INTRODUCTION -- WHY THE MEHEULA MEMO IS IMPORTANT
A memo by Bill Meheula attacking Ed Case as being anti-Hawaiian is being aggressively circulated to thousands of ethnic Hawaiians. The memo is being circulated in the weeks leading up to the primary election contest for U.S. Senate between incumbent Senator Dan Akaka and challenger, Congressman Ed Case. The memo is copied in full, below, along with news reports related to it.
The anti-Case memo is being circulated by the ethnic Hawaiian institutional and political establishment -- huge, wealthy, powerful institutions (like the State of Hawai'i Office of Hawaiian Affairs, and Kamehameha Schools) which desperately want the Akaka bill to pass as a way to protect their racially exclusionary policies, tax exemptions worth hundreds of millions, and the ongoing flow of government and philanthropic megabucks.
Thus it is clear that the ethnic Hawaiian establishment is campaigning for Dan Akaka both because he is ethnic Hawaiian (Ed Case is white) and because they expect that Akaka can be relied upon to support the Akaka bill whereas (they fear) Case might be less enthusiastic about it. A defeat of Senator Akaka would be interpreted by many in Washington D.C. as a repudiation of the Akaka bill -- which is one good reason for opponents of the bill to vote for Ed Case.
One optimistic way to view this personal attack against Case is that it might be the slap in the face that Case apparently needs to wake him up from imagining that he can hope for votes based on his own publicly proclaimed support for the Akaka bill. Case needs to realize that those who support the Akaka bill do so precisely because they support using race as the basis for political power, and therefore Case's lack of Hawaiian native blood is a handicap he can never overcome in the eyes of voters who have that mentality. From their viewpoint, Case can never be more than a pale imitation of Akaka.
Surveys by the Grassroot Institute of Hawaii have shown that about half of all ethnic Hawaiians oppose the Akaka bill; and 67% of the total population of Hawai'i oppose the bill. Thus the personal attack against Case by the ethnic Hawaiian establishment should persuade Case that he has nothing to lose by stepping up to oppose the Akaka bill. Those who support the bill will never vote for Case against Akaka, while those who oppose the Akaka bill will welcome the chance to vote for someone who has the courage to run on a platform opposing the bill.
It's time to break the stereotyping that racially profiles ethnic Hawaiians as a monolithic bloc whose 20% swing vote dare not be forfeited. We all have a hard time resisting racial profiling. In 1941 the people of Hawai'i understood that just because someone had a Japanese name and practiced Buddhism and Shinto did not make him part of the Japanese war machine. In the last five years we have come to understand that just because someone is Muslim with an Arabic name does not mean he is a terrorist on a jihad. So now it is time to understand that just because someone has Hawaiian native ancestry does not mean we should be prejudiced to assume he supports racial separatism or ethnic nationalism. Most Americans of Japanese, Arabic, or Hawaiian ethnicity are proud to be Americans, and those living in Hawai'i are especially proud to live in our multiracial, multicultural society. They understand that unity, equality, and aloha for all are higher priorities than ethnic pride or race-based political power.
Hawai'i voters have no way to force the Akaka bill to be placed on the ballot for an up or down vote. Hawai'i voters have no right to referendum or initiative. The Legislature has refused pass any bill to authorize a vote on the Akaka bill, because most Legislators do not want to offend the ethnic Hawaiian political establishment. Hawai'i voters need a choice, not an echo, on this most important issue. Ed Case could give voters that choice, and the Grassroot surveys indicate he would gain votes by doing so.
However, it appears Case is still reluctant to give up the illusion he must support the Akaka bill to be elected. A few days after this webpage was posted (August 8, 2006), articles appeared in the Hawaii Reporter (on-line blog, August 11) and in the Honolulu Star-Bulletin (August 15) describing a few elements of the anti-Case memo but taking the view that the memo is mistaken in the way it characterizes Case's history of support for race-based institutions. So, instead of seizing the opportunity to stand up in opposition to the Akaka bill, Case (or at least his supporters) seems to be on the defensive, claiming that the memo is mistaken and that he actually has a good record of foresight and innovation in finding new ways to support racially exclusionary ideology. On August 15, as reported in Hawaii Reporter on August 16, Case released an e-mail to thousands of people describing how Ed Case is not anti-Hawaiian and providing a link to a laundry-list of all the wonderful things he has done in the Hawai'i Legislature and in Congress to support ethnic Hawaiians. So now Case is on the defensive, trying to prove what nobody will believe, that he is a better spokesman for ethnic Hawaiians than the ethnic Hawaiian Dan Akaka who already sits in the Senate.
How sad.
Is there evidence that the Meheula memo is the voice of the ethnic Hawaiian institutional establishment?
Bill Meheula is an attorney. He headed the Native Hawaiian Bar Association, and remains a member of its board. Over the years he has repeatedly sued the State of Hawai'i (that's you and me!) on behalf of OHA, and on behalf of radical individuals, claiming race-based rights to state government land. He negotiated a friendly "settlement" whereby the left hand (State of Hawai'i) passed to the right hand (OHA) $600 Million for "back rent" for the ceded lands. The "settlement" settled nothing, since more lawsuits and claims followed afterward. He sued the State to prevent the sale of ceded lands. Fortunately he lost (the ceded lands belong to all the people).
One person who has widely circulated Bill Meheula's memo (copied in full below) is Noelani (Loo) Jai, a 1983 Graduate of Kamehameha School. Ms. Jai has been active for several years as a spokesperson for Kamehameha alumni in California. She organized street demonstrations at the 9th Circuit Court in San Francisco regarding that court's decision on Kamehameha's admissions policy. As a tax-exempt charitable trust, Kamehameha is prohibited from engaging in political activity, and fears losing its tax exemption. Therefore Kamehameha relies on its alumni groups throughout the U.S. to do political lobbying, letter-writing campaigns, and street demonstrations. Of all the people not officially paid by Kamehameha to speak officially on its behalf, Noelani Jai is probably its best-known surrogate. Perhaps it seems odd that someone living in California, who presumably cannot vote in Hawai'i, is trying to tell Hawai'i citizens how to vote. The most likely explanation is plausible deniability -- everyone knows she speaks for Kamehameha as an institution, but she does so from 3000 miles away and with no official paycheck.
