Resolution on Impeachment of Gov. Linda Lingle
Whereas, on August 23, 2007, the Hawai'i Supreme Court issued an order requiring the State of Hawai'i to prepare an environmental assessment for the operation of the Hawai'i Superferry; and
Whereas on August 31, 2007, the Hawai'i Supreme Court issued its opinion in The Sierra Club v. The Department of Transportation of the State of Hawai'i; and
Whereas, in said opinion, the Supreme Court stated that "the EA requirement of HRS Section 343-5 is applicable"; and
Whereas, in said section, the law requires that an EA be completed and accepted as a "condition precedent" to the initiation of the action in question; and
Whereas said ruling and opinion meant that as a matter of law the Hawai'i Superferry had to cease operations until the EA was completed and accepted; and
Whereas the Director of the Department of Transporation issued his opinion that the Hawai'i Superferry could continue to operate: and
Whereas the Governor adopted the opinion of the Director of the Department of Transportation and encouraged the Hawai'i Superferry to continue operations; and
Whereas the Governor did not request an opinion of the Hawai'i Attorney General regarding the legality of the Hawai'i Superferry continuing to operate; and
Whereas the position of the Director of the Department of Transportation and the Governor had no support in the law; and
Whereas Superferry proceeded to lower its prices to $5, load up the Alakai Ferry, and sail to Kaua'i; and
Whereas, on August 26, 2007, people in Kaua'i jumped in the water and sought to prevent the Alakai from entering Nawiliwili Harbor based on the illegal nature of Superferry's continued operation; and
Whereas the United States Coast Guard acted to clear the way for the Alakai to enter, dock, unload, reload, and depart Nawiliwili Harbor, all in violation of law; and
Whereas, on August 27, 2007, a greater number of people entered the waters of Nawiliwili Harbor to prevent Superferry from entering the harbor; and
Whereas the Coast Guard was unable to clear the harbor for the Alakai to enter; and
Whereas the Alakai departed from Kaua'i without entering the harbor; and
Whereas the Governor responded to the citizen law enforcement actions on Kaua'i by forming a Unified Command of Federal, State, and local law enforcement to force open Nawiliwili Harbor for the Alakai's return; and
Whereas the United States Coast Guard responded to the Governor's actions by declaring a security zone in the waters and on the land surrounding Nawiliwiliw Harbor; and
Whereas anyone entering the security zone to attempt to enforce the law against the Alakai's entrance would be subject to ten years in prison and numerous other federal and state charges; and
Whereas the Governor's pursuit of such law enforcement actions represented an abuse of her authority to further an illegal enterprise; and
Whereas the Governor's formation of the Unified Command undermined the legitimacy of every law enforcement agency involved; and
Whereas the Governor's intent to return the Alakai to Nawiliwili Harbor threatened to create legal liability for every law enforcement officer acting in concert with the Governor's illegal plan; and
Whereas the obvious commitment and courage of the people on Kaua'i trying to enforce the law made a confrontation between the Unified Command and the citizen law enforcers likely; and
Whereas such a confrontation could easily have resulted in serious injuries or even death; and
Whereas the opinion issued on October 9, 2007, by Judge Cardoza in the Sierra Club case only reinforces that the Governor acted without legal authority;
Now, therefore, Be it Resolved that the Legislature of the State of Hawai'i goes on record as supporting the intiation of impeachment proceedings against Governor Linda Lingle.