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 warrento 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 ousted 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.
Judges, Justices, and Magistrates
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 4`h Avenue Alaska Court System Administration building directly across from the new Court building between 3`d and 4`h 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 MI 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:
"L, 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.
Constitution of the State of Alaska
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. You can e-mail ralph~o,jusbelli.com for a copy.
Alaska State Troopers ( Lt. Governor I Governor I Judges I Dept. of Corrections