And this is how the Constitution is supposed to work. This is how the militia enforcing the Constitution when a federal government has gone tyrannical. Members of the group Oath Keepers are volunteering their services to interpose themselves between Kim Davis and federal marshals should they seek to follow unlawful orders from Judge David Bunning or any other judge in opposition to Kentucky law.
In a statement by Oath Keepers founder Stewart Rhodes, he expounded upon the unconstitutional orders of Judge David Bunning:
We believe Federal District Court Judge David Bunning grossly overstepped his bounds and violated Mrs Davis’ due process rights, and in particular her right to a jury trial. This judge has assumed unto himself not just the powers of all three branches of government, but has also taken on the powers of judge, jury, and “executioner.” What matters to us is not whether you agree with her position on gay marriage or her decision to not issue marriage licenses. What matters is that the judge is violating the Constitution in his anger and desire to punish her for going against his will. We are already being subjected to an unconstitutional imperial presidency, that grew exponentially under both Bush and Obama, expanding the claimed war powers of the president to swallow up our Bill of Rights and circumvent jury trial. The result is an executive branch that claims the absurd power to declare any American an “unlawful combatant” on the say-so of the president alone.
Now we see the rise of an imperial judiciary that not only legislates from the bench but is attempting to expand their “contempt” power to likewise swallow up our Bill of Rights and circumvent jury trial. Both methods are used to allow the powerful office holder to merely point his finger and have his opponent thrown behind bars without a grand jury indictment and without being found guilty by a jury of their peers. No innocent until proven guilty before a jury. Just “guilty” because the leader says so. That is a dictatorship, whether done by a president or by a judge. No one man should have that kind of power in his hands alone to decide guilt and impose a sentence of indefinite detention. Under our Constitution, that dictatorial power does not exist. We must stand against this. And so we will protect her and prevent it from happening again. – Stewart Rhodes
Liberty Counsel, the nonprofit organization who is representing Davis, issued a motion on the same day of Davis’ release to stay Judge Bunning’s illegal and unconstitutional order to the Sixth Circuit Court of Appeals.
In pointing out the violations of not only Kentucky law, but the conscience of Kim Davis, Liberty Counsel attorneys appealed to the court and pointed out several things:
- Davis Has A Strong Likelihood Of Success On The Merits Of Her Appeal Of The Contempt Order
- The Contempt Order Eviscerated Davis’ Constitutional Due Process Rights
- The District Court Invaded The Province And Affairs Of An Office Run By A Publicly Elected Official
- The District Court Discarded Davis’ RFRA Rights Without Conducting Strict Scrutiny Review
- Davis Is Facing Irreparable Daily Harm And Substantial Loss Of Freedoms Without A Stay Of The Contempt Order Pending Appeal
- Plaintiffs Will Not Suffer Irreparable Harm If This Court Stays The Contempt Order Pending Appeal
- The Public Interest Favors Granting A Stay
Rhodes also had a conversation with former Jackson County Kentucky Sheriff Denny Peyman, which you can hear below.
During that conversation, Peyman suggested meeting with Rowan County Sheriff Jack Carter to educate him on his responsibility to interpose himself between federal agents when they were acting unlawfully.
However, when Rhodes asked Payman what he would have done if he were in Rowan County when Davis was arrested, he said he would have stopped the arrest.
“This is exactly the kind of thing that our Founding Fathers dealt with when dealing with the magistrates and the officers of the crown who wanted to run roughshod over the rights of the colonists without a jury indictment, without any of that,” Rhodes declared. “Same thing. They’re going to show their power and show you who’s boss.”
However, even with all the support of a lawful and constitutional means to deal with federal tyrants, Davis’ s legal team declined to have American patriots interpose themselves between Davis and federal tyrants. Rhodes wrote, “Oath Keepers has been contacted by Kim Davis’ legal team at Liberty Counsel, and they have, on her behalf, declined our offer of assistance in protecting her from a possible repeat incarceration by Federal District Court judge David Bunning. We will, of course, respect her wishes, and are hereby issuing a stand-down for our security volunteers who were planning on deploying to Morehead, Kentucky on Monday.”
“Oath Keepers will NOT be conducting a security detail for Mrs. Davis,” Rhodes continued. “We always seek the full consent and cooperation of anyone we protect, and we must respect their wishes if they decline that protection. Anyone who was planning on going to Morehead, KY to serve on the security detail are now asked to not do so. We do thank you most sincerely for your willingness to step up, as unpaid volunteers, in defense of due process. That was a very honorable intent, and we commend you.”
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