Affidavit Against Mask Mandate
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1. Copy & Paste Notice into a new text document.
2. Edit the Notice with your personal information. Replace all changeable data marked in blue. If you are not filing in the state of Hawaii, replace all instances with your state and coordinating information. This includes providing the Name of the Officer that cited you.
3. Include Certified Mail Numbers of each party listed at the top. Each party needs to get their own notice mailed prior to court hearing. [ How to Prepare Certified Mail ]
4. Print your Affidavit, and make sure it’s stapled or glued together, and take it to the Notary, they’ll tell you when to sign it and them stamp it with their seal.
5. Make Copies of that Affidavit for each respondent, hold the original and store it away in a safe place.
6. Attach your Notice, which you sign on your own, your notarized affidavit copy, and a copy of the citation, and then send it to each respondent.
7. Prepare Ahead. Make sure you have a certain number of days listed, 3 minimum. I usually do 5 because of the weekend.
8. If you get a Hearing Date, you show up with your unrebutted Affidavit and your green card (signature required) and state.
9. “I’m making a Special Appearance to address this matter and I reserve all of my God-given rights, and waive none, Ever!”
10. Then state the following in the proceeding (have them write it down and recite it): “I understand that I am to accurately state the facts, and if I knowingly inaccurately state the facts, I may subject myself to penalties of perjury, under the laws of the United States of America. Having qualified my Testimony here today, I hereby state for the Record that all facts averred in my Affidavit are the truth, the whole truth, and nothing but the truth”.
11. That statement converts your Affidavit to Sworn Testimony, and it’s the only evidence on the Court record until someone from the other side rebuts your Affidavit with their Affidavit, which will never happen.
12. Then you sit on your Affidavit. “Sir, the facts in my Affidavit are the facts of this matter, unless and until someone from the other side rebuts me”.
Affidavit of Truth Notice
[ Your Full Name ]
[ Address Line 1 ]
[ Address Line 2 ]
[ Phone # ]
In care of:
4-1104 Kuhio Hwy. #144
October 20th, 2020
DISTRICT COURT OF THE FIFTH CIRCUIT
3970 KAANA ST STE 206
LIHUE HI 96766-1282
Re: Citation #3212035, dated September 5th, 2020
Certified Mail# 0000 0000 0000 0000 0000 – [Sergeant Kristopher Breyer, Badge #220]
Certified Mail# 0000 0000 0000 0000 0000 – [Kauai Police Department]
Certified Mail# 0000 0000 0000 0000 0000 – [Court Name on Citation]
AFFIDAVIT OF TRUTH
My name is [First Name]: [Last Name] and I am of sound mind and capable of making this Affidavit of Truth. I have created this Affidavit to establish the truth of this matter, because this matter lacks the standard of regularity, is non-compliant with the constitution and laws that bind the respondents, and violated my secured rights that the respondents have sworn oaths to uphold. This matter was initiated with assumption and fraud, and executed through the use of force, threat and duress. I will testify in open court to the following:
1. I, [First Name]: [Last Name], hereinafter Affiant, am before this Court by “Special Appearance”, without waiving any rights, remedies, or defenses; nor do I submit to the presumed Jurisdiction of any party, involved in this Color of Law action.
COLOR OF LAW. “The appearance or semblance, without the substance, of legal right.” – Black’s Law Dictionary 4th edition
2. Affiant reserves all his rights as a man and one of the people, that are protected and secured by the Declaration of Independence of 1776, the original Constitution of 1776-1777, and the original Constitution of the State of Hawaii of 1950, which secured and protected the God given rights of all men, opposed to persons, corporations, et al.; and is with discrimination, but we the people as secured parties are now under hardship by the B.A.R. Associations as to legal disabilities due to discrimination and violation under their color of law. I have been informed that this violation under their color of law violates Title 18 U.S.C. Sections 241 (“Conspiracy against rights”) and 242 (“Deprivation of rights under color of law”), and that remedy may be sought in a federal court under Title 42 U.S.C. Section 1983.
”If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same … They shall be fined under this title or imprisoned not more than ten years, or both.” – Title 18 U.S.C. Section 241
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both.” – Title 18 U.S.C. Section 242
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress …” – Title 42 U.S.C. Section 1983
3. Affiant is a natural flesh and blood man, a creation of God-Almighty – not a legal Person, corporation, citizen, resident, et al.
PERSON. “In law, man and person are not exactly-synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes.” – Bouvier Law Dictionary 1856
4. Government can only have authority or right over what it creates. God created man, man created government, government created PERSONS and CORPORATIONS. The Affiant is not a creation of government.
5. The “STATE OF HAWAII” is a municipal corporation, a Fiction of Law, Dun & Bradstreet #077676997, existing only on paper; it is not a physical piece of land, nor is it a factual place.
6. All STATE OF HAWAII laws, statutes, ordinances, codes, et al. are superseded by the Constitution of the State of Hawaii and the Constitution of the United States of America.
7. The Affiant is not a signatory to the Constitutions and not bound by the Constitutions, which were ordained and established to secure the individual rights of man, and to limit the powers of the Persons that call themselves government.
8. The Constitution was ordained and established for the STATE OF HAWAII to bind and limit it, as “We reaffirm our belief in a government of the people, by the people and for the people, and with an understanding and compassionate heart toward all the peoples of the earth, do hereby ordain and establish this constitution for the State of Hawaii.”– Preamble to the Constitution of the State of Hawaii.
