(c) Copyright 2004 - 2005, Kenneth R. Conklin, Ph.D. All rights reserved
SUMMARY
On Friday September 17, 2004 John Philip Souza, alias "Pilipo,"was found guilty in a jury trial on four counts of theft and false statements in his State of Hawai'i income tax filings for 1999 and 2000. Mr. Souza claims that the Kingdom of Hawai'i was illegally overthrown in 1893, and therefore the State of Hawai'i is not legitimate and lacks jurisdiction to compel him to pay taxes. He further claims that he is a subject (citizen) of the still-living Kingdom of Hawai'i. Although acknowledging that he has no Hawaiian native ancestry, he points out that under Kingdom law (which be says still remains in effect), all persons born in Hawai'i (including himself) are native-born subjects of the Kingdom. Mr. Souza was imprisoned for about 80 days while awaiting trial because of his refusal to cooperate with court procedure; and described himself as a "political prisoner." Hawaiian independence activists are happy to have a martyr, especially someone with no native ancestry who can be cited as an example that the sovereignty movement is not racist. However, while acknowledging that being born in the Kingdom was sufficient to make someone a subject with full rights, the activists nevertheless have devised intricate theories to show that under "international law"most locally-born residents of Hawai'i today (including Pilipo himself) would qualify only for second-class citizenship in a resurrected independent Hawai'i. "Pilipo", his family and friends pleaded for prayers, and of course for money to pay legal costs including an anticipated appeal on many levels. Tax evasion and legal procedure are increasingly being used as vehicles for civil disobedience and propaganda as Hawaiian activists seek to undermine the sovereignty of the State of Hawai'i and the United States.
Most of the webpage below was published on October 12, 2004 in Hawaii Reporter on-line newspaper, with a request that readers write letters to the judge prior to sentencing to encourage the judge to give substantial punishment to Mr. Souza. (Friends and family of a defendant found guilty are often encouraged to write pre-sentencing letters to a judge; and there's no reason that other community members should not also do that.) The article was published at:
http://www.hawaiireporter.com/story.aspx?3df8c375-7e79-4e5b-a201-b60581e219e3
On December 29, 2004 Mr. Souza was sentenced to one year in prison, with credit for the 82 days he has already been incarcerated. He will also remain on probation for four additional years after his prison sentence has been served, and must pay $6100.00 restitution to the State of Hawai'i as a condition of probation. The judge warned that if Souza refuses to pay taxes, his probation could be revoked and he will be resentenced to a maximum five-year prison term.
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[Photo from the Honolulu Advertiser of December 30, 2004, with original URL:
http://the.honoluluadvertiser.com/dailypix/2004/Dec/30/ln23a.jpg]
INTRODUCTION
Most of us know John Philip Sousa as the composer of the American partiotic song "Stars and Stripes Forever" and other rousing marches. But there's a different John Philip Souza (with a Z in his name), alias "Pilipo", now living in Hawai'i. Pilipo is not at all patriotic toward America. In fact, he is trying to overthrow the government of the State of Hawai'i, and destroy the sovereignty of the United States in Hawai'i.
Pilipo hopes to do this by using tax evasion and court procedure as tools to challenge the legitimacy of the State of Hawai'i. He has been found guilty in a jury trial, and awaits sentencing on December 29.
Pilipo has circulated a plea for money to cover legal expenses, and for prayers -- and for people to write supportive letters to the judge asking for leniency.
But we can also write letters to the judge asking for a harsh sentence. That's what I have done; and that's what I encourage readers of this article to do (unless you're reading it after November 1, 2004). Does that seem nasty?
It's time for the people of Hawai'i to defend ourselves against sovereignty activists trying to overthrow our government. One way to do that is to demand that judges impose harsh sentences on people convicted of crimes committed for the explicit purpose of undermining our laws and the authority of our government.
Let's remember that recently Judge Sandra Simms was denied retention in office by the Judicial Selection Commission, perhaps because of public outcry against her excessive leniency in sentencing both violent and non-violent criminals. Judge Simms' loss of her job serves as a deterrent to other judges who might be too lenient. With the memory of Judge Simms fresh in the mind of the judge who will sentence Pilipo, it seems like a good time to write to that judge to demand a harsh sentence.
Some might argue that non-violent civil disobedience in pursuit of political change is noble, and that people convicted of "political" crimes deserve gentle treatment. Indeed, that was the view expressed in court by Judge Simms when she pronounced sentence on sovereignty activist David Keanu Sai on March 7, 2000. The maximum sentence for Keanu Sai's crime (attempted grand theft [of a house]) was 10 years in prison. But Judge Simms gave a sentence of probation, accompanied by kindly words from the bench expressing appreciation for the difficulties of trying to pursue social justice, and granting permission for Sai to travel abroad to seek a decision from an arbitral tribunal that he hoped would destroy American sovereignty in Hawai'i. My own opinion is that crimes committed for the purpose of overthrowing the government are far more serious than crimes committed for personal greed, and should be dealt with very harshly at sentencing.
Pilipo's case is especially interesting because he has no Hawaiian native ancestry. Apparently he also does not claim to be descended from any Hawaiian Kingdom subject from before the overthrow of 1893. He merely says he was born in Hawai'i; and that Kingdom law recognizes that people born in Hawai'i are Kingdom subjects; and that the laws of the Kingdom are still in force because the overthrow was illegal as the U.S. "confessed" in the apology bill commemorating its 100th anniversary. Therefore Pilipo says he is a subject of the still-living Hawaiian kingdom, and the illegal State of Hawai'i lacks jurisdiction over him.
Haven't we been subjected to enough of these crazy claims? Of course it's a free country, and if someone wants to assert a weird legal argument and suffer the consequences, he's free to do so. But perhaps the time has come to make those consequences severe enough to discourage frivolous claims from clogging up our courts, and to encourage people to get real license plates and drivers' licenses, and pay their taxes, instead of claiming a sovereignty exemption.
