Flacking for President Barack Obama's "new" health care plan, White House Press Secretary Robert Gibbs told reporters assembled for yesterday's press briefing: "The president posted ideas of his on the White House website today. We hope Republicans will post their ideas either on their website, or we'd be happy to post them on ours, so that the American people could come to one location and find out the parameters of what will largely be discussed on Thursday." And this might have been a small bit of successful Obama administration gamesmanship on health care and transparency in government except for one small problem: reality. Not only do House Republicans already have their own health care plan, not only is it already available online, but the White House's own website already links to it!

• New, Undefined Sovereign Powers
• Immunity from lawsuits
• New Membership Criteria
• Lack of Definitions

Once Washington formally recognized the fledgling Native Hawaiian governing entity, that entity would have . . .

 “inherent power and authority to determine its own membership criteria, to determine its own membership, and to grant, deny, revoke, or qualify membership without regard to whether any person was or was not deemed to be a qualified Native Hawaiian constituent under this Act” (emphasis added)

“The HSTA’s latest action proves once again that the union leaders care more about money than educating Hawai‘i’s children.  Instead of accepting the generous offer of $50 million I proposed last November that will allow the immediate return of children and teachers to the classroom, the HSTA is spending their time on frivolous complaints."

A hearing for House Bill 2311, The Flag Bill, has been scheduled for this Wednesday, February 24 at 9:10 a.m.  

Should the Hauula Fire Station Relocation project siphon funds from the Community Development Block Grants to build this $10M project when those funds could go to help support Oahu’s struggling non-profits? Is this the right priority in today's economy?

Should the Native Hawaiian governing entity unlawfully establish a casino despite Section 10(a) of the rewritten bill, then Section 9(c)(3)(H) of the rewritten bill could prevent the State of Hawaii from going to court to shut-down the illegal gaming operation....

This potential loophole is not an invented fantasy.  Over the years, there have been Indian casinos operating without state-approved compacts and in violation of state law.  If Congress passes the rewritten bill with this loophole, then the only authority that the State of Hawaii and its citizens could have to rely on to stop the illegal operation would be the federal government, which has been lax in acting on such matters.

The bill to establish a gaming commission to oversee casino gaming is moving this legislative session. If passed, the bill (HB 2251 HD1) would allow the gaming commission to issue one 5-year license to a casino gaming operation in a county with a population of more than 500,000. The bill also creates a wagering tax on casino gaming. (HB2251 HD1 - click to read bill). 

Well, I’m certainly pro-transit. I think a rail system in some configuration would be good for us; but I want to make certain we can afford it over the long-term.

I wanted to be able to look him in the eye and say, “Look, this is not politics. This is the most expensive transit project in the history of America.  Per-capita there is no system that has cost this much in such a small population base as Hawai‘i and people need to realize that. 

When I said that to him, he did not respond back or challenge that fact; and it is a fact.

“The basic problem as I see it, is that in the current version of the bill, the ‘governmental’ (non-commercial) activities of the Native Hawaiian governing entity, its employees, and its officers, will be almost completely free from State and County regulation, including free from those laws and rules that protect the health and safety of Hawai‘i's people, and protect the environment. ’Governmental’ activity is a broad undefined term that can encompass almost any non-commercial activity.

“This structure will, in my opinion, promote divisiveness and litigation, rather than negotiation and resolution. 

“I do not believe such a structure, of two completely different sets of rules – one for ‘governmental’ activities of the Native Hawaiian governing entity and its officers and employees, and one for everyone else – makes sense for Hawai‘i. 

“In addition, under the current bill, the Native Hawaiian governing entity has almost complete sovereign immunity from lawsuits, including from ordinary tort and contract lawsuits, and I do not believe this makes sense for the people of Hawai‘i.

By a voice vote, the House Rules Committee today authorized Rep Neil Abercrombie (D-HI) to introduce a “substitute amendment” which replaces the old version of the Akaka Bill (HR2314) passed in December by the House Committee on Natural Resources.  As a result of today’s vote, Abercrombie’s new version of the Akaka Bill will go directly to the floor of the House.

The Court held that the Congress cannot create an Indian tribe where one does not exist, but can rather, only recognize groups who have long operated as a tribe with a preexisting political structure . . .

Even though the House Rules Committee will take up this bill tonight at 5 pm and the full House may vote on the bill as soon as tomorrow, Natural Resources Committee Republicans are believed to be the only entity providing the public with the new legislative language as it is currently unavailable on the majority’s House Rules Committee website and Natural Resources Committee website.

