February 17th, 2013

New York Peace Officer On Commitment And Oaths


American flag

This letter, from a Saratoga County, New York, Deputy Sheriff speaks of honor, commitment, and respecting any Oath you take. It was sent to Glenn Maine, one of our State leaders. It is placed here with the author’s permission.

What would you say to your children about how to live? I think Deputy David Jones said some important things to his children. - Shorty Dawkins, Associate Editor.

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Glen,

I am not one who seeks or intentionally brings attention to myself. I am one who participates, but does so from the rear of the crowd. My articulation skills are lacking, and in a crowd, I will often pronounce a word with error or stutter through a phrase. I have known the Sheriff of Fulton County for some time now. I call Tom Lorey a friend. I understand and agree with his philosophy and I’m motivated by his passion. I, if allowed, would like to stand next to Sheriff Lorey and do whatever I can to assist in the completion of this mission. I will stand in the shadows no more.

I am an Army veteran and have been a police officer for nearly 24 years. I have taken all my oaths freely and accepted the responsibility of an oath as a promise to those that I serve. In today’s society, it seems that an oath is now nothing more than a ceremony of useless words and phrases which no longer are binding to those who have repeated them. Our Government was formed as a representative government for the people and by the people. Our elected representatives should mirror the beliefs and morality of the people they served. If a representative wanders from those beliefs, they feared the vote of the people. Now it seems the government no longer fears the people. Our government has become a government by the government and for the government. Special interest, and money, bribes if you will, tell many of representatives how they will vote and the will of the people are ignored.

Elected politicians and appointed government figures have been knowingly and intentionally violating law whenever it suits them to push a political agenda. Never let a good crisis go to waste, even when they are told by a majority of the people they represent that their agenda is not wanted. Yet, they will call one of our citizens, who have committed no crime on Tuesday, who is compliance with the laws and openly accepts personal responsibility, a criminal on Wednesday for being in compliance with Tuesday’s law, only because someone rewrote the definition of a term. Now that the executive branch of our federal government has made the Congress powerless through Executive Order and they believe that there is no need for any type of a spending plan to exist, is there any possibly way to hold these politicians accountable since those in Congress appear to be in no hurry or have little to provide except wonderful sounding press releases that never have an action attached to them.

I have been thinking about this for some time and from my recent experiences I believe that I must start with our young citizens. Recently I attended a function at the local High School. My daughter was being inducted into the National Honor Society. The auditorium was full of families and school officials. At the beginning of the ceremony everyone was asked to stand for the National Anthem. I stood, clicked my heels and placed my hand over my heart. I was in horror to see the number of adults who stood but considered it a hassle and did nothing else. I looked up and onto the stage and saw my daughter standing with her hand over her heart and smiling while looking at our Nation’s flag. While some students also had their hand over their heart, I was amazed by the number of students who were standing, but talking to the student next to them, chewing gum or fidgeting around. The High School Principal, who is the leader of the school and the primary role model for these students, was standing front and center of the stage and had her hands behind her back. For a moment I said to myself, “What is wrong with me, I am the one who is out of touch, doesn’t this matter anymore and what has happened to our children?” If I had acted the way some of these young adults were acting when I was their age, I would have been punished by my parents for embarrassing them in public. Citizenship is no longer taught properly in our homes or our schools if it is taught at all. It has become the responsibility of those who still believe that this is the greatest country in the world and it is because of an old piece of paper written a long time ago that makes it that way, to teach this to our young people. I am dedicating myself at this time to help teach our young people the true meanings of our forefathers; I just don’t know how to accomplish this.

Both of my boys as well as I, are Eagle Scouts. I have taught citizenship, national history and flag etiquette to scouts for many years. This is great, except scouting only reaches a small percentage of our male youth. Part of an Eagle Scout ceremony is called the “Challenge”. It is given to a new Eagle Scout by an Eagle Scout and I had the pleasure, honor and responsibility to challenge my sons. I told them that as of this day, they are marked men to everyone who knows them. That minimal effort and turning away from a situation is not acceptable and to never compromise on their personal beliefs and morals. I then led my sons and every Eagle Scout in that room in the Eagle Scout Oath. This Oath as well as many others ends with, “On my sacred honor.” Meaningless words? I think not.

My wife and I have tried, and believe we have accomplished, to teach our children their National heritage and what the meaning of our forefather’s written words actually mean. We have taught our children not to lie. We have taught our children not to steal or cheat or associate with those who do. We have taught our children that morality counts and that there is right and wrong as well as good and evil. The saying in our home is, “Do what you know to be right”, when our children leave our home unaccompanied by an adult. We are all hypocrites in one way or another but we have taught and shown our children that after we are gone, we will only be remembered for our character. Our country is changing at a rapid pace; it seems to be out of control. I do not know how much longer my law enforcement career will last, as I will not violate my oaths because some elected or appointed official does not possess the courage, morality, integrity or guts to say “no” to laws and directives that violate the Constitution of the United States of America. I am asking all of you who read these words not to stand at the rear of the crowd anymore. Let’s all stand together at the front of the crowd with Sheriff Tom Lorey.

