August 13, 2005 - Saturday

Here's an interesting question from a reader:

Have you noticed in the flurry of stories about Kamehameha School and the endless number of references to the name of lawyer representing John Doe, there is virtually no reference to who the lawyers are that are representing Kamehameha School.

Who are they?

Odd.

It's true that we haven't heard a peep from Kamehameha's attorneys this time around, although they were very visible back in 2003. Last week's 9th Circuit decision identifies the attorneys as follows:

COUNSEL

Eric Grant, Sweeney, Davidian, Greene & Grant, L.L.P., Sacramento, California, for the plaintiff-appellant.

Kathleen M. Sullivan, Stanford, California, and David Schul- meister, Cades Schutte, L.L.P., Honolulu, Hawaii, for the defendants-appellees.

Patrick M.K. Richardson, McCracken, Byers & Haesloop, L.L.P., San Mateo, California, for the amici curiae.

Sullivan is the former dean of Stanford Law School and attorney with the California firm of Quinn Emanuel. Schulmeister has represented Kamehameha in a variety of cases.

But note that there's another name, Patrick Richardson, representing "the amici curiae". And just who is that? Back up to the case title and there's the answer: "Josephine Helelani Pauahi Rabago, Intervenor."

There's a name that hasn't been publicly associated with this case, as far as I can see. And who is Josephine Rabago?

Google doesn't turn up too much about Josephine Rabago, but her name appears in several lawsuits in which she apparently tried to intervene. Here's what's is reported in a case involving Waimea Falls Park:

This appeal stems from an eminent domain action filed on December 21, 2001 by the City and County of Honolulu against numerous defendants, seeking to condemn the fee simple interest in various parcels of land in Waimea Valley, Oahu, upon which Waimea Falls Park operates.

On March 17, 2003, Josephine H. Rabago (Rabago), pro se, filed a "Motion to Intervention" in the action. Attached to her motion were: (1) a declaration, in which Rabago appears to claim that she owns an interest in the land being condemned because she is an heir to Kilinahe Puahi, also known as Puahi Kilinahe (Puahi), who died on March 9, 1910; (2) a "Decree Determining and Declaring Heirs," apparently filed in the Circuit Court of the First Circuit (the circuit court) on March 21, 1990 in a special proceeding to determine and declare the heirs of Puahi, "an established heir of Charles Kanaina, as determined in the Estate of Charles Kanaina, P. No. 2426, Supreme Court of Hawai`i, and in the Estate of Kilinahe, Probate No. 2124, Supreme Court of Hawai`i"; and (3) a genealogy chart of Puahi's heirs. Rabago did not explain why the materials attached to her motion established her right to intervene in the action.

In a subsequent memorandum filed on April 7, 2003, Rabago claimed that she and her "family were declared Heirs by blood to the Royal family by the Court on March 21, 1990, Heirs to [Puahi] brother of Charles Kanaina, cousins to Kamehameha I, II, III, IV, V, Bernice Puahi, Victoria Kamamalu, Ruth Keelikolani, David Kalakaua, Victoria Kaiulani, Miriam Likelike, Matiaio Kekuanaoa, Queen Emm [sic], and sister Kalama as to the genealogy of Kilinahe makes the Family Defendant [Rabago] cousins to the mentioned names herein Royal blood as the family in their will claim and to my Heirs."

(Upper case formatting omitted.) However, Rabago did not explain or provide any documentation of the Royal family's interest in the lands in question. Rabago also did not indicate the member of the Royal family through whom she claimed an interest in the lands.

So what's the story with Rabago? And how did she get to be part of the 9th Circuit festivities without being mentioned in any of the reporting?

August 12, 2005 - Friday

We didn't see any meteors at 9:30 last night. Watching for these shooting "stars" is an annual event since the Perseids meteor shower peaks just as we celebrate our anniversary and my birthday, both coming up in the next several days. So I pried myself out of bed again just a little after 1 a.m. Still nothing. But when I checked again about 3:15, I saw more than a dozen meteors in a ten minute stretch. The night was very dark, starts bright, with just a few thin clouds passing overhead and then clearing. Great viewing weather. And, of course, the cats love it when someone gets up and walks around in the dark.

