MEMORANDUM
From: Michael J. Merritt, USN Retired/Writer
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
To: Jasper County, IA
Jasper County Courthouse
101 1st Street N
Newton, IA 50208
Subj: IOWA OPEN RECORDS REQUEST – JASPER COUNTY, IA – #021 – THE REFORMATION OF TYRANNY AND INJUSTICE – #01
Ref: 1. Constitution of the United States of America, 1st Amendment
2. Constitution of the United States of America, 5th Amendment
3. Constitution of the United States of America, 6th Amendment
4. Constitution of the United States of America, 13th Amendment
5. Constitution of the United States of America, 14th Amendment
6. Constitution of the State of Iowa Section 1 of Article 1, Rights of persons
7. Constitution of the State of Iowa Section 2 of Article 1, Political power
8. Constitution of the State of Iowa Section 6 of Article 1, All Laws Uniform
9. Constitution of the State of Iowa Section 9 of Article 1, Right of trial by jury – due process of law
10. Constitution of the State of Iowa Section 10 of Article 1, Rights of persons accused
11. Constitution of the State of Iowa Section 20, Article 1, Right of assemblage — petition
12. Constitution of the State of Iowa Section 23, Article 1, Slavery
13. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records)
14. Iowa Code Title I State Sovereignty and Management, Chapter 23 Public Access to Government Information (Iowa Public Information Board Act) – Section 23.7 – Filing of complaints with the board.
Enc: 1. Electronic Mail – Jasper County, IA Assistant Attorney Kelly Bennett – 08 DEC 2021
2. Iowa Open Records Request – Jasper County, IA – #004 – 17 AUG 2022
3. Iowa Open Records Request – Jasper County, IA Sheriff’s Department – #003 – 17 AUG 2022
4. Memorandum – Jasper County, IA Sheriff’s Department – 18 AUG 2022
5. Iowa Public Information Board Case 22FC:0091 Dismissal
6. Electronic Mail – Jasper County, IA Attorney Nicholson – 08 NOV 2022 (Election Day)
7. Electronic Mail – Jasper County, IA Attorney Nicholson – 09 NOV 2022
8. Iowa Public Information Board – Case 22FC:0091 Revised Dismissal
9. Iowa Open Records Request – Jasper County, IA Sheriff’s Department – #007 – Elimination of the Fog of War – #03
10. Iowa Open Records Request – Jasper County, IA – #011 – Elimination of the Fog of War – #03
11. Iowa Open Records Request – Jasper County, IA – #012 – Elimination of the Fog of War – #04
12. Iowa Open Records Request – Jasper County, IA – #013 – Elimination of the Fog of War – #05
13. Iowa Open Records Request – Jasper County, IA – #014 – Elimination of the Fog of War – #06
14. Iowa Open Records Request – Jasper County, IA – #015 – Elimination of the Fog of War – #07
15. Electronic Mail – Ryan Eaton – 12 APR 2023
16. Chest Cam Footage – Michael J. Merritt – Jasper County, IA Sheriff’s Office – 13 APR 2023
17. Chest Cam Footage – Michael J. Merritt – Jasper County, IA Attorney’s Office – 21 APR 2023
1. Introduction
Constitution of the United States of America
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
1st Amendment to the Constitution of the United States of America
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
5th Amendment to the Constitution of the United States of America
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
6th Amendment to the Constitution of the United States of America
“Section 1
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2
Congress shall have power to enforce this article by appropriate legislation.”
13th Amendment to the Constitution of the United States of America
“Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Section 1 of the 14th Amendment to the Constitution of the United States of America
Constitution of the State of Iowa
“All men and women are, by nature, free and equal, and have certain inalienable rights — among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. Amended by Amendment 45 (1998)”
Article 1 – Section 1. Rights of persons. Constitution of the State of Iowa
“All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.”
Article 1 – Section 2. Political power. Constitution of the State of Iowa
“All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”
Article 1 – Section 6. All Laws Uniform. Constitution of the State of Iowa
“Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appears* to the jury that the matter charged as libellous was true, and was published with good motives and for justifiable ends, the party shall be acquitted. *In the original text, the word is “appear”, see original Constitution, Art. I, §7”
Constitution of the State of Iowa – Article 1 – Section 7. Liberty of speech and press.
“The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.”
Constitution of the State of Iowa – Article 1 – Section 9. Right of trial by jury – due process of law.
“In all criminal prosecutions, and in cases involving the life, or liberty of an individual the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him, to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and, to have the assistance of counsel.”
Constitution of the State of Iowa – Article 1 – Section 10. Rights of persons accused.
“The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives and to petition for a redress of grievances.”
