{"id":7429,"date":"2024-09-23T13:59:35","date_gmt":"2024-09-23T23:59:35","guid":{"rendered":"https:\/\/hawaiiankingdom.org\/blog\/?p=7429"},"modified":"2024-09-23T13:59:36","modified_gmt":"2024-09-23T23:59:36","slug":"royal-commission-of-inquiry-orders-state-of-hawaii-governor-josh-green-and-his-cabinet-to-cease-and-desist-in-its-functions-under-american-law","status":"publish","type":"post","link":"https:\/\/hawaiiankingdom.org\/blog\/royal-commission-of-inquiry-orders-state-of-hawaii-governor-josh-green-and-his-cabinet-to-cease-and-desist-in-its-functions-under-american-law\/","title":{"rendered":"Royal Commission of Inquiry Orders State of Hawai\u2018i Governor Josh Green and his Cabinet to Cease and Desist in its functions under American law"},"content":{"rendered":"\n

Today, September 23, 2024, Dr. Keanu Sai, as Head of the\u00a0Royal Commission of Inquiry<\/a><\/strong>, sent a letter to State of Hawai\u2018i Governor Josh Green and his Cabinet to cease and desist in the performance of the their functions under American municipal laws in light of Senator Crabbe’s\u00a0formal request<\/a><\/strong> to Attorney General Anne Lopez for a legal opinion regarding whether the State of Hawai\u2018i is lawful and that the Hawaiian Kingdom does not continue to exist as an occupied State. Senator Crabbe’s request also alleviated the Governor and any member of his Cabinet from requesting a legal opinion by September 20, 2024, as stated in the RCI\u2019s letter<\/a><\/strong> to the Governor dated September 5, 2024. Here is a link to the\u00a0letter<\/a><\/strong>.<\/p>\n\n\n

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The purpose of this letter is to notify you and your Cabinet to cease and desist your functions under American municipal laws in light of Senator Cross Makani Crabbe’s formal request, pursuant to \u00a728-3 Hawai\u2018i Revised Statutes, to Attorney General Anne Lopez for a legal opinion regarding whether the State of Hawai\u2018i is lawful and that the Hawaiian Kingdom does not continue to exist as an occupied State, which I am enclosing. Senator Crabbe’s request also alleviates you and any member of your Cabinet from requesting a legal opinion by September 20, 2024, as stated in my letter to you dated September 5, 2024.<\/p>\n\n\n\n

As I stated to you in my letter dated September 5th, the issue of the continuity of the Hawaiian Kingdom, as a State under international law, is not a novel legal issue for the State of Hawai\u2018i to determine. Since 1994, this issue has been at the center of case law and precedence regarding jurisdictional arguments that came before the courts of the State of Hawai\u2018i. Senator Crabbe\u2019s letter included two legal opinions, published by the Hawaiian Journal of Law and Politics<\/em>, by experts in international law, that provide a legal basis for concluding that the Hawaiian Kingdom \u2018exists as a state in accordance with recognized attributes of a state\u2019s sovereign nature,\u2019 as called for by the State of Hawai\u2018i Intermediate Court of Appeals and the Supreme Court. I am also enclosing my latest law article on the responsibility to protect a State\u2019s population from war crimes that was published this year by the International Review of Contemporary Law<\/em>.<\/p>\n\n\n\n

Hawai\u2018i Revised Statutes \u00a728-3 states: \u201c[t]he attorney general shall<\/u><\/strong>, when requested, give opinions upon questions of law submitted by the governor, the legislature, or its members, or the head of any department (emphasis added).\u201d The legal definition of shall<\/em> \u201cis an imperative command, usually indicating that certain actions are mandatory, and not permissive. This contrasts with the word \u2018may,\u2019 which is generally used to indicate a permissive provision, ordinarily implying some degree of discretion.\u201d In his letter, Senator Crabbe presented the Attorney General with this question for her legal opinion:<\/p>\n\n\n\n

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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\u2018i within the territory of the United States or is it within the territory of the Hawaiian Kingdom?<\/p>\n<\/blockquote>\n\n\n\n

