Brief
Explanation of Why a FOIA Request
Alaska State
Troopers
There have been many
incidents endangering the lives of both the people of Alaska and Alaska State
Troopers (AST) in the Mat-Su Borough requiring answers to questions of who or
what are the AST and are they accountable to people of Alaska for their
actions. If they are not accountable to
the people of Alaska, why not? What can we do to assure that the AST are
accountable to each Alaskan if the AST violate the law or our rights?
Pursuant to Captain Savage
of the AST [recently retired – Police Chief of Wasilla] and other AST
management, there is no recourse by the people of Alaska when the AST violate
the law and violate our rights secured in the Constitution’s except to file a
law suit in court. As most of the
people of Alaska have neither the financial means or expertise to file their
own litigation, the AST can and does operate with impunity and are not
accountable to the people of Alaska.
This is not an acceptable situation that the AST are not accountable to
every Alaskan if they violate the law or our rights. It also is not acceptable that we are barred from obtaining
accountability because of the lack of financial funds to obtain justice. No person is above the law in Alaska, be he
AST or the people of Alaska!
Peace officers such as a
Sheriff would have the following: 1). the Sheriff would have an Oath of Office
as a public officer under public seal in a public forum for inspection, 2). the
Sheriff would have a Certificate of Election – being elected by and accountable
to the people of Alaska, 3). an Official Bond – being highly bonded by his
personal assets, 4). be accountable by either recall or impeachment by the
people for nonfeasance, misfeasance or malfeasance, and ouster from office by quo warranto if the Oath, Certificate,
and Bond were not accomplished before entering the duties of his Office. None of these options are available
concerning the AST.
Complaints have been filed
with the Assistant District Attorney (DA) in Palmer, and even with an Order
signed by a magistrate of the Palmer Court on the violation of due process of
law by members of the AST, the DA refuses to prosecute. Again the AST is protected and not
accountable to the people of Alaska. We
are without a remedy.
Within
the lawful government of the State of Alaska, as all other of the several
States and the United States, there are only two types of people in the
government.
The first is a “public officer”, which is a person that is authorized and empowered by the people to exercise some of the sovereignty of the state over our life, liberty and property. This public officer has discretion within the limits of this authorized and empowered office. To assure that these people are properly authorized and empowered by the people of Alaska, the following items must be accomplished before entering the duties of their office. These items must be in a public forum for inspection by we the people.
1. Oath of Office as a public officer of the State of Alaska under public
seal. As the United States of
America is an Oath swearing nation, this is our highest form of assurance that
the person is bound by the our organic law, including the Constitution of the
United States.
2. Certificate of Election or Civil Commission under public seal. The Alaska State Troopers are not elected by
the people, but purportedly appointed, therefore that must have a Civil
Commission from a public officer of the State of Alaska to authorize and
empower them. This Civil Commission is
very similar to the document that all Notary Public’s have from the Lt.
Governor that will always be displayed where the Notary Public notarizes
documents.
3. The Official Bond is like a performance bond used by contractors
and has the same purpose to assure performance of the public officer to the
people, the Constitution, and the duties of their office. It is also a financial assurance that the
public officer will not deprive us of due process of law and violate our rights
secured in the Constitution. The public
officer will place some of their personal assets in the form of an official
bond payable to the State of Alaska, it is specifically for the benefit of the
people of Alaska if this public officer should damage us in some manner by
their actions or lack of their action.
Public
officers of the State of Alaska include, but not limited to the Governor, Lt.
Governor, Legislators, Judges, Justices, Anchorage Policemen, Alaska State
Troopers, Mayors of cities, Assemblymen, etc.
The
office that they enter must be created by the Constitution or by the
Legislature, and it is not mere employment.
It will have a term of office along with specific duties of one of the
three branches of government, being executive, legislative, or judicial.
The second is a “public employee”, which is a person that has only ministerial
duties. They are not authorized or
empowered to exercise any sovereignty of the state over our life, liberty, and
property. They have specific duties for
their job and they have supervisors that monitor their actions. They can not be impeached, recalled, or
oustered from office, as there is no “office.”
As the
Alaska State Troopers to date have refused to supply any documents
demonstrating that they are authorized or empowered to act over life, liberty,
and property, this raises extremely serious questions of why they won’t and are
they actually authorized and empowered to be public officers of the State of
Alaska.