===========================
THE MEHEULA MEMO
[** MEMO'S OWN TITLE =] ED CASE'S WORK ON LEGISLATION CONCERNING HAWAIIANS
In the late 1990s, when Ed Case was chairman of the State House Committee on Hawaiian Affairs, he repeatedly acted to reduce Native Hawaiian benefits, rights and revenues.
In April 1997, Mr. Case wrote to the Federal Aviation Administration to encourage the expedition of its decision that payments to the Office of Hawaiian Affairs from airport revenues violate federal law. He told the FAA that he needed its ruling as soon as possible because "the state legislature is deeply engaged in deliberations on a highly complex bill which seeks to resolve all controversies and mitigate state liability." The bill he references was Act 329, which was introduced to limit the State's liability and accountability to Native Hawaiians. Four days later the FAA issued its decision that ultimately led to the demise of Act 304 (1990), the law that defined OHA's right to revenue from ceded lands.
In lobbying for Act 329, Mr. Case said that he supported the legislation as it might serve to overrule Judge Daniel Heely's June 1996 decision in favor of OHA. Mr. Case's reasoning was that Judge Heely's decision may cost the State $1 billion and damage the State's bond ruling. Mr. Case did not consider OHA's constitutional right to have this matter decided by the Courts.
Mr. Case also argued that Act 329 might serve to overturn a second decision by Judge Heely, that the State should not sell ceded lands at Leiali'i on Maui and at Kealakehe on the Big Island until the Hawaiians' claim to ceded lands was resolved. Mr. Case argued that the State had already spent $50 million on infrastructure for those two sites to be used for single-family dwellings. Mr. Case ignored the fact that 1993 Apology Resolution stated that Native Hawaiians have a claim to the ceded lands based on the United States' role in the 1893 overthrow of the Hawaiian Kingdom.
In the 1998 legislative session, Mr. Case proposed the 123-page "Native Hawaiian Autonomy Act." The Act would have terminated OHA and the Hawaiian Home Lands program, denied Native Hawaiians the right to self-determination and federal recognition, and reduced State liabilities to Native Hawaiians. The Act stated that its purpose is to stop the "continued dependence by native Hawaiians on others which prevents the development of the full potential of the native Hawaiian people."
Richard Rowland, of the Grassroot Institute of Hawaii, said they oppose special treatment of Hawaiians because "such efforts would perpetuate a counter-productive 'dependency mentality.'" H. William Burgess, of Aloha for All, said those who support Hawaiians-only programs "have some vested interest in keeping Hawaiians in a state of dependency." Mr. Case's Act shows that his attitude towards Native Hawaiians is similar to two groups that vehemently oppose most Native Hawaiian programs.
The Case proposed Native Hawaiian Autonomy Act resulted in a Native Hawaiian rally and a 24-hour Capitol vigil. Those who openingly expressed opposition to the Act included Kinau Boyd Kamalii, Randy Iwase, Charles Kauluwehi Maxwell, Sr., Kekuni Blaisdell, Frenchy DeSoto, and Mahealani Kamaunu [sic, Kamau'u]. Ms. Kamaunu stated in a Star-Bulletin op-ed on January 23, 1998:
"In his latest proposal, Rep. Case takes deadly aim, at point-blank range, against Hawaiians. He
seeks once and for all to rid the state of all of its trust obligations to Hawaiians. The bill is
patronizing and mean to the extreme. Case has taken it upon himself to solve what he
characterizes as the Hawaiian "problem" by approaching it like an abusive parent approaches his
child." [quote marks inserted by Ken Conklin in lieu of indented set-off]
The Act died due to overwhelming opposition.
Mr. Case tries to hide his true motives but they are clearly demonstrated by his past acts to dismantle Native Hawaiian programs, rights and revenues.
July 26, 2006
William Meheula
===============================
HAWAII REPORTER ARTICLE OF AUGUST 11, 2006
http://www.hawaiireporter.com/story.aspx?02ebd9bf-4250-43d1-b75b-5588533c9607
Hawaii Reporter, August 11, 2006
Law Partner of Sen. Akaka's Campaign Manager Wields Deceptive Email Attack on Primary Opponent, Ed Case
Memo Focusing on Hawaiian Political Issues Has Many Inaccuracies
By Andrew Walden
Congressman Ed Case, challenging incumbent U.S. Senator Daniel Akaka for the Democratic Senatorial nomination, hammers Akaka on the failure of his namesake Akaka Bill. Case tells audiences, “Whether one agree or disagreed with the Akaka bill, its defeat demonstrated a failure of ability on the floor of the U.S. Senate.”
A July 26 memo now circulating by email to thousands of Kamehameha Schools alumni and other native Hawaiians questions Case’s record on Hawaiian entitlements. The memo is authored by William Meheula, a law partner of Andy Winer. Winer is Akaka’s Campaign manager.
Winer played a role in the carefully timed announcement of Representative Patsy Mink’s (D-HI) 2002 death and also administered a now-defunct website, www.LingleFacts.com, attacking Linda Lingle during the 2002 Governor’s race. Winer was also responsible for several written attacks against Hawaii Reporter during the mayoral race of 2004, when he headed the Duke Bainum campaign. Meheula’s memo makes no mention of his close association to the Akaka Campaign.
Meheula’s memo says: “In the late 1990s, when Ed Case was chairman of the State House Committee on Hawaiian Affairs, he repeatedly acted to reduce Native Hawaiian benefits, rights and revenues…. In the 1998 legislative session, Mr. Case proposed the 123-page ‘Native Hawaiian Autonomy Act.’ The Act would have terminated OHA and the Hawaiian Home Lands program, denied Native Hawaiians the right to self-determination and federal recognition, and reduced State liabilities to Native Hawaiians. The Act stated that its purpose is to stop the ‘continued dependence by native Hawaiians on others which prevents the development of the full potential of the native Hawaiian people.’”
The claim that Case’s bill would have “terminated OHA and the Hawaiian Home Lands” is false in all but the most technical sense. The bill would have “terminated” them as State of Hawaii departments by transferring them into a single Native Hawaiian Trust Corporation—something like a state-recognized version of an Alaskan Native Corporation.
Meheula tries to paint Case as being in the same boat with those who would eliminate all Hawaiian programs. Meheula writes:
“Richard Rowland, of the Grassroot Institute of Hawaii, said they oppose special treatment of Hawaiians because “such efforts would perpetuate a counter-productive 'dependency mentality.'” H. William Burgess, of Aloha for All, said those who support Hawaiians-only programs "have some vested interest in keeping Hawaiians in a state of dependency." Mr. Case's Act shows that his attitude towards Native Hawaiians is similar to two groups that vehemently oppose most Native Hawaiian programs.”
This is simply not true. Case’s 1998 bill would not have abolished Hawaiian programs—it would have protected these programs within the Trust Corporation. Unlike Burgess and Rowland who speak of individuals being dependent, Case is referring to Hawaiians as a group being dependent on the state legislature and federal government as opposed to having their own independent Trust Corporation with its own assets. Meheula is playing word games.
Meheula says:
“Mr. Case wrote to the Federal Aviation Administration to encourage the expedition of its decision that payments to the Office of Hawaiian Affairs from airport revenues violate federal law.”
Deceptive: Asking for an expedited decision is different than advocating the FAA rule against OHA.
Meheula decries Case’s support for Act 329 in 1997 which was designed to limit ceded lands liability by the state. The bill passed and the State entered negotiations with OHA over the ceded lands issue. While Meheula points the finger at Case, here’s a telling quote from the September 23, 2001 Star Bulletin about what really happened to ceded lands and their revenue:
“On March 31,1999, the state offered OHA $251.3 million and one-fifth of the state's ceded lands to end the dispute. OHA countered on April 1, 1999, with a $309.5 million offer. On April 16, 1999, OHA made its final offer to state negotiators to settle for $304.6 million and any lands, with a revenue stream of $7.4 million.
“The state never responded to either of OHA's counteroffers.
“(Clayton) Hee, in hindsight, said last week OHA should have taken the state's final offer as a ‘bird in the hand.’ If it did, OHA's native Hawaiian trust could be worth close to $1 billion today, and OHA would have a land trust about three times the size of Molokai and bigger than that of Kamehameha Schools.”
Given the company Meheula keeps, it is little surprise his memo is so full of misrepresentations.
TEXT of Meheula Memo:
ED CASE'S WORK ON LEGISLATION CONCERNING HAWAIIANS
In the late 1990s, when Ed Case was chairman of the State House Committee on Hawaiian Affairs, he repeatedly acted to reduce Native Hawaiian benefits, rights and revenues.
In April 1997, Mr. Case wrote to the Federal Aviation Administration to encourage the expedition of its decision that payments to the Office of Hawaiian Affairs from airport revenues violate federal law. He told the FAA that he needed its ruling as soon as possible because "the state legislature is deeply engaged in deliberations on a highly complex bill which seeks to resolve all controversies and mitigate state liability." The bill he references was Act 329, which was introduced to limit the State's liability and accountability to Native Hawaiians. Four days later the FAA issued its decision that ultimately led to the demise of Act 304 (1990), the law that defined OHA's right to revenue from ceded lands.
In lobbying for Act 329, Mr. Case said that he supported the legislation as it might serve to overrule Judge Daniel Heely's June 1996 decision in favor of OHA. Mr. Case's reasoning was that Judge Heely's decision may cost the State $1 billion and damage the State's bond ruling. Mr. Case did not consider OHA's constitutional right to have this matter decided by the Courts.
Mr. Case also argued that Act 329 might serve to overturn a second decision by Judge Heely, that the State should not sell ceded lands at Leiali’i on Maui and at Kealakehe on the Big Island until the Hawaiians' claim to ceded lands was resolved. Mr. Case argued that the State had already spent $50 million on infrastructure for those two sites to be used for single-family dwellings. Mr. Case ignored the fact that 1993 Apology Resolution stated that Native Hawaiians have a claim to the ceded lands based on the United States' role in the 1893 overthrow of the Hawaiian Kingdom.
In the 1998 legislative session, Mr. Case proposed the 123-page "Native Hawaiian Autonomy Act." The Act would have terminated OHA and the Hawaiian Home Lands program, denied Native Hawaiians the right to self-determination and federal recognition, and reduced State liabilities to Native Hawaiians. The Act stated that its purpose is to stop the "continued dependence by native Hawaiians on others which prevents the development of the full potential of the native Hawaiian people."
Richard Rowland, of the Grassroot Institute of Hawaii, said they oppose special treatment of Hawaiians because "such efforts would perpetuate a counter-productive 'dependency mentality.'" H. William Burgess, of Aloha for All, said those who support Hawaiians-only programs "have some vested interest in keeping Hawaiians in a state of dependency." Mr. Case's Act shows that his attitude towards Native Hawaiians is similar to two groups that vehemently oppose most Native Hawaiian programs.
The Case proposed Native Hawaiian Autonomy Act resulted in a Native Hawaiian rally and a 24-hour Capitol vigil. Those who openingly (sic) expressed opposition to the Act included Kinau Boyd Kamalii, Randy Iwase, Charles Kauluwehi Maxwell, Sr., Kekuni Blaisdell, Frenchy DeSoto, and Mahealani Kamaunu [sic, Kamau'u]. Ms. Kamaunu stated in a Star-Bulletin op-ed on January 23, 1998:
"In his latest proposal, Rep. Case takes deadly aim, at point-blank range, against Hawaiians. He seeks once and for all to rid the state of all of its trust obligations to Hawaiians. The bill is patronizing and mean to the extreme. Case has taken it upon himself to solve what he characterizes as the Hawaiian "problem" by approaching it like an abusive parent approaches his child."
The Act died due to overwhelming opposition.
Mr. Case tries to hide his true motives but they are clearly demonstrated by his past acts to dismantle Native Hawaiian programs, rights and revenues.
July 26, 2006
William Meheula
REFERENCES
August 2 letter to the Editor of Maui News which reflects the line of the Meheula memo: http://www.mauinews.com/story.aspx?id=22066
Andy Winer / Patsy Mink:
http://www.hawaiireporter.com/story.aspx?34a8f056-9b68-4e1d-82f9-3354eb81fb29
Andy Winer / Linda Lingle:
http://www.hawaiireporter.com/story.aspx?c7080c3c-5e74-4ba5-8346-864531666015
Star Bulletin: http://starbulletin.com/2001/09/23/news/story5.html
Andrew Walden is the publisher and editor of Hawaii Free Press, a Big Island-based newspaper. He can be reached via email at mailto:andrewwalden@email.com
=============================
HONOLULU STAR-BULLETIN ARTICLE OF AUGUST 15, 2006
http://starbulletin.com/2006/08/15/news/story01.html
Honolulu Star-Bulletin, August 15, 2006
THE AKAKA-CASE RACE
E-mail misleading, Case says
A letter criticizing his position on Hawaiian issues has reached thousands of people
By Richard Borreca
An e-mail blasting Senate hopeful Ed Case's position on Hawaiian issues has been sent to thousands of alumni of Kamehameha Schools.
The e-mail, which criticizes Case's actions when he was chairman of the state House Hawaiian Affairs Committee in 1998, was written by William Meheula, the law partner of Andy Winer. Winer is campaign chairman for Case's opponent in the Democratic primary, U.S. Sen. Daniel Akaka.
Meheula said he originally sent the e-mail to a few Akaka supporters, but it was forwarded to the thousands of Kamehameha graduates.
Case said Meheula's letter "completely misrepresents my bill."
"He says my bill would have completely eliminated the Office of Hawaiian Affairs and the Department Hawaiian Home Lands.
"My bill proposed to combine them into a single entity that would have both land and money and would have been a powerful entity operating on behalf of native Hawaiians," Case said last week in an interview.
But Meheula said, "As a Hawaiian and someone who has been involved in the legal issues, Ed Case is not a friend of the Hawaiian."
"He demonstrated that with his legislative record while he was in the House," he said.
Asked about Case's characterization of the autonomy bill as strengthening Hawaiian autonomy, Meheula said "if he was right, there would not have been the marches against him."
Case's bill said its purpose was to "provide self-sufficiency and self-determination for native Hawaiians."
Meheula, however, argued that Case's bill would "have stopped native Hawaiian recognition for all time."
To further his argument, Meheula, who has represented the Office of Hawaiian Affairs in court, sent an e-mail to "about 20" political supporters of Akaka.
Winer said his law partner's e-mail was not part of the Akaka campaign, but there was no objection to it.
Elisa Yadao, Akaka campaign spokeswoman and a former spokeswoman for Kamehameha Schools, also said the e-mail was not part of the campaign, but she called it "an accurate assessment of Ed's legislative record and pretty illuminating and revealing of his position of native Hawaiian issues."
Case said that since the native Hawaiian sovereignty bill pushed by Akaka has failed in Congress, people are now considering "the concepts that I put forward as a way of providing a path forward.
"Time has proven the merits of some of the ideas," he said.
But he acknowledged that in 1998 he had to withdraw the bill because it was so controversial. At the time, Case said it was "the right idea, put out by the wrong person at the wrong time."
"My personal observation of knowing Bill (Meheula) both personally and professionally is that he is not going to let the facts get in the way of what he wants to say," Case said.
=================
** NOW ED CASE AND HIS SUPPORTERS GO ON THE DEFENSIVE, CLAIMING ED CASE IS NOT ANTI-HAWAIIAN, AND LISTING ALL THE THINGS HE HAS DONE FOR ETHNIC HAWAIIAN PROGRAMS DURING HIS SERVICE IN THE STATE LEGISLATURE AND IN CONGRESS. BUT ED CASE CAN NEVER PROVE TO THE SATISFACTION OF ETHNIC HAWAIIANS THAT HE IS A BETTER DEFENDER OF ETHNIC HAWAIIAN RACIAL PROGRAMS THAN DAN AKAKA. ED CASE WILL NEVER BE MORE THAN A PALE IMITATION OF AKAKA IN THEIR EYES. CASE IS DIGGING HIMSELF A BIG HOLE.
http://www.hawaiireporter.com/story.aspx?67146ced-c8ab-4cec-9fa7-ca04f8007572
Hawaii Reporter, August 16, 2006
Case Counters Opponent's Cyber Smear with His Own Email Blast to Supporters
Hawaii Free Press and Hawaii Reporter First Broke the Story on Current Controversy Over Email on Hawaiian Issues
By Case for Senate Campaign
Editor's note: Hawaii Free Press and Hawaii Reporter ran a story about this attack memo last week. This week, as the mainstream media begins to cover the memo, Case's campaign sent the response found below. To see the story that we published, see "Law Partner of Sen. Akaka's Campaign Manager Wields Deceptive Email Attack on Primary Opponent Ed Case"
August 15, 2006
Dear Friend:
"Congressman Ed Case is committed to the preservation, sustenance and enhancement of the indigenous people and culture of Hawai‘i. He believes this is not only right and just for Native Hawaiians, but indispensable to the survival of Hawai‘i as we know it."
That is the introduction to a summary of Ed's efforts on behalf of Native Hawaiians over his twenty-year public service career.
Here is a link: http://www.edcase.com/senate/Ed_on_Native_Hawaiians.php
Ed on Native Hawaiians
In apparent defense, Sen. Akaka, through William Meheula, has launched a cyber-attack by e-mail misrepresenting Case's actions on behalf of Native Hawaiians. Meheula is the law partner of Andy Winer, Akaka's campaign manager. Both are also plaintiffs' attorneys and belong to the American Trial Lawyers Association, one of Akaka's staunchest financial contributors.
