SAI v. Clinton
778 F. Supp. 2d 1
D.D.C.2011Background
- Pro se plaintiff David Keanu Sai sues several government officials seeking declaratory and injunctive relief and damages regarding the Liliuokalani Assignment; he contends the U.S. must return Hawaii to the Kingdom of Hawaii and that the 1898 annexation was unconstitutional.
- Plaintiff names Secretary of State Hillary Clinton, Secretary of Defense Robert Gates, Admiral Robert Willard, and Hawaii Governor Linda Lingle as defendants; Lingle was later dismissed.
- Plaintiff asserts the Liliuokalani Assignment and international treaties obligate U.S. administration of Hawaiian Kingdom law until restoration of the Kingdom.
- Plaintiff seeks to expunge a Hawaii state conviction and to declare the Newlands Resolution unconstitutional; jurisdiction is invoked under the Alien Tort Statute (28 U.S.C. § 1350).
- The court grants defendants’ motion to dismiss for lack of jurisdiction, and declines to allow supplemental filings or interventions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has subject matter jurisdiction | Sai brings ATS claims based on Liliuokalani Assignment | Defense argues political question, no judicially manageable standard | Lacks jurisdiction; political question doctrine applies |
| Whether a supplemental complaint raises justiciable claims | Supplement alleges new defendants and acts | Question remains nonjusticiable | Denied as futile; supplemental complaint rejected |
| Whether intervention motions should be entertained | Intervenors seek to participate | Intervention ancillary to main action | Denied; action dismissed in full |
Key Cases Cited
- Oetjen v. Cent. Leather Co., 246 U.S. 297 (U.S. 1918) (political question tied to executive discretion over territory)
- Jones v. United States, 137 U.S. 202 (U.S. 1890) (sovereignty of territory is a political question)
- Baker v. Carr, 369 U.S. 186 (U.S. 1962) (six factors for political question doctrine)
- Lin v. United States, 561 F.3d 502 (D.C. Cir. 2009) (sovereignty issues can present nonjusticiable questions)
- Schneider v. Kissinger, 412 F.3d 190 (D.C. Cir. 2005) (political questions doctrine governs jurisdiction over foreign-relations issues)