First, a little background, a little history of where we came from and who we are. Obviously to some, this first paragraph is from the Declaration of Independence with some slight changes.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.— Such has been the patient sufferance of these Citizens of Idaho; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present Governor of Idaho is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over Idahoans. To prove this, let Facts be submitted using the US and Idaho Constitutions (deferring first to Idaho, many rights mirroring rights found in the US Constitution).
Idaho Constitution and the charges:
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.
- He has ordered us to stay at home, taking our liberty to go where we please.
- He has shut down our businesses, taking our ability to acquire and possess property, to pursue happiness.
- He has alienated us from other inalienable rights seen below.
Section 2. Political power inherent in the people. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the legislature.
- He has violated the equal protection clause guaranteed herein by declaring special privileges or immunities to some individuals and some businesses the he deems essential while cutting off those he deems non-essential.
- He has usurped the inherent powers of the people and exceeded any authority that was or could be granted by them.
Section 3. Guaranty of Religious Liberty. The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions… nor shall any preference be given by law to any religious denomination or mode of worship.
- He has forbidden religious people to worship as they see fit.
- He has prohibited their mode of worship, to meet or gather in their churches as guaranteed by the constitution.
Section 6. Right to bail — Cruel and unusual punishments prohibited.
- He has inflicted cruel and unusual punishments on every single citizen not guilty of any crime.
- He has declared all Idahoans guilty by simply existing, rather than punishing through the proper channels of proving guilt but confined all without cause and without proof, through a quarantine, which usual quarantine is to separate the unhealthy from the healthy, not the healthy from the healthy.
Section 7. Right to trial by jury. The right of trial by jury shall remain inviolate. A trial by jury may be waived in all criminal cases, by the consent of all parties, expressed in open court, and in civil actions by the consent of the parties.
- He has accused all Idahoans of endangering or attempting to endanger their fellow citizens without individual witnesses and without evidence and declared them guilty by their very existence.
- He has violated the right to a trial by jury but presumed all Idahoans guilty.
- He has denied the right to Idahoans to waive their right to a trial by jury without their consent.
Section 10. Right of assembly. The people shall have the right to assemble in a peaceable manner, to consult for their common good; to instruct their representatives, and to petition the legislature for the redress of grievances.
- He has denied the people’s right to assemble in their normal peaceable manners even among their own families who live in separate households.
- He has violated their right to assemble in their places of worship, in their places of entertainment, their places of food consumption, their places of exercise and numerous other ways of peaceably assembling.
Section 13. Guaranties in criminal actions and due process of law. No person shall… be deprived of life, liberty or property without due process of law.
- He has deprived people of property by forbidding the use of their property, having the same effect as taking or depriving property without any due process.
- He has deprived people of their liberty, many of those liberties in aforementioned violations, and even deprived liberty to citizens of other states by requiring a 14-day quarantine of out-of-state individuals, in violation of the US Constitution, Article IV, Section 2, which guarantees “The citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury as evidenced with his continued order of April 15, 2020. A governor whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
We, therefore, the People of the Idaho, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by authority of the good People of Idaho, solemnly publish and declare, That Idahoans are, and of Right ought to be Free and Independent of his unconstitutional and reprehensible orders, that they are Absolved from all Allegiance to him and his orders.
These violations of the inalienable rights guaranteed in Article I, Section 2 of the Idaho Constitution and those guaranteed by the US constitution, are enough cause for the people, as guaranteed, to declare our intent to alter and abolish his authority as is our right. He must therefore immediately resign his position as governor of Idaho, so that a new governor who will not violate the inalienable rights of Idahoans, who will uphold the US and Idaho Constitutions, may be seated.
I like it, I agree with it, so…what are you intending to do with it, as an attorney? Are you moving forward with a legal action on behalf of the people? Or is this just a piece of theater? Please reveal your intentions and what this would require of The People.
While I know that this is Federal law, can you do anything or know anyone who can, in regard to Section 242 of Title 18, which makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States?
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
It would certainly appear that Little’s transgression are being done under the color of law.
100% agree. He has ignored the US and Idaho Constitutions and violated his oath to uphold and defend them. He needs to resign immediately.
Governor Little did not have the authority to close down our state. He was way out of bounds to do what he did, and needs to be held accountable for all the losses that the citizens of Idaho incured Because of what he did!
