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USA’s continuous control of the Republic of the Marshall Islands This paper is based on evidence of public documents from 1980 until this day Based on the provisions of the Marshallese Constitution and enacted laws And on the presumption that US Federal Judges, US lawyers and other US government agents are literate and trained to understand legal provisions whether in the USA or in the RMI The most important government agency in any country is its judiciary. If the judiciary is independent, above reproach and strives to enforce the countrys constitution, the existing laws and the due course of justice, the country prospers. Where the judiciary is corrupted or even non-existent, the country lives in a virtual state of anarchy, where everyone does as he pleases, and where corruption and human rights violations are high. The patterns in such countries are obvious: The country suffers from an oligarchy which jointly with a Kleptocracy depletes the resources Corruption wastes the annual budget The Economy is practically not existing The majority of the people is jobless The people must swallow their natural pride and are forced by a corrupt government to take on the role of professional beggars, thankful for handouts by other countries Emigration rate among the able bodied is high, depleting the country further of its resources People are scared into acceptance of the lawless situation and are being told to be “respectful” toward their oppressors, or else.... In countries with a healthy, independent judiciary, such excess is curbed since a healthy judiciary gives the people the security of their persons, property and access to the courts to invoke the judicial process for redress. Victim Republic of the Marshall Islands We all remember that the Marshall Islands where a trust territory under the UN, which means that USA could do in the Marshall Islands as it pleased, the UN being more or less the mouthpiece of USA. During this “trusteeship”, USA used the Marshall Islands for its nuclear tests and laid waste to a big part of the Marshall Islands. In addition to contaminating vast stretches of Pacific and islands, under their Secret Project 4.1, USA used the Marshallese people as guinea pigs for their tests of nuclear fallout. Any other country committing such crime would have been called up by UN for GENOCIDE, not so of course USA. Until this day, Marshallese people have not been fully compensated by USA for the families they lost and
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USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

Jan 22, 2023

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Page 1: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

USA’s continuous control of the Republic of the Marshall Islands

This paper is based on evidence of public documents from 1980 until this day

Based on the provisions of the Marshallese Constitution and enacted laws

And on the presumption that US Federal Judges, US lawyers and other US government

agents are literate and trained to understand legal provisions whether in the USA or in the

RMI

The most important government agency in any country is its judiciary. If the judiciary is independent,

above reproach and strives to enforce the country’s constitution, the existing laws and the due course of

justice, the country prospers. Where the judiciary is corrupted or even non-existent, the country lives in a

virtual state of anarchy, where everyone does as he pleases, and where corruption and human rights

violations are high. The patterns in such countries are obvious:

The country suffers from an oligarchy which jointly with a Kleptocracy depletes the resources

Corruption wastes the annual budget

The Economy is practically not existing

The majority of the people is jobless

The people must swallow their natural pride and are forced by a corrupt government to take on

the role of professional beggars, thankful for handouts by other countries

Emigration rate among the able bodied is high, depleting the country further of its resources

People are scared into acceptance of the lawless situation and are being told to be “respectful”

toward their oppressors, or else....

In countries with a healthy, independent judiciary, such excess is curbed since a healthy judiciary gives

the people the security of their persons, property and access to the courts to invoke the judicial process for

redress.

Victim Republic of the Marshall Islands

We all remember that the Marshall Islands where a trust territory under the UN, which means that USA

could do in the Marshall Islands as it pleased, the UN being more or less the mouthpiece of USA. During

this “trusteeship”, USA used the Marshall Islands for its nuclear tests and laid waste to a big part of the

Marshall Islands. In addition to contaminating vast stretches of Pacific and islands, under their Secret

Project 4.1, USA used the Marshallese people as guinea pigs for their tests of nuclear fallout. Any other

country committing such crime would have been called up by UN for GENOCIDE, not so of course USA.

Until this day, Marshallese people have not been fully compensated by USA for the families they lost and

Page 2: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

for their suffering of cancers due to the nuclear fallout. Bringing a case to the Marshall Islands courts is a

waste of time, since the “judges” are US citizens, and many of them are active US government agents.