Star-Bulletin jack of all trades Burl Burlingame sent over a notice that his band, the Honolulu Blue Devils, is scheduled to play on the Saturday morning Perry & Price John Dominis show this weekend! Sometime between 10 and 11 a.m.

My friend Chuck in Oakland offered up the last word on the Hilo parade flap:

My favorite part of the latest Albertini-inspired dust-up is the inclusion of the Hare Krishna and the Girl Scouts in the same sentence extolling the virtues of "responsible" civic paraders. You gotta love the diversity of this country, never mind the politics....

Disclaimer: I should note, of course, that I've known Jim Albertini for more than 30 years, although I've only seen him a couple of times since he moved to the Big Island years ago. So here's another dip into history--photos from the March 31, 1972 march from Honolulu Airport to the main gate at Hickam Air Force Base, a protest against Hickam's role in the Vietnam War.

Click for more

The good news is that my Powerbook was delivered to me in Honolulu yesterday just before 2 p.m., less than 74 hours after I left it in the Apple Store at Ala Moana. It jetted off for a repair facility which turned out to be in Tennessee, arrived there Tuesday night, was repaired and tested on Wednesday, and arrived back here yesterday with a new hard drive, along with a related part and internal drive cable. That was one day less than what the Apple Store assured me was the quickest possible turnaround time.

But a reader forwarded another puzzle for any computer junkies out there.

From home - where I run the Mozilla Firefox browser and Norton security software, I have the damndest time getting your site to come up. It just shows a blank page and stops loading. The strangest thing is that the problem is inconsistent - it happens most of the time, but not always, and I can sometimes, but not always, solve it by hitting reload a dozen or two times.

Running Windows XP Service Pack2
HP 7100 series computer
Mozilla Firefox 1.0.5

oh. I just went to Internet Explorer, which I never use, and it loaded fine. So the problem is somehow related to Firefox and either a setting I have on or a compatibility problem somewhere.

If you have similar problems or a suggestion for what might be the cause, please let me know via email at ian(at)ilind.net.

It happens all the time. I meet someone and direct them to ilind.net. Then I run into them an they say, "I tried island.net and didn't find it." Spelling it out can't seem to break mental habits. So I'm trying a visual approach. Soon I'll be a walking billboard for this site. You can be too. Just click on the photo...

August 11, 2005 - Thursday

Wally and I appreciate the prominent mention (and photo) in the media section of Honolulu Weekly's "Best of Honolulu" issue that hit the streets yesterday. How do I live up to being billed as the "purrfect" blog?

Both the Star-Bulletin and Pacific Business News wrote about a new Bureau of Labor Statistics study last week which noted we have relatively high salaries for jobs in the hotel industry, such as hotel clerks and bartenders.

For example, PBN reported:

In these occupations Hawaii leads the nation on wages: bartenders, waiters, dining room attendants, hotel desks clerks, short order cooks and laundry and dry-cleaning workers.

The stories weren't overtly anti-labor, but neither PBN nor the S-B drew the obvious connection between higher wages in these job categories and Hawaii's higher proportion of union jobs in the hotels, with both the ILWU and Local 5 vying for representation rights. But Harry Eagar over at the Maui News did manage to connect the dots while reporting on the same story, including comments from local union leaders.

Yesterday's entry brought this reply from Barbara Hastings (Hastings & Pleadwell) on behalf of Japanese Chamber of Commerce & Industry of Hawaii:

I want to clarify the Japanese Chamber of Commerce & Industry of Hawaii's position on Jim Albertini's attempt to enter our parade. I'm afraid your account misses some of the important facts. First of all, the small parade, organized to welcome and showcase the cadets of the Japanese training ship, Nippon Maru, was open to organizations that submitted applications and an entry fee in advance.

The JCCIH office is always closed on Saturdays.

It is sheer foolishness for anyone to suggest that the JCCIH and its largely Japanese-American membership could ever, ever forget the bombings of Hiroshima and Nagaski.

We welcomed the Hare Krishna, the Filipino Chamber of Commerce, the Exchange Club, the Girl Scouts, and several other groups—all duly enrolled in the parade according to the same procedures followed year after year.