ORDER OF TOPICS:
KEN CONKLIN'S LETTER TO JUDGE MICHAEL WILSON PRIOR TO SENTENCING, REQUESTING HARSH PENALTIES
PUBLISHED NEWS REPORTS EXPLAIN SOUZA'S THEORY AND DESCRIBE HIS TRIAL AND ITS OUTCOME
STATEMENTS FROM SOUZA AND HIS FRIENDS PORTRAYING SOUZA AS A POLITICALPRISONER AND PLEADING FOR MONEY FOR LEGAL COSTS
REFERENCES -- LINKS TO OTHER WEBPAGES EXPLAINING IMPORTANT SOVEREIGNTY ISSUES AND PROVIDING INFORMATION ABOUT OTHER SOVEREIGNTY-RELATED TAX EVASION
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KEN CONKLIN'S LETTER TO JUDGE MICHAEL WILSON PRIOR TO SENTENCING, REQUESTING HARSH PENALTIES
** Note: When a criminal has been convicted, a defense attorney or judge might request a presentence report to provide information about the offender and his past history with a view toward seeking a lenient sentence. In recent years victims have also been allowed to give statements prior to sentencing, allowing victims to explain the seriousness of the crime and its impact on them, and to ask for either leniency or a harsh sentence. Members of the general public should also feel free to write presentence comments, especially when a crime has an impact on the the entire society or legal system. Since it is a breach of ethics for a judge to have "ex parte"communication about a case over which he is presiding, comments from a defendant's friends, family, victims, and the public should be routed through the probation department and/or prosecutor's office. A file of accumulated comments will then be given to the judge after both the defense and prosecution have had a chance to see the file.**
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Honorable Michael D. Wilson
First Judicial Circuit Court
777 Punchbowl St.
Honolulu, HI 96809
via
David M. Kato
Adult Client Services Branch
777 Punchbowl Street/ 1st Floor
Honolulu, Hawaii 96813
cc: "Sherwin", clerk to Judge Wilson
October 11, 2004
Aloha Judge Wilson,
Please consider some information and opinion regarding the sentencing of John P. Souza, found guilty of tax evasion in case CR 03-1-2024.
I am asking you to impose the harshest sentence allowed.
As you may be aware, Mr. Souza did not commit his crime out of ignorance or error, which might be reasons for leniency. His purpose is to challenge the legitimacy of the sovereignty of the State of Hawai'i. He portrays himself in the media and internet as a "political prisoner." No leniency should be given to people who use tax evasion, and abuse our judicial system, as vehicles to overthrow our government. The example he sets will encourage others to follow his path, especially if he gets a lenient sentence.
Numerous Hawaiian sovereignty activists and family members will write letters on his behalf pointing to his "clean record," a history of public service; and that he and his family have already suffered emotionally and financially from his incarceration and trial. But Mr. Souza deserves no pity. He has brought these circumstances upon himself and friends deliberately, with malice of forethought, in his Hawaiian nationalist belief that (ab)using our courts to overthrow our government is worth whatever it costs.
At sentencing your courtroom may be packed with sovereignty activists. When you enter the room, please take a moment to observe how many people in the gallery fail to follow protocol when the bailiff announces "All rise!" They show contempt for your court. They deny your jurisdiction over "Hawaiian Kingdom subjects." Perhaps you should expel them, or hold them in contempt. Every person who fails to rise is a living "exhibit" to support my belief that you must give Mr. Souza the harshest possible sentence as a deterrent against others who intend to use tax evasion as a vehicle for "civil disobedience" against a State of Hawai'i they consider illegitimate.
I remind you that there have been a significant number of "Hawaiian sovereignty" tax evasion cases. Some ordinary tax evaders might offer the sovereignty argument merely as a convenient excuse or tool for trying not to pay taxes. But here it's the other way around: tax evasion is merely a tool to abuse your court as a vehicle for public propaganda or to work toward a political objective of undermining our government. Owners, accountants, and clients of RB Tax Preparation service have been found guilty of preparing thousands of fraudulent tax returns claiming the foreign earned income tax credit on grounds that Hawai'i is not part of the U.S.A. On November 5, 2003 KITV reported 30 "The Bus" drivers were under investigation for tax evasion based on claims of Hawaiian sovereignty. Lokelani Lindsey, former Bishop Estate trustee, filed with Judge Ezra's court documents written by herself and alleged current "officials" of the "Kingdom of Hawaii" claiming discrimination against Native Hawaiians in general and herself in particular.
The public is fed up with excessive leniency shown by kindly judges to both violent and non-violent criminals. That unhappiness was shown most recently in the denial of retention in office to Judge Sandra Simms, notorious for her inappropriate leniency. We, the public, expect judges to be fair, not only to defendants, but to the long-term public welfare and stability of society. In cases where a criminal uses tax evasion and the judicial system to try to overthrow our government, harsh sentencing is needed both for retribution and for deterrence. Furthermore, the effectiveness of "civil disobedience" also depends on harsh sentencing to elicit sympathy. If Mr. Souza enjoys being known as a "political prisoner" and if the sovereignty activists need a martyr to their cause, let's help Mr. Souza fulfill his role in this drama.
Sincerely,
Kenneth R. Conklin, Ph.D.
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PUBLISHED NEWS REPORTS EXPLAIN SOUZA'S THEORY AND DESCRIBE HIS TRIAL AND ITS OUTCOME
http://the.honoluluadvertiser.com/article/2004/Aug/03/ln/ln12a.html
Honolulu Advertiser, Tuesday, August 3, 2004
Court to hear sovereignty defense in tax evasion case
By Vicki Viotti
A Kane'ohe man who says he is a citizen of the Hawaiian kingdom is in jail awaiting trial this week in a legal battle over whether he owes the state $6,170 in income tax.
The case of John P. "Pilipo" Souza, a retired Honolulu fire captain and private insurance investigator, is the latest action by sovereigntists who assert their Hawaiian citizenship by disregarding certain U.S. and state laws they say don't apply to them.
A trial before state Circuit Court Judge Michael Wilson is set for tomorrow, when Souza, 66, will face second-degree theft and fraud charges.
