Cease & Desist - Immediately Restore Idaho to a Republican Form of Government
We the People, Idaho Aug 24, 2020
Dear Legislature of Idaho, with concurrent notice being sent to the US DOJ: Civil Rights Division, Idaho Federal Representatives and US Attorney General,
This is a lawful notification letter that you are corresponding with several of the People of Idaho. We will be monitoring and maintaining a record of your responses to this letter or the lack thereof.
This is a cease and desist letter relating to the Governor of Idaho, demanding you, the duly elected and empowered Legislature, to immediately restore Idaho to a Republican form of government as guaranteed in Article IV Section 4 of the US Constitution:
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.” (EMPHASIS ADDED -Not to be confused with WILL NOT BE CALLED TO CONVENE BY THE GOVERNOR)
Republican Government- One in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially d-el-egated.--- In re Duncaan, 139 U.S. 4497 11 S. Ct. 5737 35 L.Ed. 219, Minor v. Happ- ersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627 Blacks Law Dictionary, Fifth Edition, p. 626
Further it would equate to felony perjury of your sworn and subscribed oath of office at minimum pursuant to TITLE 9 CHAPTER 14 ADMINISTRATION OF OATHS AND AFFIRMATIONS of the Idaho constitution.
"It may be that it is the obnoxious thing in its mildest form; but illegitimate and unconstitutional practices get their first footing in that way; namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of persons and property should be literally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the Courts to be watchful for the Constitutional Rights of the Citizens, and against any stealthy encroachments thereon. Their motto should be obsta Principiss." Boyd v. United, 116 U.S. 616 at 635 (1885)
Additionally, allowing the declared emergency and/or martial law to continue further, when there is no clear evidence there is, or ever was, an imminent threat violates Section 802 of the USA PATRIOT Act Pub. L. No. 107-52: “A person engages in domestic terrorism if they do an act “dangerous to human life” that is a violation of the criminal laws of a state or the United States, if the act appears intended to :(i) intimidate or coerce a civilian population; (ii) influence the policy of a government by intimidation or coercion;
We are aware that the Governor and his office extensions are corresponding with several of the people of the Idaho Department of Health and Welfare, Health Districts, CDC, and many other contracted, unelected corporations that have vested interests in the current crisis in Idaho. Of extreme concern is the direction given by IACI, and which Idaho Elected Officials obeys this direction, and where IACI gets their directives. Kathryn Turner, Deputy State Epidemiologist for Idaho, was the principal author on the CSTE position paper adopted on April 14, which sets out how everyone in the U.S. will determine the cause of death in a new and completely unique manner for Covid deaths. This person is from IDHW.
Further, we have petitioned the entire Legislature via certified mailing April 28, 2020 for remonstrance, with a minority of 15 Legislators responding, gathering on June 23, 2020, only to end with themselves writing a proclamation of remonstrance to the Governor, claiming lack of quorum to conduct a remedy.
Additionally, using your public office for any unconstitutional and unlawful advantage, profit or gain in any manner, including procurement of federal funds, is a violation of the HOBBS ACT and would equate to criminal emoluments violation.
Further, there have been intimidating phone calls and letters contacting commissioners, employees and employers by the governor et. al, and/or legislators coercing them to act according to their direction, and insisting that these contractors infringe upon Rights and commerce which is also a violation of the HOBBS ACT. District Health board members have brought to light phone calls riddled with intimidation and coercion from the Governor's chief of staff and Coronavirus task force.
Attorney General Wasden was on film last week lying to the public about Idaho code 74-201. He made public notice that he does not represent the People, only the executive. Jim Rice, Senator, also lied about what a TORT claim is, and other items. In United States constitutional law, false statements of fact are an exception from protection of free speech under the First Amendment. In United States law, a false statement of fact will not be exempt from some civil or criminal penalty.
Dozens of recorded, hand delivered petitions to Governor Brad Littles office between July 9 and July 14th 2020 went ignored, unanswered, and met with further injury. Governor Brad Little chose to call the Legislature finally, but only with dictatorial control, seemingly to rubber stamp immunity legislation, as well as rubber stamp the ongoing, un-ending emergency status. He has usurped the Legislature, and is now attempting to use the Legislative branch to usurp the Judicial. Ex.: Senator Greg Chaney, acting as Chairman on the Judiciary and Rules committee, tampering with the process by confining legislators to vote according to his directives only, hereby impeding the legislative process, amending the bill himself, without the members of the committee, it appears that Governor Brad Little, et.al, are intending to influence the policy of a government by intimidation or coercion; see 18 USC §2331, as well as Article IV Section 4 of the US Constitution: “The United States shall guarantee to every State in this Union a Republican Form of Government.”
