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Tuesday, June 11, 2013


 By: John Baptist Kotmair, Jr.
The only real possibility of saving our Constitutional Republic, outside of the unthinkable, and in my opinion, unwinable violent counterrevolution, is the present growing movement for Nullification, (refusal to enforce or obey an unconstitutional law).
I have been watching State Nullification spark and re-ignite the Torch of Liberty with great interest, because in reality it is the only peaceable way to end the present growing Police State. Yet, as thrilling as is this history-in-the-making, there is the ominous danger of push-comes-to-shove hostilities. After all, you cannot expect the central banking cabal − that spent the last 152 years working to undermine the Constitution with seditious legislation, made possible in part by various false flag events − to allow this Nullification movement to gain ground. Amazingly, these seditious acts went unchallenged by complacent Americans, but the old refrain “it cannot happen here” is growing fainter every day.
The obvious central figure in this Nullification movement is the county sheriff, the actual defender of citizen's unalienable Rights against tyrannical attacks from whatever front. On June 4, 2013 Sheriff Nicholas Lee Finch, of Liberty County in Florida, was arrested for doing his job and upholding his Oath of office, being the victim of a seditious criminal conspiracy committed by the county's Circuit Court Judge Jonathan Sjostrom and Tom McGraw, Inspector for the Florida Department of Law Enforcement. Also, by an act of omission Florida's Governor Rick Scott is complicit in that instead of ordering the arrest of Sjostrum and McGraw, he merely appointed Carl Causey interim sheriff. Once sworn in, Causey, under his Oath of Office, had the duty to arrest those involved in this criminal conspiracy, or be complicit in it. So far there is no report of his taken any action to enforce the law.
In his Affidavit of Probable Cause, submitted to Judge Sjostrum, McGraw alleged that Sheriff Finch committed a felony by releasing Floyd Parish who was arrested by one of the Sheriff's deputies for carrying a concealed firearm. The affidavit went on to say that after Finch was notified of the arrest by Parish's brother, he accompanied the brother to the jail and released Parish, removing all records of the arrest, thus committing the alleged felony, according to McGraw.
The Second Amendment to the United States Constitution states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The three defining legal terms in the Second Amendment are found in American Dictionary of the English Language, Noah Webster 1828, the dictionary source at the time of the writing of the Bill of Rights:

KEEP: To hold; to retain in one's power or possession; not to lose or part with; ...

BEAR: bear, carry, bring, sustain, produce, bring forth;...

INFRINGED: Broken; violated; transgressed.

Thus, the arrest was made enforcing a act of the Florida Legislature that conflicted with a Right secured by the Constitution, and being unconstitutional, by law, it did not exist, and the person arrested, Floyd Parrish, was not subject to the arrest.
In the Affidavit of Probable Cause submitted to the Circuit Court, McGraw states in various paragraphs that he was informed that Sheriff Finch stated he was supporting the Second Amendment by the action he had taken to set free a citizen arrested for carrying a concealed firearm. Thus giving evidence that McGraw had foreknowledge that he was committing a seditious act against the Constitution. Instead of Sjostrom rejecting the application for the warrant due to the documentation of Constitutional violations, his issuance of it is evidence of his foreknowledge, and thus evidence of his commission of a seditious act.
It has to be assumed that Governor Scott had knowledge of the foregoing when he appointed Causey interim sheriff, instead of taking the proper action to uphold his Oath to protect and defend the Constitution of these States united. When I called Governor Scott's office for comment, I was told that the Governor had nothing to do with the arrest of Sheriff Finch, he merely appointed the interim sheriff. When I asked about his reported firing of Finch, without hesitation I was told that the Governor did not fire Finch that he was merely suspended. But when asked about Scott not taking action against those violating the Constitution, his aide stated “No comment.”
It is to be noted that the action taken by the State officials is based on their "belief" that Finch committed a felony. The leading authority on Sheriffs states:

Anderson on Sheriffs, Volume One, Chapter 1, Introductory:

Section 17. Removal of Sheriff. ¾Due provisions are to be found in the statutes and constitutions of the various American jurisdictions for the removal of sheriff who have committed infractions of law.

Therefore, we must examine the Florida Constitution to see the authority for the removal of a public official who has committed infractions of law.


SECTION 17. Impeachment.

 (a)The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office.

Notice the Office of Sheriff is not listed. In fact, under the Local Government provisions of the Florida Constitution the offices of the Clerk of the Court and Sheriff cannot be abolished.   But they can only hold their office in good behavior. A conviction of a felony is certainly not good behavior, and not being subject to impeachment, is cause for removal.


SECTION 1. Governor.

 (b) The governor may initiate judicial proceedings in the name of the state against any executive or administrative state, county or municipal officer to enforce compliance with any duty or restrain any unauthorized act.

 (c) The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor’s executive powers and duties.

There is no record of the Governor taken any such action, his aid said he suspended the Sheriff, and such authority cannot be found within the Florida Constitution, and as for his appointing an interim sheriff, Section 1 continues:

 (f) When not otherwise provided for in this constitution, the governor shall fill by appointment any vacancy in state or county office for the remainder of the term of an appointive office, and for the remainder of the term of an elective office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election.

There was no vacancy because there was no authority for the Governor to suspend Finch, and he was not convicted of any felony. Wherefore, Finch was unlawfully removed from Office, and the appointment of Causey was without Constitutional authority, he must be made to vacate Finch's lawful Office.
It has to be presumed that an individual taking an Oath has an understanding of the matters sworn to, and for that reason it is without doubt that Tom McGraw, Inspector for the Florida Department of Law Enforcement, Circuit Court Judge Jonathan Sjostrom, Governor Rick Scott, and the alleged interim sheriff, Carl Causey have committed serious criminal acts. Justice requires that they be arrested and tried for knowingly doing so, and that Nicholas Lee Finch be reinstate Sheriff of Liberty County Florida.