Your comment that Jim is probably right to say 'shame on' the JCCIH when you don't have all the facts. Not good reporting.

Barbara A. Hastings
PR chair, JCCIH

A couple of other reader made similar points

Did Albertini, et al try to get into the parade the RIGHT way, by contacting the Chamber during normal business hours?

If not, I wouldn't go defending them too loudly for "crashing" the event.

Maybe he was just out to make news and get attention.

Had he and his peace marchers just been another, signed-up-by-deadline-like-everybody-else participant, he probably wouldn't have gotten any ink, on paper or in the ether.

Just my two cents.:

And this one:

I have to laugh at Jim Albertini’s disappointment at not being allowed in the parade.  Don’t get me wrong.  I absolutely believe that his is a message worth delivering.  However, calling the HIJCC office on Saturday afternoon the day before the parade (like anyone will be in the office on a Saturday afternoon) and informing the Chamber, not asking, of his intent to join the parade is not the way to do it.

A little class goes a long way. Formally asking months prior to the parade probably would have done the trick.

But here was my reply to Hastings:

I don't agree that under these circumstances it was appropriate to threaten anyone with arrest for making a public point about Hiroshima and Nagasaki in a public August 6th event. All too often, internally generated "applications" , entry fees, and other arbitrary procedures are used precisely in cases like this to limit public debate of key issues, and that was the outcome in this case, although I can understand that your clients don't want to see it that way.

While you say, "It is sheer foolishness for anyone to suggest that the JCCIH and its largely Japanese-American membership could ever, ever forget the bombings of Hiroshima and Nagaski," other reporting this week, such as by NPR, underscores that people are in fact forgetting.

While I agree that an efficient Albertini public relations machine would have jumped through all the hoops to get into the parade, political expression doesn't necessarily work that way. And our whole system of expressive rights, the freedom to speak publicly and lay out grievances to the powerful, is geared to protecting the haphazard ways that political speech often emerges. So while Albertini's protest might have benefited from more advance planning, the lack of it should not have hindered his right of expression, especially given the symbolism of the issue and the date involved.

By the way, Jim Albertini added: "People are welcome to express their feelings to me at P.O. Box AB Kurtistown, HI 96760, Phone 808-966-7622, email ja@interpac.net ."

August 10, 2005 - Wednesday

It's nice to have some things you can count on. For example, the sun will rise this morning in Kaaawa at 6:08 a.m., according to calculations by the U.S. Naval Observatory. The colors may not be as spectacular as they were on Sunday, but then again, you never know. The predictable and unpredictable are intertwined at the beginning of each day. I suppose that's one reason we pry ourselves out of bed and head out to watch the sun rise.

Click for larger photo

The Star-Bulletin is getting f logged over at HawaiiThreads.com for a photo caption which described a large group at Ala Moana as fishing for "sardines" instead of using the appropriate local name for the fish. Probably a fair criticism, it seems.

It looks like Maui will have at least two mayors for the next several months. It seems that Hugh O'Reilly, mayor of the ski town of Whistler, in the mountains of British Columbia, plans to telecommute to work from his new home on the Valley Island until the end of his term this fall. Beginning in September, he'll start a new job with Playground, an Intrawest real estate marketing firm. Oops, I see the Star-Bulletin got the story this morning as well.

From the Big Island comes word that police, acting at the behest of officials of the Hawaii Island Japanese Chamber of Commerce, threatened to arrest several men who attempted to enter Hilo's August 6th lantern parade carrying signs referring to the atomic bombing of Hiroshima and Nagasaki. August 6th marked the 60th anniversary of the atomic bombing of Hiroshima. The second bomb fell on Nagasaki on August 9th 1945. The combined total deaths is estimated at up to 275,000.

A press release from peace activist Jim Albertini tells the tale:

Albertini said, "he and two others lined up before the fire truck for the start of the parade. Danny Li and Erin Galiger each held a pole of the banner "In Memory of Hiroshima and Nagasaki" with peace flags attached on each side of the banner. Albertini carried a sign that said "Our Downfall is to Forget, " and offered peace leaflets about the Hiroshima-Nagasaki bombings to parade watchers waving American flags along the route. Albertini said the small group's intent was not to disrupt the parade in any way, but simply to remember Hiroshima in a respectful way on Hiroshima Day Aug. 6th. In fact Albertini said he called the Chamber's office early Saturday afternoon to inform the Chamber about his intent to join the parade but no one was in the office. A recording simply stated that the parade would begin at 6PM from behind the County Building."

