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: ...to
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.
ARTICLE III,
LEGISLATURE:
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.
ARTICLE IV,
EXECUTIVE:
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.
These occurrences
are more dangerous to our way of life, than any belligerent country or terrorist
attack. THERE MUST BE AN OUTCRY FOR THOSE INVOLVED TO BE IMPEACHED, TRIED, AND
PUNISHED FOR THIS THE MOST SERIOUS OF ALL THREATS TO THE CITIZENS OF THESE
STATES UNITED!!! PLEASE, GOD FORBID, THE NULLIFICATION MOVEMENT SHOULD
FAIL!!!
LET'S GET
OFF THE KOOL-AID, AND BACK ON
THE LAW!!!
