Rights Suspended Under Martial Law and Active Duty Chapter of Idaho Code

Rights Suspended Under Martial Law and Active Duty Chapter of Idaho Code

Alert! Rights suspended! Money allocated without legislative input! All power lies solely in the hands of Governor Little! Emergency declarations have time limits of 30 days with the option to extend it for another 30 should the situation warrant. In order to get around those expiration dates the Governor keeps rescinding emergencies and replacing them, restarting the expiration clock. The June 11 update Governor Little rescinded the extreme emergency to replace it with a new emergency order that will have a 30 day/60 day time limit UNLESS the legislature terminates it by resolution AT ANY TIME. (46-1008.) Notice that does allow him to suspend rules but of course NOT laws (also referred to Idaho code).
Article II of the Idaho Constitution is very clear about the separation of powers. Even the extreme emergency code does NOT allow him to write/suspend the law. In the June 11emergency order, the Governor has suspended 4 laws. Governor Little has AGAIN violated the Constitution thus violating his duty as Governor.

We demand all our elected  REPRESENTATIVES AND SENATORS do the job WE THE PEOPLE hired them to do.

  • The Governor illegally seized the power of the legislative branch by suspending and amending sections of the code and Allocating funds.
  • The legislature must convene to fulfill its constitutional obligations regarding code and allocating funds.
  • The legislature has the duty to ensure the continuity of state and local government pursuant to article 3 section 27 of the Idaho Constitution.
  • We demand that they TERMINATE the state of emergency pursuant to I.C. 46-1008.

Governor acts as King

Rather than call the legislature back into session and work with our representatives to speak on behalf of the people, Governor Little moves forward with a plan to invade privacy, remove parental rights, and remove the elderly’s rights, all for an illness that has caused 82 deaths in Idaho and causes no symptoms in 80% of people. Idaho has only 97% of the deaths that would have been normally expected between February 1, 2020 and May 29th, 2020.

What can YOU DO? Contact your legislator and tell them you expect them to represent you on June 23rd! Why the 23rd? Watch the Video below!

Why did Brad Little use martial law powers to suspend multiple line items in the Idaho Administrative Code related to parents’ rights when their children are in state custody?

The COVID-19 EMERGENCY DECLARATION Timeline:

➡️ MARCH 13 Declared ‘State of Emergency’
Brad Little puts Idaho in a state of emergency on March 13 using Idaho Code 46-1008(5)(a) to justify suspending line items from IDAPA Administrative Rules.

➡️ MARCH 23 By Proclamation Governor Suspends 125+ Rules
Hundreds of rules suspended, but the most concerning are parents’ rights when children are taken into state custody. No visitation, no notice of transfer of children, changes to facility requirements where children are housed when in state custody (numbers of bathrooms, etc).

March 23 there were 1,818 hospital beds available in Idaho only 9 of which were needed, representing a mere 0.5% utilization rate of hospital beds.

➡️ MARCH 25 Governor declares a State of EXTREME Emergency
State of Extreme Emergency on March 25, invoking Idaho Code 46-601 – the Martial Law and Active Duty Chapter of Idaho Code.

April 10 At the peak of the “crisis” Idaho utilized only 3.8% of the available hospital beds on April 10, 2020.

CDC’s own data released May 23rd shows that the risk to those under 60 is less than or equal to the flu. We also know that those who test positive but don’t have symptoms are actually NOT sick and can’t infect others, 1/3 to 1/2 of those who died were in nursing homes where they are fed nutrient deficient food and given flu vaccines which increase the risk of respiratory infections such as coronavirus, the actual number of deaths is about  1/20th the original extreme estimates Still, the Governor to move forward with mass testing.  

➡️ APRIL 17 / APRIL 20 Idaho receives $1.25 Billion from the Federal Government from the CARES Act with more on the way. Governor Brad Little allocates as he sees fit because he refuses to convene the Legislature to do so.

  • Governor Little plans on conducting primarily molecular (genetic) tests, not serology (antibody) tests – because serology tests detect antibodies and would prove most have been exposed, had the disease, and recovered. With molecular tests, government and media can continue to frighten people with the now old trope “You’re asymptomatic but test positive so you must be quarantined as you’re a danger to others.” even though FDA admits, “The detection of viral RNA by RT-PCR does not necessarily equate with an infectious virus.”

