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.
🔥🔥🔥