Any Day Now

I attended the latest meeting out in St. Charles, Missouri, and spoke with as many sheriffs as I could. Got cards, sent links/info, and this week made calls to follow-up. Of course I can't say who, but there is a sheriff I spoke with at length, and he is looking to arrest a member of Congress. There may also be a couple of others in addition, I hope to see the news flash any day now. This is the text I've offered them as a statement:

Good afternoon, as most Americans know, all elected officials--whether that be the President, a Senator, a Judge, or a Sheriff--swear an oath to protect and defend the Constitution of the United States. Based on the law, evidence of criminal activity, and my own oath, I had no choice but to act in the manner in which I did, so I'd like to be clear, this was a legal action, not a political stunt.

Allow me to first provide the legal basis: Federal law regulating oath of office for elected officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331 provides text of the oath taken before assuming office. 5 U.S.C. 3333 required us to sign an affidavit that we took the oath and will not violate it during tenure of office, as defined by 5 U.S.C. 7311, which makes it a federal criminal offense to “advocate the overthrow of our constitutional form of government.” Executive Order 10450 further specifies this as advocating for “the alteration of the form of the government of the United States by unconstitutional means.” Because our form of government is defined by the Constitution, it can only be altered by amendment. Any act which alters the fundamental operation of our constitutional form of government other than by amendment is a criminal violation of the 5 U.S.C. 7311.

Amendment proposal is a fundamental aspect of our constitutional form of government and the Constitution has fixed two modes of proposal--Congress or Convention. 2/3 of the states have applied for the alternate mode, a convention, fulfilling the legal requirement for such a convention, and Congress illegally prevents this by failing to issue the call with a time and place as required by law. The Constitution does not stipulate if applications for a convention are to be cast within a set amount of time, or for the same subject. The call is based on a simple numeric count with the foresight that there will always be individuals and groups to make excuses to prevent a convention in order to capitalize on their own interests. The legality is an objective numeric count because the letter of the law embodies the spirit of the law, that it is a right to propose amendments when the Congress fails. A recent database confirms as public record that the states have satisfied the convention clause of Article V. Whether one thinks a convention a good idea or bad idea is irrelevant, the issue is legal, not political. That's where the office of County Sheriff comes in. Not only did it come to the attention of this office that members of the 113th Congress are involved in criminal activity in violating the Constitution, it also discovered the issue has been taken up through the federal system to the Supreme Court, and all legal remedy has been exhausted.

The oath of office does not come with an instruction manual. In acting to protect and defend the Constitution of the United States, this County Sheriff arrested a member of Congress, in order to alert the public that the Congress is preventing the Constitution from operating as intended. The Congress is denying the right of the People to find common ground for amendment proposals. Any fears one may have of a federal convention are without basis. A convention is nothing but a public examination of our highest laws, and requires a super-majority of states for a proposal to become law. The principle of a super majority of 3/4 for ratification makes it mathematically impossible for the People to harm themselves in the process. Unless you fear discovering what 75% or more of the People agree on, in which case, you're in the wrong country. This country and this county are founded on the principle of government for and by the People. The Article V Convention is how we're meant to find common ground in times of crisis, and members of Congress are involved in criminal activity by preventing it from happening. We will detain this member of Congress until the 113th Congress issues the call for the Article V Convention. In the meantime we encourage other County Sheriffs to also arrest any member of Congress, on the same basis, and join us in this action to protect and defend the Constitution of the United States.