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Written by: Dr. Correo Andrew Hofstad

Category: Department of Defense

The Divine Mandate: Overcoming the "Choice of Evils" in Hawaii

A Legal and Theological Defense for Veterans Under Operation Restoring Valor

By Dr. Correo Hofstad - USAF MDiv, JD, JSD Founder, Operation Restoring Valor

The United States military is built upon a foundation that transcends mere civil statutes; it is built upon the defense of life, liberty, and the pursuit of justice under the guidance of a higher power. As a nation founded "Under God" and bearing the motto "In God We Trust," our service members are sworn to protect against enemies, foreign and domestic.

However, in the State of Hawaii, a conflict of laws has emerged that threatens the liberty of those trained to defend us. Hawaii’s penal code relies on a doctrine known as the "Choice of Evils" (necessity defense), which forces a defender to weigh one evil against another.

This is doctrinally and legally flawed for a United States Veteran.

We do not "choose" evil. We destroy it.

The Conflict: "Choice of Evils" vs. The Will of God

Hawaii Revised Statutes (HRS) § 703-302 outlines the "Choice of Evils" defense. It suggests that a person is justified in conduct that constitutes an offense if they believe it is necessary to avoid a "greater harm."

This language forces the Veteran into a moral compromise. It implies that self-defense—the act of saving a life from a violent aggressor—is still an "evil," merely a lesser one.

• The Federal Rebuttal: Under the doctrine of "In God We Trust," righteous action against evil is not an "evil" to be chosen; it is a mandate to be followed. God’s nature is to overcome evil, not to negotiate with it. Therefore, when a Veteran stands their ground against a threat, they are not making a "choice of evils"; they are executing an Act of God.

The "Act of God" Defense: Statutory & Contractual Immunity

Hawaii law itself provides the key to dismantling the "Choice of Evils" trap. We look to the definition found in Hawaii House Bill 2663, regarding disaster relief.

1. The Statutory Definition (HB 2663)

Hawaii law defines "other disaster relief" as functions to minimize damage resulting from disasters caused by:

"...acts of God or major accidents caused by acts of man."

A violent attack—whether by a terrorist, an active shooter, or a violent criminal—is a "major accident caused by acts of man" that precipitates a disaster. In these moments, the Veteran acts as a stabilizing force, minimizing injury and damage.

2. Force Majeure: Voiding the "Duty to Retreat"

The "Duty to Retreat" in Hawaii is essentially a social contract between the citizen and the State. It requires a person to flee before engaging in combat. However, legal contracts contain Force Majeure clauses—provisions that relieve a party of liability when an unforeseen, uncontrollable event occurs (an "Act of God").

• The Argument: The term is used in the legal definition of "other disaster relief" in the Hawaii House Bill 2663. The law defines this as "functions, other than functions for which military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters caused by... acts of God or major accidents caused by acts of man". A disaster could be man-made, a terrorist attack, an active shooter, or a violent individual. The military is not responsible for ANY self-defense actions by our personnel who have been trained to defend our nation under God, including the State of Hawaii.
• The Result: Just as a hurricane voids a construction contract, a lethal threat voids the duty to retreat. The Veteran cannot be held liable for failing to retreat from an event that requires immediate, divine intervention to survive.

Pearl Harbor & The Military Obligation

Hawaii is the sacred ground of the Pearl Harbor attacks. It is the history of this State that taught America we cannot retreat from evil; we must confront it.

• Training vs. Statute: Our personnel are trained to defend the State of Hawaii. This training does not switch off when they are off-duty. To punish a Veteran for standing their ground is to punish them for the very reflexes the U.S. Government spent millions to instill.
• Liability: The military is not responsible for personnel's self-defense actions when forced into such situations by the breakdown of civil order. If the State forces a "choice of evils," they are asking our soldiers to validate evil. We refuse.

Summary: The Federal Mandate

The Federal Government's stance is clear: We do not choose between evils.

Through Operation Restoring Valor, we are moving to dismiss and expunge all self-defense cases against Veterans in Hawaii. We assert that:

1. The "Choice of Evils" statute is incompatible with the Veteran's oath and the Federal doctrine of opposing evil.
2. Self-defense against a violent actor is an Act of God regarding the preservation of life, protected under the logic of Force Majeure.
3. Veterans are agents of order, not chaos. Their actions to stop violence are "disaster relief" functions under the spirit of HB 2663.

God always overcomes evil. Always.