“Bennett said the state's concerns about the Obama administration's language have been addressed by the parties.  However, he said, the state still has strong objections to clauses in the new draft that could give immunity from state law to the entity, its employees and officers while they are conducting government activity.”

The New York Times reported this past Friday that the White House is drafting, and will release this morning, a final health care bill they expect Congress to pass quickly. And this bill is specifically designed to pass without any conservative support:

Democratic officials said the president’s proposal was being written so that it could be attached to a budget bill as a way of averting a Republican filibuster in the Senate. The procedure, known as budget reconciliation, would let Democrats advance the bill with a simple majority rather than a 60-vote supermajority.

And a "simple majority" does not mean they need 51 Senators. The nuclear option the White House is now pushing, reconciliation, only requires the Obama administration to muster 50 votes before Vice President Joe Biden can cast a tie breaking vote in favor of a government takeover of health care.

“I let the Secretary know that we would be doing a separate, independent financial analysis of the plan for the rail, and I suggested to him that we take our financial analysis and the one that they will have done – that the government requires at the federal level – and share that information so we’re all working from the same set of numbers. They agreed that it’s important for the public to have really one set of numbers that they’re looking at. So when people want to judge whether it can be afforded over the long term or not, at least we're talking about the same numbers. I think that was very, very important today,” the Governor said.

(No mention of Monday's Akaka Bill hearing in this news release.  A sign of gubernatorial displeasure with the latest version?)

“In a majority of disenrollment cases, however, some tribal officials are, without any concern for human rights, tribal traditions or due process, arbitrarily and capriciously disenrolling tribal members as a means to solidify their own economic and political bases and to winnow out opposition families who disapprove of the direction the tribal leadership is headed.”  -- David E. Wilkins, Lumbee, professor of American Indian studies at the University of Minnesota

Contrary to popular opinion, Indian reservations have a history in Hawaii. An Oct. 12, 1999, article in the Honolulu Star-Bulletin describes the efforts of Kamehameha Schools/Bishop Estate (KSBE) trustees in 1995 to evade oversight of their corrupt doings. The Trustees’ self-serving investments caused losses of $264,090,257 in 1994 alone. To avoid scrutiny, they considered moving KSBE corporate headquarters out of Hawaii to the windswept plains of the Cheyenne River Sioux Indian reservation in South Dakota.

With the discovery of oil the U.S. government became intensely interested in settling the land claims. In 1971, in a special convention of the Alaska Federation of Natives Association five hundred and eleven (511) delegates approved the final draft of a Congressional legislative settlement. Fifty-six (56) delegates voted against the settlement. (Delegates from the North Slope made up a disproportionate number of those opposed.) It is also worth noting that President Nixon, even before the vote of the Alaska Federation of Natives, had already signed the legislation into law.

The legitimacy of the vote, with five hundred and sixty seven delegates representing all Native peoples, was questioned at the time and is still. There were no village meetings; the vote was never ratified or debated by Alaska Native communities or individuals. The discovery of oil had moved the resolution of land claims to 'fast forward'. Many would say that the political process was hijacked.

Rep Neil Abercrombie (D-HI) is preparing to introduce a third version of the Akaka Bill in the US House to replace the existing text of HR 2314.  And, according to one source, staffers in the office of Senator Dan Akaka (D-HI) are writing an amended version of S1011 to introduce in the Senate in place of the bill passed by the Senate Committee on Indian Affairs.

On Monday February 22 at 5PM EST (12 Noon HST) the House Rules Committee will consider allowing Abercrombie to amend the old version of the Akaka Bill with the latest new version.

Three votes were not counted by the Chief Clerk- Representatives Tom Brower, Marilyn Lee, and Maile Shimabukuro.

Had these three votes been accurately counted and made inclusive with the fourteen votes that were counted, the total would have been seventeen votes.

Seventeen votes in the affirmative is what was needed to recall HB2311 from committee.

See the hands raised in the video . . .

There are some no-cost measures our federal government could take that could create the space for American entrepreneurship and private investment, resulting in real long-term job growth. Heritage fellow James Sherk identifies eight such measures . . .

WASHINGTON, D.C. – After House and Senate Committees approved two different versions of the Native Hawaiian Government Reorganization Act of 2009 (Akaka bill) last December, House Democrats have now released another rewritten version of this bill.  The House is expected to vote on the latest altered text next week.