The first step to keep control over the newly created Republic of the Marshall Islands

In 1979, proudly the Marshallese adopted their own Constitution as the legal frame for their independence

as a Republic. Being a rather harmless and innocent people, they called USA, respective an US citizen,

eminent professor for constitutional law, to help to formulate and draft their constitution. Poor

Marshallese, their trust was rewarded with a racist crime that locked the Marshallese people actually out

of their own Constitution under Article VI, Section 5: JUDICIAL SERVICE COMMISSION:

Section 5. The Judicial Service Commission.

(1) There shall be a Judicial Service Commission which shall consist of:

(a) as Chairman, the Chief Justice of the High Court, or if his office is vacant, a person

qualified by legal training, experience and temperament, appointed by the Cabinet to act during the period of the vacancy;

(b) the Attorney-General or, if for any reason the Attorney-General is unable to act, the Chairman of the Public Service Commission;

(c) a citizen of the Republic of the Marshall Islands, who is neither a member of the

Nitijela nor an employee of the Public Service, appointed from time to time by the Cabinet.

(2)No business shall be transacted by the Judicial Service Commission unless three present;

and all questions proposed for decision by the Commission shall be majority of the votes of those members,

(3) The Judicial Service Commission shall:

(a) make recommendations on judicial appointments on its own motion or at the

request of the Cabinet;

(b) recommend or evaluate criteria of qualification for judges on its own motion or at the request of the Speaker or the Cabinet;

(c) appoint and remove judges of subordinate courts, and of the Traditional Rights

Court if authorized to do so by Act;

(d) exercise such other functions and powers as may be conferred by law.

(4) In the exercise of its functions and powers, the Judicial Service Commission shall not

receive any direction from the Cabinet or from any other authority or person, but shall act

independently. [

(Emphasis added)

Page 3: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

What this vile, racist Paragraph 5 in fact does, is to prevent Marshallese from either becoming Attorney

General, or Chief Justice of the High Court, since it explicitly states that only one Marshallese citizen

only is permitted to sit on the Judicial Service Commission beside the Attorney General and the

Chairman who is the Chief Justice of the High Court.

One does not need to be a rocket scientist to figure out how much power and say a Marshallese citizen has

in such commission. Moreover, the constitutional US expert made certain that the single Marshallese

sitting on the Commission was not educated enough to make his/her voice count. In 1979, those

Marshallese who had education were mostly employed in the Public Service or were members of the

Nitijela. Since only one Marshallese is constitutionally permitted to have a say against two US citizens

(mostly the AG is an US citizen) it is continuously two votes against one, provided that such a

Marshallese is actually raising an objection (which is not the case).

See also https://www.academia.edu/4417085/The_Marshall_Islands_Judicial_Service_Commission

With this vile, racist provision in the Constitution under Article VI, Section 5, an eminent US professor

for constitutional law excluded the Marshallese people from having a say in who are becoming their

judges. This was actually the first step to continue to control the Marshall Islands through its

judiciary.

The second step to keep control over the newly created Republic of the Marshall Islands

In order to fully understand the continuous US occupation through the RMI judiciary, one must take into

consideration that the Marshallese people, through custom are trained from early age to be “respectful”,

that they have only three lawyers who actually studied law in a law school, and that non-compliance with

“being respectful” is punished by shutting them up. Even though some Marshallese fully understand the

foulness of their judiciary, they accept it because they fear consequences when attempting to interfere. In

addition to that, if pointed out to a member of the Nitijela or the Cabinet that constitutional provisions are

violated, people are told that: “WE ALWAYS DO IT LIKE THIS” claiming “customary law”, as if

constitutional violations that continue and continue could ever become “custom”! A continuous crime

never can become a customary law!

Another means to continuously control the Marshallese people is to prevent them to speak and write

English and keep them ignorant. The law of the Marshall Islands is US Common law and all US codified

law and presidential decrees that were in existence at the time of the ratification of the RMI Constitution.

