FOR IMMEDIATE RELEASE
January 21, 2026
Today, the Council of Regency, as interim government of the Hawaiian Kingdom, filed a Motion to Intervene with an accompanying Motion to Dismiss in the SFFA v. Kamehameha Schools litigation, now pending before the United States District Court for the District of Hawaiʻi.
The lawsuit, brought by Students for Fair Admissions (SFFA), seeks to dismantle the Native Hawaiian admissions policy of Kamehameha Schools—an institution created by Aliʻi Bernice Pauahi Bishop to uplift and educate Hawaiian children. SFFA claims that Kamehameha Schools’ policy violates U.S. civil rights law and is premised on the assertion that Hawaiʻi was lawfully annexed and fully absorbed into the United States more than a century ago.
SFFA’s assertion is wrong.
This case is significant considering the recent American invasion of Venezuela, the American threat to invade Colombia, Cuba and Mexico, and the American threat to annex Greenland. Despite the unlawful invasion of the Hawaiian Kingdom by U.S. troops on January 16, 1893, and the unlawful seizure of Hawaiian territory for military expansion, the Hawaiian Kingdom, as a Neutral State, continued to exist under a prolonged American occupation.
In 1997, the government was restored as a Council of Regency under Hawaiian constitutional law and the legal doctrine of necessity. In an international dispute that came before the Permanent Court of Arbitration at The Hague, Netherlands, in Larsen v. Hawaiian Kingdom, the Permanent Court recognized the continued existence of the Hawaiian Kingdom as a State under international law and the Council of Regency as its interim government. At the center of the dispute was the unlawful imposition of American laws over Hawaiian territory. For more information see “Hawai‘i’s Sovereignty and Survival in the Age of Empire” published in December of 2024 by Oxford University Press in London, and the Hawaiian Kingdom’s Situation filed as a Non-Member State of the United Nations with the President of the General Assembly on October 16, 2025.
The Council of Regency’s intervention is necessary because this case is built on fundamental historical and legal inaccuracies that neither party before the Court can correct. At stake is not only the future of Kamehameha Schools, but the integrity of Hawaiian Kingdom law, the rights of the Hawaiian people, and the protection of future generations who were the express beneficiaries of Pauahi’s trust.
Kamehameha Schools was created under the laws of the Hawaiian Kingdom in the nineteenth century, at a time when Hawaiʻi was an internationally recognized sovereign State with treaties, diplomats, and a functioning constitutional government. Pauahi’s will was accepted by the Hawaiian Kingdom Supreme Court in 1885—years before the illegal overthrow of Queen Liliʻuokalani in 1893. Those laws did not disappear with the arrival of U.S. troops. Under international law, the overthrow of a government does not extinguish the State itself.
Since 1893, Hawaiʻi has remained under a prolonged and unlawful occupation. International humanitarian law is clear: occupation does not transfer sovereignty, and the laws of the occupied State remain in force unless absolutely prevented. U.S. domestic statutes cannot simply be presumed to override the civil, trust, and national welfare laws of the Hawaiian Kingdom. Yet SFFA’s case depends entirely on that presumption.
This is why the Motion to Intervene is so critical.
The Motion to Intervene addresses the international law of occupation—an issue completely absent from SFFA’s pleadings and beyond the capacity of a private trust to litigate. If the Court applies U.S. law without recognizing applicable law under international norms, it risks violating international law by usurping Hawaiian State sovereignty by applying American law regarding civil rights and not Hawaiian Kingdom civil rights law that has its own version of Hawaiian affirmative action as stated by the Hawaiian Kingdom Supreme Court in Rex v. Booth, 2 Haw. 616 (1863).
The intervention seeks to correct historical inaccuracies advanced by SFFA, including the claim that Hawaiʻi was lawfully annexed and therefore fully subject to U.S. civil rights statutes. Annexation by joint resolution was unconstitutional and unlawful under international law. In a 1988 legal opinion, the Office of Legal Counsel of the U.S. Department of Justice examined the purported annexation of Hawai‘i by a joint resolution and concluded it is “unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution.” The opinion also stated, “Only by means of treaties…can the relations between States be governed, for a legislative act is necessarily without extraterritorial force—confined in its operation to the territory of the State by whose legislature it is enacted.” No treaty of cession was ever ratified. The Hawaiian Kingdom never surrendered its sovereignty, and the Hawaiian people never consented to it.
