This article by Jim Albertini and Lanny Sinkin has been given a bad rap as encouraging people to lawbreak. In fact, it does the very opposite.
It points out that the decision to go up against Lingle's Unified Command and the whole Patriot Act apparatus, is one that may completely ruin a person's life. It is an attempt to get people to think seriously about the consequences of civil disobedience in the current neocon environment the U.S. faces rather than having people, in the passion of anger, do something without thinking through the consequences.
I know that I, personally, do not have the courage, dedication or wish to face the consequences of going up against the U.S. government in the current environment which has stripped us of our civil rights, subjected anyone they label as a terrorist to lengthy jail terms, torture and lack of habeas corpus.
And this website does not advise or encourage anyone else to do so either.
webmaster
Note on the hulabaloo over the piece below by Lanny Sinkin:
"Kind of humorous that the Attorney General would claim to be concerned about law breaking when the Governor, the Attorney General, the Director of the Department of Transportation, and the Hawai'i Superferry all agreed to break the law by continuing Superferry operations after the Supreme Court ruling stating that 343 applied ( i.e. EA as "condition precedent" requiring Superferry to stop operating). No one would have entered the water in the first place, if the Attorney General had simply advised the Governor to obey the law, rather than break it. "
A Message from Jim Albertini and Lanny Sinkin
Aloha pumehana,
We come as Kupuna who have spent many years affirming our commitment to peace, justice, protection of the Earth, and freedom to speak to those who are considering entering the water to block the Superferry. Our purpose is to share our mana′o regarding the Superferry situation you now face.
At the call of the Governor, the Legislature passed a law permitting Superferry to violate the law as established by the Hawai′i Supreme Court. Those who understand the unconstitutional, illegal, and immoral nature of this act are left to respond.
We do not come to convince or discourage. We come only to urge you to follow carefully the last step of non-violent resistance. After you have examined the facts, studied the law, examined your heart and conscience, and decided that action must be taken, the last step is to fully inform yourself of the consequences and made proper arrangements.
In this instance, you are faced with a lawless conspiracy meant to ensure access for the Alakai and the four other Superferry boats coming to Hawai′i, to our waters and our islands, primarily for military purposes. Knowing that they are acting outside the law will inform the manner in which they behave. You will have military, police, and other law enforcement “just following orders” at a time when the leadership of the United States considers the Geneva Conventions to be “quaint.”
You will also have people with personal agendas, such as the Coast Guard personnel who perceive themselves as having lost face when they were unable to clear the harbor for the Superferry to enter on August 27.
You need to be prepared for these forces to act without restraint resulting in possible physical injury or death.
There is also the possibility of accident in the turmoil of numerous boats, swimmers, and surfers in an ocean environment.
In that sense you have to be prepared at the level of the Native American who decided when it was “a good day to die.”
Practically, you need to prepare a last will and testament, make ho’oponopono with anyone you are not in harmony with, receive the blessing of your family and friends, and otherwise arrange all your personal affairs.
The community, particularly the spiritual practitioners, need to provide you with a cleansing ceremony to prepare your body, mind, and spirit to greet the Spiritual Hierarchy that awaits your return.
If you are subjected to arrest, you face a different set of circumstances. You will be charged with federal and state criminal offenses. You will be subject to prosecution by special federal prosecutors sent to Hawai′i to inflict maximum penalties on people who defied authority, even though that authority was exercised illegitimately. You will be drained of all your assets shuttling back and forth to court in Honolulu. You will be subject to conditions of bail that limit your mobility and freedom. You may receive extended sentences in federal or state prison; just violating the security zone subjects you to ten years in prison and substantial monetary fines. The felony conviction will follow you the rest of your life. There may be no possibility of parole under certain charges. You may have to be in prison up to 80% of your sentence before release for “good time served.”
Again, non-violence requires you to acknowledge these potentials and prepare accordingly. The ho′oponopono, the family blessing, the arranging of personal affairs, transferring your assets to someone else so that you can proceed legally in forma pauperis (make the government pay for everything), and a cleansing ceremony are all part of completing your preparation.
If, after considering thoroughly all these possible consequences, you are still determined to non-violently resist illegal action, then the community that loves and supports you needs to take further actions to make the return of the Superferry manifest as the disgraceful and unwelcome event it truly is, whether through demonstrations, general strike, or other non-violent resistance and rejection.
We stand to honor those who followed the righteous path of non-violent resistance on August 26 and 27 and brought the Superferry nightmare into clear focus for everyone else. We pray for intervention that prevents any further confrontation over this issue.
There is no one to stand in judgment of whatever you decide to do. As one kahuna teaches: “When I get to Heaven, God is not going to ask me how you did.”
Peace.
Jim Albertini, founder and president of Malu ′Aina Center for Non-Violent Education and Action, spent a year in federal prison for jumping into the Hilo Harbor to protest the entry of a naval vessel carrying nuclear weapons and has spent his entire life working for peace, justice, protection of the Earth, and freedom.
Lanny Sinkin, Ali′i Mana′o Nui, Kingdom of Hawai′i and attorney in the United States legal system has also spent most of his life working for peace, justice, protection of the Earth, and freedom.
Follow up by Lanny Sinkin Nov 9, 2007
The story that ran on KGMB last evening had three components. The first was the introduction to the story that used the terms "radical" and "inflammatory" to describe the letter I circulated with Jim Albertini. The second component was the actual story by Jim Mendoza that was a fairly accurate reporting of the intent and content of the letter. The third component was the reference to the Attorney General as concluding that we were encouraging people to break the law and the FBI saying that they and the Coast Guard would investigate any threats to the Superferry. You can see the whole thing for yourself at http://kgmb9.com/main/content/view/1603/40/
After the broadcast, I exchanged emails with the news director and the anchor that had used the highly charged terms. We had a good discussion about the contents of the letter as opposed to the characterizations of the letter and the anchor ultimately apologized.
Meanwhile, the Governor and the Attorney General are trying to use the letter to misdirect attention from their ongoing Superferry conspiracy by mischaracterizing the letter. We hear that the Attorney General sent an alert out claiming that, based on the letter, Jim and I might pose of a threat of terroristic action against the Superferry in violation of the Patriot Act. We understand completely that the Attorney General is very uncomfortable with our constantly pointing out his violations of law and simply lashing out in frustration.
We also understand that after various law enforcement agencies took a look at the letter, they understood exactly what we were doing, i.e. advising people to take responsibility for their decisions, and that the political coloring attempted by the Governor and Attorney General was nonsense.
The results of all this activity is that far more people have been discussing non-violent resistance, martyrdom, Superferry, .... Our dialogue just launched itself out into the broader community. Excellent!
The letter is a tempest in a tea pot that will quickly pass. We have far more important matters to deal with. Please do not be concerned about the appearance of the FBI and the Department of Homeland Security Coast Guard. While their inclinations may be towards established power, they can still read and understand English, no matter how much smoke is blown in their faces by the real law breakers.
Aloha,
Lanny