Respectfully submitted,

David P. Jones

Deputy Sheriff Saratoga County

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Saratoga Cty NY Sheriffs

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See also:
http://oathkeepers.org/oath/2013/02/04/saratoga-county-sheriffs-association-stands-against-ny-safe-act/




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59 Responses to “New York Peace Officer On Commitment And Oaths”

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  1. 1
    Cal Says:

    Thank you for taking a stand, for trying to show those around you and that you are raising that honor, truth, and morality matters!

    What I think you might need to know, and will feel comforted by knowing, is that the Oath(s) of Office are lawfully required and legally binding. It is NOT “nothing more than a ceremony of useless words and phrases which no longer are binding to those who have repeated them.”

    Like all criminal and civil offenses – if no one holds the criminal(s) accountable, they usually do it again, and even add new crimes to their actions. We are seeing this today with “our” representatives at both the federal and state level. Plus, those serving in the federal bureaucracies are also (should be) held to those oaths they are lawfully required to take, and legally bound by.

    The problem we are having today is that when someone tries to get those criminals held accountable, those in law enforcement or government don’t bother, probably because they have also broken those same laws. {I post these a lot because they are real, unlike what we hear repeated over and over again by the corporate media. Plus, like the lies, misstatements, distortions they say over and over again; if the people hear them enough they will start to believe them – be it lies or truth. THAT is why the truth MUST be repeated many times to counteract the lies, etc spread all over by the media cartel.}

    An Example of this is: Governor Brown of California when notified of Feinstein’s criminal and civil offense(s) has ignored it/them. Yet the law requires her removal from office since she NO LONGER MEETS the LAWFUL REQUIREMENTS OF THE OFFICE SHE IS CURRENTLY OCCUPYING and has committed both a criminal and civil offense against the USA and the State of California as is HIS duty because he is REQUIRED to enforce the laws.

    THIS is a very important question all oathkeepers should ask of themselves: If there were never intended to be action to defend the Constitution from those who are domestically attempting to destroy its power and authority, why would each Oath require it of those who take the Oaths?

    Believe it or not, that question came from the FBI website in 2008/09 before they took it and their definition of a “Domestic Enemy of the USA” off their website.

    “Domestic enemies pursue legislation, programs against the powers of the US Constitution. They work on destroying and weakening the Rights of the People guaranteed by the Constitution. Plus they create laws, amendments, bills, etc that goes against the restraint on the three branches of our government by the Constitution. They are also those who support those in action, or by inaction; vote, voice, money, etc who are going against or trying to weaken the US Constitution and the Peoples written guarantee of the protection of those Rights.”

    Federal law regulating the oath of office by government officials is divided into four parts along with an executive order that further defines the law for purposes of enforcement.

    5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office.

    5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law,

    5 U.S.C. 7311 which explicitly makes it a federal CRIMINAL OFFENSE FOR ANYONE EMPLOYED IN THE UNITED STATES GOVERNMENT to “advocate the overthrow of our constitutional form of government”.

    18 U.S.C. 1918 provides penalties for violation of oath of office described in 5 U.S.C. 7311 which include: (1) REMOVAL FROM OFFICE AND; (2) confinement or a fine.

    The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311.

    Executive Order 10450 provision specifies it is a violation of 5 U.S.C. 7311 FOR ANY PERSON TAKING THE OATH OF OFFICE TO ADVOCATE “THE ALTERATION… OF THE FORM OF GOVERNMENT OF THE UNITED STATES BY UNCONSTITUTIONAL MEANS.”

    Our form of government is defined by the Constitution of the United States; so according to Executive Order 10450 plus 5 U.S. 7311 any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331 which alters the form of government other then by amendment, is a criminal violation of the 5 U.S.C. 7311.

    Article VI, Clause 2 of the US Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    The Constitution of the United States of America IS the Supreme Law of this land, NOT those who serve within the federal government.

    The first law statute of the United States of America, enacted in the first session of the First Congress on 1 June 1789, was Statute 1, Chapter 1: an act to regulate the time and manner of administering certain oaths, which established the oath required by civil and military officials to support the Constitution.

    The wording of the Presidential Oath was established in the Constitution in Article II, Section 1, Clause 8.

    ‘Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”’

    The Framers placed the presidential Oath of Office after the beginning clauses setting forth the organization of the executive department, and before the ending clauses that specify the contours of the President’s assigned power. The President takes the oath after he assumes the office but before he executes it. The location and phrasing of the Oath of Office Clause strongly suggest that it is not empowering, but that it is limiting – the clause limits how the President’s “executive power” is to be exercised.

    The requirement for all Federal and State Civil officers to give their solemn and binding Oath is established in Article VI, Section 1, Clause 4.

