Friday, March 29, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, September 24, 2021
Supreme Court Allows Investigation of Anti-Telescope Group
By News Release @ 8:49 PM :: 2954 Views :: Hawaii County , Greenmail, Law Enforcement

Hawai‘i Supreme Court Affirms Attorney General’s Authority to Investigate Tax-Exempt Compliance of Non-Profit Organizations

News Release from Hawaii AG Sept 23, 2021

HONOLULU – In a unanimous 5-0 decision, the Hawai‘i Supreme Court ruled that the Hawai‘i Attorney General was fully authorized to issue a subpoena to obtain the bank records of the non-profit organization KAHEA: The Hawaiian-Environmental Alliance, to determine whether KAHEA’s solicitation and use of funds to support direct actions to prevent construction on Mauna Kea violated laws and regulations governing nonprofit organizations.

“The Attorney General takes seriously its important duty under the law to ensure that non-profit organizations, which obtain financial benefits from tax exemptions and solicitation of tax-deductible donations, comply with the law,” Attorney General Clare E. Connors said. “It is the obligation of the Attorney General to investigate when it appears organizations may be using their ‘taxpayer-funded subsidy’ in contravention of longstanding federal and state law regulating activities that are supposed to serve the public interest.”

In the case of In re Investigation of: KAHEA, the Supreme Court ruled that the Hawai‘i Attorney General has a duty to “represent the public interest in the protection of charitable assets,” and that a determination of whether an investigation into non-profit organizations is in the public interest rests solely with the Attorney General. The Supreme Court refused to quash the subpoena and rejected arguments that the subpoena violated KAHEA’s First Amendment rights. In its opinion, the Court held that the Attorney General’s ability to issue subpoenas in the public interest “rests squarely with the Attorney General. Not with KAHEA. And not with this court.”

The Supreme Court’s decision affirms the well-established understanding that, in exchange for considerable tax-benefits subsidized by all taxpayers, non-profits are subject to the broad investigatory oversight of the Attorney General and to the many investigatory tools available to ensure compliance with the law.

PDF: Court Ruling

HLN: HSC Defines Outliers of Attorney General's Investigatory Powers

HTH: Supreme Court affirms, but further limits, subpoena of KAHEA bank records

CB: As TMT Works To Build On Mauna Kea, Two Telescopes Are Coming Down

B:  Hawaii Can Subpoena Nonprofit to Examine Tax-Exempt Status

SA: Supreme Court partially approves subpoena into bank records of group opposing TMT

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT