Ali`i Mana`o Nui Lanny Sinkin, 11-4-15… “Letter to Ninth Circuit Court” [re: “Notice of Absent Party”]

lanny_sinkin_alii_manao_nui_shield_26[Note: link to Notice of the Absence of a Necessary and Indispensable Party, mentioned in this posting.]

From: Ali`i Mana`o Nui Lanny Sinkin

Those challenging the Na’i Aupuni process in Federal Court filed an appeal from the District Court’s decision to deny their request for a preliminary injunction. That appeal is now before the Ninth Circuit Court of Appeals.

Before the District Court ruled, the Kingdom filed a Notice of the Absence of a Necessary and Indispensable Party. That notice brought to the court’s attention that the King and the Kingdom are not represented in the case. The notice also informed the District Court that the Kingdom, as a sovereign, would not agree to come within the jurisdiction of the District Court.

If there is a necessary and indispensable party not represented in a case and that party cannot be brought within the jurisdiction of the court, then the court lacks perfected jurisdiction and has to dismiss the case.

The District Court treated the notice as a motion to dismiss for lack of jurisdiction and denied the motion. The District Court made no inquiry into the questions raised about the indispensable nature of the Kingdom’s participation or the jurisdictional implications of the Kingdom’s assertion of sovereign immunity.

The Kingdom has now filed a similar notice to the Ninth Circuit Court of Appeals in the form of a letter to the judicial panel that will hear the Na’i Aupuni case appeal. Attached are (1) the letter to the Ninth Circuit (2) the transcript of the very brief discussion I had with the Court and (3) the original notice filed at the District Court.

https://www.scribd.com/doc/288810917/151104-AMN-Letter-to-Ninth-Circuit-Court
PDF VERSION

https://www.scribd.com/doc/288810829/151020-Akina-Transcript-Exhibit-1
PDF VERSION

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About Ali`i Mana`o Nui Lanny Sinkin

I am Ali`i Mana`o Nui Lanny Sinkin. Ali`i Mana`o Nui was a position created by Queen Liliu'okalani that was not filled before she was overthrown. The kuleana (sacred path) of that position is to speak the truth to the monarch without any fear of punishment. The position is one of trusted advisor and friend. I always thought that the position was a really good one for a monarch to create because people tend to be so deferential that the monarch might not always be told the full truth for fear of offending. I have no such restrictions placed on me. The King and I have worked closely together for eight or nine years now. When the King agreed to assume the position of King, he immediately set about to achieve the goal of full independence. Over the years, he and I have produced numerous documents addressing a broad range of issues (found at KingdomofHawaii.info). The most important is the one that the King wrote which records the vision and plan for the restored nation. I consider myself to have a sacred responsibility to provide my best advice to the King at all times.
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One Response to Ali`i Mana`o Nui Lanny Sinkin, 11-4-15… “Letter to Ninth Circuit Court” [re: “Notice of Absent Party”]

  1. Pingback: About “Na’i Aupuni”, Pt 2… “Ali`i Mana`o Nui Lanny Sinkin, 11-4-15… “Letter to Ninth Circuit Court” [re: “Notice of Absent Party”]” | Kauilapele's Blog

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