Florida
Sheriff unlawfully removed for respecting the Constitution
IS
AMERICA DRUNK ON KOOL-AID?
“In
my personal opinion he was doing his job and people didn’t like it.”
- Liberty County resident Samuel
Coover
Sheriff Nick Finch, Liberty County, FL
By: John Baptist Kotmair, Jr.
The only real possibility of
saving our Constitutional Republic, outside of the unthinkable, and in my
opinion, unwinnable 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
Sjostrom 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 reinstated 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!!
_____________________________________________________________________
Liberty County,
FL Sheriff Arrested
Nick
Finch was arrested for misconduct and suspended from office yesterday. Sheriff
Finch was arrested Tuesday. Agents say Finch altered or removed official
documents and ordered corrections officers at the Liberty County Jail to free a
man who had been arrested on gun charges.
FDLE says the official misconduct charge is a third degree felony
punishable by up to five years in prison if convicted.“It could go from the fact that he could … all the way from he’ll lose his job and his law enforcement certificate to he could be reinstated,” Bailey said.
The governor appointed FDLE agent Carl Causey as interim sheriff for the next 30 days.
Investigators say back in March, a Liberty County Sheriff’s deputy made an arrest on a resident there for carrying a concealed firearm. FDLE believes shortly after the arrest, Finch released the suspect from jail, then altered or destroyed paperwork from the arrest.
Liberty County resident, Samuel Coover: “Since he’s considered what people consider an outsider and not from Liberty County, that they finally railroaded him out. In my personal opinion he was doing his job and people didn’t like it.”
The sheriff declined to comment, but his attorney Jimmy Judkins had this to say:
“The records at the jail show exactly what happened in this case and the records speak the truth. The sheriff looked at the facts and said ‘I believe in the second amendment and we’re not going to charge him.’ That is not misconduct at all. That is within the Sheriff’s prerogative whether to charge someone or not.”
Finch is being charged with one count of official misconduct. He was released shortly after he was arrested on his own recognizance.
http://tallahasseeo.com/2013/06/05/liberty-county-sheriff-arrested-arrest-warrant-attached/
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