He has spent more than a month in the O'ahu Community Correctional Center, because he refused on June 28 to participate in the trial proceedings, and his bail was revoked.
The strain on his family was starting to show last week, when he sought unsuccessfully to get bail restored. As the sheriff led Souza away, he blew a kiss to his tearful wife, Leota, and waved to friends in the gallery.
Souza was indicted in September on two counts of making "false and fraudulent statements," said deputy attorney general Joan Ha'o, when he claimed in two amended state tax returns that his "adjusted income" for 1999 and 2000 was zero.
The two counts of theft stem from income tax refunds — $2,962 for 1999 and $3,208 for 2000 — that he received based on those returns, Ha'o said.
Like many sovereignty activists, Souza maintains the kingdom was never legally terminated and that its laws still apply — including laws that make anyone born in Hawai'i eligible for citizenship at birth.
Among the activists are Nathan Brown, a protester convicted of tax fraud in 1993 and a fugitive until his arrest last year.
Unlike most sovereigntists, however, Souza is of Portuguese, not Hawaiian, ancestry. But he and supporters such as sovereignty activist Leon Siu say Souza may claim Hawaiian citizenship, pointing to the multi-ethnic makeup of the Hawaiian nation before the monarchy was overthrown in 1893.
Central to Souza's case is his contention that he renounced his U.S. citizenship in 1996, giving written instruction to his private employer not to withhold taxes, Siu said. The taxes continued to be withheld until he retired last year, when he filed for the refund.
He also maintains that state courts have no jurisdiction to try him, Siu said, so Souza has insisted on representing himself. "Once you have an attorney appointed by the court, you waive your objections to the jurisdiction," added William Amona, another supporter and longtime Hawaiian activist.
At two court dates — April 14 and June 28 — Souza refused to leave the gallery to let the trial begin. He was taken into custody at the April hearing but released after stating that he would come to trial in June.
However, when in June he declined again to "enter the bar" to enable jury selection to begin, his bail was revoked and he was sent to OCCC.
He remained there until Friday, when he appeared at a hearing on a motion to restore bail so he could leave OCCC, meet with witnesses and prepare for his trial. "I have not been able to go to the library," Souza told Wilson. "I have not been able to do any research to further my case. I have been academically disconnected."
He promised Wilson that, because he does not want to serve more jail time, he would not delay trial procedures further. Wilson did not accept that promise, and would not allow Souza to bail himself out.
"I don't question that at this time you might be sincere," Wilson said. "But you were sincere in April, and after that you didn't keep your word. ... I cannot contribute to a disrespect of the jury system."
Amona, who also considers himself a Hawaiian citizen and views the U.S. control of Hawai'i as fraudulent, said Souza's sincerity lies in the course he's following while others try to avoid making such a difficult choice. Sovereigntists can't justify making their case while remaining U.S. citizens, he said.
"If they're sincere and want to restore the Hawaiian kingdom, they have to understand who they are," Amona said.
State attorney Ha'o, however, applauded arguments Wilson made in earlier proceedings, when the judge advised Amona to pursue change through legislative means rather than risking a criminal record. She also said tax cases such as this one seem motivated by "self-interest."
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http://the.honoluluadvertiser.com/article/2004/Aug/06/op/op20aletters.html
Letter to Editor
Honolulu Advertiser, August 6, 2004
Doing time shouldn't apply for this 'crime'
As I write this, my neighbor, John "Pilipo" Souza, sits in a cell at OCCC for committing an act of political protest. Mr. Souza is a very honest, honorable man who is deeply committed to seeing justice done for the kanaka maoli. One can question his tactics but not his integrity.
I find it ironic that ex-radicals can try to scam some $8 million from an insurance fund and be allowed to plead no contest, possibly receive a deferred sentence and not spend a day in jail while my neighbor, a truly good and honest man, is in jail for an act of political protest.
The same issue of the newspaper covering Pilipo's story also included an article about how crooks in the financial industry had acquired millions of ill-gotten gains at the public's expense yet had only received a hand slap and a fine that amounted to the cost of doing business.
The lesson seems to be, if you protest past wrongs, you go to jail, yet ripping off the public to the tune of millions of dollars is a minor offense without any serious consequences.
Thomas C. Mountain
Kane'ohe
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http://the.honoluluadvertiser.com/article/2004/Sep/18/ln/ln30a.html
Honolulu Advertiser, Saturday, September 18, 2004
HAWAI'I BRIEFS
Kane'ohe man guilty in tax case
A Kane'ohe man who says he was a citizen of the Hawaiian kingdom in his bid to contest tax charges was found guilty yesterday of theft and making false statements on his state tax returns.
John P. "Pilipo" Souza, 66, a retired firefighter, was found guilty by a Circuit Court jury of the felony charges related to refunds of $2,962 for 1999 and $3,208 for 2000 based on his state tax returns.
The four counts of theft and false statements each carry a maximum sentence of up to a five years in prison.
Souza had maintained the Hawaiian kingdom was never legally terminated and his wages cannot be taxed by the state. He told Circuit Judge Michael Wilson he plans to appeal the convictions.
Souza has spent 81 days in jail for failing to comply with bail conditions, but Wilson yesterday released him pending the sentencing scheduled for Dec. 29.
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On December 1, 2004 a feature article about this case was published in "MidWeek"newspaper: "The Kingdom Has Come", pages 10 and 61. MidWeek is mailed free of charge to every household on O'ahu every week on Monday, Tuesday, or Wednesday; and includes feature articles, commentary, and advertising circulars for all the major supermarkets. Unfortunately most articles, including this one, are not available on the newspaper's small website. The December 1 article was about 46 column-inches long, not including a 7x5 inch photograph of six people in front of a decorated 'Iolani Palace. The group "Ke Aupuni O Hawaii Nei" claims to be the revived Kingdom of Hawai'i, and issues its own passports (small photo). The large photo shows six people, but the caption names seven, left to right! The caption on the large photo, with 'Iolani Palace in the background, identifies Leon Siu as foreign minister; Kealoha Aiu, minister of interior; Lydia Amona, kupuna council; William Ko'omelani Amona, kupuna council [and attorney for Pilipo]; Kimo Turnet, minister of finance; Aran Ardaiz, attorney general; and Pilipo Souza, kupuna council. The article was very respectful toward the group, more or less portraying them as patriots fighting for the rights of the Kingdom of Hawai'i by not paying income taxes, not having State of Hawai'i license plates and drivers' licenses, etc.
