News letter to editor by Ken Conklin pointing out that Akaka, Inouye, and Lingle have been derelict in their duty to protect the State of Hawai'i when they originally failed to put into the Akaka bill the protections later demanded by Department of Justice regarding civil and criminal jurisdiction and non-interference by the tribe with military activities.

Also September 29: A Hawaii Reporter review of state campaign spending records reveals Oklahoma Republican congressman Tom Cole lobbying for the Akaka Bill in the U.S. House on Gov. Linda Lingle’s behalf is a partner in a political consulting firm that was paid more than $150,000 by Lingle during her past two campaigns for governor.

Also September 29: An apology for the overthrow of the monarchy by the United Church of Christ, which was then used as a basis for the apology resolution passed by Congress in 1993, was based on a false premise that the church was a co-conspirator in the overthrow. So says James I. Kuroiwa, Jr. , a former Moderator of a United Church of Christ Church in Honolulu Hawaii, who provides evidence of the deceptive way the church's apology was engineered.

FOR DETAILS, SEE:

http://www.angelfire.com/hi5/bigfiles3/AkakaHistSept16302005.html

=October, 2005=
HISTORY FOR OCTOBER, 2005 -- White House raises concerns over treating ethnic Hawaiians like Indian tribes in military contracting preferences; conservative Senator Brownback (R,KS) officially proposes amendment; ethnic Hawaiian group stages 24-hour sit-in at OHA headquarters to protest Akaka bill; group of native Hawaiians with 50%+ native blood quantum file lawsuit against OHA for improperly spending ceded land revenue to lobby for Akaka bill; Former U.S. Supreme Court Nominee Harriet Miers Advised President Bush on Akaka Bill as shown by Her Senate Questionnaire

SUMMARY OF CONTENTS, IN CHRONOLOGICAL ORDER

October 1: Stephens Media News Washington Bureau reports that the White House raises concerns over treating ethnic Hawaiians like Indian tribes in military contracting preferences. The Heartland Institute (Chicago), in its nationally circulated "Budget and Tax News", reports on the dangers of the Akaka bill.

October 3: (1) Washington Times Editorial: "Separate but equal, Hawaiian-style" notes that the Akaka bill's alleged purpose of reconciliation and healing does exactly the opposite by promoting racial separatism in the interest of overturning the February 2000 U.S. Supreme Court decision in Rice v. Cayetano, and protecting race-based programs. (2) Honolulu Advertiser article about "Operation Offset": a proposal by the U.S. House Republican Study Committee, that would cut $40 Million in "Native Hawaiian" programs as part of a long list of program cuts to make up for huge expenditures related to Hurricanes Katrina and Rita. Advertiser article notes that the high profile of the Akaka bill has raised the visibility of "Native Hawaiian" programs and the fact that they are race-based.

October 4: Star-Bulletin says: "Last week, the Bush administration's Office of Management and Budget cited Justice Department questions about the constitutionality of native Hawaiian program funding in the military appropriations bill, H.R. 2863."

October 5: An amendment to the Akaka bill was formally introduced on the floor of the Senate by conservative Republican Senator Sam Brownback of Kansas on September 28, but nobody noticed until October 5! Why did media ignore this for a week? Why did Senator Akaka not yet officially introduce his own alleged revision of Akaka bill published on his Senate website 3 weeks previously accompanied by great publicity? An article published in Hawaii Reporter by Ken Conklin on October 5 was the first publication to take note of the amendment. Conklin's article discusses these questions, and includes the text of Senator Brownback's proposed amendment. See:
http://www.angelfire.com/hi5/bigfiles3/AkakaBrownbackIndianApologyAmend092805.html

October 6-7: A 24-HOUR (OVERNIGHT) SIT-IN TOOK PLACE AT THE HEADQUARTERS OF OHA (OFFICE OF HAWAIIAN AFFAIRS) FROM 10 AM THURSDAY OCTOBER 6 THROUGH 10 AM FRIDAY OCTOBER 7. THE ENTIRE PURPOSE OF THE SIT-IN WAS TO PROTEST OHA SUPPORT FOR THE AKAKA BILL AND TO DEMAND THAT OHA WITHDRAW THAT SUPPORT. FOLLOWING ARE NEWSPAPER AND TELEVISION REPORTS ABOUT THAT EVENT, PLUS A PUBLIC STATEMENT ISSUED FRIDAY BY "HUI PU", THE GROUP THAT STAGED THE SIT-IN.