    They are bound by their Oath to support the US Constitution, and should they abrogate their Oath by their acts or inaction, are subject to charges of impeachment and censure – political remedy for a political offense; civil and criminal charges.

    “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

    Once given, the Oath is binding for life, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge.

    Solemn: “Legally binding, Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. The other requirement for an agreement or contract to be considered legally binding is consideration – both parties must knowingly understand what they are agreeing to”
    .
    Bound: “Being under legal or moral obligation; to constitute the boundary or limit of; to set a limit to; confine”

    Legally Binding: Common legal phrase. Lawful action, such as an agreement consciously agreed to by two or more entities, establishing lawful accountability. An illegal action, such as forcing, tricking, or coercing a person into an agreement, is not legally binding. Both parties knowingly understand what they are agreeing to is the other requirement to legally establish an agreement or contract.

    Consideration: “Consideration in a contract is a bargained for exchange of acts or forbearance of an act.”

    Require, Requirement, Required: Mandated under a law or by an authoritative entity. “To claim or ask for by right and authority; That which is required; a thing demanded or obligatory; something demanded or imposed as an obligation.”

    Contract: “An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”

    The Framers placed the requirement for “Oaths of Office” in the Constitution. These Oaths are to function as “checks” on the powers of the federal government and protect us from usurpations.
    Each Branch of the federal government has “the check of the Oath” on the other two branches. The States, whose officials also take the Oath of Office, have the same check on all three branches of the federal government. And “We the People”, the “original fountain of all legitimate authority” (Federalist 22), have the Right to overrule violations of the Constitution by elected and appointed officials.

    Webster’s 1828 Dictionary says for “Constitution”: “…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.”
    If any Branch fails to obey the “supreme Law”, then, in order to preserve the Rule of Law, the other Branches, or failing that, the States or the people, must overrule them”.

    Molon Labe! Stay Safe and Detention Free!

  2. 2
    Elias Alias Says:

    Thank you Deputy Jones. You are squarely on target, concerning the disposition of our current culture as it has morphed over the past decades into decadence in many societal segments. Your observations are easily related to by many who read here, so your words will have impact toward the greater good. You are the kind of American I wish all would strive to become. Thank you!
    Salute!
    Elias Alias

  3. 3
    Darin Bowers Says:

    Totally agree with you Deputy Jones, the “Sleeping Giant” is awake, now its time for him to speak. Most of us are quiet, kind hearted, modest citizens that are slow to anger, we dont want to bring attention to ourselves…….unfortunately that time has passed. Its time to be heard, its time to muster and rally the Sons of Liberty once more. Our children’s future rests squarely on our shoulders. With brave men like you, and the rest of my brothers here, im not worried. It takes a profound love for America to hear her distress call early and answer it with the courage needed to save her. And save her we will, i have no doubt. :) -Darin Bowers

  4. 4
    Ed Warden Says:

    If the people of this country continue to let these so called representatives keep getting away with the destruction of our constitution then we will have lost our republic. Time to take a stand for not only our freedoms and liberty but also for our Constitution and Bill of Rights.

  5. 5
    Tom Dickey Says:

    Well said Deputy jones. I jound your letter to be inspiring.

  6. 6
    Dale Abshire Says:

    God bless those that still believe and are called out do their duty, under God and constitution

  7. 7
    Pat Wayman Says:

    Thank you, sheriff!

    Oathkeepers, I think it is time to add a section to your website of those people in government who are not following their oaths, so we can vote them out next election.

    Silent No More….

  8. 8
    Equalizer18 Says:

    I believe it is LONG Overdue to STAND UP for Our Constitution and our Nation. This Sheriff’s Deputy is a True Patriot and I say to him and his Saratoga Sheriffs Department that I too would proudly STAND Side-By-Side with these Incredible Individuals and Great role models for our youth today.

    With BHO, he has culminated the EVIL he brings to the United States. He serves as a POOR example of a good citizen, who has LIED every day for the past 6 years while being Senator and in his JOKE of a president’s office. GOD BLESS the Sheriff’s Deputy and the entire Saratoga Sheriff’s Department!!!

  9. 9
    Elaine Says:

    I am very sure that there are many just like him!

  10. 10
    A. Sue Fowler Says:

    Thank you Deputy Jones. My father was a 45 year highly decorated USAF Colonel. Our family has lived a life of service. The changes we all observed since WWII have been more than discouraging. Those of us who are patriots will never cease uphold the principles and precepts set forth by our country’s founders. Thank you for standing for what is just and true and for raising your children to be responsible productive citizens. The list of those who were alive to fight on foreign soil, who witnessed the death camps, D-Day, Iwo and all the other historic major battles is becoming shorter each year. My parents’ Christmas list that was once 450 families in length is now pared to 65. What will remain to be seen from this and future generations depends upon God’s grace and those of us who are willing to stand up and fight. Thank you for expressing so forcefully and eloquently the reflections of your own service and patriotism and exhortations for those who believe in a free United States of America, Under God.

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