The
judges, Justices, and Magistrates are to be appointed by the Governor of the
State of Alaska. The Oath of Office,
Employee Affidavit, Civil Commission can be validated at the 4th
Avenue Alaska Court System Administration building directly across from the new
Court building between 3rd and 4th Avenue in Anchorage,
Alaska.
The
Judges, Justices, and Magistrates (Magistrates) all have employee affidavits as
public employees of the State of Alaska.
This negates them being public officers of the State of Alaska. The employee affidavit is labeled as an
Oath and a second Oath is also taken by the Magistrates as a deception for the
Oath of Office of a public officer. The
true Oath of Office of a public officer of the State of Alaska is found in
Article XII section 5 of the Constitution of the State of Alaska and it is in
quotation marks and can not be changed except by amendment. There are 41 words in this Oath and no
Magistrate has this exact Oath of Office as a public officer of the State of
Alaska.
The exact
words are as follows from Article XII Section 5 of the Constitution of the
State of Alaska:
All public officers, before
entering upon the duties of their offices, shall take and subscribe to the
following oath or affirmation: "I
do solemnly swear (or affirm) that I will support and defend the Constitution
of the United States and the Constitution of the State of Alaska, and that I
will faithfully discharge my duties as . . . . . . . . to the best of my
ability." The legislature may prescribe further oaths or affirmations.
[Emphasis added]
The lower
courts being the District Courts and Superior Courts have one style of the
deceptive Oath of Office and the Supreme Court has another version of deceptive
Oath of Office. They have changed the
words around and the punctuation. The
Oath of Office will not show the source of the Oath being the
Constitution. They will use O A T
H O F O F F I C E, with spaces between the letters of the words
and underline the letters. This does
not spell words, another deception.
The words
used by John Reese are as follows:
“I,
JOHN REESE, do solemnly swear that I will support and defend the Constitution
of the United States of America and the Constitution of the State of Alaska and
that I will faithfully discharge my duties as a judicial officer for the State
of Alaska to the best of my abilities.”
There are many deceptions in this Oath. The name “JOHN REESE” isn’t in the public officer oath mandated. They have changed the “Constitution of the United States” to the “Constitution of the United States of America” and this is totally incorrect. The duties are as a “judicial officer for the State of Alaska.” This is not an “office” for a “judicial officer for the State of Alaska, and it should read “judge of the superior court.” The “for” in this clearly demonstrates that the “judicial officer” is working for the State of Alaska, just as if the prosecutor is a ‘Prosecutor for the State of Alaska.” The judge is by the Law to be impartial and not a working “for” the State of Alaska.
All
judges are members of the Alaska Bar Association and the act creating the Bar
specifically in chapter 196 section 4 of year of 1955 states that no judge in a
court of record can be a member of the Bar.
Another illegal act by all of the Magistrates.
The
Official Bond that the Magistrates purportedly have is found in the Alaska
Rules of Court in the Administrative Rule 34, which is a mere Employee
Dishonesty Bond only for the protection of the State of Alaska for its employee
stealing from the State of Alaska.
Another deception.
The only
Civil Commission that we have evidence of is for Jay Rabinowitz, who is a
deceased Justice of the Supreme Court of Alaska. None exist for any Magistrate today mandated by law to be
accomplished by Governor Tony Knowles.
Letters exist congratulating the Magistrates, but they are not even
signed by the Governor. Another
deception.
Impersonating
a public officer is a misdemeanor charge and is found in Alaska Statutes.
There are many problems with the Constitution of the State of Alaska, but the scope here is why the Lt. Governor and other public officers (sic) will not provide a certified copy of the Constitution of the State of Alaska. What is not taught is that the Constitution of the State of Alaska is two separate documents with two preambles. Article XV contains a second preamble and when Alaska became a State, Article XV was to be removed. This has never happened. The ramifications are tremendous as the laws of the Territory of Alaska and capital of the State of Alaska are contained in Article XV. So the question is are we a State? If the answer is yes, then what is the status of Article XV? No one will answer this very important question. You can find information in the constitution minutes and in the case of Starr v. Hagglund, 374 P.2d 316, 1962.
Alaska State Troopers | Lt. Governor | Governor | Judges | Dept. of Corrections
You can e-mail ralph@jusbelli.com for a copy.