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
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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 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
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)
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
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
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)
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,
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