This is set forth under the Constitution, Article XIII:

TRANSITIONAL

Section 1. Existing Law to Continue.

(1) Subject to this Constitution:

(a) the existing law shall, until repealed or revoked, and subject to any amendment

thereof, continue in force on and after the effective date of this Constitution;

(b) all rights, obligations and liabilities arising under the existing law shall continue to

exist on and after the effective date of this Constitution and shall be recognized, exercised and

enforced accordingly.

Page 4: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

(Emphasis added)

The “existing law” is defined under Article XIV, Section (1):

“Existing law” means the law in force in the Marshall Islands immediately before the

effective date of this Constitution: and includes any legislative or executive instrument having

the force of law made or passed before that effective date and coming into force on or after that effective date; (Emphasis added)

The “existing law” is US Common law until repealed by Nitijela, which means the law is in English, so

are the new Acts by Nitijela.

Since the laws are in English, it stands to reason that the citizen of the Marshall Islands must be trained to

speak, write and understand English to the extent to be able to understand the laws, else the Marshallese

people become an entirely ignorant mass of people without a voice and without the means to criticize,

correct or defend their rights.

The US Compact of Free Association, 41 MIRC provides:

ECONOMIC RELATIONS

Article I

Grant Assistance

Section 211 – Annual Grant Assistance

(1) Education. United States grant assistance shall be made available in accordance with the strategic framework

described in subsection (f) of this section to support and improve the educational system of the Republic of the

Marshall Islands and develop the human, financial, and material resources necessary for the Republic of the

Marshall Islands to perform these services. Emphasis should be placed on advancing a quality basic

education system.

(Emphasis added)

It is a fact that the educational system of the Marshall Islands is in a down spin since independence and

that English – the language of the laws – and as such of enormous importance – has practically ceased to

exist. It is a fact that the educational system of the Marshall Islands is poor to the extent of nonexistent.

Everyone who has a family member in high places can become a “teacher”. This means, that the schools

are run or rather not run by nepotism, by “teachers” who have no education to teach and of course who

themselves are lacking English. Many of these so-called “teachers” are even not attending classes. The

result is that the Marshallese are far below the most basic education, are ignorant and because of their

lack of English effectively are locked out to communicate with the rest of the world, so to learn and

understand, and of course take part in the future of their country. Again, one does not need to be a rocket

scientist to understand that the Marshallese language, spoken globally by about 60 000 people, effectively

prevents the Marshallese people from gaining knowledge, education and the means to understand their

own laws. The average Marshallese – and 95 % of the Marshallese are average, has no understanding of

the laws that rule the Republic and him/herself. Having no knowledge thereof, they cannot participate in

any democratic ways in the formation of their own country. In other words, the illiterate, non-English

speaking Marshallese of today are a God sent for those who control and rule them since they have no

voice, lacking both, education and understanding.

Page 5: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

One cannot but wonder why the control functionaries of the Compact of Free Association continue to pay

money out of the Compact for virtually no education at all. After all, it is their duty as provided for under

the Compact:

Section 213 – Accountability.

(a) Regulations and policies normally applicable to United States financial assistance to its state and local

governments, as set forth in the Fiscal Procedures Agreement, shall apply to each grant described in section

211, and to grants administered under section 221 below, except as modified in the separate agreements

referred to in section 231 of this Compact, as amended, or by U.S. law. As set forth in the Fiscal Procedures

Agreement, reasonable terms and conditions, including annual performance indicators that are necessary to

ensure effective use of United States assistance and reasonable progress toward achieving program objectives

may be attached. In addition, the United States may seek appropriate remedies for noncompliance with the

terms and conditions attached to the assistance, or for failure to comply with section 234, including

withholding assistance.