Open Idaho. I disagree with Brad Little and his communist practice
In my opinion, Governor Little is a tyrant not just to the people of Idaho, but to the nation too by going along with the devious act of the stay at home orders. We are all aware any transferrable disease is an issue as we deal with it every flu season. Brad Little has NO right to enforce laws to belittle and control people in such a way that it harms our economy and it’s people. I back up and stand with all those in favor suing and possibly removing Brad Little from the office as governor of Idaho and any other official who stands with him.
I agree I know some companies that are still working, when others are shut down this is unfair and unconstitutional.
I know people that are still ,going to work while others have to stay home ,very unconstitutional
I work at a drug and alcohol treatment center, which was deemed “essential”. While I’m very passionate about addiction, I do not agree we should have been considered essential workers. I would like to know who decides what is essential and what isn’t. I feel bad for those who lost their jobs and are struggling. I also understand trying to lessen the risk of spreading COVID19. My daughter is a physician that works in a hospital where they have treated patients with the virus. There is no “one size fits all” solution to any of this.
I know people that are accusing people off not staying home ,the same people that are not staying home,because they are essential unconstitutional
My property has been stolen from me ,I cant use it as I see fit ,I’ve owned it for 20 years but I can only stay home and not have people over or gathering very unconstitutional
Michael, Idaho law provides us: “the power to impose and enforce orders of isolation and quarantine to protect the public…” (Idaho Code 56-103 (7). . Quarantine laws have been used throughout US history and have been overseen for hundreds of years by our courts. Common sense tells you the 1st amendment has never allowed assembly at any time and in any place. So how can quarantine & isolation laws suddenly become unconstitutional?
QUARANTINE AND ISOLATION IS ONLY FOR THE SICK TO PROTECT THE HEALTHY MASSES. NOT FOR EVERY MEMBER OF SOCIETY. BET YOU LOVE WEARING YOUR MASK AT COSTCO FOOL. PAY ATTENTION.
Have you read the constitution. How about the right to be secure in your property, protection from illegal search and seizure and lastly the right to move freely. Get a pocket constitution and educate yourself.
We have never quarantined the healthy! This cannot be allowed to be set as precedent. It is common sense to quarantine the sick, not the healthy.
Thank you! It’s a most dangerous precedent that’s been set, an over reach by this governor. So arbitrary in the execution of his rule(s).
He is treating little city’s like big city’s, little cities our small rural take care of them selves, we don’t need him telling us how to do it. He has no rights to force us into our homes. We’re smart people. We’re the legs holding him up. I say if he does not realize this let’s drop him on his ass. We have the power. I bet he hasn’t went without a pay check.
How can we pursue this? I missed the deadline for the recall signatures. I’m sick of this communist take over from within.
I agree completely, our constitutional rights and therefore our freedoms have been denied long enough especially due to the recent events in Moscow, Idaho.
This is an email I sent to ISP Colonel Wills hoping he would consider my words.
Colonel, my name is David Hoffman and I live in (deleted). I wanted to express to you my concerns of what I am witnessing regard the Little State Order with people staying at home and businesses now closed.
Please allow me to share with you a phone call I had with the Governor’s office a few weeks back.
My first comment to them was the Order put out by Little was not lawful. Before I could explain my alleged legal stance it was explained to me Wasden got together with Little and they used the Idaho Constitution coupled with Idaho Code regard some emergency act as authority for their Order.
I advised I did not care about their alleged authority because everything they did was a violation of the U.S. Constitution.
Of course we all know that Wasden and Little both held their hands up and swore to uphold the U.S. Constitution as a contingency on taking their job. As an ISP Colonel, we know you did as well. So with that thought I would like to point out a few things and appreciate your patience with me.
What Little did was a violation of the 5th Amendment for lack of Due Process when Little failed to inform each citizen individually as to how and why he was taking people’s civil rights. Each Idaho citizen is entitled to a hearing to address anyone making a complaint that a right is being sought for abrogation. A person is allowed by law to defend themselves on such a matter. This is a fundamental right. This did not occur. Please know there is not a person on this Earth who has the power to take anyone’s rights. The government did not supply the rights and has zero authority to take them.
It is also observed Little violated all person’s in Idaho 1st Amendment right for lack of freedom to assemble. They were not allowed to assemble on public domain owned by the citizens. They were not allowed to assemble in a church. On that note a second count of a crime is committed when people were also violated regard the 1st Amendment for not being allowed their freedom of religion and to assemble therein.