As I stated in my letter of September 5th, under international law, there is a presumption of continuity of the Hawaiian State despite the overthrow of its government by the United States on January 17, 1893. In other words, the Attorney General\u2019s legal opinion would not prove the State of Hawai\u2018i lawfully exists, but rather, the opinion must prove beyond any reasonable doubt, that the Hawaiian Kingdom does not exists, as a State, under the rules of international law, and that the State of Hawai\u2018i is within the territory of the United States. Evidence of \u201ca valid demonstration of legal title, or sovereignty, on the part of the United States\u201d would be an international treaty, particularly a peace treaty, whereby the Hawaiian Kingdom would have ceded its territory and sovereignty to the United States. Examples of foreign States ceding sovereign territory to the United States by a peace treaty include the 1848 Treaty of Peace, Friendship, Limits, and Settlement with the Republic of Mexico<\/em> and the 1898 Treaty of Peace between the United States of America and the Kingdom of Spain<\/em>.<\/p>\n\n\n\n

In her legal opinion, to answer in the affirmative that the State of Hawai\u2018i is within the territory of the United States, the Attorney General must refer to a \u2018valid demonstration of legal title, or sovereignty, on the part of the United States.\u2019 Otherwise, the Hawaiian Kingdom continues to exist, as a State, under international law. Furthermore, as I stated in my September 5th letter, she cannot claim that the question of law raises a political question. The Hawai\u2018i Supreme Court, in State of Hawai\u2018i v. Armitage<\/em>, precludes her from not answering the question if it was previously demonstrated, by the two legal opinions, that \u201ca factual or legal basis that the Kingdom of Hawai\u2018i \u2018exists as a state in accordance with recognized attributes of a state\u2019s sovereign nature.\u2019\u201d According to State of Hawai\u2018i v. Lorenzo<\/em>, the Attorney General would have to provide rebuttable evidence that counters the conclusions of the two legal opinions, otherwise the presumption of the Hawaiian Kingdom\u2019s existence, as a State, remains. As the proverb goes, you can\u2019t have your cake and eat it too, which is you cannot have two things at the same time if they are mutually exclusive. In other words, the Hawaiian Kingdom and the State of Hawai\u2018i cannot exist at the same time. The existence of one cancels the other.<\/p>\n\n\n\n

Because the Hawaiian Kingdom is presumed to continue to exist under international law, all acts taken by the United States within the territory of the Hawaiian Kingdom since January 17, 1893, to include the creation of the State of Hawai\u2018i by a congressional act, is void, unless the Attorney General provides a legal basis, under international law, that the State of Hawai\u2018i exists within the territory of the United States and not within the territory of the Hawaiian Kingdom. Without this basis, the State of Hawai\u2018i has no legal standing within the territory of the Hawaiian Kingdom, and thus, actions or conduct, taken by members of the State of Hawai\u2018i and or its Counties, can be construed as war crimes. I am enclosing Professor William Schabas\u2019 legal opinion on war crimes currently being committed in the Hawaiian Kingdom.<\/p>\n\n\n\n

Since 2020, the Royal Commission of Inquiry has published, on its website (https:\/\/hawaiiankingdom.org\/royal-commission.shtml<\/strong><\/a>), the following reports and memorandums:<\/p>\n\n\n\n

\n

Preliminary Report re<\/em> Mens Rea (March 24, 2020)<\/p>\n\n\n\n

Preliminary Report re<\/em> Authority of the Council of Regency (May 27, 2020)<\/p>\n\n\n\n

Preliminary Report re<\/em> Legal Status of Land Titles throughout the Realm (July 16, 2020)<\/p>\n\n\n\n

Supplemental Report re<\/em> Title Insurance (October 28, 2020)<\/p>\n\n\n\n

Preliminary Report re<\/em> Explicit Recognition of the Hawaiian State and of the Council of Regency as its Government by the United States of America (April 2, 2021)<\/p>\n\n\n\n

Preliminary Report re<\/em> War Crimes of Transferring Populations in an Occupied Territory and Denationalization (September 30, 2021)<\/p>\n\n\n\n

Preliminary Report re<\/em> The Right of Self-Determination of the Hawaiian People in a State of War (October 23, 2021)<\/p>\n\n\n\n

Preliminary Report re<\/em> The Lorenzo doctrine on the Continuity of the Hawaiian Kingdom as a State (June 7, 2022)<\/p>\n\n\n\n

Preliminary Report re<\/em> Attainder of Treason and the Corruption of Blood (October 26, 2022)<\/p>\n\n\n\n

Preliminary Report re<\/em> Termination of the 1875 Commercial Reciprocity Treaty and its 1884 Supplemental Convention (October 26, 2023)<\/p>\n\n\n\n