So, why has USA not put down the foot over the last 34 years and recently under the Amended Compact of Free

Association, despite the glaringly obvious fact that the education of the Marshallese children is sinking every year

deeper and the children are growing up with no useful knowledge or education that would enable them to become

citizens who can participate in their own government, which after all is called DEMOCRACY? Is it willful to keep

and continue to keep the Marshallese children ignorant? Obviously, such is the case, since the authorities

empowered utter inane and mild criticism only without moving a finger to rectify the shocking results.

Factual results since 197: Average Marshallese people due to lack of education cease to speak and write English and are unable to

understand their own laws, and so are prevented to become citizens who take an active part in their

democratic government.

The third step to keep control over the Republic of the Marshall Islands

The unconstitutional High Court – run as a criminal enterprise

As provided by an US citizens and professor of Constitutional law in the vile Article VI, Section 5

Judicial Service Commission, the “judges” of the RMI High Court are foreigners, respective they are US

citizens who came to the Pacific to find their fortunes, or because they failed in their carriers in the States,

or run away from problems there. Some of these “judges” were kinky sexual offenders, some were found

(or purported to be found) with their hands in the till, some purported to be legally trained, but all of them

were selected by the racist Judicial Service Commission where a single Marshallese had no say. Despite

the obvious absence of moral stamina in some, it is presumed that these worthies could read and

understand common English language as used in the RMI Constitution and laws enacted by the Nitijela.

Obviously either these worthies over the last three decades were unable to read and understand English,

or they were so much in contempt of the Marshallese people that they simply ignored any of their existing

law and usurped power in an unconstitutional High Court on the basis of illegal compensation contracts

that permitted them and continues to permit them to rob the Marshallese people of their financial means

that are provided for the judiciary. In addition to their illegal salaries, these “judges” draw money from

Page 6: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

the Judiciary Fund for their luxury vacations. Such illegal provisions are part of their illegal compensation

contracts and feature as paragraph for Legal Education in “a country of his choice” Therefore, every

usurper judge may select the country of his choice, fly First or Business Class there, stay in the best hotel

(preferable with a golf course) and participate in a summer course of legal training. See also:

https://www.academia.edu/6711135/The_High_Court_of_the_Marshall_Islands_THE_FRAUD_UPON_

THE_MARSHALLESE_PEOPLE_AND_THE_INTENTIONAL_DENIAL_OF_THEIR_UNALIANAB

LE_HUMAN_RIGHTS

The money is provided under 27 MIRC Ch.1 solely for the purpose to train Marshallese judges and help

Marshallese students financially with their law studies. Since the money is provided especially from the

Compact of Free Association, the Office of Insular Affairs, which writes the following Budged

Justification:

Office of Insular Affairs FY 2012 Budget Justification

101 Compacts of Free Association

iii. Fiscal Year 2012 Judicial Training Program

Section 105(i)(1) of Public Law 108-188 established an annual program for the training of judges and officials of the judiciary in the Federated States of Micronesia and the Republic of the

Marshall Islands in cooperation with the Pacific Islands Committee of the Ninth Circuit Judicial

Council. The base amount of the program was established at $300,000, an amount adjusted annually by Section 118 of the Compact of Free Association. The 2012 program funding level

is estimated at $341,000. The goals of the program are to:

• Train judges to provide fair, impartial and speedy justice, with a bench imbued with

integrity, professionalism and competence. • Train court leaders with ethical principles to train court staff.

• Train lawyers to provide a pool of qualified candidates to fill future judicial vacancies.

• Train court interpreters to provide access to justice in local communities.

One cannot but again wonder that the control panel of the Compact of Free Association does not act on

the illegal withdrawal of money by US citizens who assumed their positions based on their legal

education, since this is a clear misappropriation of funds by US citizens that deprives the Marshallese

citizens to be trained as judges or as lawyers. Obviously, the control panel believes that any

misappropriation of funds that benefits an US citizen is justified, or worse, the money is well spent

because it deprives the Marshallese people from becoming judges and lawyers, who then could meddle in

their own judiciary and most certainly make the country independent. This is just another step to keep the

Marshallese legally ignorant.