    Got that, FDA admits a positive test does not mean you have an infectious virus! But a positive test will be followed by, “If you have no one to care for your children then we must ‘provide out of home care’ through social services/CPS.” Little and his team can continue to push the lie that those who test positive without symptoms can infect others despite the fact science has clearly disproven this.

➡️ April 24 Waived Additional Regulations Proclamation
– Waiving additional regulations 

➡️ May 12 Proclamation — Extension of Emergency Declaration 

Each time he issues a new emergency order the clock starts over giving him unlimited power and control under the 30/60 day extensions until the Legislature convenes and terminates the “emergency”.

Representative Tammy Nichols shares summary of Governor’s call with legislators

➡️ June 3 Governor Little Tells Legislators that he reinstated the regulations suspended. There was no proof provided.

➡️ June 11 Governor Clearly Suspends Rules with Amended Executive Order Proclamation – Related to emergency declarations 

Summary: He rescinded the extreme emergency. This is a new emergency order with the 30 day/60 day time limit UNLESS the legislature terminates it by resolution AT ANY TIME. 46-1008. Notice that does allow him to suspend rules but of course NOT laws (also referred to Idaho code).
Article II of the Idaho Constitution is very clear about the separation of powers. Even the extreme emergency code does NOT allow him to write/suspend the law.
NOTE: In this new emergency order he had suspended 4 laws. Governor Little has AGAIN violated the Constitution thus violating his duty as Governor.

Other Authoritarian Acts:

➡️ Federal Bill HR 6666 – This is a Federal bill that intends to provide Federal money to HHS to conduct mass forced COVID testing, including at people’s homes
➡️ Washington State Governor Inslee has hired people to supervise children in state Emergency Quarantine Centers. Will Idaho do the same?
➡️ Idaho is increasing the number of Contact Tracers from 23 to 255
➡️ The federal government gives states billions of $$$ if states declare an “emergency” and even more for declaring an “extreme emergency”


Constitutional Republic form of government in Idaho completely gone, all power is held by Governor.

➡️Legislature discusses convening, acknowledges authority to, but sees no legal ‘mechanism’ to do so.
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 4
LEGISLATURE
67-422. CONVENING OF LEGISLATURE IN EVENT OF ATTACK.
In the event of an attack, the governor shall call the legislature into session as soon as practicable, and in any case within ninety (90) days following the inception of the attack. If the governor fails to issue such a call, the legislature shall, on the ninetieth day from the date of inception of the attack, automatically convene at the place where the governor then has his office. Each legislator and each emergency interim successor, unless he is certain that the legislator to whose powers and duties he is designated to succeed or any emergency interim successor higher in order of succession will not be available [unavailable], shall proceed to the place of session as expeditiously as practicable. At such session or at any session in operation at the inception of the attack, and at subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.

➡️67-422 Idaho Code demands that Legislature shall convene no later than 90 days following an ‘attack’ whether the Governor calls them back or not.

➡️Attack is defined in 67-415 Idaho Code. By the definition given and by the comments of the POTUS, Covid is certainly an attack as defined by law.

We are asking our legislators to do the following:

  • The legislature must convene pursuant to 67-422 Idaho Code and Idaho Constitution Article III Section 27 and must end the emergency declaration pursuant to 46-1008 (2).
  • The legislature must properly reallocate the funds granted by the Federal government.
  • The legislature must reinstate all suspended sections of the Idaho Code and all suspended sections of IDAPA Administrative Rules.
  • This is the only way we return to our Republic form of government.
The Idaho Legislature enacts statute/code and delegates to the Executive Branch’s State Agencies the ability to write rules to implement the statute/code.

Rights Removed including daycare, children in CPS custody, guardianship, foster care, assisted living care for elderly and vulnerable adults…

Link to IDAPA 16.03.19

06.02.01 Dept of Corrections – Response matrix (scroll to the end)

16.03.19.200.06.a-d Family members of a resident in a home-centered care facility usually have a right to see the resident (as do medical professionals and visitors), but those rights are suspended here. 

