Polynesian Political Prisoner or Dennis the Menace to Society?

By Ed Rampell

Dennis "Bumpy" Kanahele was kidnapped by federal authorities at Honolulu International Airport on August 2. From that time until his release on November 14, the Head of State of the Nation of Hawai'i (NOH) was held without bail for three full months, and 12 days. This, despite the fact that on October 31, Judge Helen "Hang 'em high" Gillmor declared a hung jury and a mistrial in Mr. Kanahele's court case, wherein he was charged with harboring a fugitive, Native Hawaiian tax protester Nathan Brown, and obstructing justice in the attempted arrest of Mr. Brown. Mr. Kanahele reportedly could have faced up to 11 years in prison.

In other words, Mr. Kanahele was imprisoned, despite the fact that he has not been convicted of any crime as of late. This flies in the face of the traditional American judicial standard that in the United States, one is considered innocent until proven guilty beyond a reasonable doubt by a jury of one's peers. However, keeping a dark-skinned person who has not been found guilty of a crime behind bars is in keeping with another old American tradition called slavery. And the plight of brown political prisoners, like Robert Wilcox and Queen Lili'uokalani, is a century-old repressive tradition in Hawai'i.

The prosecution, of course, contended that Mr. Kanahele is Dennis the Menace to society, and they pointed to previous convictions on other offenses as evidence that the Sovereignty activist is a threat to mom, apple, pie, and civilization as we know it, not to mention the community-at-large. Mr. Kanahele is the first to admit that he is an ex-con who, in his wayward youth, committed criminal offenses that he was convicted of.

Although NOH contends that it pursues non-violent methods, somewhat similar to Ghandi and King, in its struggle for independence from the U.S.A., it does seem that the NOH poses a threat to the U.S.'s ruling class.

And that is the core of the matter. Dennis Kanahele appears to be a reformed ex-con. Nobody in Waimanalo has to be afraid of Mr. Kanahele swiping their vehicles or busting into their homes. But in another, very real sense, as far as the federal/state powers-that-be are concerned, he is Dennis the Menace to society.

Mr. Kanahele has stated that during the 1987 Native land occupation at Makapuu, Oahu, he armed himself and that a shootout with SWAT team was narrowly averted when he saw keikis and wahines in the line of fire. Mr. Kanahele dropped his gun and surrendered. He was reportedly convicted of terroristic threatening, although he was released from prison early due to good behavior and was not subsequently charged with violating the conditions of his parole.

"Bumpy" Kanahele is a 300 lb. (well, before he lost so much weight in prison) unafraid brown man who is now armed with the UN charter, and U.S. Public Law 103-150, detailing the guilt and complicity of the U.S. in the illegal overthrow of an independent Hawai'i which the NOH is seeking to restore.

In the unstable era of widespread discontent in the U.S. (don't forget, the biggest unrest and worst domestic terrorism this century has taken place in just the last few years), as militias sprout up across the Continent, the authorities view the Nation of Hawai'i as another militia-like challenge to the federal and state government.

Indeed, at the August 4 hearing, Assistant U.S. Attorney Les "Wizard of" Osborne brought out a deputy "dawg" U.S. marshal's allegations against NOH that it had links to the "Independent Patriots" group and was stockpiling weapons at its Waimanalo site, setting the stage for a Waco or Ruby Ridge-style confrontation and siege. This was denied by NOH, and federal magistrate Barry Kurren said he wouldn't consider the unsubstantiated charges while considering Mr. Kanahele's bail (which was denied anyway).

If the Nation of Hawai'i is the 50th State's equivalent of a continental militia, it is certainly a militia with a difference. NOH is certainly not composed of angry middle-aged white males, but of brown people who were dispossessed by illegal U.S. covert actions and military invasion that helped maintain an illegal white, elitist government in the aftermath of the 1893 coup. Furthermore, while the Michigan militia, among other militias, hysterically oppose the United Nations and its supposed goal of imposing "one world government" that would take away U.S. sovereignty, the NOH sees the U.N. as a source in the decolonization process that could help restore Hawaiian sovereignty.

The NOH's contention that the federal and state government has no authority over it and other Hawaiians is a more legitimate claims with compared to the Continental militias'. But similar to those militias, NOH has organized a uniformed "peace" or "security" force. The state, in particular, is terrified that Hawaiian militancy, even the guerrilla warfare that was predicted in Kiana Davenport's novel, "Shark Dialogues", would destroy the tourist industry. NOH's "security" force delivered "warrants" against politicians and judges (including Magistrate Kurren), warning them that they would be held accountable for "war crimes" and "genocide" against Kanaka Maoli. In this context, it is interesting to note that Mr. Kanahele's co-defendant (solely on the misdemeanor charge of interfering with federal authorities in their attempt to arrest Mr. Brown) is Gordon Kaaihue, who is head of NOH's uniformed "peace" force and played a personal rule in issuing the "warrants."

During the trial, the defense fought back with one hand tied behind its back by the feds. It's clear that these charges stemming from incidents almost two years old against someone publicly known who could have been arrested innumerable times over the past many months are politically motivated. Lawyers Hayden Aluli and Syd Quintal were forbidden by Judge Gillmor from making courtroom arguments regarding sovereignty. Furthermore, Judge Gillmor consistently sided with the offense when it objected to the defense, sustaining their objections and regularly overruling the defense's objections to the prosecution.

Upon his November 14 release, without having to pay bail, Mr. Kanahele is required to follow conditions set down by the state as a part of restricting his movements: In what apparently is a forced exile, Mr. Kanahele has to stay at the Miller Halfway House in Makiki, and is not allowed to set foot on any site in Waimanalo as well as being forbidden to visit the NOH.

In conclusion, kanes and wahines of the court of public opinion: Not only must these restrictions against Dennis Kanahele be lifted, but all charges against him must be officially dropped. Hayden Aluli's double jeopardy motion should be upheld. If not, the defense should look into charges of persecutorial misconduct, and overzealous and malicious prosecution, against "Bumpy" Kanahele's persecutors. Remember, "If you don't convict, you must acquit."


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