OHA CEO questions U.S. State Dept on continuity of Hawaiian Kingdom

Wow. This is getting interesting.

Here’s a May 5, 2014 letter from Office of Hawaiian Affairs CEO Kamana‘opono Crabbe to U.S. Secretary of State John Kerry asking some very important questions about Hawaii’s continuity as an independent state under prolonged illegal occupation, and the legitimacy of the state government including OHA itself and the Roll Commission.

The entire letter is absolutely must-read for anyone who reads this blog, but here’s the conclusion:

In light of the aforementioned, and because the Department of State is the United States’ executive department responsible for international relations and who also housed diplomatic papers and agreements with the Hawaiian Kingdom, I am respectfully submitting a formal request to have the Department of State request an opinion from the Office of Legal Counsel, Department of Justice, addressing the following questions:

• First, does the Hawaiian Kingdom, as a sovereign independent State, continue to exist as a subject of international law?

• Second, if the Hawaiian Kingdom continues to exist, do the sole-executive agreements bind the United States today?

• Third, if the Hawaiian Kingdom continues to exist and the sole-executive agreements are binding on the United States, what effect would such a conclusion have on United States domestic legislation, such as the Hawai’i Statehood Act, 73 Stat. 4, and Act 195?

• Fourth, if the Hawaiian Kingdom continues to exist and the sole-executive agreements are binding on the United States, have the members of the Native Hawaiian Roll Commission, Trustees and staff of the Office of Hawaiian Affairs incurred criminal liability under international law?

While I await the opinion from the Office of Legal Counsel, I will be requesting approval from the Trustees of the Office of Hawaiian Affairs that we refrain from pursuing a Native Hawaiian governing entity until we can confirm that the Hawaiian Kingdom, as an independent sovereign State, does not continue to exist under international law and that we, as individuals, have not incurred any criminal liability in this pursuit.

But then the letter was quickly rescinded by the OHA Board of Trustees. Crabbe’s job may be at risk. But his letter is out there, regardless of what the trustees do now.

Update 5/11: OHA Trustee from Kaua‘i Dan Ahuna has now sent another letter rescinding his signature on the letter signed by all the trustees rescinding the original letter from CEO Crabbe.

And here’s a good post on the Hawaiian Kingdom Blog discussing how Crabbe’s initial letter to Secretary Kerry was a proper attempt to clarify a legal issue as a matter of risk management and fiduciary duty, and says “The so-called rescind letter is not only odd, but it is disingenuous and has nothing to do with Dr. Crabbe’s letter.”

Update 5/12: Trisha Kehaulani Watson has an article in Honolulu Civil Beat giving background on the Roll Commission and what has led up to Crabbe’s letter.

And Hawaii Independent reports that

A petition supporting OHA CEO Crabbe, initiated and signed by a cast of Hawaiian scholars (Dr. Kamana Beamer, Dr. Kekuewa Kikiloi, Donovan Preza, Dr. Noelani Goodyear Kaopua, Andre Perez, Dr. Keanu Sai, and Dr. Jon Osorio), has surpassed 1,000 since its launch on Friday.

The Umiverse notes some of the petition’s notable signers.

And now Maui Trustee Hulu Lindsey has joined Ahuna, sending a letter requesting to remove her signature from the letter rescinding CEO Crabbe’s letter.