There were at no time the necessary number of at least three judges in the High Court as provided under

the Constitution, Article VI, Section 3 (1), which of course makes the understaffed High Court totally

unconstitutional, the more so, because these US “judges” were not appointed by the President, respective

the Cabinet. See also:

https://www.academia.edu/6711135/The_High_Court_of_the_Marshall_Islands_THE_FRAUD_UPON_

Page 7: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

THE_MARSHALLESE_PEOPLE_AND_THE_INTENTIONAL_DENIAL_OF_THEIR_UNALIANAB

LE_HUMAN_RIGHTS

It is a fact, evidenced in public documents that US citizens run the RMI High Court with two “judges” in

violation of the ratified Constitution in 1979. Many of these usurpers used and use the High Court to run

criminal enterprises where judgments could and can be obtained by illegal means. Evidence thereof is

aplenty in the published High Court judgments; anyone reading at random such Orders and Judgments

must be stunned by the baseless arguments and legal opinions of these usurpers. There are judgments and

orders that prima facie are so blatantly bought that these curl the toes. Due to such “judgments” and

”orders” Marshallese and others dwelling in the Marshall Islands lost their properties in proceedings that

were committed in an unconstitutional court by usurpers without lawful title and who run the High Court

as a criminal enterprise. Forgery, ex parte agreements, absence of any Rules of Civil Procedure and Rules

of Evidence are a daily occurrence in this unconstitutional High Court that is a shame on the country.

Clerks of the Court, without legal training blindly obey the illegal instructions of the two usurpers and

deny people even access to the courts, if such people are becoming an embarrassment to the usurpers

because they are legally literate.

The fourth step to keep control over the Republic of the Marshall Islands is the active

participation of US government agents, deceiving knowingly and willfully the Marshallese

people in their belief to have access to their own Supreme Court

Public documents since 1980 in form of so-called “Supreme Court Decisions” reveal that the Marshall

Islands have no Supreme Court, but a bunch of US agents who pretend to run an RMI Supreme Court.

The Constitution is explicit that there must be a Supreme Court, containing three judges:

Article VI, Section 2:

Section 2. The Supreme Court.

(1) The Supreme Court shall be a superior court of record, shall consist of a Chief Justice and

such number of other judges as may from time to time be prescribed by Act, and shall have appellate

jurisdiction, as to both law and fact, with final authority to adjudicate all cases and controversies properly

brought before it, in accord with this Constitution and other applicable laws of the Republic of the

Marshall Islands. (Emphasis added)

The Act mentioned is the 27 MIRC Judiciary that provides:

(2) The Supreme Court shall consist of three (3) members; a Chief Justice and two (2)

associate judges.

(3) If any judge of the Supreme Court shall become disqualified in any case

before that Court, the Cabinet, acting in accordance with Article VI, Section 1(5) and (10)

of the Constitution of the Marshall Islands, may appoint a person to serve

on such case in the place of the disqualified judge.

Page 8: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

The Judiciary Act further contains a rather senseless and inane provision further down under (6),

namely:

(6) All sessions of the Supreme Court shall be held in Majuro, Marshall Islands.

In which sentence the hand of US citizens can be detected, because where else except in the

capital of the Marshall Islands, could the Supreme Court hold its sessions?

This wired or rather inane sentence of the absolute obvious gives rise to the fear that USA

controls at least part of the Republic’s Congress and dictates what laws they have to pass in order

to accommodate US government agents to deny the Marshallese people their constitutional

courts.

§265. Sessions of Courts.

(1) Each court shall convene from time to time as may be necessary for the efficient

disposition of its duties.

(2) The Supreme Court shall sit at such times and places as are determined by the Chief

Justice of the Supreme Court, but unless the Chief Justice certifies that urgent or cogent reasons

require that it sits elsewhere all sessions shall be held at the Courthouse on Majuro.

