“Kidnapping” under the laws of Hawaii, has seven definitions, all of which require “intentional or knowing restraint of a person.”
Each of the seven requires a different intentional purpose for restraining the person.
The most familiar purpose is stated in the first definition: “with intent to hold that person for ransom or reward.” Another one is less known: “with intent to interfere with the performance of any governmental or political function.” See Hawaii Revised Statute § 707-720.
So, maybe an indictment could read as follows:
COUNT I: “During the months of April, May and June, 2018, in the United States of America, President Donald J. Trump, by way of order and mandate, through his agents and agencies, did cause the intentional restraint of 2,000 child-hostages, and did so for ransom or reward, to wit: To leverage Democrats in Congress to vote a certain way on a separate immigration policy: The wall; and/or did so with the intent to interfere with the performance of any governmental or political function, to wit: The United States Congress and all of its congressional representatives by forcing it and them to take an avenue of conduct they would otherwise be unlikely to take …. Thereby committing the offense of kidnapping first degree.”
Without mitigation the offense carries a 20-year prison term in Hawaii, times 2,000. But of course, the feds will have to be the ones who take this up.
Frank Miller is a Captain Cook attorney.