This past Thursday, September 19, 2024, State of Hawai‘i Senator Cross Makani Crabbe sent a formal letter, by certified mail, to Attorney General Anne Lopez requesting a legal opinion from her that addresses whether the State of Hawai‘i is lawful. Senator Crabbe represents District 22 that includes Ko ‘Olina, Nānākuli, Wai‘anae, Mākaha, and Mākua on the west side of the island of O‘ahu. Carbon copied in the letter is Governor Josh Green, Senate President Ronald D. Kouchi, and Speaker of the House of Representatives Scott K. Saiki.

UPDATE: Senator Crabbe’s letter was delivered today with the Attorney General’s Office, according to USPS tracking no. 9589071052702326426110 on its website, at 9:15 am.

Section 28-3 of the Hawai‘i Revised Statutes authorizes any member of the State of Hawai‘i Legislature to request a legal opinion from the Attorney General and that the Attorney General shall provide a legal opinion. The legal definition of shall “is an imperative command, usually indicating that certain actions are mandatory, and not permissive. This contrasts with the word ‘may,’ which is generally used to indicate a permissive provision, ordinarily implying some degree of discretion.” Here is a link to Senator Crabbe’s letter.

I am in possession of a letter from the Royal Commission of Inquiry (RCI), dated February 7, 2024, that was sent to my predecessor, Senator Maile Shimabukuro, as well as all the Senators and Representatives of the State of Hawai‘i and the Council Members of the four Counties (https://hawaiiankingdom.org/pdf/RCI_Ltr_to_SOH_Legislature_(2.7.24).pdf). I am also in possession of another letter by the RCI, dated September 5, 2024, to Governor Josh Green and the members of his cabinet (https://hawaiiankingdom.org/pdf/RCI_Ltr_to_Gov.Green_Cabinet_(9.5.24).pdf).

In both letters, the RCI is asserting that the laws enacted by the State of Hawai‘i Legislature and ordinances enacted by the County Councils constitutes the war crime of usurpation of sovereignty during military occupation. The RCI then refers to a renowned expert on international criminal law, war crimes and human rights, Professor William Schabas from Middlesex University London, Department of Law, that wrote a legal opinion on war crimes being committed in Hawai‘i today (https://hawaiiankingdom.org/pdf/3HawJLPol334_(Schabas).pdf). 

In his letters, Dr. David Keanu Sai, as Head of the RCI, states that the State of Hawai‘i itself is a product of the war crime of usurpation of sovereignty because of the Hawai‘i Statehood Act of 1959 enacted by the Congress. In Dr. Sai’s letter to Governor Green, he attached two legal opinions on the continued existence of the Hawaiian Kingdom as a State under international law by Professor Matthew Craven from the University of London SOAS, Department of Law, and Professor Federico Lenzerini from the University of Siena, Italy, Department of Political and International Sciences. Both are professors of international law.

In his legal opinion, Professor Craven states, under international law, there is a presumption that the Hawaiian Kingdom continues to exist, unless there can be referenced, “a valid demonstration of legal title, or sovereignty, on the part of the United States, absent of which the presumption remains.” And Professor Lenzerini states, in his legal opinion, “The conclusion according to which the Hawaiian Kingdom cannot be considered as having been extinguished—as a State—as a result of the American occupation also allows to confirm, de plano, that the Hawaiian Kingdom, as an independent State, has been under uninterrupted belligerent occupation by the United States of America, from 17 January 1893 up to the moment of this writing.”

As a Senator that represents the 22nd district, I am very concerned of these allegations that the State of Hawai‘i, as a governing body, is not legal because the Hawaiian Kingdom continues to exist as an occupied State under international law. I am also not aware of any legal opinion that conclusively explains that the State of Hawai‘i is legal under international law and that war crimes are not being committed in Hawai‘i. Therefore, I am respectfully requesting of you for a legal opinion, in accordance with Hawai‘i Revised Statutes §28-3 that states, “The attorney general shall, when requested, give opinions upon questions of law submitted by the…legislature, or its members,” to answer this question of law:

Considering the two legal opinions by Professor Craven and Professor Lenzerini, that conclude the Hawaiian Kingdom continues to exist as a State under international law, which are enclosed with this request, is the State of Hawai‘i within the territory of the United States or is it within the territory of the Hawaiian Kingdom?

Given the severity of this request and that I may be implicated in war crimes for enacting legislation, your earnest attention to this matter will be greatly appreciated.