(Emphasis added)

Obviously, this paragraph should blur the fact that the Marshall Islands have NO Supreme Court,

the reference “Courthouse” is made to the High Court., which houses also the District Court but

where no plaque shows that it is also the Supreme Court of the Marshall Islands. Every country

on this globe has a Supreme Court in its capital, because this is the necessary part to have a

functioning and legal judiciary. Not so the Marshall Islands. They have no Supreme Court! What

they are made to endure is a bunch of US government officials who moonlight in violat ion of

their own laws for financial benefit in that they order the chief clerk of the High Court to forward

to them in USA wherever they are resident, all filings for the Supreme Court. In fact, any

Marshallese filing in the Supreme Court ends up on a government desk of an US active

government agent in his hometown. Since 2003, Marshallese Supreme Court filings are dealt

with:

By the Assistant Attorney General of Alaska, Daniel N. Cadra since 2003

There helps no deceit by the High Court that publishes an obvious and easily

detected lie:

http://www.rmicourts.org/Supreme Court:

“ The Supreme Court is a superior court of record having appellate

jurisdiction with final authority to adjudicate all cases and controversies properly brought before

Page 9: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

it. The Supreme Court consists of a chief justice and two associate justices. To date, all Supreme

Court judges have been law-trained attorneys and most have been experienced judges. The

current chief justice, Daniel N. Cadra, is a United States expatriate appointed to a 10-year

term in September 2013. Any Marshallese citizen appointed to the Supreme Court would be

appointed to serve until age 72. Generally, associate justices have been pro tem judges from

other jurisdictions, e.g., the United States Ninth Circuit Court of Appeals, the United States

Federal District Court in Hawaii, the Republic of Palau, the Commonwealth of the Northern

Mariana Islands, and Canada.” (Emphasis added)

1. The RMI Supreme Court does not exist

2. The non-existing Supreme Court does not have a chief justice and two associate justices.

3. Daniel N. Cadra is not a US expatriate, he is a US citizen, living in Alaska and an

Assistant Attorney General, which is amply documented with his official address

published as:

“CONTACT INFORMATION: Attorney General’s Office

1031 W 4th Ave Ste 200

Anchorage, AK 99501

Office: 907-269-5190

(Office of the Attorney General of Alaska)

And who in fact is actively engaged in work for the Attorney General of Alaska, also amply

documented, as for example:

http://labor.state.ak.us/WCcomm/memos-finals/D_142.pdf among others

4. Daniel N. Cadra was not appointed to the non-existing Supreme Court for a term of 10

years, in fact Mr. Ingram aka illegal chief justice of the High Court arranged for his

friend Cadra to usurp chief justice ship in the non-existing Supreme Court in 2003 based

on his illegal compensation contract with the Public Service Commission, and which

illegal contract was extended by the present President in violation of the Constitution for

another 10 years, whole incompatible with the Constitution that provides that a judge

who is not a citizen of the Marshall Islands may hold office for one or more years, which

cannot be made into 20 illegal years!

5. There are no associate justices of the non-existing Supreme Court, there are illegal US

rouge judges who moonlight in the RMI by posturing as Pro Tem judges in violation of

the RMI Constitution, Article 6 Section 1(4)....judges of another jurisdiction can

participate in ONE session of the court only, and in violation of Article VI, Section 1 (10)

that only permits the appointment of a person as pro tem judge if the existing judge is

disabled for a certain period of time, not instead of!

With such deceit, published in the internet, the Marshallese people are knowingly and

intentionally deceived. Obviously, this deceit was published by Mr. Ingram, aka illegal

chief justice of the High Court for whom the three false judges are necessary, since they as

last instance cover such of his and the false associate justice Plasman’s judgments/orders that

were obtained by illegal means. Ample proofs of such acts are found in the public

documents.

Page 10: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

The false and unconstitutional Pro Tem Judges at present and since 2001:

By US Federal District Judge Michael Seabright, since 2008 who is

an incumbent judge of the United States District Court for the District of Hawaii since 2005

And

By US Magistrate Judge Barry Kurren, since 2001, who is an

incumbent jude of the United States District Court for the District of Hawaii

These three US active agents make the Marshallese believe that they are their Supreme Court

judges, and further make the Marshallese believe that it is entirely in order that they sit in USA

and en passant deal with sovereign Marshallese matters in their respective offices in USA.

