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#NDAA Action Alert~Lane County BOC Voting on Ordinance Options for #Oathkeepers

9/7/2014

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Picture
Calling all Oath Keepers
Support Lane County Ordinance Against NDAA 2012 and the unconstitutional provisions 1021 & 1022 which allows government to detain Americans without due process of the law for any reason.
Tuesday, September 9th at 9:00am in Harris Hall 125 E 8th Ave., Eugene, Oregon

 Those coming from northern Oregon, we will meet at the Original Breakfast restaurant in Albany at. 7:50 am sharp and leave at 8am sharp.
Please read the below info and send emails to the Commissioners to show your support for the ordinance:

Dear PANDA~Oregon Supporters,

I met with Lane County’s Vice Chair Commissioner Faye Stewart on Tuesday, where he told me that Steve Dingle, the county’s legal counsel, will be presenting his analysis of the proposed ordinance (RCGO) at this upcoming September 9th BCC meeting. I have submitted 2 pages of legal clarifications addressing the concerns previously made by the county’s legal counsel to the Commissioners. Faye Stewart and Jay Bozievich have both forwarded these clarifications to Steve Dingle for review and consideration. After Mr. Dingle’s presentation of his analysis of the RCGO at the upcoming BCC meeting on Tuesday, September 9th, he will make several recommendations for the commissioners to choose from. These recommendations will roughly include the following:

1) Have a vote to pass the ordinance as it stands

2) Continuing to work on drafting an effective ordinance.

3) No further action at this time (kills any progress on the ordinance!)

Three votes are needed from the Commissioners to approve one of these options. PANDA~Oregon would accept either of the first two options. Option 3 would kill any chance for an ordinance dead in its tracks, and it would be very unlikely they’d spend the time to review another. I’m recommending that everyone e-mail the Commissioners asking them to “pass an ordinance that prohibits the utilization of the law of war in lane county authorized by the NDAA”.

The Commissioners:
i. Jay Bozievich – Jay.Bozievich@co.lane.or.us

ii. Sid Leiken – Sid.leiken@co.lane.or.us

iii. Pete Sorenson – Pete.sorenson@co.lane.or.us

iv. Pat Farr – Pat.Farr@co.lane.or.us

v. Faye Stewart – Faye.Stewart@co.lane.or.us

I’m also asking that all of those who are willing and able to come to this Tuesdays, September 9th BCC meeting at 9:00 am, to join me in solidarity and for additional public comments, emphasizing the importance of the ordinance and requesting that progress on its passage continues. Contact me if you want to speak during the public comments section and want any guidance in what to say.

Please review my legal clarifications that I have posted below so you can be aware of any misleading or hollow arguments that may be made by the legal counsel during their analysis. Depending on all your support and action before and on Tuesday, September 9th at 9:00am in Harris Hall (125 E 8th Ave., Eugene), it may be the final stand against the unconstitutional provisions of the 2012 NDAA in Lane County. Thanks again for all of your support and action over this past year and lets continue our legal fight to restore our Constitutional governance, defend our local sovereignty, and to protect our Constitutional rights.

P.S. Please forward this letter to all those who may be interested.
Colin Farnsworth

PANDA ~ Oregon State Coordinator
Oregon.Against.NDAA@gmail.com

Legal clarifications are below:

Legal Clarification 1/2

Overarching Question:  How will someone know they’re breaking the law under the RCGO?

1a) Ordinance Text: Prohibition of the Laws of War in Lane County

(1)a. arrest or capture any person in Lane County, or citizen of Lane County within the United States, with the intent of “detention under the law of war,”
1b) Question Response: All persons must question and be assured that any “arrest”, “capture”, or “detention” is valid, officially warranted, and has and/or will follow the legal civilian criminal due process outlined by ORS Chapter 133 — Arrest and Related Procedures; Search and Seizure; Extradition, or other sections of ORS as applicable, as well as the expectations of due process under the U.S. and Oregon Constitutions.

2a) Ordinance Text: Prohibition of the Laws of War in Lane County

(1)b. actually subject a person in Lane County to “disposition under the law of war,”
2b) Question Response: All persons must question and be assured that civilian criminal due process is and/or will be followed, outlined by ORS Chapter 133 — Arrest and Related Procedures; Search and Seizure; Extradition, or other sections of ORS as applicable, as well as the expectations of due process under the U.S. and Oregon Constitutions. Any implementation/disposition of the “law of war” in Lane County is unconstitutional with the lawful exception of those serving “in the land or naval forces, or in the Militia, when in actual service in time of War or public danger” (Ex Parte Milligan, 71 U.S. 2, 1866).

3a) Ordinance Text: Prohibition of the Laws of War in Lane County

(1)c. subject any person to targeted killing in Lane County, or citizen of Lane County within the United States,
3b) Question Response: All persons must question and be assured actions have not and/or will not lead to “target killing” and any application of physical/deadly force strictly follows the civilian criminal due process outlined by ORS Chapter 161 — General Provisions: Justification 161.190 – 161.275 (i.e. “Use of physical force generally,” “Use of physical force in making an arrest or in preventing an escape,” and “Use of deadly physical force in making an arrest or in preventing an escape”) or other sections of the ORS as applicable, as well as the expectations of due process under the U.S. and Oregon Constitutions.