06. Access to Resident. Each provider and individuals living in the home must permit immediate access to any resident by any representative of the Department, by the state ombudsman for the elderly or their designee, by an adult protection investigator or by the resident’s personal health care professional. Each home must also permit the following: (3-20-20)T a. Immediate access to a resident by their relatives, subject to the resident’s right to deny or withdraw consent at any time; (3-20-20)T b. Immediate access to a resident by others who are visiting with the consent of the resident, subject to reasonable restrictions and the resident’s right to deny or withdraw consent at any time; (3-20-20)T c. Reasonable access to a resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident’s right to deny or withdraw consent at any time; and (3-20-20)T d. Reasonable access to the resident’s records, medications and treatments by the resident’s health care professional subject to the resident’s permission.

Because the suspended part references a-d, residents are still required to see representatives from the department of health and other government officials, which is explained in the section before a.

16.03.19.200.08. The same residents have the following rights suspended:

Health Services. The resident has the right to control their health-related services, including: (3-20-20)T a. The right to retain the services of their own personal physician and dentist; (3-20-20)T b. The right to select the pharmacy or pharmacist of their choice; (3-20-20)T c. The right to confidentiality and privacy concerning their medical or dental condition and treatment; (3-20-20)T d. The right to participate in the formulation of their plan of service; (3-20-20)T e. The right to decline treatment for any medical condition; and (3-20-20)T f. When the resident is unable to give medical consent, the provider will give the name and contact information of the person holding guardianship or power of attorney for health care to any health care provider upon request.

16.03.22.550.17 Residents in a traditional facility have the same rights suspended as those above, and this additional one. 

17. Access by Advocates and Representatives. A residential assisted living facility must permit advocates and representatives of community legal services programs, whose purposes include rendering assistance without charge to residents, to have access to the facility at reasonable times in order to: (3-20-20)T a. Visit, talk with, and make personal, social, and legal services available to all residents; (3-20-20)T b. Inform residents of their rights and entitlements, and their corresponding obligations, under state, federal, and local laws by distribution of educational materials and discussion in groups and with individuals; (3-20-20)T c. Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance, and social security benefits, and in all other matters in which residents are aggrieved, that may be provided individually, or in a group basis, and may include organizational activity, counseling, and litigation; (3-20-20)T d. Engage in all other methods of assisting, advising, and representing residents so as to extend to them the full enjoyment of their rights; (3-20-20)T e. Communicate privately and without restrictions with any resident who consents to the communication; and (3-20-20)T f. Observe all common areas of the facility. Residential Assisted Living Facilities Link

16.06.01.50.06, .07 , and 09 (.07 may be a typo, on the governor’s list is says .07 but then lists the title for .08) – Suspended parents/legal guardians rights

06. Visitation for Child’s Parent(s) or Legal Guardian(s). Visitation arrangements must be provided to the child’s parent(s) or legal guardian(s) unless visitation is contrary to the child’s safety. 

07. Notification of Change in Placement. Written notification must be made within seven (7) days of a change of placement of the foster child if a child is relocated to another foster care setting. Notification must be sent to the child’s parent(s) or legal guardian(s). When the child is an Indian child, written notification must also be sent to the child’s Indian custodian(s), if applicable, and to the child’s tribe. 

09. Notification of Right to Participate and Appeal. Written notification to the child’s parent(s) or legal guardian(s) must be made regarding their right to discuss any changes and the opportunity to appeal if they disagree with changes in placement or visitation. Child and Family Services Link

WHY ARE THESE SUSPENDED?