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On December 29, 2004 John "Pilipo" Souza was sentenced. Here is the news report.
http://the.honoluluadvertiser.com/article/2004/Dec/30/ln/ln23p.html
The Honolulu Advertiser, Thursday, December 30, 2004
Tax protester gets a year in jail
By Ken Kobayashi
Advertiser Courts Writer
A man who insists he's not obligated to pay state taxes was sentenced yesterday to a year in jail and warned that if he continues to refuse, he may have to serve another four years behind bars.
John P. Souza, 66, a retired firefighter, was found guilty by a Circuit Court jury earlier this year of felony theft and false statement charges related to more than $6,000 in refunds based on his state tax returns in 1999 and 2000.
Circuit Judge Michael Wilson had indicated Souza might avoid incarceration if he was willing to recognize that he has to pay state taxes. Souza yesterday said he doesn't have Hawaiian blood, but he has studied court cases and Hawai'i history that include what he called the "theft of the Hawaiian monarchy."
"I believe I have no taxable income," he told Wilson.
The judge, however, told Souza his "personal moral crusade" of refusing to pay taxes has put his wife, children and grandchildren though sacrifices that include the pain of visiting him behind bars. "It is now time for you to make sacrifices for your family," the judge said.
Wilson said taxes financed Souza's public school education, his pay in Army and the Fire Department and partly the pension he gets. Souza doesn't have to like paying taxes, but should show "the courage to pay your taxes, even though you don't like it," Wilson said.
Wilson placed Souza on five years' probation on condition that he serve a year in jail. Souza must also pay $6,100 in restitution to the state at $200 a month.
The judge warned that if Souza refuses to pay taxes, his probation could be revoked and he will be resentenced to a maximum five-year prison term.
Wilson gave Souza credit for 82 days he spent behind bars in connection with his case.
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On January 8, 2005 Hawaiian sovereignty independence activist Hayden Burgess, alias Poka Laenui, published a letter to editor saying that Hawai'i is an independent nation occupied by the foreign power United States; and therefore the people of Hawai'i do not owe taxes to the federal or state governments to pay for the financing of their own colonization.
http://the.honoluluadvertiser.com/article/2005/Jan/08/op/op10pletters.html
Honolulu Advertiser, Saturday, January 8, 2005
Letters to the Editor
Hawaiians should not have to pay taxes
Judge Michael Wilson misstates the interrelationship between Hawaiian sovereignty and one's taxpaying obligation ("Tax protester gets a year in jail," Dec. 30).
Ken Kobayashi reports "Wilson said taxes financed (John) Souza's public school education, his pay in Army and the Fire Department and partly the pension he gets. Souza doesn't have to like paying taxes, but should show 'the courage to pay your taxes, even though you don't like it,' Wilson said."
The deeper question is, "Who gave the state or U.S. government the right in the first place to impose itself as the sovereign entity over Hawai'i?" We Hawaiian nationals have no qualms about paying taxes to our rightful Hawaiian government. But through the invasion of Hawai'i and the participation in the theft of our territory and government, the United States, contrary to international law (as well as its own and Hawaiian domestic laws), imposed itself in our lands, making Hawai'i its colony.
Now, through taxation, it requires that we finance our own colonization, paying for its military, which has compelled our service for its wars and for its public education, which has participated in the brainwashing to make Hawaiians into Americans.
Judge Wilson and his judicial system complete the cycle of colonization by trying to legitimize the theft and punish those who are willing to stand firm in their conviction to righteousness.
Poka Laenui
Wai'anae
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STATEMENTS FROM SOUZA AND HIS FRIENDS PORTRAYING SOUZA AS A POLITICAL PRISONER AND PLEADING FOR MONEY FOR LEGAL COSTS
** Note from website editor Ken Conklin: Everything in this section consists of e-mails forwarded to me or posted at on-line bulletin boards. While the sources are probably reliable, and I have not made any changes in the documents I received, I cannot guarantee that the items are exactly as originally sent by their authors. The fact that an e-mail was authored by someone does not mean that it was sent to me by its author. **
Date: Mon, 05 Jul 2004
Aloha Scott,
Attached is a Word document of my take on the situation with our friend and
co-combatant Pilipo Souza. You have my permission to publish/broadcast it.
We want as many people as possible to get a glimpse of the kind of
corruption we are battling.
A hui hou,
Hawaiian Citizen a Political Prisoner of The STATE OF HAWAII
In another gross miscarriage of justice by the STATE OF HAWAII, our dear friend, compatriot, kupuna and citizen of the Hawaiian Kingdom, John Philip "Pilipo" Souza was arrested and put in jail this past June 28. He was not convicted of a crime. In fact his trial had not even started. His incarceration is part of the state's latest bullying tactic alleging tax fraud as a premise to persecute and prosecute Pilipo.
In state court on June 28, the judge, Mike Wilson admitted that he (the judge) was addressing John Philip Souza, the living soul, as opposed to the corporate fiction, JOHN PHILIP SOUZA, the entity that is actually charged with the crime. Upon hearing this distinction from the mouth of Judge Wilson, Pilipo, concluded that the charges were not against him, John Philip Souza, the living soul, but against the fictitious person. Therefore, he started to leave the courtroom. Wilson immediately ordered Pilipo arrested and put in jail.
