- Law Cases
by JB Williams, ©2011
(Oct. 24, 2011) — As conditions in America worsened over the last few years, in particular the time frame since an illegal and unconstitutional man from nowhere with a blank resume seized the White House and started installing unvetted and unelected Czars at the helm of the people’s government, I heard the same single question asked over and over again with increasing regularity and desperation – “Where’s our military and law enforcement? Isn’t anyone who took an oath to protect and defend against all enemies, going to do something?”
Amid an endless stream of conspiracy theories, a real conspiracy was underway and well-founded concerns for the true state of our union led many to one question surfacing repeatedly with increasing anxiety – “why are our soldiers allegedly fighting for freedom and liberty abroad while we are being stripped of our freedom and liberty at home? Why isn’t anyone doing anything to stop it?”
It’s quite clear that our nation is speeding towards the cliff. Even after the Tea Party success in the 2010 mid-term elections, the rush towards the cliff is only accelerating. Totally shut out from the legal system with no political solution in sight, what started out as an obvious question was fast becoming a national plea for men and women who had taken an oath, to stand up for the American people and live by that oath.
The Oath for Enlisted Service Members
“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
What if the orders of an illegal President are at odds with the orders of officers appointed over the enlisted?
The Oath for Officers of the US Military
“I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.” (DA Form 71, 1 August 1959, for officers.)
Note that unlike the enlisted oath, the language requiring one to follow the orders of the President is missing from the officers’ oath. An officer has a sworn duty to the Constitution of the United States with no stated loyalty to the President of the United States, just in case we ever have a President who is himself, a domestic enemy.
When the orders of a President are at odds with the orders of the Commanding Officer, the enlisted must decide which orders to follow, which orders are legal and constitutional. While every officer is sworn to protect and defend the Constitution alone, each enlisted is faced with a dilemma – following the orders of the President, or the orders of their Commanding Officers.
Such would be the case if a domestic enemy in the White House was to ever order American troops to guns on American citizens, which is only legal in a true “state of emergency.” Of course, a domestic enemy operating from the White House, has the power to create a “state of emergency” and many are speculating these days that this is exactly what Obama and his Czars are doing.
The Oath of Congress
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”
The Oath of Justices and Judges
“I, ________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ________ under the Constitution and laws of the United States. So help me God.”
Once again we see that Congress, Justices and Judges do not swear any oath of loyalty to a sitting president and there is a reason for this. This is due to the three branches having separate and equal powers under the Constitution.
The Oath of Every Federal Employee
“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” – 5 U.S.C. §3331
Note that every federal employee also takes a civil servants oath, not to whoever might be president at any given time, but solely to the United States Constitution. Like Military officers, there is no conflict of loyalty in their oath. They have but one obligation, and that obligation is to uphold and defend the Constitution against all enemies, even if that enemy resides in the people’s White House.
Notice something else in common with every oath — they all end with “So help me God.”
Every member of Law Enforcement also takes a similar oath to protect and defend with no allegiance to whoever might occupy the office of president at any given time.
Violating Their Oath
Our Federal Government currently has more than 21 million employees (aka civil servants). All of them have taken one or more of the above oaths. Refusing to live by their oath places them in direct violation of their oath, in every case.
Violating their oath is not just cause for immediate dismissal and removal from office, it is a federal crime.
Federal law regulating oath of office by government 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 the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government”.
Where are our soldiers on the matter?
A veterans groups called The Veteran Defenders of America has now answered that question. In a documented Call-to-Action titled a – A Declaration to Restore the Constitutional Republic – former Military and Law Enforcement Officers have come together to demand that all oath-takers immediately execute their oaths in preservation of the Constitutional Republic.
At present, every member of the Military, Law Enforcement, Justice, Congress and federal employment is in direct violation of their oaths. As they stand idly by allowing an anti-American transformation of our constitutional form of government, they do so in direct violation of the oaths they have each taken. This is not just an act which justifies their immediate removal from office — it is in fact a federal crime punishable by extreme measures.
As a result, an undisclosed number of veterans across the country have joined forces to demand that every individual who has ever taken an oath to the Constitution immediately and without reservation, begin to adhere to that oath.
They have put out an open Call-to-Action for every oath-taker and every true American patriot to join them in Washington D.C. on Veterans Day, November 11, 2011 at the Washington Monument to demonstrate the will of the people and the resolve to protect and defend our Constitution and the free Republic for which it stands.
Those who refuse to live by their oath will confirm their intent to continue violating their oaths.
As you would expect – forces in the country and in particular on the Internet have worked around the clock to keep word of the veterans’ declaration from reaching critical mass. Only a few online publications have mentioned the event and no main stream media outlet or personality has uttered a word in support of these veterans. They do this at their own peril, as John F. Kennedy stated so well years ago – “Those who make peaceful revolution impossible will make violent revolution inevitable.”
The veterans have set a course to peacefully restore the Constitutional Republic, going so far as to release a Code of Conduct for participants in the 11.11.11 event at the Washington Monument.
America can be protected and defended, and restored to a Constitutional Republic peacefully, but only if all oath-takers immediately begin to act on their oaths. That is a really big if…
To date, there are no signs that anyone in Washington D.C. intends to keep the oaths they have taken to the Constitution and the people of the United States. Instead, they seem quite disinterested in protecting the Constitution and are instead, directly engaged in subverting every principle and value stated in all of our founding documents.
The current call by veterans to alter that course may be the last peaceful means available to the people of the United States. After November 11, 2011 – if all oath-takers refuse to act upon those oaths, in the interest of the Constitution and the American people, there will be no peaceful solutions left to consider.
What if oath-takers refuse to keep their oaths?
The American people are key to the questions with no answers…
Thousands of participants on November 11th will have little or no real impact. But millions of participants can indeed change the course of history and they can do it peacefully if they do it soon, say, November 11th.
But once again, that’s another big if… Now that the soldiers have drawn a line in the sand and taken a firm stand, how many so-called patriots are ready to stand with them?
We will get the answer to that question on November 11, 2011. May God bless their efforts and have mercy on a people unwilling to stand with them.
Meanwhile, the veterans have established a citizen lobby opportunity where citizens can send information on their Declaration directly to elected officials at no charge. A sample copy of the message is available here and everyone can send it to your elected officials here.