The Apology Resolution is not "tantamount to a recognition that the [Hawaiian] Kingdom continues to exist." State v. Lorenzo , 77 Haw. 219, 221, 883 P.2d 641, 643 (1994) ; cf.Hawaii v. Off. of Hawaiian Affs. , 556 U.S. 163, 172, 129 S.Ct. 1436, 173 L.Ed.2d 333 (2009) (rejecting claim for injunctive relief based on the Apology Resolution). Denis cannot assert claims based the Hawaiian Kingdom's laws in federal court.

[132 Hawai'i 42] State argued, inter alia, that the court had jurisdiction, Petitioners admitted the violation, the relevant administrative rules and statutes were constitutional, and that the court was not the proper forum to recognize the Reinstated Kingdom of Hawai‘i as a sovereign nation. Petitioners filed a reply on July 26, 2007, asserting what they termed the "Lorenzo defense" based on the ICA's decision in State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App.1994), that future courts would consider evidence and arguments in support of recognition of the inherent sovereignty of native Hawaiians. Petitioners also maintained that they are citizens of a nation rather than a group and that "[t]he fact that there are other ‘groups' out there, or that the State is trying to create its own domestic dependent nation (as opposed to a true—sovereign nation—the type of nation for which Kahoolawe is held in trust) is not relevant to [the Lorenzo] defense."

The question of whether the Hawai`i courts have jurisdiction to consider matters brought before them is a question of law. State v. Lorenzo, 77 Haw. 219, 220, 883 P.2d 641, 642 (App. 1994) (citing United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir.), cert. denied, 510 U.S. 881, 114 S.Ct. 225, 126 L.Ed.2d 180, reh'g denied, 510 U.S. 1006, 114 S.Ct. 589, 126 L.Ed.2d 487 (1993). Questions of law are reviewable de novo applying the right/wrong standard.

Although Macomber claims protection from criminal prosecution by the State of Hawaii under the Hawaiian Homes Commission Act of 1920 and the Admissions Act of 1959, nothing in those Acts protect "equal racial civil rights" or render Macomber immune from prosecution. State v. Lorenzo, 77 Hawai'i 219, 883 P.2d 641, 643-44 (Haw.1994); United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir.1993). Even if those Acts granted Macomber certain benefits based upon his race, such benefits are not federal in nature and cannot support removal under § 1443.

His invocation of the Hawaiian Kingdom or international law, or his understanding of criminal law, does not affect the legitimacy of the United States or this district court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State."). This Court, and others, have repeatedly rejected Mo'i Kapu's arguments to this effect.

His invocation of the Hawaiian Kingdom or international law, or his understanding of criminal law, does not affect the legitimacy of the United States or this district court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State.").

His invocation of the Hawaiian Kingdom or international law, or his understanding of criminal law, does not affect the legitimacy of the United States or this district court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State."). This district court has previously rejected his arguments to this effect.

Moreover, his invocation of the Hawaiian Kingdom, international law, or the 1993 Apology Resolution, Pub. L. No. 1031150, 107 Stat. 1510 (1993), does not affect the legitimacy of the United States or this District Court. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State.").

Nor does Vicente's invocation of alleged treaty violations provide a basis for this Court's subject matter jurisdiction on the basis that Vicente is a member of the Hawaiian Kingdom or that his alleged injuries resulted from the breach of a treaty between the United States and the Hawaiian Kingdom. See United States v. Lorenzo, 995 F.2d 1448, 1456 (9th Cir. 1993); State v. Lorenzo, 77 Haw. 219, 221, 883 P.2d 641, 643 (Ct. App. 1994); Kupihea v. United States, 2009 WL 2025316, at *2 (D. Haw. July 10, 2009); Waialeale v. Offices of U.S. Magistrate(s), 2011 WL 2534348, at *2 (D. Haw. June 24, 2011) ("The Ninth Circuit, this court, and Hawaii state courts have all held that the laws of the United States and the State of Hawaii apply to all individuals in this State."). Accordingly, the Court is without the authority to adjudicate these claims, and the Complaint is DISMISSED.

Since the Intermediate Court of Appeals for the State of Hawaii's decision in Hawaii v. Lorenzo, the courts in Hawaii have consistently adhered to the Lorenzo court's statements that the Kingdom of Hawaii is not recognized as a sovereign state by either the United States or the State of Hawaii. See Lorenzo, 883 P.2d 641, 643 (Haw.App. 1994); see also State of Hawaii v. French, 883 P.2d 644, 649 (Haw.App. 1994) (stating that "presently there is no factual (or legal) basis for concluding that the [Hawaiian] Kingdom exists as a state in accordance with recognizing attributes of a state's sovereign nature") (quoting Lorenzo, 883 P.2d at 643). This court sees no reason why it should not adhere to the Lorenzo principle.