In a surprising and somewhat awkward turn of events, the Office of Hawaiian Affairs Board of Trustees on Friday rescinded a letter written by OHA Chief Executive Officer Kamana‘opono Crabbe and sent to Secretary of State John Kerry requesting an opinion on whether the Hawaiian kingdom still exists as an independent sovereign state under international law.
Trustee Chairwoman Colette Machado said trustees were caught off guard and "offended" when they read the letter Friday morning while attending a meeting of U.S. indigenous peoples at the State Department in Washington.
Machado said Crabbe exceeded his authority as chief executive officer and wrote a letter that does not reflect the position of OHA or the trustees. He also violated board policy that requires him to consult the board on such matters.
The nine trustees immediately voted unanimously to send a follow-up letter asking the State Department to rescind the letter.
In his letter dated Monday, Crabbe said he was requesting a formal legal opinion on the matter because recent legal and diplomatic proceedings suggested OHA and its trustees may be open to criminal liability in the pursuit of a Native Hawaiian governing entity. He said he would request approval from the trustees that they refrain from such activity until a legal opinion is issued.
OHA is financially supporting the independent Native Hawaiian Roll Commission, which is preparing and maintaining a roll of qualified Native Hawaiians to work toward the reorganization of a native government.
Two months ago OHA trustees joined some of their critics at a news conference to announce they would help facilitate and fund steps to "build a Hawaiian nation" once the Native Hawaiian Roll is complete but stay neutral in the effort.
Crabbe could not be reached for comment.
In his letter, Crabbe said he attended an April 17 panel discussion in which University of Hawaii law professor Williamson Chang and political scientist Keanu Sai made presentations asserting that both the federal and state governments are illegal regimes in Hawaii. He also enclosed various articles, law briefs, complaints and other documents suggesting the same, with at least one calling for an investigation of "war crimes" and suggesting criminal liability.
"These matters have raised grave concerns with regard to not only the Native Hawaiian community … but also to the vicarious liability of myself, staff and trustees of the Hawaiian Affairs and the Native Hawaiian Roll Commission," he wrote.
Machado said the trustees intend to meet with Crabbe behind closed doors in executive session to discuss his role as chief executive officer.
"He has to understand he has nine bosses," she said. "We don’t want to micromanage him, but this time he went way beyond the reach of his authority. He can’t do whatever he chooses to do, especially when it’s something as political as this.
"This is a good lesson for all of us," Machado said.
Former Gov. John Waihee, chairman of the Native Hawaiian Roll Commission, said he too was surprised by Crabbe’s letter.
"My first thought was, ‘What were you thinking?’" he said.
Waihee said Crabbe was wasting his time asking a question to federal lawyers who are paid to maintain the status quo.
Clyde Namuo, executive director of the Native Hawaiian Roll Commission, said 130,000 Native Hawaiians have signed up for the roll and have demonstrated their eagerness to move forward.
"We don’t believe (there should be any delays). Otherwise, we wouldn’t be doing what we’re doing," Namuo said.
Robin Danner, president of the Council for Native Hawaiian Advancement, called Crabbe’s letter outrageous and irresponsible. She applauded the trustees for acting swiftly.
"I’m embarrassed," she said. "It’s just irresponsible for him to unilaterally delay the momentum and the promise of OHA to see through Act 195 (the legislation that created the Native Hawaiian Roll Commission)."
But Chang, the law professor quoted by Crabbe, described the letter as "a profound and important moment in history."
"He has raised an issue that has not been approached before. It’s remarkable that a state agency is asking these questions," he said.
Chang, a Native Hawaiian, said his own historical research has revealed that the United States doesn’t have any jurisdiction over Hawaii despite laws held up as proof saying otherwise. He said he’s writing a book on the subject.