No matter, that the 27 MIRC Ch. 2, § 268 (5) was included by the helping hand of US citizens

who allegedly told certain Senators of the Nitijela to include such nonsense beneficial to illegal

US judges:

(5) The prohibition against the private practice of law contained in Subsection (2) of this

Section does not apply to:

(a) the teaching of law or legal research:

or;

(b) the private practice of law (otherwise than in matters related to the Republic) by

a judge of the Supreme Court who, as part of his conditions of employment, is principally

resident outside the Republic, or by a temporary or ad hoc judge.

Page 11: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

(Emphasis added)

Firstly, judges of a Supreme Court cannot be residents outside the Republic, there is no

constitutional provision for such exemption. Secondly, judges cannot make “conditions”

regarding their Letter of Instrument that are incompatible with the Constitution. Thirdly, judges

who are sitting in another jurisdiction, are only permitted to participate as pro tem judges in case

one of the properly appointed associate justices is disabled and then in one session only, and not

as is the case with Seabright since 2008 and Kurren since 2001 INSTEAD of real appointed

Associate Justices. The Constitution is clear about that:

Article VI, Section 1:

(4) Unless otherwise provided in the Constitution, every judge of the Supreme Court or of the

High Court shall be a person with qualifications prescribed by or pursuant to Act; shall be

appointed by the Cabinet acting on the recommendation of the Judicial Service Commission and

with the approval, signified by resolution, of the Nitijela; may, pending such approval, discharge

the duties of his office until the expiration of 21 days after the commencement of the next

ensuing session of the Nitijela; and shall hold office during good behavior until reaching the age

of 72 years unless, in the case of a judge who is not a citizen of the Republic, the judge has been

appointed for a term of one or more years, or in the case of a sitting judge in another

jurisdiction, for a particular session of court.

(Emphasis added)

In law, which however has no presence in the Marshall Islands, the 27 MIRC paragraph

Is wholly incompatible with the constitutional provisions for the Supreme Court and violate

Article VI, Section 2 (1) and therefore these paragraphs do not have force of law in accordance

with the Supremacy Clause of the Constitution:

Section 1. This Constitution to be Supreme Law.

(1) This Constitution shall be the supreme law of the Republic of the Marshall Islands; and all judges

and other public officers shall be bound thereby.

(2) No legislative or executive instrument and no decision of any court or other government agency

made on or after the effective date of this Constitution shall have the force of law in the Republic

unless it has been made pursuant to this Constitution

Section 2. Inconsistency with this Constitution.

(1) Any existing law and any law made on or after the effective date of this Constitution,

which is inconsistent with this Constitution, shall, to the extent of the inconsistency, be

void.

(2) Any other action taken by any person or body on or after the effective date of this

Constitution, which is inconsistent with this Constitution, shall, to the extent of the

inconsistency, be unlawful

(Emphasis added)

Page 12: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

Another grave fact that shows an obvious meddling of USA with the Judiciary of the Marshall

Islands lies in the following:

Public documents since 1982 evidence, that at all times not only were the chief justices of the

non-existing Supreme Court nonresidents, but that the two further judges who slowly appeared in

the documentations from 1983 onwards as pro tem judges could not be pro tem judges at all

because in violation of the Constitution, Article VI, Section 1 (10):

(10) Whenever the office of any judge of the Supreme Court or of the High Court, having

previously been filled, is temporarily vacant, or any such judge is disabled from performing

the duties of his office, the Cabinet, acting on the recommendation of the Judicial Service

Commission, may appoint as an acting judge to discharge the duties of that office for the

duration of such vacancy or disability, a person qualified within the meaning of paragraph (5)

of this Section.