Suspension/seems unrelated to health concerns:

16.03.14.150.02(b)

b. When a hospital is leased by the owner to a second party for the operation of the facility, a copy of the lease agreement showing clearly in its context the responsibilities of both parties shall be filed with the application for a license. Hospitals Link

16.06.02.729 

729. BATHROOM FACILITIES. A building used to house children must have adequate, clean, and easily accessible bathroom facilities. The number of toilets is one (1) per eight (8) females and one (1) per ten (10) males; bathtubs or showers is one (1) for each ten (10) individuals; washstands is one (1) for every five (5) individuals according to the International Building Code applicable for the type of building and its use. There must be separate use of bathroom facilities for boys and girls over six (6) years of age. There must be separate bathroom facilities for staff.  Child Care Licensing Link

And this section of the Idaho Constitution: 
https://legislature.idaho.gov/statutesrules/idconst/ArtIII/Sect27/

Send this to your legislators – your Senator and both Representatives. Demand that your legislators follow the Constitution and convene the legislature on June 23.

Tell your legislators that you expect them to do the following:

  • The legislature must convene pursuant to 67-422 Idaho Code and Idaho Constitution Article III Section 27 and must end the emergency declaration pursuant to 46-1008 (2).
  • The legislature must properly reallocate the Federal funds.
  • The legislature must reinstate all suspended sections of the Idaho Code and all suspended sections of IDAPA Administrative Rules.
  • This is the only way we return to our Republic form of government.

RESPONSES TO COMMON OBJECTIONS

Your legislators will come up with all types of excuses to try and shirk their responsibilities.  Don’t let them.  Here are some responses for you to use:

Excuse: Our lawyers have said that we can’t have this special session.

Response: Who said that?  What are their names and phone numbers.  Let’s have a three way call and address this issue together because the law is clear. If you won’t follow the law and simply want to hide behind the flawed interpretations of unelected lawyers, then tell me, what purpose do you serve?  Why should I ever vote for you?

Excuse: This was not an “attack,” so the protocols don’t apply.

Response: President Trump said it was an attack Do you agree with him?  Yes or no?  The Governor used the statute that specifically mentions attack. And the definition in Idaho State Law plainly states that an attack is defined as “any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage…bacteriological, or biological means or other weapons or methods.”  (video of Trump stating its an attack)

So do you believe that the coronavirus brought damage or injury to persons or property here in Idaho through bacteriological or biological means?  Yes or no?  If Governor Little wants to try to legally reject the clear definition in Idaho State Law, then he must make that case publically and he must also make a public declaration stating that the Governor of Idaho disagrees with President Trump and does not recognize President Trump’s statement calling the coronavirus crisis an “attack.”  Until that happens, our legislature must meet on June 23rd.

Excuse: Only the Governor can call a special session.

Response: No, you are required by law to convene automatically on the 90th day after the definition of the attack.  June 23rd would be the latest day justifiable for that.  Have you even read the law (Idaho State Code 67-422)?  Do you know what it says?  Furthermore, Idaho State Code 46-1008 which the Governor also cited to justify his Executive Orders and which only allows for 60 days in total for emergency powers, plainly states, “The legislature by concurrent resolution may terminate a state of disaster emergency at any time.”  What does “at any time” mean to you?  It didn’t say, only during a special session called by the Governor.  Any time means any time.

Excuse:  I can’t go all the way to Boise.

Response: First of all, the Republican State Convention is going to be in Nampa 2 days later, so you’re already going to be in town.  Second of all, it doesn’t matter since this is required by law, and if you can’t go, the law stipulates in section 67-422 that you are supposed to send your “interim emergency successor.”  So, if you’re not going to come, then send your interim emergency successor.  This is the law.

Objection: Your children will never be taken away from you because of the coronavirus.

Response: Then what is the reason for the suspension of parental rights by executive order?  If you don’t know, then do your job and go the special session and find out.  Then undo it.  Furthermore, if there is no purpose to have these rules suspended, then there should be no reason for you NOT to vote to undo it.

Objection: Relax, the Governor cannot spend the $1.25 billion dollars however he wants.  He is going to have input and oversight from the legislature.

Response: How and when?  This money is going to be disbursed immediately.  The Governor is not going to wait until January 2021 to start spending this money.  So how and when are you, as a legislator, going to have a chance to review this spending?  This is why you must be at the special session, which is required by law, on June 23rd.

This post has been edited to clarify the powers assumed by the Governor are under the “Martial Law and Active Duty” Chapter of Idaho Code.

Join us at the Capitol Steps for the People’s Rally June 23rd.


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