By throwing him in jail, the state is trying to intimidate Pilipo into compliance with their system. Pilipo rightfully contends that as a God-fearing, law-abiding citizen, living within the boundaries of the Hawaiian Kingdom (his native land), he is not required to pay taxes to the de facto STATE OF HAWAII, a corporate entity that has no lawful jurisdiction over the Hawaiian Kingdom or Hawaiian Nationals like Pilipo. For the same reasons, Pilipo insists that the courts of the STATE OF HAWAII are fundamentally flawed and thus, have no lawful basis to impose any of their laws, their regulations or their procedures on him.
In 1996, like many of us, Pilipo reclaimed his citizenship to the Hawaiian Kingdom, the country of his birth. He dutifully gave legal notice to the various FEDERAL U.S. and STATE OF HAWAII agencies clearly informing them of this significant change of his citizenship status.
Pilipo then requested his employer (in essence, a surrogate tax collector for the FEDERAL/STATE) to cease withholding FEDERAL U.S. and STATE OF HAWAII taxes from his pay because he was foreign to their jurisdiction and working and residing in his own country. Against the expressed wishes of Pilipo, his employer, not wanting to stick its neck out with the IRS or State Tax Collector, kept on withholding the taxes.
When Pilipo retired last year, he filed an amended tax return to reclaim the money that had been illegally withheld from him. The state tax bureau complied and returned that money to Pilipo. A short time later, however, the STATE filed criminal charges against Pilipo for reclaiming his money, calling it tax fraud.
From the beginning of this case, Pilipo has refused the court's attempts to characterize him as a U.S. citizen (i.e. tax-slave with an ALL-CAPS-NAME). Pilipo has refused to accede to the jurisdiction of the STATE OF HAWAII, its agencies and its courts because they have not shown him that they possess lawful jurisdiction over him.
Throughout this case, the court has avoided, dismissed, rejected and otherwise refused to respond to any of Pilipo's legal filings that demand the state court, attorney general's office, and police prove that they possess lawful jurisdiction over John Philip Souza, the living soul and citizen of the Hawaiian Kingdom.
In order for a court action to proceed, the court must first establish that it has the lawful, jurisdictional authority to hear the case. This is particularly crucial for cases involving foreign nationals.
In Pilipo's case, the STATE OF HAWAII court failed to present proof that it has lawful jurisdiction. Actually, they did not even make an attempt. In all honesty, the STATE OF HAWAII cannot produce such proof because, as the end product of a defective line of succession stemming from the illegal coup d'etat of 1893, the STATE OF HAWAII is a fictitious entity, a sham, having no basis in law.
Since it cannot prove it has lawful jurisdiction over the Hawaiian Islands or Hawaiian Nationals, the court arrogantly avoids and ignores any question of jurisdiction and resorts to deception and bullying tactics. They do this even if they have to bend the laws or create new ones or lie and cheat or, as in Pilipo's and many other cases, resort to invasion and kidnapping across national boundaries.
As of this writing, Pilipo is still being detained in OCCC waiting for an August 3 trial date. He is steadfastly standing on his faith in Jesus Christ and on his principles. Though the state has offered him several "deals" in exchange for his release, Pilipo has declined them because the "deals" all require that Pilipo acquiesce to the state's jurisdiction.
The sham court of the sham STATE OF HAWAII has failed to address the question of lawful jurisdiction, the basic component required to mount any legitimate court action.
Of course the state has a lot to lose. If the STATE OF HAWAII were to admit it has no lawful jurisdiction in the Hawaiian Kingdom, then it cannot levy taxes in the Hawaiian Kingdom; it cannot arrest and prosecute a Hawaiian Kingdom citizen for not paying STATE OF HAWAII taxes; it cannot lawfully put a Hawaiian Kingdom citizen on trial; and it certainly cannot imprison the Hawaiian National, John Philip Souza. Doing so violates Hawaiian Kingdom law, international law and even the laws of the de facto STATE OF HAWAII and the UNITED STATES. The ramifications and culpability are staggering and apparently too great for the STATE OF HAWAII and the UNITED STATES to be willing to risk. It would mark the end of the U.S. occupation of Hawaii.
The trouble is that neither the STATE OF HAWAII (a puppet government of the FEDERAL UNITED STATES) nor the UNITED STATES have any compunction regarding breaking laws if it serves to continue their occupation, domination and exploitation of the Hawaiian Islands. As long as there is no one to hold them accountable, they will continue to behave like the arrogant, self-serving, greedy punks that they are.
- Leon Siu
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Date: Tue, 13 Jul 2004
Aloha Kakou,
Pilipo's wife, Leota filed a Writ of Habeas Corpus in Federal Court on Wednesday, June 30. The Writ is a legal instrument to order a detainee or prisoner be brought to the court so it can be determined whether or not that person was imprisoned lawfully and whether or not he should be released from custody. It is a powerful instrument guaranteed by the U.S. Constitution (Article I, Section 9). It is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action, as in Pilipo's case. The Writ of Habeas Corpus was invoked according to U.S. law since Pilipo is being held captive by a U.S. "state."
Amazingly (but not surprisingly) a court clerk single-handedly decided that a Writ of Habeas Corpus was just like any other "motion" so instead of immediately referring it to a Federal judge as is required by law, the clerk scheduled it for a hearing in late September!
In essence, this clerk of a U.S. Federal Court violated the core purpose of a Writ of Habeas Corpus; he redefined the legal instrument as a mere "motion" (something even a judge can't do); he denied Pilipo "due process" by not sending it immediately to a judge; and the clerk arbitrarily extended Pilipo's detainment by nearly two months (something else even a judge can't do without due process)!
The system is so corrupt and so desperate to protect itself from being exposed, that it has judges refusing to bother to establish jurisdiction, rejecting every legitimate motion for due process filed by Pilipo, and now S( it has clerks making and interpreting laws and meting out sentences.
If the Federal and State judges continue to add layer upon layer of violations to cover-up their illegitimacy in Hawaii, their system will soon collapse from the sheer weight of its own corruption.
A new complaint is being filed tomorrow, protesting the abuse of the Writ of Habeas Corpus. Let's see if the courts start to come clean or continue to pile it on.
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Date: Fri, 06 Aug 2004
Aloha Kakou,
Pilipo's struggles with the courts of the occupiers continues.