"The common law is the real law, the supreme Law of the land, the code rules, regulations, policy and statutes are "not the law". Self v. Rhay, 61 Wn (2d) 261.
"All codes, rules, and regulations are for government authorities only, not human/Creators in accordance with God's laws. All codes, rules, and regulations are unconstitutional and lacking due process... " Rodrigues v. Ray Donavan (U.S. Department of Labor) 769 F.2d 1344, 1348 (1985)
There have been numerous deprivations of the 4th amendment, as well as discrimination through unlawful seizure of select businesses. http://www.
"The right to be let alone is the most comprehensive of rights and the right most valued by civilized men. To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment." Olmstead v. U.S., 277 U.S. 438, 478 (1928).
"The term "liberty" ... denotes not merely freedom from bodily restraint but also the right of the individual to contract to engage in any of the common occupations of life, to acquire useful knowledge, to marry, to establish a home and bring up children, to worship God according to the dictates of his own conscience... The established doctrine is that this liberty may not be interfered with, under guise of protecting public interest, by legislative action." Meyer v. Nebraska, 262 U.S. 390, 399, 400. (EMPHASIS ADDED)
Further, Brad Little through executive action, tampered with the elections process, subsequently we the People have been denied a lawful primary election according to Idaho Statute 34-601 (1) A primary election shall be held on the third Tuesday in May, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.
Additionally, we the People have been deprived of ¼ of a school year as prescribed by the Idaho Constitution Article 9 Section 1.
Further, these unlawful orders are coercing Public and private employees to violate the ADA in Public areas like the library, courtrooms, and other public and private buildings open to the public, including employees physically blocking people from entering. Hospitals are discriminating and refusing to treat people with disabilities without a mask. HIV/Hep C patient discrimination and rights violations have been well litigated, and as such, public buildings and medical facilities have an OVERARCHING responsibility to accommodate people. https://www.
Additionally, open meeting laws are documented to be egregiously violated by multiple district health boards on multiple occasions. One recorded instance, a Southwest district health employee had physically attempted to bar the People from entering the building to attend a public meeting. The people even asked for the meeting to be held outside, to accommodate, and they chose to cancel the meeting, rather than accommodate. Idaho Code 74-202 specifically says in section (a) “Any state board, committee, council, commission, department, authority, educational institution or other state agency created by or pursuant to statute or executive order of the governor, other than courts and their agencies and divisions, and the judicial council, and the district magistrates commission; 74-203 (1) Except as provided below, all meetings of a governing body of a public agency shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by this act…” (5) “as required under section 74-204, Idaho Code, to ensure that the public may attend such meeting in person.”
Further, you in your official capacity, or anyone professionally or personally affiliated with you, acting under color of law and depriving rights, or working in concert with other state officials depriving rights would equate to civil rights damages pursuant to 42 USC section 1983;1985.
Parroting, mimicking, and repeating lies about N-95 masks in which multiple major studies in the last 10 years by doctors at the top of their fields have concluded that this type of mask offers NO protection against ANY virus. These random and controlled studies have been published in the most highly respected Medical Journals in our country. To the contrary, many studies show that wearing the masks for extended periods of time can cause negative and damaging health conditions not to mention that seeing the majority of an entire population wearing masks causes a psychological effect.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Therefore, regarding your role in violations of the following, as well as to place you on Notice for appearing to be intending to intimidate or coerce a civilian population and to influence the policy of a government by intimidation or coercion; see 18 USC §2331
1. The maintaining and extending of the UNLAWFUL State of Emergency, without seeking legislative input, which is required by Idaho law. Under the STATE DISASTER PREPAREDNESS ACT when the threat has never been imminent and is not prescribed therein by substantial evidence. The continuance of said emergency is exacerbating the ongoing crisis created by said emergency declaration and subsequent actions taken by those entrusted to remedy the emergency.