Albertini said, "For the first block or so everything went fine. At Pauahi and Kilauea, police (at the behest of Chamber officials) ordered the three peace activists to get out of the parade. Albertini said he the others volunteered to get behind the fire truck that officially ended the parade but Police Sergeant Miyamoto said we would be blocking traffic and ordered the three of us to the side walk. The group proceeded along the sidewalk with officer Miyamoto walking on the street directly along side the three who offered leaflets and informed parade watchers that they and the banner had been kicked out of the parade. "

Albertini said their peace message deserved to be in the parade on Hiroshima Day. His release adds: "Shame on the Hawaii Island Japanese Chamber of Commerce on the 60th anniversary of Hiroshima Day." He's probably right.

August 9, 2005 - Tuesday

Dean from Kaneohe contributed this follow-up:

Thanks for your post today - although we will continue to disagree about the president giving the finger, I greatly appreciate your civil and fair response.

I'm a center-right guy who reads left leaning blogs because I know that conservatives don't have a monopoly on the truth or all the right answers to our problems. You continue to be one of my daily reads.

Plus, it doesn't hurt that I like cats!

Thanks, Dean. Among other things, you're an example of why I don't separate the cats-dogs-sunrises from the rest of this stuff. As you say, "it doesn't hurt...."

If you're looking for more insight into the 9th Circuit Court's recent Kamehameha Schools' decision, here's a little known resource: an audio recording of the oral arguments is available online. Click here to reach the 9th Circuit web site, select the "Audio Files" button at the top left, and then enter the Kamehameha case number (04-15044) when the search box appears. The download is just over 8 megabytes, so if you've got a dial-up connection, you may have a long wait.

I just ran into these audio recordings yesterday while searching for something else. They are quite good quality, and the questioning of attorneys by judges is quite interesting.

Another reader gave me a figurative whack on the knuckles for my Sunday comment about Robbie Alm:

Your statement, "Robbie is an astute political observer as well as a good speaker, but his presence on the program probably reflected his position more than his personal qualities," confuses the chicken and the egg.

Do you think he was on the program because he is an officer of Hawaiian Electric Company?

Or can you imagine that he is an officer of Hawaiian Electric because his lifelong residence in Hawaii, his association and his deep personal empathy with many Hawaiian groups and causes makes him an ideal person to represent the company in a public affairs capacity, especially when many of the company's operations are in areas with a large Hawaiian population or cultural presence?

I have no personal knowledge of how or at whose suggestion he came to be on the program, but I do know that Robbie and his brother, the former U.S. Attorney and now judge, are very highly regarded in the local community for their lifetime accomplishments, their attitude and their demeanor, not their present positions.

I think the newspaper was incorrect in not identifying Robbie, though he was not ID'd on the program. But from my understanding, he was there in a personal capacity and his position -- or the real and imagined connections between the utility and the estate -- should not be allowed to detract from what he had to say, which was eloquent.

And on point; this is about some who covet or resent a gift to which they are not entitled. Too little has been written, it seems to me, about the motivations of those who bring these suits (and I am not talking about the teenager who may wish to go to Kamehameha Schools) and those who foot the considerable legal bills to make these suits possible. What is their motivation? Not justice, it seems to me.

Actually, I couldn't agree more with these sentiments. I honestly have the utmost respect for Robbie and brother Steve, both unusually talented and insightful men with solid track records of community contributions. Like the reader, I think Robbie Alm is a brilliant choice as a Hawaiian Electric representative. But this is tricky terrain, and my journalist's scepticism kicks in to remind me that good people have certain social positions and social roles which come with built-in interests and expectations, and understanding those is necessarily part of what we have to do in order to understand the dynamics of any situation. So although it is sensitive, placing Robbie in his current context is necessary, or so it seems to me.