There were two recent court appearances. The one on July 30 I mentioned in an earlier update and was covered quite well in the story by the Advertiser writer, Vicki Viotti. To recap: that hearing was one that Pilipo requested, to petition judge Wilson to reinstate bail so that he (Pilipo) could be released from prison to prepare his case. Pilipo's request was denied. Pilipo was sent back to OCCC to wait for the trial to start on August 4. By that time he will have been incarcerated for 37 days!
The August 4 court date was to determine if the parties were ready to start the trial on August 9. The prosecution indicated they were ready. Pilipo, after restating his protest of not being able to prepare properly while incarcerated, said he was willing to proceed to trial in order to get this over with.
The court appointed standby counsel, however, said that "something had come up," so he could not make the August 9th start date. So the judge put off starting the trial until September 13! and sent Pilipo back to jail to wait another month!
First of all, Pilipo because he is representing himself, the living soul, has from the very beginning refused a court appointed attorney. The judge at the time (Marie Milks, I believe) insisted on appointing a "standby" counsel (Lane Takahashi) to act as an advisor to Pilipo on the technical proceedings of the court. The standby counsel's role is only to advise when asked and can never speak on behalf of the living soul.
As such, the standby counsel is not significant enough to warrant having the trial hinge on whether or not he is available. He is so incidental to the case that the judge could easily appoint another attorney to stand in.
With each step in this case, the de facto STATE OF HAWAII courts deepen their conspiratorial role to deny Pilipo any way to defend himself and to punish him for daring to press the issue of the court's jurisdictional authority. It is a vicious battle.
Please keep Pilipo and his family in your thoughts and prayers.
Malama pono,
---------------
From: Leon Siu
Aloha Kakou,
The jury selection in the case of John Philip Souza was finally completed Tuesday, September 14. The remaining 3 jurors, the 9 that were picked the day before, and 2 alternates came from a pool of about 40 prospects.
Choosing the jury took about three times longer than Judge Michael Wilson had expected and he was noticeably frustrated especially when many prospective jurors expressed reservations and even disapproval of the state's prosecution of this case. At least one said under the same circumstances he would do the same as Pilipo did. Of course, none of those people were acceptable to the prosecution and were dismissed.
During the selection process the prosecution repeated over and over to prospective jurors that they were not to allow themselves to become emotionally sympathetic to the "defendant." It appeared by the prosecutor's insistence (to the point of harping) that the jurors were to be emotionally detached, revealed that she was quite worried about the jurors (being real people with real life experiences and real abilities to understand) might side with Pilipo's plight.
The judge's and the prosecutor's statements made one realize that the constitutional requirement of "jury of peers" in Hawaii's court has come to mean: "unfeeling, ignorant, total strangers."
The trial finally started in the afternoon with opening statements.
Even though Pilipo has been severely hampered in mounting his defense, he has done an admirable job thus far. He is propria persona, speaking for himself, John Philip Souza, the living soul. He has deliberately refused to hire or to accept a court-appointed attorney (aka: "a member of the HAWAII BAR ASSOCIATION, aka : an officer of the courts of the STATE OF HAWAII"). To do so would be to concede to the STATE's jurisdiction. According to Uncle Bill Amona, "Once you have an attorney appointed by the court, you waive your objections to the jurisdiction,"
To utilize the services of a state-licensed attorney would invalidate Pilipo's claim that he is a living soul. Furthermore, it would invalidate Pilipo's position that because he is a Hawaiian Kingdom citizen. living in his own country, he is subject only to the domestic laws of his own country, the Hawaiian Kingdom).
The only reason Pilipo is in court defending himself, is because Judge Michael Wilson had Pilipo arrested, shackled and imprisoned (for 80 days now); and through threats of longer imprisonment, is forcing Pilipo to appear in court to answer to false charges. In its refusal to establish that it has lawful jurisdiction, the STATE has violated many of its own laws and judicial procedures, not to mention the civil rights of Pilipo.
Wednesday was a day off, and the trial resumes this morning (Thursday, September 16).
The outcome of this trial is uncertain. It would seem that the STATE would have a very difficult time proving to a jury that Pilipo had any criminal intent in filling out the appropriate forms (provided by the state) to legitimately ask for a refund of his money. Even though the judge has severely restricted Pilipo's ability to mount a defense it we are hoping for the best. With a jury, at least he has a chance.
Regardless of the verdict, this will be a watershed case.
If the verdict is "guilty,"Pilipo will have grounds to appeal. The appeal process would result in a thorough presentation of the issues of jurisdiction (Hawaiian Kingdom, unlawful overthrow, unlawful annexation, citizenship, tax laws, etc.) issues that Pilipo prepared and filed but has been prevented from using. An appeal would expose the procedural defects (failure to establish jurisdiction, failure to provide proper notices, false arrest, false incarceration, kidnapping across international boundaries, denial of civil rights, failure to respond to interrogatories, failure to respond to a writ of habeas corpus, and so forth).
If the verdict is "not guilty,"then Pilipo would be free to go. However, his presentations and evidence pertaining to his case regarding Hawaiian citizenship, jurisdiction, etc. will not come to light in this or any appellate court. And it won't preclude the Federal U.U. government from pressing charges.
Keep praying for victory. Pray for Aunty Lee and the rest of Pilipo's ohana. It is a very trying time for all.
Malama pono,
-------------------
[name of sender deleted to protect privacy]
I have just recieved this e-mail from John Pilipo Souza. Some of us now know first hand what it takes for justice in Hawaii and America.
Aloha Kakou,
Just an insight of what has been going on.
Mahalo for prayers and support for me and my family.
Mostly, for my dear wife Leota. We would not be able
to stand up against the oppression without prayers and
support.
During my (81) day incarceration at OCCC I learned
even more of what faith needs to be. I talked with
Iesu Kristo many times during the day and more so
during he nights.