Constitution of the State of Iowa – Article 1 – Section 20. Right of assemblage – petition.
“There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime.”
Constitution of the State of Iowa -Article 1 – Section 23. Slavery – penal servitude.
2. Requested Information
(a.) Jasper County, IA, is requested to provide all audio-captured recordings of public meetings or hearings, including public discussion regarding 2nd Amendment rights in Jasper County, IA.
(b.) Jasper County, IA, is requested to provide all video-captured recordings of public meetings or hearings, including public discussion regarding 2nd Amendment rights in Jasper County, IA.
(c.) Jasper County, IA, is requested to provide hard copies of all laws, ordinances, or other published or issued protocols related to Jasper County, IA, citizens’ 2nd Amendment gun rights.
3. Conclusion
Enclosure (1.) provides compelling evidence indicating that Jasper County, IA, elected and appointed leaders maintain the integrity of their 2nd Amendment Sanctuary by restricting speech in public buildings. At the same time, citizens are requested to depart public buildings in this 2nd Amendment Sanctuary when concerns are communicated referencing publicly published sentiments related to the tragic events that can occur when devices authorized by this county’s implementation of the 2nd Amendment are in the hands of the unethical, the malicious, and the unlawful. At the very least, Assistant County Attorney Bennett’s ejection of a citizen exercising “freedom of speech” “and to petition the Government for a redress of grievances.” is consistent with the evidence this government body censors, silences, and abridges voices during an election year that communicates public sentiments that conflict with these elected and appointed leaders ideologies or assessments of their professional conduct.
The words in the Constitutions of the State of Iowa and the United States of America have been included at full length because the originator of this records request believes in light of Assistant Jasper County, IA Attorney Bennett’s understanding of the 13th Amendment as shown in Enclosure (1.) the originator of this request believes that it may be helpful. Assistant Jasper County, IA Attorney Bennett communicated in an electronic mail on 08 DEC 2021, “Didn’t the 13th Amendment abolish slavery?…” It is the originator of this record request’s belief that given the data regarding the demographics of the United States prison population, Assistant Jasper County, IA Attorney Bennett’s perception of the 13th Amendment may be rooted in white privilege. At the same time, these words were spoken by an American prosecutor in light of the data regarding the demographics of our nation’s prison population appear to provide evidence of a possible failure of the spirit and purpose of the Reformation Amendments to our nation’s constitution following the American Civil War.
When our feet wander into darkness, the Light will record and document where they have been. The unethical and the malicious produce further acts of injustice while they desperately avoid the Light of God.
When American prosecutors produce evidence of denying constitutional and civil rights, liberties, and freedom from those, our laws and public records document, have not violated the law. We must question the ethics and historical records of those prosecutors regarding the evidence of their actions toward others and those they have already prosecuted and imprisoned.
Respectfully,
Michael J. Merritt, USN Retired/Writer
Founder: cipherphoenix.com
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
“Bricks made with testimony lacking evidence are equivalent to bricks made with straw without clay.”
Cipher Hunter
Jasper County, IA Public Records Request Tracker
Case Study: As of 22 APR 2023, the original 11 OCT 2022 Iowa Public Information Board’s Dismissal of case 22FC:0091 appears missing from the Iowa Public Information Board website. This initial dismissal was tabled by the Iowa Public Information Board, leading to the Revised Dismissal published by the Iowa Public Information Board after Jasper County, IA Attorney Nicholson provided one Facebook Block List he articulated to the Iowa Public Information Board was for all Jasper County, IA Facebook Pages requested. Executive Director Johnson’s original dismissal appears to violate the requirements of Iowa Code Section 22.1(3.)(a.) because, as she referenced in Paragraph (7.) of the 11 OCT 2022 Dismissal:
“Public records are defined in Iowa Code section 22.1(3)(a) as records “stored or preserved in any medium, of or belonging to …an county….” If the government body does not store or preserve a specific record, then there is no record to be released to a record requester.”
Consequently, Executive Director Margaret Johnson, as the evidence shows in her 11 OCT 2022 Dismissal of case 22FC:0091, completely disregarded the portion of Iowa Code Section 22.1(3.)(a.) related to records that “belong” to a government body. Public DNS records show the Iowa Public Information Board stores and preserve its electronic mail with Google LLC, while Jasper County, IA, stores its electronic mail with Microsoft Corporation.
Jasper County, IA, has produced evidence of possible inconsistency regarding claiming and releasing or disregarding ownership of public records that public DNS records or elected leader’s testimony indicate Jasper County, IA, stores and preserves in off-premises commercially operated data centers are not stored and preserved within their physical and geographical location.