October 8: Honolulu Star-Bulletin editorial takes note of anti-Akaka-bill protest at OHA but says (for the bazillionth time) that Akaka/Inouye should continue pushing the bill because most people support it (but if most people support it, then why does Star-Bulletin feel it's necessary to keep publishing such editorials?). Maui News letter to editor from OHA Administrator Clyde Namu'o responds to part of Ken Conklin's letter of September 29; Namu'o says Congress should pass Akaka bill and let courts decide its (un)constitutionality; also Native Hawaiians are the only group of indigenous people not yet given federal recognition (see reply by Conklin on October 12)

October 12: Maui News letter from Ken Conklin responds to OHA Administrator Clyde Namu'o's letter of October 8.

October 14: (1) Bureau of Indian Affairs denies federal recognition to 2 Connecticut "tribes" -- implications for Akaka bill. (2) Group of native Hawaiians with 50%+ native blood quantum file lawsuit against OHA for improperly spending ceded land revenues to lobby for Akaka bill (ceded land revenues are earmarked by law for 50%+ native Hawaiians, and Akaka bill would dilute the blood quantum down to one drop).

Also October 14: A series of three articles was published in the Minnesota Daily regarding Kamehameha Schools and the Akaka bill. The articles were published October 10, 14, and 28 and are gathered at October 14 because that was the article that raised the issue of Minnesota Senator Mark Coleman supporting the Akaka bill and speculated Coleman's support is for reasons similar to those stated in the October 10 article for supporting Kamehameha Schools racially exclusionary admissions policy. Kamehameha's official spokesman Kekoa Paulsen replied on October 28 defending both Kamehameha and the Akaka bill.

There was no news about the Akaka bill between October 14 and October 21

October 21: The Maui News published an editorial commentary pointing out that the State of Hawai'i, with the help of the U.S. Navy, has long pledged that the entire island of Kaho'olawe (formerly a Navy practice-bombing target), will be turned over to a sovereign Native Hawaiian entity as soon as such entity achieves federal recognition (Congress previously appropriated $400 Million to clean up ordnance on the island, as part of that agreement). Furthermore, in September 2005 the State of Hawai'i acquired 25,856 acres of land in Puna (with OHA contrinuting a small portion of the purchase price) and has turned over management of the entire parcel to OHA with the understanding that the parcel will eventually be turned over entirely to a sovereign Native Hawaiian entity. Congress approved the funding through the U.S. Forest Service for that land to be given to the state. Thus, it appears the federal government is already acknowledging there will be a sovereign Native Hawaiian entity even though the Akaka bill has been stalled in Congress for more than 5 years.

October 22: Honolulu Advertiser reports "Akaka bill remains on back burner"

October 23: Honolulu Star-Bulletin letter to editor, responding to editorial of October 8 (!!) questions why this newspaper publishes so many editorials supporing the Akaka bill if the newspaper truly believes the OHA surveys purporting to show that most people support the bill. Letter says a ballot vote would be the best survey.

October 25 article in Hawaii Reporter says it would be dangerous to forget about the Akaka bill, even though at the moment nothing seems to be happening. Forgetting about the bill would allow the bill's supporters to return to the stealth tactics used previously. Also, without the great attention to the bill during July, the bill would not have been amended and thus might have been passed with the very bad consequences the amendments are designed to avoid. [But note from Ken Conklin: the bill has not actually been amended!! Akaka has put proposed new language for the bill on his website, but had not yet actually introduced the amended version even though many weeks have gone by since he announced the "amended" version.]

