RESOLUTION FOR APPROVAL BY NELSON COUNTY BOARD OF SUPERVISORS

WHEREAS, the U. S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to domestic catastrophes among other emergencies, as reported in the Washington Post December 1, 2008; and

WHEREAS, Pentagon officials releasing this information allege that use of military forces in this way is needed “for domestic security”; and

WHEREAS, the use of United States Army soldiers inside this nation for law enforcement purposes is a clear violation of the Posse Comitatus Act and the Insurrection Act, which substantially limit the powers of the federal government to use the military for law enforcement unless under precise and extreme circumstances; and

WHEREAS, Section 1385 of the Posse Comitatus Act states, “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both”; and

WHEREAS, use of soldiers in this way is a step toward putting the United States under martial law; and

WHEREAS, under such a military dictatorship commanded solely by the President any American citizen could be punished, imprisoned or even executed without formal charges being brought against him/her and without a trial; and

WHEREAS, the United States Congress, which is the body lawfully empowered by Article I, Section 8 of the Constitution “to make Rules for the Government and Regulation of the land and naval Forces”, has not taken any steps to authorize such use of our land Forces; and

WHEREAS, should a real tragedy occur, volunteers and already existing state and local law enforcement and aid personnel thoroughly familiar with local problem areas and individuals are fully capable of dealing with such events, as we witnessed on September 11, 2001; and

WHEREAS, the military are primarily trained to kill people and break things, and their role during Hurricane Katrina relief efforts was mainly focused on detaining people in sports stadiums and seizing guns from wealthy home owners in high and dry areas, while real recovery measures were left to volunteers and local and state authorities; and

WHEREAS, deployment of National Guard troops to aid law enforcement or for disaster relief purposes is legal under authority of the governor of a state, but using active duty U. S. Army in law enforcement operations inside America absent conditions described in the Insurrection Act, supra, is completely illegal; and

WHEREAS, during numerous urban warfare drills in the last decade, troops were trained to raid, arrest and imprison U. S. citizens in detention camps as well as taking over public buildings, and during role playing exercises, actors playing prisoners would scream, “I am an American citizen, I have rights” as they were being dragged away by troops; and

WHEREAS, domestic emergency deployment of troops may be just the first example of a series of expansions in presidential and military authority, including an increase in domestic surveillance and a creeping militarization of homeland security as part of a long term agenda to abolish Constitutional rule and establish a military form of government; now, therefore, be it

RESOLVED, that the Nelson County Board of Supervisors declare its strong opposition to emergency deployment of regular U. S. Army troops in Nelson County, in Virginia or elsewhere inside the United States except along this nation’s southern and northern borders for the purpose of stopping illegal immigration; and, be it

RESOLVED FURTHER, by the Nelson County Board of Supervisors that the Chairman of the Joint Chiefs of Staff, the Secretary of Defense and the President of the United States be urged to rescind any orders that have been, or may in future be, given by U. S. Northern Command (NORTHCOM) to active duty Army troops under its command to take up positions inside the United States except for purposes specified supra; and, be it

RESOLVED FINALLY, that the Nelson County Administrator prepare a copy of this resolution for presentation to the Delegate and Senator representing Nelson County in the Virginia General Assembly, to the Member of the United States House of Representatives representing Nelson County and the Fifth Congressional District in Virginia, the two United States Senators from Virginia, the Speaker of the United States House of Representatives, the President of the United States Senate, the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, and the President of the United States, in order that they may be apprised of the sense of the Nelson County Board of Supervisors in this matter.

(END OF RESOLUTION)

AFFIDAVIT “A”

I, Kenneth White, being first duly sworn, declare under penalty of perjury the following:

1. I reside at 93 Shields Gap Road, Roseland, Virginia 22967. I am President of the Virginia Taxpayers Association, founded in December, 1972 by volunteers across the Commonwealth concerned over government spending, taxation, and proper functioning of the governments of Virginia and the United Statea of America under their Constitutions.

2. On the afternoon of Tuesday, January 13, 2009 as the first speaker in the Public Comment segment of the regular Nelson County Board of Supervisors meeting in Nelson County Courthouse, Lovingston, Virginia, I presented to the Board a Resolution for Approval which I had originated, opposing the stationing of 20,000 U. S. Army troops to keep order inside the United States, as reported in the Washington Post December 1, 2008.