Criminal Report no. 22-0001 re<\/em> Insurgency of 1893 and Attainder of Treason (November 4, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0002 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014Derek Kawakami & Arryl Kaneshiro<\/strong> (November 17, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0002-1 re<\/em> Accomplice to Usurpation of Sovereignty during Military Occupation\u2014Matthew M. Bracken & Mark L. Bradbury<\/strong> (November 20, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0003 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014Mitchell Roth & Maile David<\/strong> (November 17, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0003-1 re<\/em> Accomplice to Usurpation of Sovereignty during Military Occupation\u2014Elizabeth A. Strance, Mark D. Disher & Dakota K. Frenz<\/strong> (November 20, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0004 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014Michael Victorino & Alice L. Lee<\/strong> (November 17, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0004-1 re<\/em> Accomplice to Usurpation of Sovereignty during Military Occupation\u2014Moana M. Lutey, Caleb P. Rowe & Iwalani Mountcastle Gasmen<\/strong> (November 20, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0005 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014David Yutake Ige, Ty Nohara, & Isaac W. Choy<\/strong> (November 18, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0005-1 re<\/em> Accomplice to Usurpation of Sovereignty during Military Occupation\u2014Holly T. Shikada & Amanda J. Weston<\/strong> (November 20, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0006 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014Anders G.O. Nervell<\/strong> (November 18, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0006-1 re<\/em> Accomplice to Usurpation of Sovereignty during Military Occupation\u2014Scott I. Batterman<\/strong> (November 20, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0007 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014Joseph Robinette Biden Jr., Kamala Harris, Admiral John Aquilino, Charles P. Rettig, Charles E. Schumer, & Nancy Pelosi<\/strong> (November 18, 2022)<\/p>\n\n\n\n

Amended War Criminal Report no. 22-0007\u2014a Withdrawal of Admiral John Aquilino<\/strong> (February 23, 2024)<\/p>\n\n\n\n

War Criminal Report no. 22-0007-1 re<\/em> Accomplice to Usurpation of Sovereignty during Military Occupation\u2014Brian M. Boynton, Anthony J. Coppolino & Michael J. Gerardi<\/strong> (November 20, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0008 re<\/em> Usurpation of Sovereignty during Military Occupation & Deprivation of Fair and Regular Trial\u2014Leslie E. Kobayashi & Rom A. Trader<\/strong> (November 23, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0009 re<\/em> Usurpation of Sovereignty during Military Occupation, Deprivation of Fair and Regular Trial, & Pillage\u2014Mark E. Recktenwald, Paula A. Nakayama, Sabrina S. McKenna, Richard W. Pollack, Michael D. Wilson, Todd W. Eddins, Glenn S. Hara, Greg K. Nakamura, Charles Prather, Sofia M. Hirosane, Daryl Y. Dobayashi, James E. Evers, Josiah K. Sewell, Clifford L. Nakea, Bradley R. Tamm, and Alana L. Bryant<\/strong> (December 28, 2022)<\/p>\n\n\n\n

War Criminal Report no. 22-0009-1 re<\/em> Usurpation of Sovereignty during Military Occupation, Deprivation of Fair & Regular Trial\u2014Derrick K. Watson, J. Michael Seabright, Leslie E. Kobayashi and Jill A. Otake<\/strong> (February 28, 2023)<\/p>\n\n\n\n

War Criminal Report no. 23-0001 re<\/em> Usurpation of Sovereignty during Military Occupation\u2014Anne E. Lopez, Craig Y. Iha, Ryan K.P. Kanaka\u2018ole, Alyssa-Marie Y. Kau, Peter Kahana Albinio, Jr., and Joseph Kuali\u2018i Lindsey Camara<\/strong> (March 29, 2023)<\/p>\n\n\n\n

War Criminal Report no. 24-0001 re<\/em> Omission for willful failure to establish a military government\u2014Kenneth Hara<\/strong> (August 5, 2024)<\/p>\n\n\n\n

War Criminal Report no. 24-0002 re<\/em> Omission for willful failure to establish a military government\u2014Stephen F. Logan<\/strong> (August 12, 2024)<\/p>\n\n\n\n

War Criminal Report no. 24-0003 re<\/em> Omission for willful failure to establish a military government\u2014Wesley Kawakami<\/strong> (August 19, 2024)<\/p>\n\n\n\n