Interestingly, the target of the e-mail appears to have been the alumni of The Kamehameha Schools. Case successfully fought for the betterment of the Schools throughout his tenure in the Hawai‘i State Legislature, including advocating for removal of Hawai‘i Supreme Court justices from Bishop Estate trustee selection, participating in the "Broken Trust" article that sparked true reform of the Schools, and leading the fight to cap excessive trustee salaries.
In their book Broken Trust, authors Randy Roth and Judge Samuel King reviewed Case's many contributions to resolving the crisis that faced the Kamehameha Schools in the 1990s. As to Sen. Akaka, on the other hand, they wrote: "Daniel Akaka defended the trustees. He said the level of compensation was not too high (at nearly $1 million per year.) If anything, the trustees deserved to be paid more."
View the facts objectively: Rep. Case has done far more for Native Hawaiians over his career, and certainly the last decade-plus in both the Hawai‘i Legislature and Congress, than Dan Akaka. And he can do a far better job on behalf of Native Hawaiians in our U.S. Senate.
With aloha,
Case for Senate
==============
http://www.edcase.com/senate/Ed_on_Native_Hawaiians.php
Congressman Ed Case on Native Hawaiians
Congressman Ed Case is committed to the preservation, sustenance and enhancement of the indigenous people and culture of Hawaii. He believes this is not only right and just for Native Hawaiians, but indispensable to the survival of Hawaii as we know it.
Case has devoted his efforts to this goal throughout his twenty years in public service. He began as Legislative Assistant to U.S. Congressman/Senator Spark Matsunaga (1975-78), where he was responsible for Sen. Matsunaga’s Hawaiian initiatives, especially the return of Kahoolawe, the enactment of key federal Native Hawaiian laws, and early discussions of an overall federal-Native Hawaiian relationship. He served as Law Clerk to Hawaii Supreme Court Chief Justice William Richardson (1981-82), where he worked on landmark decisions positively affecting Native Hawaiians.
Case continued his efforts through eight years as a Hawaii State Representative (1994-2002). He served two years as Chair of Hawaiian Affairs (1997-98) and two years as Majority Leader (1999-2000) during an especially difficult period for Native Hawaiian issues.
Since November 2002, he has represented more Native Hawaiians in the U.S. House of Representatives than any other U.S. Representative. Throughout his tenure in Congress, he has pursued federal initiatives enhancing the personal, political, and economic empowerment of Native Hawaiians. He advocates nationally for the broader community of Native Hawaiians (Hawaii, the U.S. mainland and territories, and internationally), seeks to preserve and enhance Native Hawaiian programs, and views the protection of Hawaii’s environment and natural resources as part and parcel of his efforts on behalf of Native Hawaiians.
Congressional Initiatives/Accomplishments (2002-Present)
Self-determination
* Supported negotiated self-determination for Native Hawaiians within our current government structures; is a cosponsor of H.R. 309, the Native Hawaiian Government Reorganization Act
* Testified in support of S. 147, the Akaka bill, before the Senate Indian Affairs Committee on March 1, 2005, stating: “This legislation is indispensable both to the Hawaiian people, wherever they are, and to all of Hawaii. The stakes are nothing more or less than the survival and prosperity not only of our indigenous people and culture, but the very soul of our Hawaii as we know and love it.”
* Supported funding for the Office of Native Hawaiian Relations, established within the Office of the Secretary at the Department of Interior to preserve and promote Hawaii’s natural and historic resources and Native Hawaiian culture.
Kamehameha Schools
* Supports Native Hawaiian preference policy at the Kamehameha Schools; joined with Hawaii’s congressional delegation colleagues in 2005 in filing an amicus curiae (friend of the court) brief in support of Kamehameha Schools in the case of Doe vs. Kamehameha.
Native Hawaiian Education
* Supports full funding for the No Child Left Behind Act and greater flexibility to address the special needs of Native Hawaiian programs
* Supports full funding for Native Hawaiian Serving Institutions
* Strong supporter of Native Hawaiian charters schools; fought for equitable federal funding to provide teachers and administrators with the necessary resources and direly needed construction costs
* Requested an investigation by the U.S. Department of Education on Hawaii Department of Education administration of its charter school special education funding
* Continues to support funding for and fairness in the distribution of federal funds for Native Hawaiian programs, including the Native Hawaiian Education Act, which receives approximately $33-34 million annually
* In 2005, outreached with the U.S. Department of Education and Native Hawaiian Education Council through statewide workshops to areas with significant Native Hawaiian populations, including the Waianae Coast and Molokai, gaining substantially expanded and broadened federal Native Hawaiian education funding to applicants such as Waianae High School Alumni and Community Foundation for Searider Productions, Nanaikapono Elementary School, the Nanakuli Boys and Girls Club, Kaunakakai Elementary School, Kualapuu Public Conversion Charter School, and the Molokai Community Service Council.
* Supports reauthorization of the Native Hawaiian Education Act, with a special emphasis in ensuring a specific allocation for Native Hawaiian higher education
Hawaiian Language Preservation
* Longtime supporter of Hawaiian language immersion programs
* Introduced H.R. 5222, the Native American Languages Act Amendments, which authorizes funds for Hawaiian language nests and survival schools, designates Aha Punana Leo as a demonstration project for Hawaiian language, and provides flexibility to native language programs in addressing the No Child Left Behind Act (NCLB)
* Secured $500,000 for Ho’olaupa’i: Hawaiian Language Newspaper Resources Project to memorialize Hawaiian language papers through Bishop Museum
Hawaiian Homeownership
* Introduced H.R. 2912, a bill reauthorizing the Native Hawaiian Homeownership Act, which provides greater homeownership opportunities for the Hawaiian Home Lands program. Continues to advocate for increased funding to $20 million annually from the present $10 million.