3. In presenting this Resolution I said publicly to the Board that use of regular Army troops inside the United States for law enforcement purposes is a violation of the Posse Comitatus Act and the Constitution of the United States and is therefore not legally permissible.

4. I have seen in the official Minutes.of the Nelson County Supervisors January 13, 2009 meeting a copy of the aforesaid Resolution for Approval and the prepared statement I made to the Board in presenting it.

5. Immediately following my presentation during the regular Board meeting, Allen Hale, Chairman of the Board, said publicly, “Thank you for keeping your statement within three minutes, and we will review your Resolution carefully.”

6. On the afternoon of Tuesday, February 10,, 2009 as the first speaker in the Public Comment segment of the regular Nelson County Board of Supervisors meeting in Nelson County Courthouse, Lovingston, Virginia, I presented to the Board a follow-up Statement regarding the Resolution for Approval which I had presented to the Board January 13, 2009. My Statement concluded with these words: “We believe failure by you to approve this Resolution will constitute significant failure by the Board to adequately protect the lives and safety of the citizens of Nelson County.” I then sat down and no member of the Board made any oral comment.. I know that county government rules do not require any Board member to respond orally to Public Comments.

7. I have seen in the official Minutes.of the Nelson County Supervisors February 10, 2009 meeting a copy of the aforesaid prepared statement I made to the Board.

8. On the afternoon of Tuesday, March 10, 2009 as the first speaker in the Public Comment segment of the regular Nelson County Board of Supervisors meeting in Nelson County Courthouse, Lovingston, Virginia, I presented to the Board a second follow-up Statement regarding the Resolution for Approval which I had presented to the Board January 13,, 2009. My Statement made reference to my previous Statement including the following words: “….constitute significant failure by the Board to adequately protect the lives and safety of the citizens of Nelson County.” I then said in part:

“However, members of your Board decided they did not want to place the Resolution on the agenda, so they would not have to vote on it. I believe you are attempting to play games with this matter, in hopes that the whole subject will just go away and be quietly buried……..Right now I can formally advise you that continued failure by your Board to place the Resolution on your agenda will raise the question of whether there is a violation of oaths of office here. I will remind you that upon election you each did take a solemn oath of office to uphold the Constitution of the United States and the Constitution of Virginia. What is the point of your taking such an oath unless you are going to live up to it?

“Federal criminal law is explicit and direct regarding a violation of oath of office by federal officials. The law requires removal of the office holder as well a prison term or fine for the offender. The U. S. Supreme Court said in Cooper vs. Aaron. 358 U.S. 1 78 S.Ct. 1401 (1958): ‘No State legislator or executive or judicial officer can war against the Constitution without violating his Undertaking to support it’.”

9. My Statement March 10, 2009 then concluded with these words: “So that’s where we are. Our final question to you to consider before your next meeting is just this: Do you want to risk a formal charge that you are in fact violating your solemn oaths of office?”

10. I then sat down, and no member of the Board of Supervisors made any oral comment on my Statement.

11. While visiting the office of the County Administrator April 7, 2009, I was informed by the staff aide on duty that a word-for-word copy of my March 10, 2009 Statement is in the official Minutes of the Nelson County Supervisors March 10, 2009 meeting
.
12. Since the Board still has refused to place the aforesaid Resolution for Approval on your agenda, this Affidavit “A” formally declares that Supervisor Allen Hale, Chairman, 3130 Laurel Road, Shipman, Virginia 22971; Supervisor Constance Brennan, Vice Chairperson, 524 Buck Creek Lane, Faber, Virginia 22938; Supervisor Thomas H. Bruguiere, Jr., 187 Jack’s Hill Road, Roseland, Virginia 22967; Supervisor Joe Dan Johnson, 91 Rainbow Drive, Arrington, Virginia 22922; and Supervisor Thomas D. Harvey, 10921 Rockfish Valley Highway, Afton, Virginia 22920 have in fact violated their solemn oaths of office to support the Constitutions of the United States and of Virginia and should be prosecuted in accordance with the laws of the Commonwealth of Virginia.

13. This Affidavit has not been originated out of spite, or in retaliation against any injury, public criticism or ridicule inflicted on me by any member of the Board of Supervisors, since I have not been so injured in any way, but has rather been originated because of my concern as a responsible individual over the lives, personal safety and liberty of citizens of Nelson County.