Like the reader, I have no trouble seeing that Robbie is an officer of Hawaiian Electric because of his stellar characteristics and background. But I think it's equally obvious that his name probably came up during the rushed planning for rally because of his close ties to the trustees. I don't think that observation undercuts his contribution in any way. At the same time, it does support what I wrote on Sunday: "Although the message was unity, the program was carefully controlled by Kamehameha, with a narrow range of speakers reflecting its own interests."

Enough of this. It's time to let things go to the dogs. Yup, another round of Kaaawa's morning dogs, this time with several newbies. This happens to be J.R., who's a regular rather than a newbie. But just click on his photo for this batch of our canine pals. Finally, my sick Powerbook is winging its way to Texas for repair, probably to have the hard drive swapped out for a new one. It could be back as soon as Friday. My fingers are crossed.

click me, please

August 8, 2005 - Monday

We were in semi-crisis mode yesterdat because Ms. Kili went walkabout for more than 24 hours. It's a situation that got unexpectedly complicated. For reasons that I won't get into, we wanted to keep Toby in the house on Saturday night. But we had dinner with a friend and didn't get back until well after the normal dinner hour, the time when we can count on the cats being around, and I couldn't find Kili before we went to bed with doors shut. If she showed up during the night, she was locked out of the house. She wasn't around in the morning, and didn't show up all day, despite my almost literally beating the bushes for her.

I had that awful queasy feeling in my gut and was already planning today's search grid and Humane Society checks when Kili strolled in through the cat door about 7 p.m., probably 36 hours after her last check in. She wasn't dirty or wet, despite an hour of rain, and just really wanted to eat and then head back outside. But we exerted parental control, shut the doors, and we'll see what happens next.

Kili on her reappearance with Ms. Annie in background

For the record: It appears that the New York Times sanitized a story by removing a critical piece of an article published on Friday (8/5) about the current U.S. military sweep in western Iraq. When I first saw the story, I was struck by one sentence that seems to underscore why we can't win hearts and minds:

"Over the last three months, the Americans have tried at least a half-dozen offensives in Anbar. In the town of Karabilah, the marines swept through and destroyed or damaged almost every building." [emphasis added]

I paid attention because the Mennonite-based Christian Peacemaker Teams in Iraq have made similar observations about military operations in other cities, citing the damage to homes and businesses as a key factor in loss of support for the U.S. efforts.

But when I went back this morning to take another look at the story, it had apprently been edited and this section removed. A Google search highlights the "destroyed or damage" phrase although it no longer appears in the Times version. Luckily, I found the original version quoted in several places. I wonder if other media watchdogs will catch this switch?

Is it bad form to note that too many reports on the 9th Circuit decision incorrectly said Kamehameha's admissions policy had been declared unconstitutional?

KGMB reported the court "found the admission policy at Kamehameha Schools is race-based and unconstitutional."

Star-Bulletin: "On Tuesday a 9th Circuit Court of Appeals panel ruled that the admission policy was unconstitutional and failed to meet the tests of federal affirmative-action laws."

Hawaii Reporter: "Court Says Kamehameha Schools Race-Based Admission Policy is Unconstitutional."

KITV: "Appeals Court Says Hawaiians-Only Policy Unconstitutional"

Repeated often, but incorrect. Instead, the court ruled the policy violates a civil rights statute, one that congress can bypass with specific exceptions.

Were these headlines based, perhaps, on an initial press release from somewhere? That would be interesting to know.

The three judges split on whether or not congress has already signalled its intent that Hawaiians be accorded special treatment.

The dissenting judge concluded that Congressional funding of programs restricted to Native Hawaiians had already established their intent, since they wouldn't fund programs that violated another federal statute. The two judge majority, however, were unwilling to extend that weight to individual funding decisions and instead were looking for a more explicit statement of legislative intent, one that apparently would be made by the Akaka bill.

We have located no authority for the proposition that congressional intent, as manifested by scattered statutes adopted specially for the benefit of native Hawaiians, is sufficient to modify the standards embodied in a statute of general applicability.