* Cosponsored H.R. 3665, a bill to make permanent a successful VA Home Loan Program for Native Hawaiians residing on Hawaiian Home Lands; bill was incorporated into S. 1235, which became Public Law 109-233 on June 15, 2006.
* Cosponsored H.R. 5121, the Expanding Homeownership Act of 2006, which passed the House on July 25, 2006.
* Secured a temporary waiver by the Department of Housing and Urban Development permitting water catchment systems for senior homeowners seeking reverse mortgages and Federal Housing Administration-backed loans.
Economic and Business Opportunities
* Supports continued funding for key federal government agencies providing assistance to Native Hawaiian projects and businesses, including the Administration for Native Americans, the Small Business Administration, the Minority Business Development Agency, the Economic Development Agency, and the USDA’s Rural Development Program.
* Cosponsored H.R. 2981, a bill to promote greater outreach by Small Business Development Centers to Native Hawaiians and other indigenous groups by authorizing grants up to $300,000
* Supports law providing Super 8(a) status for Native Hawaiian-owned businesses in DOD contracting in Hawaii and greater opportunities for Native Hawaiian-owned businesses in federal contracting generally
* Supported law designating an official at the Small Business Administration to address issues specific to Hawaii and Native Hawaiians
* Member of the Small Business Committee and the Agriculture Committee with focus on minority small business efforts
Health
* Cosponsored H.R. 2597, the Native Hawaiian Health Care Improvement Reauthorization Act
* Continues to support funding for the Native Hawaiian Health Care Act, which funds the Native Hawaiian health scholarship program, Papa Ola Lokahi and the Native Hawaiian Health Care Systems on Molokai, Maui, Kauai, the Big Island, and Oahu
* Cosponsored H.R. 5201, the Health Centers Renewal Act of 2006, which authorizes funds for FY 2007- FY 2011 for health centers to meet the health care needs of medically underserved populations, most especially Native Hawaiian communities
* Supported successful efforts by the Molokai Community Health Center, the Koolauloa Community Health and Wellness Center, and the West Hawaii
Community Health Center to obtain Federally Qualified Health Center status
* Sponsored H.R. 2226, to provide adequate Medicare reimbursement for emergency services at the Waianae Coast Comprehensive Health Center
* Cosponsored H.R. 3561, the Health Care Equality and Accountability Act, and ensured the inclusion of Native Hawaiians and Pacific Islanders
Kalaupapa
* Recognizes the importance of the people of Kalaupapa and Kalaupapa National Historical Park to Native Hawaiians, and supports efforts to ensure that the quality of life for patients at Kalaupapa are a priority and that the legacy of the people of Kalaupapa are never forgotten
* Conducted personal Talk Stories at Kalaupapa in 2003 and 2005.
* Appeared on C-SPAN2’s After Words Program in April 2006 to interview John Tayman, author of a book on Kalaupapa, and raised concerns of patients at Kalaupapa and many others who believed that the book was insensitive to Kalaupapa’s people and to Hawaiian history
* Introduced H.R. 4529, the Kalaupapa Memorial Act, which directs the Secretary of the Interior to authorize Ka `Ohana O Kalaupapa, a nonprofit organization consisting of patient residents at Kalaupapa National Historical Park, to establish a memorial at Kalawao or Kalaupapa within the boundaries of Kalaupapa National Historical Park to honor those individuals, numbering an estimated 8,000-9,000, who were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969, many of whom were Native Hawaiians.
* Supports banning commercial aerial tour flights over Kalaupapa National Historical Park
* Supports job training programs for Native Hawaiians at Kalaupapa National Historical Park
Selected State Legislative Initiatives/Accomplishments (1994-2002)
* (1995) Instrumental in enacting $600 million settlement between the State of Hawaii and the Department of Hawaiian Home Lands. The settlement has provided the means for the broadest and fastest advance in home construction in the program’s near-century history.
* (1995) Introduced legislation to remove Hawaii Supreme Court justices from Bishop Estate nomination process. The process had produced a dysfunctional board of trustees doing great harm to the Kamehameha Schools and to the trust created by Princess Bernice Pauahi Bishop. The Supreme Court justices later removed themselves from this role.
* (1997) As Chair of Hawaiian Affairs, stopped bill (Solomon/Iwase) to virtually eliminate Native Hawaiian gathering rights in wake of PASH decision; created interim group of stakeholders which worked out accommodations that have prevailed to the present
* (1997) Led statewide hearings to highlight successes and challenges of Hawaiian language immersion schools, and subsequently advocated for funding and administrative changes to assure their survival
* (1998) Introduced proposed Native Hawaiian Autonomy Act to combine Native Hawaiian resources into one consolidated entity to provide full autonomy for Native Hawaiians and be empowered to negotiate with federal government on resolution of claims. Withdrew bill after providing first true public hearings on big picture of Hawaiian affairs when native Hawaiian community strongly objected. Ideas of bill have surfaced in subsequent internal native Hawaiian discussions, especially after the failure of federal recognition.
* (1997) Worked with authors of Broken Trust toward publication and went on record for article
* (1998) Led effort to cap excessive Bishop Estate trustee compensation and provide accountability of trustees to beneficiaries
* (1999-2000) Placed Native Hawaiian concerns foremost as Majority Leader
Congressional Initiatives to Protect Our Environment
Protecting Our Oceans
* Introduced H.R. 2376, the Northwestern Hawaiian Islands National Marine Refuge Act, which was implemented in President Bush’s designation on June 15, 2006, of the Northwestern Hawaiian Islands National Marine Monument.