See more here and have someone on your staff watch this 15 minutes and take notes: CA STATE OF EMERGENCY UNLAWFUL: https://youtu.be/SrmqsEwsZ0A
2. There is NO current threat of a pandemic/epidemic based on:
(a) covid numbers fewer than typical outbreak of communicable diseases
(b) Health care workers being laid off
(c) Hospitals and clinics closing floors and on the edge of bankruptcy.
3. Further, covid numbers have not been confirmed by local boards of health. All death certificates need to be duly examined by each local board of health to determine underlying causes of death. The revised numbers will likely show even more accurately how there is NO threat of emergency in Idaho. Doctors, at the advice of the World Health Organization, have been instructed to fraudulently attribute any death where coronavirus is present, to be labeled as a Covid death.
4. These "reopening phases" are GUIDELINES only and NOT ENFORCEABLE by LAW. This means all measures such as "social distancing", and "wearing a face covering" are not enforceable by law and NOT REQUIRED by ANY BUSINESS ESTABLISHMENT. The Executive branch IS NOT AUTHORIZED TO MAKE LAW. The Idaho Statutes that authorize the Governor to act as a legislature to enact and change laws are not lawful and therefore null and void.
Idaho Code 74-201 specifically says “The people of the state of Idaho in creating the instruments of government that serve them, do not yield their sovereignty to the agencies so created.”
"All laws, rules, and practices that are repugnant to the Constitution are null and void." Marbury v. Madison, 5th US (2 cranch) 137, 174, 176, (1803).
5. The CONSTITUTION OF THE STATE OF IDAHO ARTICLE I DECLARATION OF RIGHTS
Section 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety. This right to secure safety rests on each individual and is not the duty nor can it be transferred to ANYONE including public or private entities, elected public servants or unelected contractors of the State of Idaho, i.e: the governor, public health officials and/or public or private businesses.
Section 21. RESERVED RIGHTS NOT IMPAIRED. This enumeration of rights shall not be construed to impair or deny other rights retained by the people.
(2) The right to the full enjoyment of any of the accommodations, facilities or privileges of any place of public resort, accommodation, assemblage or amusement.
6. Idaho Constitution and Statutory Code emphasizes UNALIENABLE AND RESERVED RIGHTS OF MAN that each citizen is "Free and equal" and may not be discriminated against in ANY BUSINESS establishment whatsoever based on a health condition (i.e.,breathing, of which wearing a mask obstructs.)
7. On MASKS: These are suggestions only, not public orders, and not enforceable by law. According to Idaho Law, Civil Code Title 18-7301 (2) NO BUSINESS, AGENCY, GOVERNMENT OFFICIAL OR ANYONE NOT SPECIFIED MAY REQUIRE PATRONS TO WEAR A MASK. This prevents the free access and equal accommodations protected by law AND
8. Further according to Idaho Code 54-1804, Click here for full Statute Link businesses are not permitted to Practice Medicine and may NOT make medical advice relating to the human body including any rule, regulation, policy or mandate that includes a MEDICAL DEVICE or INTERVENTION (i.e., wearing a mask, which inhibits the function of the respiratory system, an essential function of staying alive and regulated by the FDA) -- unless they provide a licensed medical doctor who performs a physical examination to advise the patron or employee to engage in this health intervention is fit to be subject to such oxygen restrictions including obtaining the proper consent to treat waiver. Businesses who CHOOSE to engage in such Medical Practices are subject to violations punishable by law.
(1) A person who administers treatment or provides advice regarding the human body and its functions and who:
(2) Except as provided in subsection (1) of this section, it shall constitute a felony for any person to practice medicine in this state without a license and upon conviction thereof shall be imprisoned in the state prison for a period not to exceed five (5) years, or shall be fined no more than ten thousand dollars ($10,000), or shall be punished by both such fine and imprisonment.
9. The Idaho Department of Public Health has not confirmed ANY findings from the CDC about the theory of
(a) healthy people wearing masks prevents the spread of illness
(b)forced separation slows transmission
(c) asymptomatic transmission occurrences.
In other words, there is no evidence that the CDC guidelines are based upon science or medical evidence. Thus, even the CDC guidelines are based on inconclusive assumptions with NO reputable peer-reviewed studies.