Article VI, Section 2 (1) prescribes 3 permanent judges for a Supreme Court. Section 10

provides that if any of these three judges is disabled and the position is temporarily vacant, the

Cabinet can –without the approval of Nitijela – appoint for the time the actual judge is disabled,

another person to act in his stead. However, what the documents evidence is, that the Cabinet

never actually appointed two associate justices of a Supreme Court and instead gave ignorantly

permission to fill these places with two pro tem judges who are judges in another jurisdiction,

despite the fact that the Constitution does not permit such. A pro tem judge can only be

appointed to act INSTEAD of an actual judge who is temporarily disabled. And judges of

another jurisdiction are permitted only to sit on one court session and not permanently.

There is so much wrong and illegal with the appointment of judges in the Marshall Islands that it

boggles the mind. One hardly knows where to start with pointing out all the constitutional

violations.

There is public evidence from 1980 onwards of the meddling of US active agents posturing as

“judges” of the non-existing Marshallese Supreme Court:

Honorable Alfred Laureta, United States District Judge, District of the Northern Mariana

Islands, designated as Temporary Associate Justice by the United States Secretary of the

Interior, Honorable Samuel P. King, Senior United States District Judge for the District of Hawaii, Honorable Bert T. Kobayashi, Associate Justice Emeritus of the Supreme Court of

Hawaii, Honorable Allison A. M. Walsh, Deputy Judge of the Federal Court of Canada Honorable Marty W.K. Taylor, Chief Justice of the Supreme Court of the

Commonwealth of the Northern Mariana Islands Honorable Alfred T. Goodwin, Senior Judge, United States Court of Appeals for the

Ninth Circuit, Honorable J. Clifford Wallace, Senior Judge, United States Court of Appeals for the

Ninth Circuit,

Page 13: USA's continuous control over the Marshall Islands - who controls the judiciary controls the country

Honorable Gregory J. Danz, Member of the Nuclear Claims Tribunal Honorable James Plasman, Member of the Nuclear Claims Tribunal Honorable Michael Seabright, United States District Judge for the District of Hawaii Honorable Barry Kurren, Magistrate Judge in the District of Hawaii

Non judges:

Honorable Jerry W. Housel, member of the bar and Court Commissioner in the State of

Wyoming Ronald D. Libkuman, Esq. of the Hawaii State Bar

The positions in the United States of the pro tem judges Lanham, Soll, Tennekone, Kondo,

Gunatilaka, Hefner, Bird and Rudledge are unknown.

According to their illegal occupations as “pro tem” judges in violation of Article VI, Section 1

(4) and Section 1 (10) we must either accept that these worthies and each of them were and are

completely and entirely illiterate not only in law but of the English language since the

Constitution points out in clear English what the law of the Marshall Islands is, or these worthies

acted and continue to act with the approval of the US government.

Conclusion: If it cannot be accepted that the US worthies who are judges are illiterate hobos

who are unable to read and understand clear English, it must be accepted that they acted and

continue to act with the full knowledge of the US government, which through these usurpers has

the entire control over the judiciary in the Marshall Islands. Another fact leads to this

presumption, namely the glaringly obvious illegal compensation contracts and misappropriation

of RMI government funds that are overlooked by the control panel of the Compact of Free

Association as well as by the US Department of Insular Affairs. Because of their combined blind

spot regarding that monies out of the Compact are used for the benefit of the Marshallese people,

they are more and more alienated from the rest of the world because of their lack of education

and English. Moreover, their financial means to become judges or lawyers with the funds

provided explicitly therefore, are misappropriated with the approval and knowledge of the US

authorities, which leaves the Marshallese without their own judges and lawyers, which in turn

makes them dependent on US rouges who remain in full control of the Marshall Islands

judiciary. It is a fact that those who control the judiciary, control the country. It is a fact that US

agents deceive the Marshallese people and hold them in involuntary servitude to work for them

by the issuance of illegal legal process, so forcing the Marshallese to accept the continuous US

government’s pattern of human rights violations that deprive the Marshallese people of

“competent national tribunals” as provided for under the DECLARATION OF HUMAN

RIGHTS, Article 8 and which must be obeyed , since the Marshall Islands is a member of the

UN.