Some of you have asked what are my plans and have
indicated your concern in helping. I have not
finalized my course of action in appealing. I do know
I have been tremendously wronged by the system even in
my awarkness in defending myself. I am planning to
appeal but all is depended upon financial support for
I have depleted all sources of my family resources due
to the lost of bail twice.
I do know justice does not serve the common poor
citizen no matter what your allegiance is too. It
takes money to open the maka of Lady Juctice. My court
transcript alone of 430 pages is over $1,075 but I
reduce the transcript to 320 pages at $800.00 for a
single copy. The court system charges $2.50 a page and
claim the Certified Court Reporters are private. You
are not allowed to make copies other than for your own
use which means an appeal will take a minimum of (3)
Certified copies for filing at another $2400.00.
I do not know if my situation qualifies to the
hawaiian as a Hawaiian issue for I am not of the koko.
But this is a Hawaiian issue for my soul basis of my
being is Hawaiian birthright. I can no longer bear
false witness against the truth of the matter. My
heart and mind is Hawaiian. I keep remembering
Kamehameha III decree of 1839, "we are of one koko,
mo'i, ali'i, maka'aiana and even the outcast kaua, one
nation under God. Israel fell when they decided they
no longer needed God as King. America is now falling.
The first people here knew I'o before he walked on
earth but they too have turned their back on I'o.
I will not appeal by myself or burden my family
anymore financial lost. I have been looking into
possible fund raising. Huli chicken, laulaus and
talking to people about pledges. The appeals deadline
line is December 10. I will be sentenced on December
29, at 10:30. The appeal process will cost at least
25k to 30k. We are looking at a goal of $100K as a
"Trust for Truth" not just for me but there are
others. Some people have already pledged $1000. This
would equate to be 100 people at $1000. I pray that we
can get 1000 people at $100. While I can not do
anything without finances, we are at a lost without ka
po'e. The Hawaiian people can no longer just wait for
an annual march through Waikiki, kukakuka for (Cool
hours and go ia moe till next year.
I was not allowed to submitt my Hawaiian citizen
declaration that the State of Hawaii defaulted in 1996
or any witnesses of Hawaiian sovereignty issues. This
time my appeal process will be with a lawyer.
In the meantime, some of you have asked what can you
do now? For now, the most positive is your continued
prayers. For those of you that feel comfortable with
knowing what I stand for may I ask that you write a
short one page statement in my behalf. I met with
David Kato of the Adult Client Serives. Kato indicated
since I don't have any record, having friends and
family, pastors, mere acquaintances write a statement
in my behalf to Judge Michael Wilson would be very
positice. "LETTERS MUST TO RECEIVED BY NOVEMBER 1,
2004". So if any of you would like to do something
right away, I humbly ask, please send letter to:
Honorable Michael D. Wilson
c/o David M. Kato
DEADLINE NOVEMBER 1, 2004.
You don't have to copy me your letter but I would like
to to know how many of you did write.
I have failed my family and the Hawaiian ka po'e but I
have opened the door. I remain in prayer for Iesu
Kristo to guide my thoughts words and actions. I
remain in gratitude for you who have stood by my dear
wife Leota and my family, and me throughout this
ordeal. I was resticted physically, constitutionally
impaired, fiancially deprived and mentally stressed to
the point that I had to go to the hospital for three
days when I got out but your prayers and Iesu Kristo
keeps my spiritual being alive. Above all I learned, I
know what maluhia of Iesu Kristo is all about.
Again, mahalo to you all,
-------------------
Date: Thu, 27 Jan 2005
Aloha Kakou,
This is an update regarding the ongoing persecution of our friend and compatriot, John Philip "Pilipo" Souza.
As was reported previously, Judge Michael Wilson set the parameters so tightly that Pilipo was prohibited from presenting any evidence that he was not liable for the taxes the state claimed he owed. On September 17, 2004, having been denied the means to defend himself, the jury had no choice but to convict Pilipo.
On December 28, 2004, Pilipo was sentenced by Judge Wilson to one year in prison (minus time served), plus five years' probation, plus several thousands of dollars in fines and the forfeiture of about $10,000 in bail. He was sent immediately to prison to begin serving his sentence.
The judge's statement upon sentencing Pilipo was odd. Still attempting to coerce Pilipo to knuckle under, Wilson said that Pilipo had brought this upon himself and that he could have saved his family a lot of grief and suffering by recanting his belief that he owed no taxes to the STATE OF HAWAII. Basically Wilson indicated that if Pilipo choose to give up his principles instead of making his family continue to suffer, the sentence would be more lenient. To his credit, Pilipo didn't budge. He didn't give Wilson the satisfaction of laying on this "guilt trip."
Pilipo has filed a notice to appeal the conviction. He has retained an attorney who is confident (as are several others consulted, including Prof. Francis Boyle) that Pilipo can get a reversal of the conviction based simply on the several procedural errors in the trial.
Unfortunately, the appeal will cost about $25,000, which Pilipo doesn't have. So we are starting up a legal defense fund. We will welcome your contributions to free Pilipo so he can continue with this fight for justice and freedom from outside the prison walls. Details will follow soon.
One more note: Because the appeal will be based on technicalities, the appeals court will most likely still not hear Pilipo's (and our) position regarding the Hawaiian Kingdom and the fraud that is the STATE OF HAWAII.
In spite of having filed the notice to appeal, as of this writing, Pilipo is still in prison. Please keep him and his family, particularly his wife, Leota, in your prayers. We'll keep you posted.
Malama pono,
--------------------
From: Leon Siu
May 13, 2005
Aloha mai Kakou,
We pray that this letter finds you well. This is an update on the challenges that our friend and compatriot, John Philip "Pilipo" Souza continues to go through. Pilipo is still in OCCC, but is in good spirits and regards his incarceration as an opportunity to help comfort, educate and encourage the other prisoners. He also sends his Aloha to everyone on the "outside."
A bit of background... On September 17, 2004, having been denied the means to defend himself, Pilipo was convicted of theft. The "theft" consisted of his filing for a refund of his own money that had been unlawfully withheld by his employer and given to the state as so called taxes.