10. Mask wearing poses many risks to many vulnerable and at risk individuals and widely researched and documented. Anytime a medical procedure has risks their must be informed consent and a choice.
11. Thus, BUSINESSES and RESIDENTS may choose to resume normal activities without ANY LEGAL RESTRICTIONS. LIABILITY WAIVERS are the most reasonable, least costly, way to release liability for all Idahoans in their various capacities, and restore Liberty to the people.
There are several basic violations of the above Idaho State Constitution and Code as well as other regulations being violated by many individuals in high positional roles of public and private entities at the blessing and direction of those in a position of Public Trust as well as private Contractors including, but not limited to:
Deprivation
Abuse of power and position
Willful misconduct or gross negligence
Endangering others
Prescribing without a license
Violating the basic rights of man, Failing to maintain a Republican form of government
Conspiracy
Intent to harm
Willful neglect/endangerment
Violations of OSHA,
HIPAA
HOBBS ACT
Open Meeting Violations
Those in blatant Violation include, but not limited to:
Idaho State Governor Brad Little
Idaho Governor’s Chief of Staff Zach Hauge
Idaho State Attorney General Lawrence Wadsen
Idaho Department of Health and Welfare Director Dave Jeppesen
Idaho State Department of Health and Welfare Epidemiologist Christine Hahn
Kathryn Turner Deputy State Epidemiologist for Idaho
Idaho Representatives Greg Cheney, Scott Bedke, Lee Heider, and more
Various District Health Board Members including Ada County Commissioner Diana Lachiondo
Central District Health Director Russell Duke
Panhandle District Health Director Lora Walen
Southwest District Health Director Nikki Zogg
Boise Mayor Lauren McLean, McCall Mayor Jackie Aymon, Mountain Home Mayor Rich Sykes
as well as many others not specified, but will be named personally later, if remedy isn’t made
Businesses across the state are in violation of Civil Rights discrimination of ADA and OSHA regulations including implementation of proper PPE Programs and screening employees prior to implementing mandatory masks for employees. Businesses are being coerced to act at the recommendations of so called professionals, and have bought into the mandates which created discriminatory policies against their employees and patrons. This is without proper accommodations for those wishing to retain their RIGHTS to maintain securing THEIR OWN safety, including personal philosophical exemptions and accomodations without fear of termination, or service refusal, or significant dis-integration from society.
NOTEABLE ENTITIES INCLUDE:
Bogus Basin Recreation Association Inc.
Starbucks
Boise Co-op
Whole Foods
The City of Boise Inc.
St Luke's Nampa Hospital
St Luke's Elks Hearing and Screening of Nampa and Meridian
Many many others at the ill recommendations of so called authorities and experts.
IMPORTANT NOTE: OSHA provides a comprehensive assessment form that covers qualifications for medical issues preventing one from being medically able to tolerate mask wearing. This is a mandatory questionnaire in any Mandatory Mask Requirement, in conjunction with a professionally managed Personal Protection Program.
OSHA Laws and Regulations 1910.134 App C Form
From: Face Coverings and the ADA- Application under Title III Tuesday, July 28, 2020 (linked elsewhere)
NONDISCRIMINATION REQUIREMENTS & REASONABLE MODIFICATIONS
Businesses should make reasonable modifications to meet nondiscrimination
requirements, full and equal enjoyment to the extent possible:
• Equal opportunity to participate
• Equal opportunity to benefit
• Receipt of benefits in the most integrated setting appropriate
Therefore we DEMAND you to act IMMEDIATELY TO REMEDY THESE VIOLATIONS To immediately restore the Republic during the August 24, 2020 special session, to end the Emergency, to address the fallout of these violations, to address matters pertaining to the previous declaration of emergency, and to appropriate funds as needed, as well as any other related issue to ensure Idahoans are put first, above big corporate interests, lobby groups, and federal funding enticement (emoluments).
"There, every man is independent of all laws,except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent." Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E. . 70.
Idaho Code 74-201 specifically says “The people of the state of Idaho in creating the instruments of government that serve them, do not yield their sovereignty to the agencies so created.”
As an elected public servant by me and other Idahoans, I request careful and thorough reading and research into these points and I am requesting to hear back from you within 14 business days as to your reply on this notice.
Sincerely,
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