* Introduced H.R. 3469, the Coral Reef Conservation and Protection Act of 2005
* Cosponsored H.R. 4788, the Coral Reef Conservation Amendments Act of 2006
* Cosponsored H.R. 3778, the Bottom Trawl and Deep Sea Coral Habitat Act
* Cosponsored H.R. 1431, the Fisheries Science and Management Enhancement Act of 2005, which requires representation by conservation specialists on fishery councils
* Sought funding for ‘Ao‘ao O Na Loko I‘a O Maui (Association of Fishponds of Maui) for the restoration of Ko‘ie‘ie Fishpond; volunteered and participated in rebuilding of fishpond walls
* Cosponsored H.R. 1591, the National Aquatic Species Act
* Cosponsored H.R. 4778, the Hawaiian Waters Chemical Munitions Safety Act
* Cosponsored H.R. 1592, the Aquatic Species Research Act
* Cosponsored H.R. 1636, the Clean Cruise Ships Act
* Cosponsored H.R. 3692, the Marine Debris Research, Prevention, and Reduction Act
Protecting Hawaii’s Coastlines and Endangered Natural Areas
* Introduced H.R. 2619, which became Public Law 108-481, to authorize expansion of the Kilauea Point National Wildlife Refuge by 234 acres to provide increased habitat for threatened seabirds as well as important new habitat for Hawaii’s endangered waterbirds and nene along Kilauea Stream
* Initiated reconnaissance study of Ka‘u coastline on island of Hawaii; will introduce bill in September 2006 authorizing full feasibility study based on favorable outcome of reconnaissance survey
* Introduced bills to study feasibility of establishing national seashores on the north and south coasts of Maui
* Introduced bill to expand Hawaii Volcanoes National Park
* Supported protection of Honu‘apo on the Island of Hawaii
* Supported acquisition of Waimea Falls property on Oahu
* Supported acquisition of Pupukea-Paumalu property on Oahu’s North Shore to protect the viewscape across from Sunset Beach
* Oppose expansion of Turtle Bay/Kuilima Resort on Oahu’s North Shore
* Cosponsored H.R. 3187, the Coastal and Estuarine Land Conservation Program Act, a law that has been used to help acquire endangered lands in Hawaii including Muolea on Maui, Honu‘apo on the Big Island, Pupukea-Paumala and Waimea Falls on Oahu, and additions to Kilauea Point National Wildlife Refuge on Kauai
* Cosponsored H.R. 2419, the Native American Sacred Lands Act, which would require federal land managers to (1) accommodate meaningful access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands.
Combating Invasive Species and Protecting Hawaii’s Endangered Species
* Introduced H.R. 3468, the Hawaii Invasive Species Prevention Act, which would help to prevent introduction of new invasive species into Hawaii. H.R. 3468 has been endorsed by the Hawaii Invasive Species Council, the Hawaii Department of Agriculture, and the Hawaii Farm Bureau Federation.
* Hosted video teleconference with Administrator of USDA Animal and Plant Health Inspection Service (APHIS) and secured agreement for APHIS and the Hawaii Department of Agriculture to conduct the first-ever comprehensive pest risk assessment for Hawaii involving both domestic and foreign cargo. Agreed to work toward creation of a joint USDA-Department of Homeland Security-Hawaii Department of Agriculture incoming inspection facility at Honolulu Airport.
* Cointroduced H.R. 3479, the Brown Tree Snake Control and Eradication Act, which became Public Law 108-384. Successfully advocated for funding from USDA, Department of Interior, and Department of Defense to address this tremendous threat to Hawaii’s ecosystems.
* Cosponsored Marine Turtle Conservation Act of 2004, which became Public Law 108-266
* Advocates for protecting nesting grounds of green sea turtle (primarily in the Northwestern Hawaiian Islands) and hawksbill turtles (primarily along the Ka‘u Coast) in Hawaii
* Requested as highest priority in funding from Department of Interior stable funding for the Endangered Hawaiian Forest Bird Captive Propagation Program on the islands of Hawaii and Maui. This program is bringing several species of endangered Hawaiian forest birds back from the brink of extinction, including the ‘Alala (Hawaiian crow), the Maui Parrotbill, the Puaiohi, and the Palila.
* Advocate for funding for control and eradication of the coqui and greenhouse frog, miconia, and other serious invasive species
Protecting and Increasing Funding for our National Parks, National Wildlife Refuges, and National Monuments
* Consistently voted against allowing drilling in ANWR
* Cosponsored H.R. 567, the Arctic Wildlife Refuge Bill; also cosponsored in 108th
* Requested funding for acquisition of authorized additions to Haleakala National Park, Hawaii Volcanoes National Park, Pu‘uhonua o Honaunau National Historical Park, and James Campbell National Wildlife Refuge
* Requested funding for successful acquisition of the 25,856-acre Wao Kele o Puna tropical Hawaii rainforest under the Forest Legacy Program
Addressing Global Warming
* Wrote with House colleagues to President Bush urging him to recognize the threat of global warming and to implement policies to reduce the health, environmental, economic, and national security risks associated with this threat
* Cosponsored H.R. 759, the Climate Stewardship Act
* Cosponsored H.R. 5642, the Safe Climate Act
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http://starbulletin.com/2006/08/18/editorial/editorial01.html
Honolulu Star-Bulletin, August 18, 2006, EDITORIAL
OUR OPINION
Akaka campaign allows distortion of Case views
THE ISSUE
A law partner of Senator Akaka's re-election campaign chairman has accused Rep. Ed Case of supporting anti-Hawaiian legislation.
AN effort by Rep. Ed Case to bring the discussion about Hawaiian autonomy to the forefront of the Legislature in 1998, when he chaired the state House Committee on Hawaiian Affairs, was misunderstood at the time and is being distorted again as he challenges Senator Akaka. The distortion comes in e-mail written by William Meheula, law partner of Akaka campaign chairman Andy Winer, and sent to thousands of Kamehameha Schools alumni.
In the e-mail, Meheula claimed that Case's Native Hawaiian Autonomy Act "would have terminated" the Office of Hawaiian Affairs and the Hawaiian Home Lands program. Actually, the bill would have consolidated OHA, Hawaiian Home Lands and other Hawaiian programs into a single nonprofit trust, separate from government and controlled by Hawaiians.
Former Gov. John Waihee had made a similar proposal two years earlier. The Democratic majority in the House decided early in the 1998 session to hold Case's bill in committee "and leave the discussion of the issues at this point to the native Hawaiian community." The message was clear: Non-Hawaiians were not welcome to join the discussion.