With the Akaka bill being squeezed between opponents on right and left, conservative politicians on one end of the spectrum and Hawaiian independence advocates on the other, and looking like it might not have the votes, it might make political sense for Inouye and Akaka to back off of their insistence on a divisive floor vote in exchange for agreement on a less sweeping statement acknowledging the special status of Native Hawaiians. It would solve the current crisis, although giving up for the time being on congressional recognition of the path towards Hawaiian self-determination. Would most Hawaiians support that tradeoff to save Kamehameha Schools and other Hawaiian-only entitlement programs?

Catching up with some mail from readers. In reaction to Saturday's 40 year old buddy picture, one asked: So did the "buddies" put back the HVB marker sign after they were finished with the photo shoot?

And I replied in proper political form: "I have no specific recollection of that." His quick comeback: "...likely, for one approaching a 40th high school reunion." Touché!

Several readers responded confirmed a similar experience with the slow-to-load Advertiser web site.

And last week's entry concerning what appears to be the president's use of a rude hand gesture brought a rebuke from Dean in Kaneohe:

Regarding your Thursday entry on the President giving "The Finger" - come on man, just following the links in Nick Coleman's own story brings you to Keith Olberman (not exactly a Bush fan) and a reporter at the event saying Bush didn't flip the bird to the press.

It's fine for you to express your disagreement with the President, but don't make stuff up or pass on BS from a moonbat like Coleman. You owe the President and your readers a correction.

I've read a bit of the back and forth Dean refers to, but I've got to believe my eyes. I've had a bit of experience with the widely recognized salute, and I'll tell you, that's no thumbs up. And it's not like W would have been in unknown territory, since he was caught on video playing with the same gesture several years ago while preparing to go before the cameras near the end of his term as governor of the big TX.

Click here and make up your own mind

In any case, you're perfectly free to view the video, and examine the critical frame reproduced above, and make up your own mind.

August 7, 2005 - Sunday

Yesterday's gathering of Hawaiians for a rally and march starting at Iolani Palace was, if not necessarily a display of unity, an impressive demonstration of potential social and political muscle in defense of Hawaiian rights. Although the message was unity, the program was carefully controlled by Kamehameha, with a narrow range of speakers reflecting its own interests. Certainly legitimate and, from the turnout, an approach that hits a responsive chord.

Click for more photos

I gathered together a few photos taken at yesterday's event, which you can see by clicking on the photo above. Former Star-Bulletin webmaster Blaine Fergerstrom posted a set of his own photographs, and more can be found on the Kamehameha web site.

An Advertiser story this morning quoted Robbie Alm's very effective speech to the crowd, identifying him simply as "a Caucasian who resides on O'ahu."

Of course, Alm is senior vice president of public affairs at Hawaiian Electric, a former head of First Hawaiian Bank's Financial Management Group, and a member for former Gov. John Waihee's cabinet.

Robbie is an astute political observer as well as a good speaker, but his presence on the program probably reflected his position more than his personal qualities. Dianne Plotts, current chair of the Kamehameha Board of Trustees, is a director of Hawaiian Electric Industries, HECO's parent company. Trustee Constance Lau is CEO of American Savings Bank, an HEI subsidiary, and trustee Doug Ing's law partner, Jeff Watanabe, has been an HEI director since 1987. These and other interlocks between Hawaiian Electric and the current leadership of Kamehameha were spelled out in a 2004 story by then Star-Bulletin reporter Rick Daysog, who recently moved to the Advertiser.

Another bit of context was pointed out an a reader's email reminder of the recent background of 9th Circuit Judge Jay Bybee:

Why does no local paper mention that the principal claim to fame of the judicial author of the 2-1 opinion in Doe v. Kamehameha Schools was his drafting of the Justice department memo to US Attorney General John Ashcroft defining torture as being limited to the pain associated with permanent bodily injury or death? (In other words, anything that doesn't leave big marks is OK).

This memo, drafted by Bybee while a top staffer at Justice, was notorious when it was leaked (unfortunately it was not leaked until after he had ascended to his lifetime appointment on the 9th Circuit, so the issue did not come up at his confirmation).

Not one local paper mentioned it (though Rick Daysog picked it up for HS-B in 2004 when writing about the original assignment of the case to the three judge panel). Don't these guys have Google? Just type in Jay Bybee Torture and you'll find an illuminating article by John Dean at Findlaw (yes, that John Dean).

An article that is well worth reading, I should add.

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