9. Affiant has no contract with the STATE OF HAWAII nor any of its Agencies.
10. The “state of Hawaii” is a reference to a geographic region.
11. The STATE OF HAWAII is a fictitious plaintiff. Making a complaint against a man in the name of a fiction is fraud.
FICTITIOUS PLAINTIFF. “A person appearing in the writ or record as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and of the use of his name in it. It is a contempt of court to sue in the name of a fictitious party.” Black’s Law Dictionary 4th edition.
12. Affiant sees no evidence on the Citation that his physical location on the geographic region of Hawaii, grants the municipal corporation known as the “STATE OF HAWAII” the authority or right to impose their corporate laws, statutes, codes, et al. upon himself – a man.
13. Affiant sees no evidence on the Citation that a Governor, Mayor, County Council, or any corporate officer of the STATE OF HAWAII, has authority or right to issue orders to himself – a man.
14. Affiant sees no evidence on the Citation that his physical location grants personal jurisdiction, subject matter jurisdiction or territorial jurisdiction, over himself, to any officers of the STATE OF HAWAII, such as Governor, Mayor, County Council, et al.
15. It is self-evident that, “All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people. All government is founded on this authority.” – Constitution of the State of Hawaii, Article 1, Section 1 – Political Power. By illegally detaining me and depriving me of my unalienable, sovereign, inherent and god-given rights, police officer Sergeant Kristopher Breyer was in non-compliance of the Constitution of the State of Hawaii, as stated in the foregoing.
16. It is self-evident that the Affiant owes no duties to, nor is he subject to any man, group of men, body politic, municipal corporation, or court, as “All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property…” – Constitution of the State of Hawaii, Article 1, Section 2 – Rights Of Individuals. By illegally detaining me and depriving me of my unalienable, sovereign, inherent and god-given rights, police officer Sergeant Kristopher Breyer was in non-compliance of the Constitution of the State of Hawaii, as stated in the foregoing.
17. It is self-evident that the Affiant possesses freedom of religion, speech, press, assembly and petition, and that, “No law shall be enacted 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.”– Constitution of the State of Hawaii, Article 1, Section 4 – Rights Of Individuals. This right to free speech includes but is not limited to the right to communicate with other people clearly and audibly, and to communicate non-verbally and expressively with other people with facial expressions like a smile, among other purely political reasons. Forced mask-wearing violates my rights by literally blocking my ability to communicate audibly, clearly, non-verbally and expressively. By illegally detaining me and depriving me of my unalienable, sovereign, inherent and god-given rights, police officer Sergeant Kristopher Breyer was in non-compliance of the Constitution of the State of Hawaii, as stated in the foregoing.
18. It is self-evident that “No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person’s civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry.” – Constitution of the State of Hawaii, Article 1, Section 5 – Due Process and Equal Protection. By illegally detaining me and depriving me of my unalienable, sovereign, inherent and god-given rights, police officer Sergeant Kristopher Breyer was in non-compliance of the Constitution of the State of Hawaii, as stated in the foregoing.
19. It is self-evident that I have a right to privacy, as “The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right.” Constitution of the State of Hawaii, Article 1, Section 6 – Right To Privacy. By illegally detaining me and depriving me of my unalienable, sovereign, inherent and god-given rights, police officer Sergeant Kristopher Breyer was in non-compliance of the Constitution of the State of Hawaii, as stated in the foregoing.
20. It is self-evident that I have the right to protection from searches, seizures and invasion of privacy as “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted.” Constitution of the State of Hawaii, Article 1, Section 7 – Searches, Seizures And Invasion Of Privacy. By illegally detaining me and depriving me of my unalienable, sovereign, inherent and god-given rights, police officer Sergeant Kristopher Breyer was in non-compliance of the Constitution of the State of Hawaii, as stated in the foregoing.
21. It is self-evident that I have the right to personal bodily autonomy and medical sovereignty, which includes the right to decide whether I will engage in medical interventions such as mask-wearing which limit my ability to breathe life-giving air and oxygen.
22. Affiant has not granted the STATE OF HAWAII any authority or consent to act as his personal physician or doctor, nor has consented to any forced medical interventions carried out under duress and threat of fine and imprisonment.
23. Affiant sees no evidence that a crime was committed, comprised of these 5 necessary and legal elements of corpus delicti, i.e.:
1. Actus reus (guilty act)
2. Mens rea (guilty mind): intention to commit a crime/a certain act
3. Concurrence: the act must be linked with the intent
4. Harm or damage
5. Causation: connection between act and harm or damage
24. Affiant sees no evidence the STATE OF HAWAII has a valid cause of action against him, comprised of these 4 necessary and legal elements:
1. The existence of a duty
2. The breach of that duty
3. Proximate cause (by that breach)
4. Harm or damage
25. Affiant has not been presented with any testimony from any man or woman who is claiming to be a victim and to be tangibly harmed or damaged by Affiant’s actions.
26. If the parties given notice by means of this document have information that would controvert and overcome this Affidavit, please advise me IN WRITTEN AFFIDAVIT FORM within five (5) days from receipt. Provide me with your counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, proving that this Affidavit of Truth is substantially and materially false sufficiently, to change materially my status and factual declarations. Your silence stands as consent to, and tacit agreement of, the factual declarations herein being established as fact, and as a matter of law.
27. Numerous agents working for and representing STATE OF HAWAII have been served a Notice of Liability for trespass of unalienable, sovereign, inherent and god-given rights, including County Prosecuting Attorney Justin Kollar.
I, [ First Name ]: [ Last Name ], have personal knowledge of this matter, and swear by Almighty God, under the penalty of perjury, that this is my name and that the contents of this affidavit are the truth, the whole truth, and nothing but the truth, so help me God.
Affiant Name Signature