October 27: Earl Arakaki writes in Hawaii Reporter "Navajo Nation Demands $440 Million for Pipeline Right-of-Way; Hawaii Ratepayers Could Face the Same Situation if the Akaka Bill Passes"

October 28: Attorney H. William Burgess circulated an announcement to the Aloha For All group he heads, showing that on October 26 Senator Jeff Sessions (R,AL) proposed an amendment to an appropriations bill that would eliminate funding for the University of Hawaii School of Law for a Center of Excellence in Native Hawaiian law. Mr. Burgess believes Senator Sessions introduced the amendment because Sessions is concerned the money would be used to support the Akaka bill and race-based government programs which are contrary to law.

Also October 28: "Former U.S. Supreme Court Nominee Harriet Miers Advised President Bush on Akaka Bill. Her Senate Questionnaire Confirms She Reviewed the Bill With the President, But Miers Would Not Disclose Her Advice on Whether or Not to Support the Controversial Measure." The fact that President Bush was actively discussing the Akaka bill is very significant, as this Hawaii Reporter article explains.

October 30: Hawaii State Legislature Hearings on How to Circumvent Court Decisions Unfavorable to OHA and Kamehameha Schools, October 2005 -- webpage published October 30, 2005 includes news reports, analysis, and some of the testimony presented during 8 hearings on 5 islands during a period of 9 days as Hawai'i Senate and House committees on Hawaiian affairs held community meetings to discuss what laws the Legislature might pass to negate or circumvent decisions by the U.S. 9th Circuit Court in the Arakaki and Kamehameha lawsuits; hoping to prevent damage until the Akaka bill passes (they hope!). See:
http://www.angelfire.com/hi5/bigfiles3/HawnAffrsLegislHrngOct2005.html

October 31: Elaine Willman writes in Hawaii Reporter that evidence of why the Akaka bill should be defeated can be found in the monthly newsletter of the Office of Hawaiian Affairs, where anti-American content is routinely published, at the expense of the treasury of the State of Hawai'i.

FOR DETAILS OF ALL THE NEWS FROM OCTOBER 2005 (About 65 pages of details), SEE: [[History of The Akaka Bill October 2005]]

=November 1 - December 31, 2005=
HISTORY FOR NOVEMBER 1 TO DECEMBER 31, 2005 will be tracked at this webpage; but if Congress stays in session in December or if there is a lot of news then the page will be subdivided as needed:

SUMMARY OF CONTENTS, IN CHRONOLOGICAL ORDER

November 1: Honolulu Advertiser commentary by attorneys H. Christopher Bartolomucci and Viet Dinh arguing that Congress does have jurisdiction under the Constitution to create a government for ethnic Hawaiians. Hawaii Reporter article by Ken Conklin reporting on 8 joint hearings on 5 islands in 9 days by two committees of the state Legislature to discuss how the Legislature might circumvent the Arakaki and Kamehameha decisions by the 9th Circuit Court, while waiting for the Akaka bill to pass.

November2: Two Hawaiian Civic Clubs proposed a resolution opposing the Akaka bill, but by a vote of 146 to 39 the parent Association of Hawaiian Civic Clubs voted to continue its support of the bill. 

November 12: Honolulu Advertiser reports that Governor Lingle and several OHA trustees will in Washington D.C. lobbying for the Akaka bill with leaders of the House of Representatives around November 16-18. They hope the bill can pass the Senate this year, possibly through the use of a cloture petition around the time of their visit. But it's very unlikely there would then be time to pass it in the House.
<blockquote>''Note from Ken Conklin: The article says (incorrectly) that a bill must pass both chambers during the same calendar year to be enacted. But if that theory were true, then the obvious reason for lobbying the House when time is running out would be to ask the House leadership to pass the bill on a voice vote without debate, perhaps on the calendar of non-controversial legislation as was done in a stealth maneuver by Representative Abercrombie on September 26, 2000. For an analysis of what might be happening behind the scenes, see:
[[Current Status of the Akaka Bill, Mid-November 2005]]''</blockquote>

November 13: Hawaii Reporter article by Ken Conklin says the remainder of year 2005 is a very dangerous time for opponents of the Akaka bill. Article reviews stealth tactics of previous end-of-year times, and offers conspiracy scenario for 2005.