Abercrombie admits the “15,000 jobs” created by stimulus in Hawaii claim comes from “a template going out all across the country” and explains:  "This kind of stuff is dysfunctional.  It further demoralizes the population.  It makes people sick of politicians.”   (Then why’d you vote for it Neil?)

HONOLULU, HAWAII - The state House of Representatives today passed on third reading a bill that would set new employer contribution rates for unemployment insurance. Unless legislation is passed, the rates will soar in the coming year due to the poor economy and high unemployment negatively impacting Hawaii’s businesses.

17 votes were needed. 

Yesterday, I joined a broad coalition of conservative leaders representing a wide spectrum of the movement including fiscal, social, cultural and national security conservatives, to sign The Mount Vernon Statement. In light of the challenges facing the country and the need for clarity, we needed to produce this defining statement of conservative beliefs, values and principles. It is the culmination of a thoughtful deliberation about our nation’s principles. I was proud to participate in that discussion, and to chair the committee that drafted the statement.

As of fiscal year 2007, Hawaii—like 19 other states—had failed to sock away any assets to cover this long-term bill coming due. Relative to the size of its payroll and population, it has one of the greatest burdens—$10.8 billion—of any state in the country.

WASHINGTON (AP) - Law officials have identified the pilot who crashed into an Austin, Texas IRS building as Joseph Stack and say he left an angry letter on his company website.

“Once again the Democrat majority is writing bills behind closed doors without any contribution or consideration from the minority.  When the Native Hawaiian bill passed out of the Natural Resources Committee in December, it was clear there was more work to be done before the bill was brought before the full House and I asked that everyone have the opportunity to thoroughly review and comment on any changes—obviously that request hasn’t been met when the House is expected to be voting in a few days and we don’t even have a copy of the rewritten bill."

During Thursday's legislative session, February 16, H.B. 2311 will be recalled to the House Floor. The move will require 17 votes to recall it to the House Floor and 26 votes to keep it alive.  

"We are asking all veterans and patriots to call their state representatives and join us on Thursday at the State Capitol to show their support for this important legislation."  Rep. Pine stated.

Similar homeowner's association rules that hinder flag displays are being challenged across the country.  In 2009, one Virginia association gained nationwide attention when it ordered Army Col. Van T. Barfoot, a 90-year-old recipient of the Purple Heart and the Medal of Honor, to remove the flagpole from his home.

As newspapers across the country have noted this morning, President Obama's nuclear loan guarantee announcement is really nothing more than a transparently cynical attempt to revive his moribund cap-and-trade/energy tax proposals currently languishing in the Senate.

Professor Jones also conceded the possibility that the world was warmer in medieval times than now – suggesting global warming may not be a man-made phenomenon.  And he said that for the past 15 years there has been no ‘statistically significant’ warming.

At the one year mark unemployment is now 9.7%, after rising above 10%, and the U.S. economy has lost 4 million jobs leaving the White House 9 million jobs short of the 138.6 million they promised to deliver by December of this year. By any objective measure President Obama's $862 billion stimulus must be judged as a complete failure.  

Undeterred by these facts, the White House Council of Economic Advisers (CEA) published a report on the economic effects of the Administration's economic stimulus plan claiming that there are 2 million more jobs in the economy than there otherwise would have been had the President's stimulus not become law.

  ‘LAVA DOGS’, the 1st Battalion 3rd MARINES, and other forces deployed into Helmand Prov. AFG.  Lava Dogs are from Marine Corps Base, Hawaii and trained for Afghan combat at Pohakuloa last July. 

Video of Ed Case speaking to Big Island GLBT group.

Quietly, with no media notice, a joint meeting of two House Committees met February 3 to consider HB 2241, confiscating "unencumbered" Ceded Lands from native Hawaiians and other beneficiaries and transferring them in advance to any Akaka Tribe created by Congress.

The third Monday in February has come to be known—wrongly—as President’s Day. But, this is not a day to celebrate every president in our Nation’s history: like one who served only a month in office. This is the day that we celebrate the man who led America to victory in the War for Independence, who was instrumental in the creation of our Constitution, and whose character forever shaped the executive branch. We celebrate George Washington. That’s why it’s Washington’s Birthday; not President’s day.

Wiwo...wiwo...wiwo.  

The sound floats on the winds of Ka Lae, this southernmost tip of Hawaii's Big Island, where Polynesian colonists first landed some 1,500 years ago.

Some say that Ka Lae is haunted -- and it is. But it's haunted not by Hawaii's legendary night marchers. The mysterious sounds are "Na leo o Kamaoa"-- the disembodied voices of 37 skeletal wind turbines abandoned to rust on the hundred-acre site of the former Kamaoa Wind Farm.