Addressed in the accompanying Motion to Dismiss is the Hawaiian Kingdom’s jurisprudence that expressly recognized special legislation and remedial measures favoring aboriginal Hawaiians as lawful and necessary for national welfare. Kamehameha Schools’ admissions policy is consistent with that legal tradition and with Pauahi’s intent—not racial discrimination as defined by a U.S. constitutional framework that did not exist in Hawaiʻi at the time.
Neither SFFA nor Kamehameha Schools can represent these broader interests. SFFA seeks to erase Hawaiian history to advance its claims. Kamehameha Schools, as a defendant fighting for its survival, cannot speak as a government charged with protecting a people, their laws, and their future. Only the Council of Regency, as the interim government of the Hawaiian Kingdom, can do that.
This intervention is not about asking the Court to decide sovereignty because international law already settled that. It is about insisting on a fair and lawful process. Courts have a duty to avoid interpretations that place the United States in continuing violation of international law. They also have a duty to ensure that cases are decided under the correct governing law.
If this case proceeds without addressing occupation law, Hawaiian Kingdom law, and the true historical record, the harm will extend far beyond one school. It will strike at the survival of institutions created to remedy the harms of usurpation of Hawaiian State sovereignty and dispossession—and at the rights of Hawaiian children yet to be born.
“The future is shaped by the past,” a Hawaiian proverb teaches. The Motion to Intervene is about making sure the Court sees the past clearly, applies the law correctly, and does not allow historical falsehoods to dictate the future of the Hawaiian people.
The Council of Regency is represented by Hawaiian attorney Edward Halealoha Ayau of the Law Office of Edward Halealoha Ayau, international human rights attorney Natali Segovia of the Water Protector Legal Collective, and the International Association of Democratic Lawyers.
DOWNLOAD FILED HAWAIIAN KINGDOM PLEADINGS:
Non-Party Intervenor Hawaiian Kingdom’s Motion to Intervene
Memorandum of Law in Support of Hawaiian Kingdom’s Motion to Intervene
Exhibit “A” – Non-Party Intervenor Hawaiian Kingdom’s Proposed Rule 12(b)(6) Motion to Dismiss
Exhibit “C” – The Royal Commission of Inquiry by Dr. David Keanu Sai
Exhibit “G” – Hawaiian Kingdom Council of Regency’s Proclamation of Provisional Laws of the Realm
Proposed Order Granting Non-Party Intervenor Hawaiian Kingdom’s Motion to Intervene
MEDIA CONTACT:
Dr. David “Keanu” Sai, Ph.D.
Chairman of the Council of Regency
Acting Minister of the Interior
Acting Minister of Foreign Affairs ad interim
Email: interior@hawaiiankingdom.org
Excellent as always, Dr. Sai.
Mahalo for that big beautiful brain of yours (& whomever else’s) that are always battle-ready w/ words of TRUTH.
Japan’s Gov was just booted w/ a re-vote in early FEB. With such changes internationally, maybe that’s a good sign for Hawaii’s HK impending freedom & recognition.
🔥🔥🔥
💯💯💯
Imua Hawaiian Kingdom!✊🏼
If they’re allowed to intervene, it would be of great importance for them to also service the current and future generations with more information regarding the oversight of how the Will is being followed. (I.E. deposition of Trustees)
Specifically, many would like to know how the trustees “devote a portion of each years income to the support and education of orphans, and others in indigent circumstances”. This is especially important since the school has adopted a testing policy, with the emphasis on academic ranking rather than on need (Orphan/Indigent).
In fact, if the Hawaiian Kingdom is claiming to have a right to intervene, which is beautiful and makes sense, then it also makes sense that they should be intervening in some of the basic issues that our community has had with the school’s policies and practices, including transparency. IMHO.
US Law has no jurisdiction in the Kingdom.What about International law,what about a valid treaty of annexation,what about a will before 1893,why is a US court presiding instead of a international court of law,sorry for rambling on,I’m out,aloha
Shucks. Typed a lengthy comment (w/o links) that didn’t post, oddly.
In short, since the United Nations is essentially dead, getting replaced by the BOARD OF PEACE, maybe the HK acting Council of Regency should reach out to them for help and/or join!
The BOP is backing the de-occupation of Palestine that has been occupied by Israel since 1967. HK’s is 133 years!
HK might even get some NEW TREATIES SIGNED with BOP members!?
🌴
While I’m no expert, this explanation I found MAKES SENSE:
The new logo is a Western Hemisphere, as new center of the world & a change in language from US to Western Hemisphere…
Recall NON-“European” countries are signing on, why?
Founding members include a mix of Middle Eastern, Asian, European, Latin American, and Caucasus nations. Confirmed participants are:
Middle East & North Africa: Israel, Saudi Arabia, United Arab Emirates, Qatar, Bahrain, Jordan, Egypt, Morocco, Kuwait
Asia: Pakistan, Indonesia, Vietnam, Kazakhstan, Uzbekistan, Mongolia, Cambodia
Europe: Albania, Hungary, Belarus, Bulgaria, Kosovo
Americas: Argentina, Paraguay, El Salvador
Caucasus: Armenia, Azerbaijan
Others: United States
WHAT IT MEANS?
The GOLDEN DOME will protect the entire Western Hemisphere. That is the ‘National Security issue’ Trump repeatedly talks about. He needs to make sure that the countries within the Golden Dome are stable and form NO THREAT TO EACH OTHER or the US.
The US has to step in for it’s own security issues, otherwise Europe will fall in the hands of communism, as it already has to liberalism. Europe has fallen victim to the cabals plans for destruction of the White Race. It has lost. Only a few countries remain standing, even though they have to survive under extreme pressure from ‘Brussels’.
Europe needs the US. The European Union hates the US.
The European leaders are the WEF puppets from the Cabal.
A lot will have to change in Europe and it all depends on the European people to wake up. This war is far from over…
Summary from a variety of sources, including Fall Cabal.
BOP is an attempt to circumvent the United Nations and its charter. No country is obligated to adhere to the BOP and its rules. They can’t comply with the U.N. Charter or international law so they are creating their own private club, but its rules are only relevant within the circle of club members and does not give them immunity for violating international law or the right to enforce their rules on non-club member states. Its a joke, just look at the few states that joined the club and you can see how much of a joke it is.
Keep Hawaiian Land’s in Hawaiian Hands! Stop allowing gentrification that negatively impacts ALL Hawaiians! Period!
Regain our country
Sounds exciting! I’m thinking that the political question doctrine will be put into play. Hopefully not. Keep us posted!
Most definitely it will, it’s standard operating procedures. Usually, it would be the Plaintiff’s motion to deny. But, this is a false crack, oops upside their head for them. They probably never encountered such a motion, let alone from a Hawaiian Kingdom Government. Let’s see if the Judge will show his hand and try to help them by answering it for them. If he does, he took the bait and boxed himself in. Not to bright, just par for the course.
Mahalo nui Dr. Sai and Hawaiian Kingdom for intervening. After rereading this on Big Island news, I fully innerstand the intent on behalf of the Hawaiian Kingdom.
Not to mention that there’s a “de facto” aka “void of fact” US corporation portraying itself as a legitimate government entity that we are ALL a part of as 14th amendment US citizens in the public upon birth subjected to statutes, codes, regulations.
I am in the process of “correcting” mine and my 4 minor keiki status’.
I’m immensely eager to make great changes and I hope others will wake the hell up and do the same
Sista, IMHO I wouldn’t do that. Under the laws of occupation and humanitarian law they remain Hawaiian Subjects. If American Laws couldn’t extinguish the HK as confirmed by the World Court, then likewise it couldn’t extinguish the nationality of its nationals. Learn to play the game. Take the resources of the enemy and use it against them to fight the occupation. Fight smarter not harder. Be a survivor of the occupation and not one casualty. MHO
Kamehameha schools made in,still remains,HAWAIIAN KINGDOM ENTITY,so where’s our correct Kingdom flag,don’t fly fake colors!
Did you folks read our faux governor Green’s “fourth annual State of the State Address” his promise “to ensure every family in Hawaii can afford to live, work and thrive in the islands they call home”? The hope & prosperity reads more of someone that REALLY CARES about islanders (like HK leaders), not the vax-pushing josh green-new-deal! So it seems that *if* we are now under covert mil occupation (MG Logan the mil gov) those actions to reclaim Hawaii’s sovereignty seems to be shining thru.
As for Green… recall he’s is the HI implant that badmouthed locals’ intelligence (during 2022 Swarthmore’s commencement), said on national TV locals were antisemitic (due to handwriting on a poster), continued to push vax (& awarded TWICE AMA’s Hawaii’s physician of the year), gave HIDOH Fuddy’s eulogy (after her faked death), got a book deal for a 2010 children’s book, “The Idea Man…” that’s NOT in schools, during CV (the “deadliest pandemic ever” wore medical scrubs to events & while locals were locked down in their homes, he was videotaped celebrating maskless at private events at restaurants– and more!
Green delivered his “FINAL State of the State Address of his first term”… Seems 2027– will hold much promise!
https://governor.hawaii.gov/featured/office-of-the-governor-news-release-governor-green-delivers-2026-state-of-the-state-address/