As we observed at the time, that view was shortsighted, because nothing can be achieved by Hawaiians on the issue of autonomy or sovereignty without the support of non-Hawaiians. For proposing that Hawaiian programs be consolidated, Case was called a racist and accused of interfering with the sovereignty movement.
Case also sought in the late 1990s to settle the issue of ceded-land revenues going to the Office of Hawaiian Affairs after a judge ruled that the state had underpaid airport revenue to OHA. He supported legislation aimed at clarifying the law and creating a mechanism to reach a settlement. Meheula's e-mail misconstrued that as trying to deprive OHA of payments.
Case is and has been a strong supporter of sovereignty and a wide array of Hawaiian programs. He called for reining in the million-dollar compensation for Bishop Estate trustees and holding them accountable as early as 1995, two years before the Broken Trust articles in this newspaper triggered reform of what is now Kamehameha Schools.
The Akaka campaign has done little to distance itself from Meheula's political dirt. Akaka spokeswoman Elisa Yadao, who was communications director of the pre-reform Bishop Estate, said the e-mail is not part of the campaign but embraced it as "an accurate assessment of Ed's legislative record and pretty illuminating and revealing of his position on native Hawaiian issues."
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http://starbulletin.com/2006/08/19/editorial/letters.html
Honolulu Star-Bulletin, August 19, 2006, LETTER TO EDITOR
Only a Hawaiian can work for Hawaiians
Your Aug. 18 editorial regarding Ed Case's splendid record for the Hawaiians is your opinion. For me and many Hawaiians, Bill Meheula spoke the truth in the e-mail that was distributed.
You bring up all what was proposed by Case for the Hawaiians. How come I did not read about the bill on "gathering rights." The Hawaiian individual had to prove that he could trace his ancestors to claim this right. Why should the Hawaiian have to prove this right? The Hawaiians were here for generations. Hawaii was their land. They only harvested from the sea, not to deplete the limu beds or the opihis. They took only for food for the family. They left more to replenish for all to use. What Case proposed was not "mana from heaven."
I believe he is no Jack Burns championing the Hawaiian cause. To many of us, Jack Burns might have been ornery, but it was for the good of all of us. He was a visionary when it came to the Hawaiians. Today, Sen. Daniel Akaka fills the bill. After all, he is Hawaiian and understands our goals and aspirations. He is one of our kind.
Alfred Akana
Honolulu
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http://starbulletin.com/2006/08/20/editorial/commentary2.html
Honolulu Star-Bulletin, August 20, 2006 COMMENTARY
My Side Of The Story
William Meheula
Case's proposals would undermine Hawaiians
THANK YOU for allowing me to address your editorial "Akaka campaign allows distortion of Case views," (Star-Bulletin, Aug. 18).
On July 26 and Aug. 16, I wrote letters to approximately 20 friends and supporters of Sen. Dan Akaka where I explained that Rep. Ed Case's 1998 proposed Native Hawaiian Autonomy Act would do the following:
» Create a private non-profit corporation called the Native Hawaiian Trust Corporation which "shall not be a sovereign governmental entity."
» Provide that the trust's 13 trustees shall be of Hawaiian blood and shall be elected by Hawaiians living in Hawaii.
» Transfer the state's obligations to the Office of Hawaiian Affairs and Department of Hawaiian Home Lands to the trust.
» Transfer the assets of OHA, the assets of DHHL and Kahoolawe to the Trust.
» Transfer the results of any settlement of "historic claims by Native Hawaiians against the State" from the process established by Act 329 (1997).
» Repeal Native Hawaiians' right to sue the state for breaches of the Hawaiian Home Lands Trust and the Public Land Trust under HRS Chapter 673.
In addition, the act's stated purpose was to stop the "continued dependence by native Hawaiians on others which prevents the development of the full potential of the native Hawaiian people."
THIS ACT, if passed, would have significantly hurt Hawaiians for the following reasons:
» The act did not create a sovereign entity and therefore would have taken Hawaiians further away from the federal recognition needed to help defeat the equal protection challenges being levied against OHA, DHHL and Kamehameha Schools. In fact, the election process set forth in the act would have been unconstitutional under Rice v. Cayetano.
» The state would not owe any future trust obligations to Hawaiians under the Hawaiian Home Lands Act (1921), the Admission Act (1959) or HRS Chapter 10 thereby effectively terminating DHHL and OHA.
» The only way Hawaiians could get redress for the state's past breaches of the Public Land and Hawaiian Home Land trusts would have been through a global settlement process set forth in Act 329, thereby totally eliminating any leverage Hawaiians would have to negotiate a fair settlement for themselves.
My letters also explained that in 1997, Case: (1) attempted to legislatively reverse a 1996 decision issued by then Circuit Court Judge Dan Heely that favored OHA with respect to OHA's right to ceded land revenue; (2) attempted to legislatively reverse another decision issued by Judge Heely that enjoined sales of ceded lands in Kealekehe and Leialii; and (3) attempted to influence the Federal Aviation Administration to issue a decision that ultimately led to the repeal of Act 304 (1990). (Act 304 was the act that had served to clarify OHA's right to ceded land revenues.)
My conclusion is that Ed Case's introduction of the act and his work to undermine Judge Heely's ceded revenue decision in favor of OHA and Heely's order enjoining the state from selling ceded lands demonstrate that voting for Case over Akaka probably would not be a wise political decision for Hawaiians and for all voters who believe in civil liberties.
IN A RECENT Star-Bulletin article, Case said: "My personal observation of knowing Bill (Meheula) both personally and professionally is that he is not going to let the facts get in the way of what he wants to say."
I know the facts because I litigated many of these issues. However, please go to billmeheula.com, review my letters and the attached source documents including the act, and make your decision about who is telling the truth about the facts.
William Meheula is a Honolulu attorney. His law partner, Andy Winer, is chairman of Sen. Daniel Akaka's re-election campaign.
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