4a) Ordinance Text: Prohibition of the Laws of War in Lane County

(1)d. assist and/or use any county resources in the implementation of any of the unlawful acts above. 4b) Question Response: All persons must question and be assured that their assistance or use of county resources does not and/or will not aid or assist any of the ordinances prohibited actions that fall outside the guidelines for civilian criminal due process, outlined by the various chapters and sections of the ORS, as well as the expectations of due process under the U.S. and Oregon Constitutions. All Persons requested to assist in anyway the implementation of prohibited actions under this ordinance should also consider to what degree their assistance may be prosecutable by the guidelines of Chapter 161 – General Provision: Criminal Liability; Parties to Crime (i.e. 161.155 Criminal liability for the conduct of another).

Conclusion: "Ignorance of the law excuses no one". Residents and public servants are governed by the same laws and should be equally applied to both whether the individuals care to know about them or not. Public servants, especially those who swore an Oath of Office, should be held to a higher standard of knowing about Constitutional rights and the guidelines for civil and criminal due process outlined in the Oregon Revised Statues, Article Three of the U.S Constitution, and the Constitution of this state. If the ordinance is passed, it is advised that a letter of notification be distributed to all county personnel notifying them of its implications and its importance to protect the civilian due process of all persons in Lane County.

RCGO Legal Clarification 2/2 1) All persons must question and be assured that any information, resources, or support provided to another entity is for criminal/civil due process purposes only, and not for the implementation of the “law of war”. All persons would be prohibited to assist in any policing or extrajudicial policing outside the guidelines of ORS civil and criminal due process procedures, and the expectations of due process provided by the U.S. and Oregon Constitutions.

2) Request for county assistants in providing private/personal information on residents must provide a judicial warrant, and not just an executive authorization.

3) Arrests, capture, detention, search and seizures must be legally warranted and executed by legal federal or local agencies:

i.e. DHS, FBI, ATF, IRS

i.e. not: US armed forces, military tribunals and judicial system (Except service members in time of war. Ex Parte Milligan, 71 U.S. 2, 1866)

4) The RCGO wouldn’t effect any cooperative agreement, grants, or joint task forces, until they began to illegally implement the “law of war”, or bypass the process of civilian due process outlined in the ORS. If sued or stripped of monetary incentives by the federal government, Lane County would have standing for a counter suit proving the “law of war” on American soil.

5) The broadness and flexibility of the RCGO’s definitions, is directly correlated with the broadness and flexibility of the language used in section 1021 of the NDAA relating to the “law of war” and the AUMF. Arguments claiming the RCGO is “facially unconstitutional” would have to be similarly applied to the identical language in section 1021 of the 2012 NDAA.

6) The RCGO wouldn’t breach the parameters of free speech, prohibiting the assistance to any implementation of the “law of war”. Public servants who are often trusted to sensitive and private information concerning residents are often held to confidentiality agreements unless a warrant is received.
--
Colin Farnsworth
PANDA ~ Oregon State Coordinator
Oregon.Against.NDAA@gmail.com
Feel free to contact us at anytime for more information or visit:

1) PANDA ~ Oregon Youtube channel

http://www.youtube.com/channel/UCvVPBv-oZoli5NnE_MC6BRQ

2)PANDA ~ Oregon Facebook page

www.facebook.com/pandaOR1776

3) PANDA’s National website:

www.PANDAunite.org


In Liberty,
Tom McKirgan
Oath Keeper
Southern Oregon Coordinator
"Not On Our Watch"
http://oroathkeepers.org
Related Posts:
NDAA---Lane County Moves to Pass Ordinance Against Federal Indefinite Detention 
SCOTUS---Supremes Refused to Hear Legal Challenges to the NDAA 
NDAA---Lane County BOC Public Hearing & Comments on RCGI April 15, 2014
Oath Keepers Public Meeting in Coos Bay February 22, 2014
TEA Party---Video of Brookings TEA Party January 18, 2014
RCGI---Time to Support Oath Keepers & Make a Public Comment to The World
RCGI---Open Letter to OR State Representative Wayne Krieger
RCGI---Douglas and Lane County Lobby our Senators against NDAA
RCGI---The Jim Bice Radio Show with Stewart Rhodes founder of Oath Keepers 
ATF---It’s time to submit comments on proposed NFA rule changes!
RCGR----The New NDAA will cost YOU $5,700
RCGR---Legislative Defense Manual
If You Value Your Liberties, Stay Out of Coos Bay, Oregon!
RCGR---Coos Bay City Council Rejects Promise of Federalism and Oath
City of Coos Bay---City Council Meeting Votes to adopt RCGR September 17, 2013
RCG Resolution Against the NDAA 2012----Updated 9/7/2013
Obama administration hiding info on targeted killings of Americans - senator
THE U.N. & LOCAL AGENDA 21
THE U.N. & AGENDA 21:

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