Legal truth, but still a lie?
This may be one of lawyers’ strategies in a legal battle. They are also (probably) trained to do so, as a part of the curriculum in their education.
In our case in court, opponent lawyer(s) may want to find faults of my complaint, but they may also try to make legal truth in their response, even if it is not true.
However, there are more than clear and convincing facts and evidence in our case; and further, they are more legally evident.
Besides, not like many other lawyers, the attorney general can not illogically lie because he is a public figure and any of his (supposedly) legal statement has a great impact on our lives.
So, this can be his dilemma.
Simply, he may not have much choice but to answer my complaint with admission, which the election office’s initial response was wrong , discriminatory, and unconstitutional.
Even if he wants to file a pre-answer motion by finding a loophole in my complaint, at the worst scenario, I don’t think my case can be dismissed, knowing there exists at least the actual dispute or a constitutional question, (unless the court is so unreasonably wrong).
Therefore, the court and the attorney general may only have the choice to disqualify Ms. Hanabusa, according to the mandate, “resign to run”.
Aloha.
Debate?
There will be a gubernatorial debate (which they invited only Gov. Ige and Ms. Hanabusa among democratic candidates, and Ms. Tupola and Mr. Caroll among Republicans) tomorrow (6/15/18) in Kona; not to mention tonight’s forum (probably run by public media volunteers?) in Waimea, Big Island, which I was only invited at the last moment, last night, (but I was not able to go since it was too late invitation). (I strongly feel that the event organizer intentionally did not invite me til last moment because I claimed I even suspect public media if they would be fair or not; although she claimed she sent email, which I did not receive. Fyi, I double checked and gave my email address to her on our conversation more than a week ago.)
And, another debate on July 2, Monday by HNN and major TV coverage. However, I suspect they may only invite Gov Ige and Ms. Hanabusa among democratic candidates, (and, Ms. Tupola and Mr. Caroll, if Republicans included in the debate).
Just my prediction and I try not to panic…lol.
Proof of Service to Ms. Hanabusa.
On this Tuesday (6/12/18), I also personally served the papers (Complaint and Summons) to Ms. Hanabusa’s US congress office in Honolulu and her office in Hanabusa For Governor.
People in the both places refused to receive the papers; so, my server left the papers in the offices, per law (as seen in Civil Procedure).
Also, I previously sent Complaint (and summons) and discovery papers to Ms. Hanabusa, all three offices; but, somehow, I did not yet receive return postcard from her Washington, DC office.
I am still waiting for the postcard. Hope, she reasonably accepts the papers.
Fyi, regardless, serving the papers to her is belived to be legally complete.
Now, she may have choices of answers to complaint and discovery or pre-answer motion. But, I don’t think she may have any choices but to just answer them.
Or, she may not respond, by just leaving everything up to Attorney General’s decision.
If so, from Court’s point of view, she may not look good. But, she may still have to respond to the discovery.
Aloha.