The foregoing is a true statement, to the best of my knowledge and belief.

Dated______April 9, 2009________________

___(signed) Kenneth White__________
Kenneth White
93 Shields Gap Road
Roseland, Virginia 22967

Sworn to and subscribed before me this ___9th______ day of April, 2009.

My commission expires_____July 31, 2009_______
State of Virginia
County of Nelson (seal) DIANNA B. MILLER
Notary Public
Commonwealth of Virginia
368664

Local government’s lackadaisakle attitude of the unlawful actions by federal elected officials are a detriment to all American citizens.

I have just learned of an important notification delivered by a citizen to the Nelson County Supervisors at their June 9th public meeting. I have not seen it posted here, although comments concerning an earlier (May 12th) Nelson County Supervisors Meeting do reflect all pertinent background information.

The crux of the matter is an allegation of misprision (misconduct in the exercise of office and failure to perform sworn duties) against Nelson County’s officials, including its Board members, Commonwealth Attorney and a sitting judge. Certainly, in light of these serious charges and the implication that local government has abdicated its responsibilities concerning the rule of law and is actually complicit with the national government’s plans to introduce de facto martial law in Virginia, it is deserving of publication in connection with the June 9th public meeting, as a “wake up” call to the citizenry.

I herewith submit this allegation of misprision/notification addressed to the supervisors at their June 9th meeting and respectfully request that it be posted. Thank you.

“Mr. Chairman and members of the Board, my name is Kenneth White, 93 Shields Gap Road, Roseland, and I am President of the Virginia Taxpayers Association.

Since your May 12 Board meeting, Judge Michael Gamble of the 24th Judicial Circuit Court has written me saying he will do nothing about your violations of oath of office and suggesting that I try to speak with Commonwealth’s Attorney Phillip Payne if I want to persuade him to take some action.

Payne, however, phoned me June 4, 2009, telling me he was not going to send this matter to the Grand Jury, so it would not be possible for him to meet with me. He also said he would put this statement in a letter to me, but he never did.

Pretty neat, don’t you think? I’m finished and there is nothing I can do about this situation. Actually the fact is that I now have more ammunition than ever before in this contest you have chosen, and can again tell you as I have in the past, that VTA is able to inform more people every day what is really going on.

You may say, “Well, Mr. White, if you have so much support, how come we’re not seeing crowds of people at our meetings to back you up?” The answer to that is simple: Crowds of people turn out at Board meetings only on pocketbook issues or issuers affecting their immediate environment. But I can assure you that the support we are receiving on the major issues of freedom in our country and the safety of our citizens is tremendously heartwarming, and growing each day.

You have noticed recently that a federal appeals court judge nominated for the Supreme Court has received strong criticism from some quarters. So is a considerably lower state Judicial Circuit judge immune from any and all criticism?

The answer to that is absolutely NOT. Right now I am publicly charging that JUDGE MICHAEL GAMBLE and COMMONWEALTH’S ATTORNEY PHILLIP PAYNE are DELIBERATELY SUPPORTING U. S. GOVERNMENT VIOLATION OF THE POSSE COMITATUS ACT, AND ARE ALSO GUILTY OF MISPRISION, defined in part in Black’s Law Dictionary as (QUOTE) “failure in the duty of a citizen to ENDEAVOR to prevent the commission of a crime” (UNQUOTE). You also need to refer to the case Wryn v. United States, 200 F.Supp. 457 (1961), discussing fully the meaning of the Posse Comitatus Act, which was included in the overwhelming 178-page packet of documents I sent to the Grand Jury foreperson, that Payne did not even want to take a look at.

Do you really think you can play games with public opinion and that supervisors presumably elected to respond to constituents’ views can just keep mum on a vital subject whenever officials think making any kind of statement might be embarrassing to them? Is this representative government?

Are you so blind that you can pretend everything going on in Washington today with all the monumental scandals and power grabs there is completely lawful and has no effect whatsoever on the citizens of Nelson County so you can stay in a small hole where you can hear no evil and see no evil?

If so, you are participating in the deliberate destruction of this nation, and I am telling you again the informed citizens of Nelson County are NOT GOING TO TOLERATE IT.

That concludes my statement.”