Today, August 5, 2024, Dr. Keanu Sai, as Head of the Royal Commission of Inquiry, sent a letter to Brigadier General Stephen Logan regarding the publishing of War Criminal Report no. 24-0001 on Major General Kenneth Hara’s war crime by omission. The RCI also informed him that he has until 12 noon on August 12, 2024, to perform his military duty of establishing a military government of Hawai‘i. Here is a link to the letter.

Today, August 5, 2024, the Royal Commission of Inquiry (“RCI”) published its War Criminal Report no. 24-0001 finding Major General Hara guilty of the war crime by omission. Since acknowledging the Hawaiian Kingdom’s continued existence as a State on July 27, 2023, MG Hara willfully disobeyed an Army regulation and was willfully derelict in his duty to establish a military government. Therefore, his conduct, by omission, constitutes a war crime. MG Hara, in his official capacity as the senior member of the State of Hawai‘i Department of Defense, has met the requisite elements for the war crime by omission, by willfully disobeying an Army regulation and by willful dereliction in his duty to establish a military government, and is, therefore, guilty of the war crime by omission. These offenses do not have the requisite element of mens rea.

The term “guilty,” as used in the RCI war criminal reports, is defined as “[h]aving committed a crime or other breach of conduct; justly chargeable offense; responsible for a crime or tort or other offense or fault.” It is distinguished from a criminal prosecution where “guilty” is used by “an accused in pleading or otherwise answering to an indictment when he confesses to have committed the crime of which he is charged, and by the jury in convicting a person on trial for a particular crime.” According U.S. military law, MG Hara is accountable by court-martial or nonjudicial punishment under Article 15, UCMJ. Under international criminal law, MG Hara is subject to prosecution, by a competent court or tribunal, for the war crime by omission.

Consequently, as the Deputy Adjutant General and Commander of the Army National Guard, you are now the theater commander. You should assume the chain of command, as the theater commander of the occupied State of Hawaiian Kingdom, and perform your duty of establishing a military government by 12 noon on August 12, 2024. If you are derelict in the performance of your duty to establish a military government, then you would be the subject of an RCI war criminal report for the war crime by omission. From the date of the publication of your war criminal report on the RCI’s website, Colonel Wesley K. Kawakami, Commander of the 29th Infantry Brigade, who is next in the chain of command below you, shall assume command of the Army National Guard. Colonel Kawakami will have one week to transform the State of Hawai‘i into a military government.

The chain of command, or what is called the order of battle, for the 29th Infantry Brigade units in the Hawaiian Islands, is first, the 1st Squadron, 299th Cavalry Regiment, second, the 1st Battalion, 487th Field Artillery Regiment, third, the 29th Brigade Support Battalion, and fourth, the 227th Brigade Engineer Battalion. The 29th Infantry Brigade has units stationed in Alaska and Guam but, since they are outside the Hawaiian territory, they do not have the military duty, as an occupant, to establish a military government in the Hawaiian Islands.

If Colonel Wesley K. Kawakami is derelict in the performance of his duties to establish a military government, then he would be the subject of an RCI war criminal report for the war crime by omission. From the date of the publication of Colonel Kawakami’s war criminal report on the RCI’s website, Lieutenant Colonel Fredrick J. Werner, Commander of 1st Squadron, 299th Cavalry Regiment, will assume command of the Army National Guard and will have one week to transform the State of Hawai‘i into a military government.

If LTC Werner is derelict in the performance of his duties to establish a military government, then he would be the subject of an RCI war criminal report for the war crime by omission. From the date of the publication of LTC Werner’s war criminal report on the RCI’s website, Lieutenant Colonel Bingham L. Tuisamatatele, Jr., Commander of 1st Battalion, 487th Field Artillery Regiment, will assume command of the Army National Guard and will have one week to transform the State of Hawai‘i into a military government.

If LTC Tuisamatatele is derelict in the performance of his duties to establish a military government, then he would be the subject of an RCI war criminal report for the war crime by omission. From the date of the publication of LTC Tuisamatatele’s war criminal report on the RCI’s website, Lieutenant Colonel Joshua A. Jacobs, Commander of 29th Brigade Support Battalion, will assume command of the Army National Guard and will have one week to transform the State of Hawai‘i into a military government.

If LTC Jacobs is derelict in the performance of his duties to establish a military government, then he would be the subject of an RCI war criminal report for the war crime by omission. From the date of the publication of LTC Jacobs’s war criminal report on the RCI’s website, Lieutenant Colonel Dale R. Balsis, Commander of 227th Brigade Engineer Battalion, will assume command of the Army National Guard and will have one week to transform the State of Hawai‘i into a military government.

Should LTC Balsis be derelict in the performance of his duties to establish a military government and be the subject of a war criminal report for the war crime by omission, that will be published on the RCI’s website; then the sequence of events will loop to the Executive Officers. First, with the 29th Infantry Brigade, second, with the 1st Squadron, 299th Cavalry Regiment, third, with the 1st Battalion, 487th Field Artillery Regiment, fourth with the 29th Brigade Support Battalion, and fifth with the 227th Brigade Engineer Battalion.

This looping, within the 29th Infantry Brigade’s component commands, will cover all commissioned officers to include Majors, Captains, First Lieutenants and Second Lieutenants. After the commissioned officers have been exhausted in the 29th Infantry Brigade, the chain of command of commissioned officers of the 103rd Troop Command and its component commands will begin, followed by the chain of command of commissioned officers of the 298th Regiment, Regional Training Institute, and its component commands.

For you not to be derelict in the performance of your duty, and you are not be the theater commander of the occupied State of the Hawaiian Kingdom, you will need to provide the RCI with evidence that the Hawaiian Kingdom no longer exists as a State under international law. To do this, you must have Lieutenant Colonel Lloyd Phelps, as your legal advisor on military matters, provide you with evidence the Hawaiian Kingdom ceases to exist under international law. And since Attorney General Anne E. Lopez instructed you to ignore your military duty to establish a military government, I recommend that you also have her, as your legal advisor on State of Hawai‘i matters, provide you evidence that the Hawaiian Kingdom ceases to exist under international law.  

MG Hara’s conduct is unbecoming of an officer that has consequently placed every soldier under his command, to include yourself, subject to criminal culpability because he did not demand that the Attorney General provide him evidence. Consequently, he willfully disobeyed an Army regulation and was willfully derelict in his duty to establish a military government. As you are aware, U.S. military officers are held to the highest personal and professional standards. When those standards are not met, officers may be administratively punished or criminally prosecuted. For you not to demand the evidence that the Hawaiian Kingdom no longer exists under international law, is to place the men and women, under your command, into harm’s way with criminal culpability under both military law and international criminal law. As I stated to MG Hara, in my letter dated July 26, 2024, which you were cc’d, “to prevent all this from occurring, you must provide evidence that the Hawaiian Kingdom no longer exists as an occupied State under international law. To ignore this will have dire consequences for the Hawai‘i Army National Guard.”