WHEREAS, according to the World Health Organization, 1.6 billion people do not have adequate food and clean water; and

WHEREAS, global governance related to global warming and reduction of CO2 would ultimately lock billions of human beings into long-term poverty:

Malulani Foundation offers solutions to the very serious problems faced by HHSC and MMMC. Our community can start fresh, with a new hospital and a new vision for healthcare on Maui.

Dr. Ron Kwon started the process for the original Malulani Group to bring a new hospital to Maui and was not successful. Dr. Kwon was very disappointed, left the island and is now affiliated with a major hospital in Boston.

The goal of Malulani Foundation is to bring a private, full service, state of art, 450 bed teaching hospital to Maui which will provide further needed diversity for economy to Maui and a source of jobs for our Maui people.

Laupahoehoe has voted to convert Laupahoehoe High and Elementary School (LHES) to a public charter school. League of Women Voters’ past president Sue Irvine and volunteers Margaret Drake, Marianna Scheffer were kept busy all day collecting secret ballots from parents and staff of LHES. One hundred forty five out of 180 voters cast their ballots in favor of charter conversion.  Only 35 opposed.

In the wake of last year's "endangerment finding," the EPA now has the authority to regulate carbon dioxide under the Clean Air Act. But the Clean Air Act was designed to address specific pollutants, and its sweeping one-size-fits all regulation was not meant to address carbon dioxide.

To prevent a major power grab by unelected government bureaucrats, Senator Lisa Murkowski (R-Alaska) has introduced a resolution of disapproval to keep the EPA from moving forward on its own while Congress continues to debate the issue.

Yesterday in Tehran's Azadi Square, hundreds of thousands of Iranians turned out to listen to President Mahmoud Ahmadinejad's speech marking the 31st anniversary of the Islamic Revolution. Ahmadinejad did not disappoint the adoring crowd, defiantly announcing that Iran had become a "nuclear state," adding: "The Iranian nation is brave enough that if one day we wanted to create an atomic bomb, we would announce it publicly and would create it."

Challenged to stay in the US House in order to provide President Barack Obama with the deciding vote in favor of any Obamacare compromise, Neil Abercrombie has refused.  Naturally, the drama—which could be very damaging to Abercrombie’s standing among Hawaii Democrats—has played out with only the barest notice in Hawaii media.

Considering that NBC/GE  has already received billions in TARP bailout cash from the Obama administration and is actively lobbying for a global warming energy tax bill so that it can receive billions more in government green-energy subsidies on top of the millions it already receives, we are sure to hear lots from NBC announcers about how the lack of snow in Vancouver is just another reason Washington needs to act now to stop global warming.

But back in Washington, the global warming scare-monger crowd is singing a slightly different tune. Facing record snowfalls, Time is reporting: "Snowstorm: East Coast Blizzard Tied to Climate Change." But do not confuse this headline with Robert F. Kennedy Jr.'s column from two years ago claiming that global warming was causing "anemic winters" in the Washington region.

Case in 2006 earned the hatred of Hawaii Democrats by implying that Senator Dan Akaka was feeble-minded, ineffectual, and too liberal.  In a repeat performance, on December 18 he told The Hill that Senate President Colleen Hanabusa "has no clue."  Now he cries to his friends at KITV: 

"People have to turn the campaign negative against you in order to advance.  They are going to try to tear you down.  I am not looking forward to that.”

Moody’s Investors Service, Standard & Poor’s Ratings Service and Fitch Ratings affirmed the State’s bond ratings of Aa2, AA and AA, respectively.  Standard and Poor’s Ratings Service cited one of the State’s credit strengths as, “the governor’s willingness to implement aggressive solutions to balance the fiscal 2010-2011 biennial budget given lower general fund tax revenue forecasts.”

(Good thing these got sold before S&P finds out about the Legislature.)

We share the goal of the Rise Above Plastics coalition to make Hawaii a litter free place.  However, we believe efforts to promote recycling and educate people about litter prevention are much more effective means to reduce waste and protect our environment.  No litter, including plastic, belongs in the ocean.  Plastics belong in the recycling bin—not targeted for bans or taxes.  Protecting our shore lines and eliminating ocean litter has no geographic or political boundaries, so solutions must involve international partnerships and be global in scope.  We can do our part by enforcing litter laws, encouraging and promoting recycling programs and remembering to reuse our own shopping bags regardless of their material type.