Tuesday, September 4, 2007

US Coast Guard's unilateral action sounds a lot like Martial Law

---------- Forwarded message ----------
From: Keone Kealoha <keone@nuvistamedia.com>
Date: Sep 4, 2007 1:50 PM
Subject: US Coast Guard's unilateral action sounds a lot like Martial Law
To: nunyabus nunyabus <inunyabus@gmail.com>, K Taylor < taylork021@hawaii.rr.com>, John Tyler <mysticseaswimmer@gmail.com>, juanwilson@earthlink.com, Daniel Hempey < hemplaw@hawaiiantel.net>

Contacted the USCG's Section 14 (Pacific area) Legal Section for two documents:

1. The Policy that outlines the "Emergency Rule" including the parameters surrounding that
2. The specific "Emergency Rule" issued by Adm. Brice-O'hare re: Nawiliwili Harbor that created the new  "security zone"

I was told the request was in and would be answered today. We'll see. Please feel free to request the same.

Adm. Brice-O'hare has issued an "Emergency Rule" that supercedes any other laws re: the use of Nawiliwili Harbor. There are questions surrounding the USCG's ability to issue such a rule simply for a commercial ferry, rather then for national security and/or military related activities. This rule was stated by USCG Capt. Atkins in the Mayor's Monday meeting to be used "indefinitely" or until the protests cease and "calm" is restored.

Any information you can find on the legal use of "Emergency Rule" by the USCG is appreciated. (see thread below for more details)

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On 9/4/07 9:54 AM, "Keone Kealoha" <keone@malamakauai.org> wrote:

> The Coast Guard's position sounds a lot like martial law. The "Emergency Rule"
> imposed by USCG Admiral Brice-O'hare, with no input from any judicial branch
> representative and in the matters of a commercial ferry, not related to
> national security or any other military engagement, is what has happened.
> Again seems like a over use of force and abuse of powers. The "Emergency Rule"
> is in excess of what was allowed by what will come on line on Sept. 10 under
> the existing homeland security harbor laws. In essence, the Coast Guard has
> created their own laws, without due process, by using the "Emergency Rule"
> precedence.
> Can they just make up their own laws for commercial activities? We need to
> find out more about emergency rule and if it can be invoked for a commercial
> ferry activities indefinitely.
> Here are some headline and bullet points I came across:
> "Coast Guard Unilaterally Imposes Martial Law"
> "Coast Guard Admiral Puts Super Ferry Profits Over Kauaians' Safety"
> * The USCG Admiral decided to create her own laws and imposed them without any
> judicial review
> * The USCG has engaged the FBI to assist them in their escalation of force
> * The cooling off period was used to figure out how circumvent the concerns of
> Kauai's citizens, not to find rational solutions to the problem or to set up a
> process for public feedback about their concerns
> * Despite repeated calls from State, County and the residents of Kauai for an
> independent EIS, the Coast Guard has decided to step up military activities
> against the residents of Kauai
> * The USCG has the ability to disallow the ferry to enter the harbor if it
> deems passage unsafe for any reason
> On 9/4/07 6:00 AM, "Katy Rose" <klrose@earthlink.net> wrote:
>> > "It'll take everyone's cooperation to ensure that peaceful protests can
>> occur
>> > without jeopardizing the safety of others." - Mayor Brian Baptiste, The
>> Garden
>> > Island, Sept. 4 2007
>> >
>> > We can translate this to mean: if we cooperate with the new "expanded
>> security
>> > zone,"  we will not jeopardize the passage of the Superferry into
>> Nawiliwili
>> > harbor.  
>> >
>> > The state has come up with wording which makes it sound like their concern >> is
>> > for the people of Kaua'i (I'm not sure who Baptiste is referring to when he
>> > says "the safety of others.")  It is now framed as if protest that defies
>> the
>> > security zone is somehow not "peaceful."  We need to make the case that
>> civil
>> > disobedience is peaceful. We need to make it clear that our liberties have
>> > been infringed upon, that cutting off access to the water and the jetty is >> an
>> > assault on the people of Kaua'i.  We need to make it clear that sometimes
>> the
>> > people need to break a law in order to protect a greater good.
>> >
>> > We have now been presented with the "protest zone."  We can comply, and
>> > thereby allow the boat to come in, or we can once again do what worked,
>> which
>> > was to disobey and blockade.  Let's evaluate: can we muster the numbers,
>> the
>> > solidarity and the courage to perform an EFFECTIVE action when the
>> superferry
>> > returns?  I think we can!  
>> >
>> > Thoughts from the group?
>> >
>> > PS: Mahalo to all those who attended yesterday's meeting with Bapists and
>> > coast guard.
> -------------------------------
> Keone Kealoha
> Director
> Malama Kaua'i
> 808.828.0685 Office
> 808.634.8174 Mobile
> 808.828.0485 Fax
> Email: keone@malamakauai.org
> http://www.MalamaKauai.org


Keone Kealoha

Malama Kaua'i

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