Big Island attorney calls for Lingle impeachment
Big Island attorney Lanny Sinkin submitted a proposed resolution to state representatives and senators on Thursday that states Lingle abused her authority by calling upon federal, state and local law enforcement agencies "to further an illegal enterprise."
When people jumped in Nawiliwili Harbor on Aug. 26 and Aug. 27 to prevent the Superferry from entering it, Sinkin said Thursday, they were trying to uphold the law that required an environmental assessment be conducted before the ferry can begin operations.
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The problem facing the state, however, is that years and millions of taxpayer dollars have been invested in putting the Superferry into operation and that an environmental assessment could take at least eight months to complete.
According to the proposed resolution penned by Sinkin, the U.S. Coast Guard "responded to the governor's actions by declaring a security zone in the waters and on the land surrounding Nawiliwili Harbor."
The resolution states that "anyone entering the security zone to attempt to enforce the law against the (ferry's) entrance would be subject to 10 years in prison and numerous other federal and state charges," that Lingle's "pursuit of such law enforcement actions represented an abuse of her authority to further an illegal enterprise" and that "the governor's formation of the Unified Command undermined the legitimacy of every law enforcement agency involved."
Lingle's intention to return the Superferry to Nawiliwili Harbor "threatened to create legal liability for every law enforcement officer acting in concert with the governor's illegal plan," the resolution states.
The resolution states "the obvious commitment and courage" of the Kauai residents who jumped in the water trying to enforce the law "made a confrontation between the Unified Command and the citizen law enforcers likely," which "could easily have resulted in serious injuries or even death."
Sinkin states in the resolution that the Maui judge's recent ruling "only reinforces that the governor acted without legal authority."
The proposed resolution ends by stating the Legislature "goes on record as supporting the initiation of impeachment proceedings against Governor Linda Lingle."
Sinkin said Thursday that "it has been appalling to me to have (state officials) stand by the side while Lingle implemented this illegal plan."
A spokesman from Lingle's office said he was unaware of Sinkin's proposed resolution late Thursday afternoon. Lingle was unavailable for comment.
State legislators from the Big Island interviewed Thursday said they're not interested in trying to impeach Lingle.
"(Sinkin) is crazy," Rep. Bob Herkes said.
Herkes said he received about 2,000 e-mail messages Thursday from residents who support the Superferry.
"People who are in support of the ferry are really coming out strong," he said.
Herkes added that the Coast Guard will enforce the bay regardless of what ship tries to enter it.
Rep. Cindy Evans said while she doesn't agree with the resolution, "I understand where they're coming from."
Evans categorized the threats of having to spend 10 years in prison for trying to block the Superferry from traveling into the harbor as "pretty heavy-handed" and "unfortunate."
However, she said if Lingle didn't take measures, residents could have had something else to complain about.
"If she hadn't done something and somebody went in with a bomb and blew (the Superferry) up, would people say she didn't take any security measures?" Evans said.
"I'm not interested in impeaching the governor," Rep. Josh Green said. "The big picture, we're supposed to be solving the problems. I would like to solve the problems first and leave the politics out of it."
On a related front, some residents protested the Legislature's proposal to hold a special session to discuss the Superferry situation at the Governor's Liaison office at the Hilo State Building Thursday afternoon.
Protest organizer Cory Hardin of Hilo said in an e-mail message on Thursday the special session is "a disturbing precedent" because she believes the its purpose is to change "state law to bail out a business that gambled with our tax dollars and lost."
"A launch (of the Superferry) before environmental studies is putting the cart before the horse," Hardin wrote."
Green said a special session on the subject would be a good thing, particularly because it gives legislators an opportunity to discuss the environmental concerns.
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