November 14: Two letters to editor in Honolulu Advertiser eloquently put forward the independence activist view that Hawai'i is currently under U.S. (hostile) occupation. Hawai'i remains sovereign and independent because annexation never took place; hence Akaka bill is bad because it would turn citizens of sovereign independent nation into an Indian tribe under U.S. occupation. 

November 16: Samantha Young, of the Stephens Media Group, has an article in West Hawaii Today newspaper reporting Governor Lingle and OHA trustees visit to Washington. Young says Senator Ensign of Nevada (who placed a hold on the bill in July over concerns about gambling) feels the gambling issue still is not resolved, even with the new language allegedly to be offered by Senator Akaka. Senator Frist, majority leader, could not be reached for comment regarding Senator Inouye and Akaka statements that they constantly press him and other Republicans for a vote on the bill. 

November 18: Honolulu Advertiser quotes Senator Akaka saying that a vote on the Akaka bill is unlikely before the end of 2005, but he constantly pressures Majority Leader Frist to schedule it.

Also November 18: A nationally syndicated article by Victor Davis Hanson explains that the recent rioting in France by ethnic Arabs from France's former North African colonies can be explained by French racial exclusivity in social, economic, and political realms, resulting in ethnic balkanization and actual inequality despite claims of a colorblind society. By contrast, the U.S. takes equality seriously. But tensions exaccerbated by Hispanic and Black identity politics in America threaten to balkanize our society, leading us toward a social breakdown comparable to France, unless we return to our root policy of aggressive assimilation and inclusiveness. An addendum by Ken Conklin links to a webpage discussing the same issue in relation to Hawaiian racial separatism and ethnic nationalism, and the Akaka bill. 

November 19: Honolulu Star-Bulletin publishes a news note closely similar to the one in the Advertiser of November 12, including the same false concept that a bill must pass both the House and Senate during the same calendar year in order to be enacted. Ken Conklin not-for-publication letter to Star-Bulletin editors notes that both newspapers published the same error, presumably from the same biased source, and need to strengthen their journalistic standards.

November 23: Honolulu Advertiser columnist Dave Shapiro takes note of an award of house lot leases by the Department of Hawaiian Homelands, and argues that the Akaka bill is necessary to protect that program against court challenges. 

November 28 issue of "Newsweek" contains an article linking White House chief of staff Karl Rove to Washington lobbying firm Patton Boggs and the payment of $400,000 by the Office of Hawaiian Affairs to Patton Boggs to lobby for the Akaka bill. The implication is that Rove may be improperly using his influence with the President to lobby on behalf of Patton Boggs clients, including lobbying for the Akaka bill, in return for money and legal representation for himself regarding the investigation of CIA leaks involving Lewis "Scooter" Libby. The "Newsweek" article, and Ken Conklin's comments about it, are on the following webpage: [[Patton Boggs, Karl Rove and OHA]]

November 29: Non-ethnic-Hawaiian writes letter to editor saying "Hawaiians on both sides of the Akaka bill discussion ultimately want the same thing — they want their kingdom back. From what I have observed of politically active descendants of Hawaiian citizens, they look forward to the day when they can elect a king or queen again. Some see the Akaka bill as a step in that direction; others fear that it will impede progress toward their goal, but, make no mistake, that goal is independence. This is a political issue, not a racial issue.

December 4: Honolulu Advertiser publishes a news report about lawsuits by foreign governments demanding repatriation of ancient artifacts from American museums. Advertiser editorial board member publishes commentary connecting that news report to NAGPRA issues in Hawai'i. One unstated implication is that passing the Akaka bill would allow ethnic Hawaiians to establish a governing entity to resolve disputes among members and then speak with one voice on behalf of the tribe as a whole. Thus, an Akaka tribe could operate with legal standing comparable to like foreign governments, filing lawsuits against museums to demand repatriation of artifacts.

December 5: Beltway Blogroll (a web log devoted to reporting on other blogs and the role they are playing in politics) published an essay describing the Akaka bill and the influence of various blogs in bringing attention to it. 

FOR DETAILS OF ALL THE NEWS FROM NOVEMBER 1 TO DECEMBER 31, 2005 (in progress), SEE: [[History of The Akaka Bill November - December 2005]]