It is noted all person’s in Idaho had their 14th Amendment right violated on two counts. The first being their 5th Amendment right was violated for lack of Due Process which constitutes lack of equal protection under the law. In a general observance, other counts can be added for each and every right violated by Brad Little.
We find violations of telling people their right to work was gone or suspended. Little has zero authority to Order such a thing.
We know from countless volumes of case law, this argument is sound when as an example we look at Marbury vs. Madison which states if a governmental entity passes a code or statute or in this case an Order, that violates the U.S. Constitution, such ordinances have no power of law and can be ignored with impunity which is equal to say, the courts have ruled one can not be punished for ignoring such language.
Today I watch as ISP is threatening people with fines and other sanctions such as taking governmental permissions also referred to as license if they open their business. It is here I would like to caution ISP and ask you to very carefully consult with your attorneys to see if what I divulge is worthy of consideration. Right now I would tell you ISP is committing literal felony crimes against Idaho citizens and hope you will carefully examine my next words.
United States Code Title 18 which is the criminal code at section 242 will demonstrate what you are doing is committing crimes. I am going to attach a rendering of that code and section for your review.
Please know I fully understand you are an extension of Little’s Office. If he makes comment or Order, you follow and enforce. I simply would caution you, are his words lawful? I have no idea if Little will be sued for his unlawful actions. If he is, I would expect ISP would be named as well. That should offer you no concern because your job is to follow Governor’s Orders and his will. I do not see any judge holding ISP liable for following orders. But what about the people you swore personally you would protect within the boundaries of the U.S. Constitution? Will you honor your oath?
A side note please.
My girlfriend is a long haul truck driver. She drives through ID. OR. and WA. Mostly she carries food products and often she carries various meat products from their source to the processing plants. She also carries Agriculture. Her loads in the last month have dwindled to only 2/3 of what they once were. That means she delivers only 2/3 of said products to processing plants and they put out only that much as well. This is occurring because the restaurants are not open. Day by day trucking companies are closing down. With that everything you ever buy from a store is going to stop coming if this madness does not stop. Soon the processing plants will close their doors as they can not financially survive. The day that happens, you and I go back to Daniel Boone days. Your family is going to be effected just as everyone else.
When you approach a store with warnings containing Idaho Code suggesting they are violating said codes, I am arguing these codes have no lawful value as the actions in the code violates the U.S. Constitution. Your warnings are actually threats as you tell people they will be punished if they do not comply. These threats are literally by law an assault. I am saying your delivered words have zero value according to case law I have read, and you are committing literal crimes against citizens by violating USC Title 18 Sec. 242 (see attached)
I am asking you to consider my words and not threaten law abiding citizens. I am asking you to keep your oath of office as it is vital to the safety of all people.
Please note as you read USC Title 18 Sec. 242 I have added words you are familiar with. The words are ASSAULT, AGG. ASSAULT, KIDNAPPING, BATTERY.
I define those words and my mind sees in a situation of police action, all of these crimes could in fact be committed if ISP actually moves to arrest someone for enjoying their protected rights.
I pray your Wisdom will consider my words to see if you are receiving lawful orders from your Commander, that being Governor Brad Little.
Thank you for your review
Regards.
David Hoffman
cc:United States Attorney General Barr
SUMMARY OF UNITED STATES CODE TITLE 18 SECTION 242
Section 242 of Title 18 makes it a felonious crime for law enforcement acting under color of law to willfully deprive a person of a right or privilege protected by the U.S. Constitution or the laws of the United States.
Examples of civil rights would be the right to assemble. The right to have freedom of religion. The right to travel on all roads and carry one’s belongings and property. The right to work. The Bill of rights may be reviewed for all examples.
Persons acting under color of law in the meaning of this statute are police officers, prison guards and all other law enforcement officials as well as judges, care providers in public health facilities, and others who are acting as public officials.
The offence is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury if any.
Whoever under color of law, statute, ordinance, regulation or custom willfully subjects any person in any State, Territory, Commonwealth, or District to any deprivation of any rights, privileges, or immunity 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 injure results from the acts committed in violation of this section or if such acts includes 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 violations of this section or if 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, as for life or both or may be sentenced to death.
ASSAULT is defined as a threat of harm.
AGGRAVATED ASSAULT is defined as a threat with intent to carry out such assault with a weapon or implement which can kill or maim.
KIDNAPPING is the physical moving of a person to a location against their will.
BATTERY is defined as touching a person against their will.
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Most people’s belief system is based on what someone else told them.