War Criminal Report no. 24-0004 re<\/em> Omission for willful failure to establish a military government\u2014Fredrick Werner<\/strong> (August 26, 2024)<\/p>\n\n\n\n

War Criminal Report no. 24-0005 re<\/em> Omission for willful failure to establish a military government\u2014Bingham Tuisamatatele, Jr.<\/strong> (September 2, 2024)<\/p>\n\n\n\n

War Criminal Report no. 24-0006 re<\/em> Omission for willful failure to establish a military government\u2014Joshua Jacobs<\/strong> (September 9, 2024)<\/p>\n\n\n\n

War Criminal Report no. 24-0007 re<\/em> Omission for willful failure to establish a military government\u2014Dale Balsis<\/strong> (September 16, 2024)<\/p>\n\n\n\n

Memorandum regarding the Hawaiian Kingdom’s continuity as a State and subject of International Law (August 29, 2023)<\/p>\n\n\n\n

Memorandum on why all 193 Member States of the United Nations recognize the Continuity of the Hawaiian Kingdom and the Council of Regency (December 22, 2023)<\/p>\n\n\n\n

Memorandum on Bringing the American Occupation of Hawai`i to an End by Establishing an American Military Government (June 22, 2024)<\/p>\n<\/blockquote>\n\n\n\n

In my September 5th letter, I recommended you view a presentation that I was invited to give to the Maui County Council\u2019s Disaster, Resilience, International Affairs, and Planning<\/em> (DRIP) Committee on March 6, 2024 (online at https:\/\/www.youtube.com\/watch?v=X-VIA_3GD2A<\/strong><\/a>). To further understand the situation, I am recommending that you also view two recent podcasts of Keep it Aloha<\/em> with Kamaka Dias, which has collectively garnered over 22k views since August 1, 2024 (Part 1\u2014online at https:\/\/www.youtube.com\/watch?v=PvEdNx2dynE&t=6043s<\/strong><\/a>), (Part 2\u2014online at https:\/\/www.youtube.com\/watch?v=YBSFZQdC5bU&t=8466s<\/a><\/strong>).<\/p>\n\n\n\n

Until the Attorney General provides a legal opinion, pursuant to \u00a728-3, that concludes with an evidential basis, under international law, that the Hawaiian Kingdom does NOT<\/strong> exist \u201cas a state in accordance with recognized attributes of a state\u2019s sovereign nature,\u201d and that the State of Hawai\u2018i exists within the territory of the United States and not within the territory of the Hawaiian Kingdom, you are ordered to cease and desist your functions under American municipal laws being unlawfully imposed within the territory of the Hawaiian Kingdom.<\/p>\n\n\n\n

According to the law of occupation, and pursuant to U.S. Department of Defense Directive 5100.01, and U.S. Army Field Manuals 27-5 and 27-10, you will be replaced by the most senior Army National Guard officer to be called a military governor. As a result of Major General Kenneth Hara\u2019s willful failure to transform the State of Hawai\u2018i into a military government after his Staff Judge Advocate, Lieutenant Colonel Phelps, was unable to refute the evidence that the Hawaiian Kingdom is an occupied State as of July 27, 2023, he became the subject of war criminal report no. 24-0001. Major General Hara also is responsible for commanders under his command to be subject to war criminal reports 24-0002, 24-0003, 24-0004, 24-0005, 24-0006, and 24-0007 as well for not establishing a military government. At present, the highest-ranking Army National Guard officer to replace you as military governor is Lieutenant Colonel Michael Rosner, Executive Officer of the 29th Infantry Brigade. I am enclosing my letter to him dated today.<\/p>\n","protected":false},"excerpt":{"rendered":"

Today, September 23, 2024, Dr. Keanu Sai, as Head of the\u00a0Royal Commission of Inquiry, sent a letter to State of Hawai\u2018i Governor Josh Green and his Cabinet to cease and desist in the performance of the their functions under American … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,4],"tags":[],"class_list":["post-7429","post","type-post","status-publish","format-standard","hentry","category-international-law","category-war-crimes"],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p31YBQ-1VP","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/7429","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/comments?post=7429"}],"version-history":[{"count":3,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/7429\/revisions"}],"predecessor-version":[{"id":7433,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/7429\/revisions\/7433"}],"wp:attachment":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/media?parent=7429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/categories?post=7429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/tags?post=7429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}