Cory M. Harden

Document ID: USCG-2007-29354-0018
Document Type: Public Submission
Agency: Coast Guard
Received Date: October 23 2007, at 05:25 PM Eastern Daylight Time
Date Posted: October 26 2007, at 12:00 AM Eastern Standard Time
Comment Start Date: October 3 2007, at 12:00 AM Eastern Standard Time
Comment Due Date: October 24 2007, at 11:59 PM Eastern Standard Time
Tracking Number: 8035566c
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I request a public hearing on the proposed security zone at Nawiliwili Harbor,Kauai, Hawai'i, 33 CFR Part 165, Docket No. USCG?2007?29354, RIN 1625?AA87, to discuss: whether the intention to create a security zone to permit Superferry to enter Nawiliwili Harbor represents participation in a conspiracy to violate the law. The Supreme Court ruling in The Sierra Club v. The Department of Transportation is a final judgment imposing the requirements of Section 343-5 of the Hawai'i Revised Statutes. Those requirements are that an environmental assessment must be prepared and that the completion and acceptance of that assessment is required before any further operations of Superferry take place. The security zone is meant to make it possible for Superferry to continue operating in spite of the Supreme Court ruling, i.e. in violation of the law.While the Supreme Court ruling came in a case out of Maui, the ruling itself is applicable statewide, i.e. the Superferry is barred from going to Kaua'i as well. The refusal to acknowledge the statewide application of the ruling is either denial or deliberate misinterpretation of the law. Either way, helping Superferry violate the law is itself a violation of law. whether the Coast Guard is really prepared to use force against people who clearly believe that they are enforcing the law, while the Governor and the Unified Command are engaged in a criminal conspiracy to violate the law. whether personal liability may fall on members of the Coast Guard who participate in a such a conspiracy, such as charges of false arrest, battery, assault, kidnapping, and other civil torts and criminal charges whether the security zone represents a violation of the First Amendment rights of the people seeking to prevent the Superferry from breaking the law the likelihood that many people will enter the waters of Nawiliwili Harbor to block the Superferry, if it returns

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