Pilipo was never allowed by the judge to present his position that he did not owe the STATE OF HAWAII taxes because he is a citizen of the Hawaiian Kingdom living in his own country, and not a citizen of the STATE OF HAWAII nor of the UNITED STATES. Furthermore, as a follower of Jesus Christ and bound by his faith to tell the truth, he could not deny the truth of who he is — a living, breathing human being created by God, not the fictitious corporate entity, JOHN PHILIP SOUZA, created by the UNITED STATES. Therefore, since he is not JOHN PHILIP SOUZA the fictitious corporate entity, he is not liable for debts (like taxes) attributed to the fictitious corporate entity.
[Because the appeal will be based on technicalities, the appeals court will most likely still not hear Pilipo's (and our) position regarding the Hawaiian Kingdom and the fraud that is the STATE OF HAWAII and must then be filed in a higher court.]
On December 28, 2004, Pilipo was sentenced by Judge Michael Wilson to one year in prison (minus time served), plus five years' probation, plus several thousands of dollars in fines and the forfeiture of about $10,000 in bail.
As is his right, Pilipo has filed a notice to appeal the conviction. He has retained attorney Walter R. Schoettle, who is confident (as are several others consulted) that Pilipo can get a reversal of the conviction based on several procedural errors in the trial. Pilipo has made his stand against the unlawful deeds and wrongful doings of the State of Hawaii and its corrupt Judicial system and we are committed to helping Pilipo in whatever way we can with his legal battle.
So far, family and friends have supported Pilipo with prayers of encouragement and financial gifts to help defray the mounting attorney fees and court costs. The appeal will cost from $25,000 to $35,000, which Pilipo doesn't have.
So far, the Support Fund for 'Pilipo' has received $4,852.00. (Mahalo to all those who contributed!) Almost all of that has already been used to file his appeal and for attorney fees. Friends have given anywhere from one dollar to over one-thousand dollars. Pilipo, his family and we supporters are very grateful.
We humbly and respectfully ask for your kokua. Your contributions to free Pilipo are much needed and will be most appreciated. If you can and wish to help with this financial need, please send your check or money order made out to: Walter R. Schoettle, indicate it is for Pilipo's Defense Fund, and send it to:
Leota Souza
Whether or not you can contribute financially, please keep Pilipo and his family, particularly his wife, Leota, in your prayers. We'll keep you posted.
Aloha ke Akua, Malama pono,
================
REFERENCES -- LINKS TO OTHER WEBPAGES EXPLAINING IMPORTANT SOVEREIGNTY ISSUES AND PROVIDING INFORMATION ABOUT OTHER SOVEREIGNTY-RELATED TAX EVASION
Income Tax Evasion Based on Claims of Hawaiian Sovereignty. Hayden Burgess, alias Poka Laenui, a Hawaiian activist and attorney in Wai'anae, publicly proclaims he has not paid state or federal income tax since 1959. 30 Honolulu bus drivers are under investigation for tax evasion based on sovereignty arguments. RB Tax Preparation service and its owners and employees have been found guilty of filing fraudulent returns for perhaps thousands of clients claiming the foreign earned income tax credit on grounds that Hawai'i is not part of the United States. See:
----------
On May 10, 2004 Judge Sandra Simms was denied reappointment to the bench by the Judicial Selection Commission, probably because of community outrage over her excessive leniency in sentencing of both violent and non-violent criminals. Some of that leniency was bestowed upon sovereignty activist David Keanu Sai after his conviction of attempted grand theft (of a house, based on his theories of the illegality of property title transfers following the overthrow of the monarchy). Some of the RB Tax cases were heard by Judge Simms. It can be hoped that the non-retention of Judge Simms due to public outrage over her leniency will serve as a deterrent to other judges who might give inappropriately lenient sentences -- including Judge Michael Wilson in the "Pilipo"Souza case. For a webpage about the non-reappointment of Judge Simms, see:
-----------
Was the 1893 overthrow of the monarchy illegal? Was it a theft of a nation owned by kanaka maoli and stolen by non-kanaka maoli?
-------------
Was the 1898 annexation of Hawai'i to the United States illegal?
--------------
Hawai'i Statehood: The History of the Struggle to Achieve Statehood, and Current Challenges to the Legitimacy of Hawai'i Statehood
John Philip Sousa (the composer of American patriotic marches): a webpage providing biographical information about him and his relationship with the University of Illinois, including downloads of some of his marches.
==================
(c) Copyright 2004 - 2005, Kenneth R. Conklin, Ph.D. All rights reserved
GO BACK TO OTHER TOPICS ON THIS WEBSITE
Subject: Pilipo's Case
From: Leon Siu
To: Scott Crawford
Malama Pono,
Leon
July 4, 2004
Subject: Pilipo Update
From: Leon Siu
July 12, 2004
Subject: Pilipo Update
From: Leon Siu
Leon
Subject: Pilipo Update 9/16
Leon Siu
First Judicial Circuit
Adult Client Services Branch
Ka'ahumanu Hale
777 Punchbowl Street/ 1st Floor
Honolul, Hawaii 96813
Aloha ke Akua, God is LOve,
Pilipo
Subject: Pilipo Update
From: Leon Siu
Leon
To: Pilipo Hui
Subject: FW: Support Pilipo
c/o John Philip Souza
PMB # 3432
Suite 103
Honolulu, Hawai`i 96826-3795
KeAloha o `Io pu: Aiu
Minister of Interior (pro-tem)
Ke Aupuni o Hawai`i Nei
https://www.angelfire.com/hi2/hawaiiansovereignty/fraudincometax.html
https://www.angelfire.com/hi2/hawaiiansovereignty/judgesimms.html
https://www.angelfire.com/hi2/hawaiiansovereignty/overthrow.html
https://www.angelfire.com/hi2/hawaiiansovereignty/annexation.html
https://www.angelfire.com/hi2/hawaiiansovereignty/statehoodhistandcurr.html
http://filesrv.bands.uiuc.edu/MI.old/background/sousa.html
