When evidence exists
to prove a state attorney general purposefully misinformed a federal judge whether IN
COURT or through paperwork as to what evidence exists to support a stand against the President of
the United States what is this called? Is it perjury?
Hawaii AG Doug Chin
was not under oath, but there is an expectation of professionalism and
truthfulness when presenting before a judge whether through passing of papers OR standing and presenting a case! So why did he misinform Judge Derrick Watson about the statistics related to the
University of Hawai’i.
AG Chin claimed that
if Trump’s order restricting travel of those from 6 countries were to be enforced, the University of Hawai’i would suffer financially.
… that any prospective recruits who are
without visas as of March 16, 2017 will not be able to travel to Hawaii to
attend the University. As a result, the University will not be able to collect
the tuition that those students would have paid. (
Judge Watson’s TRO cited AG Douglass Chin's additional claim that if the ban goes into effect it will
likely cause the closing of the Persian Literature, Language and Culture Program.
So what are the actual
statistics? I filed a FOIA request with the University of Hawai’i to find out.
According to the
University of Hawai’i the entire University system has 13,352 students. Of
those 13,352 students only .43% of the student body as a whole were Iranian. One student came from Libya. One from Somalia and one from Yemen. In all 61 students at
the University of Hawai’i would be effected through President Trump’s Executive
Order. IF THEY WERE NOT ALREADY HERE!
Banned Countries by Trump EO
|
Total # of Students in UH System
|
Percentage of Student Body
|
Iran
|
58
|
0.43%
|
Libya
|
1
|
0.01
|
Somalia
|
1
|
0.01
|
Sudan
|
0
|
0.00
|
Syria
|
0
|
0
|
Yemen
|
1
|
.01
|
TOTAL
|
61
|
.46
|
Attorney General
Douglass Chin made a claim that a drop in these students ability to attend
classes would likely close the Persian Language, Linguistics and Culture Program
courses. Only 52 students in total are
enrolled in these courses taught by two professors. If AG Chin had a chance to
find a negative effect against the University of Hawaii this was it. In all 4
students would be effected. Those four are from Iran, bringing the percentage of
students effected of those that attend to 8%.
This brings us to
asking simple and important questions. How could Hawaii State Attorney General
not have access to this information? It took me one week to obtain it and I
live in New York. This brings us back to, is it allowable for an attorney to
purposefully withhold information for the purpose of misinforming a judge.
Attorneys Joel Cohen
and Danielle Alfonso Walsman wrote about just this type of thing in the New York Law
Journal on June 1, 2009 in an article entitled Asking for Trouble: When Lawyers Lie
to Judges.
One of the first and
most obvious things we learn as lawyers, and, indeed, the disciplinary rules
make clear, is that lawyers must follow the same instructions given to clients
in preparation for testimony: You cannot ever lie in court! And if a false
representation is made to the court, even unintentionally, a lawyer who later
realizes his error is affirmatively required to take reasonable measures to
remedy the statement.
I do not know if
Attorney General Douglass Chin considers his filing for a TRO against President
Trump’s executive order a place he should be allowed to create misinformation to prove his point, but in either case these statistics prove that
the TRO is at least partially established on false and misleading information. If the Judge had not
bothered to pre-write his decision, he could have easily verified the
information I am sharing and in so doing exposed AG Chin as not being wholly truthful in court.
The sad truth then is
that this is likely evidence of collusion between the Hawaii AG and the Judge Derrick Watson. If Judge Derrick Watson had not come to the bench with a pre-judgment, he likely would have checked the statistical claims of the AG.
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