OATH OF OFFICE

Is it a violation of law and constitutional oath of a public office (to protect and defend the constitution), if the office holder lacks a VALID AND PROPERLY executed affidavit of Oath of Office?

According to the information I researched, a public office holder is someone who has taken an oath of office to support the Constitution of the Republic of South Africa and the Constitution and laws of the state they serve in. The oath of office is a promise to carry out the duties set forth in the Constitution and to act ethically and honestly.

If a public office holder violates the terms of their oath, they may face different consequences depending on the nature and severity of their violation. 

Some possible penalties are:

1. Censure, removal from office, or permanent disqualification from holding any state position.
2. Imprisonment for not less than one nor more than five years.
3. Fines up into the hundreds of thousands of dollars.
4. Loss of per diem or other benefits.

However, these penalties may vary by state and by case. Some violations may require a conviction in a court of law, while others may be handled by an ethics commission or a legislative body. The disqualification clause of the Fourteenth Amendment may also apply to some cases of insurrection or rebellion against the United States. Therefore, it is not possible to give a definitive answer to whether it is illegal for a public office holder to not have a valid oath of office, as it may depend on the circumstances and the laws of each state. So do your homework.

Find how to do a Freedom of Information request at the federal level or find how they are done at the state level. Then mail the standard formatted request, citing the applicable law at either federal or state level – regarding FOIA requests and Oath of Office requirements.  A little quick search/research online goes a long way. 

The Federal law as to specific requirements are at 5 U.S. Code § 3331-3333.  Read it carefully for ALL elements required on an oath of office affidavit of record. See your state requirement separately if a state matters. If the oath of office affidavit is not proper, everything they are doing is illegal and without force of law. Keep that in mind. Therefore, every order, warrant, indictment, ticket, bill, hearing, arrest, etc — may all be invalid and without proper authority. Hold them accountable to that statute and let them know they are subject to the penalties listed. When you bring this up, expect to be ignored, but stand your ground, nonetheless. It is likely the protectors or judges involved may also be without their proper oath of office as well. Therefore, you should expect pushback. This may be your best and simplest option in many cases. 

5 U.S. Code § 3331 – Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: 

“I, John Henry Doe, 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.” This section does not affect other oaths required by law.  (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)

5 U.S. Code § 3332 – Officer affidavit; no consideration paid for appointment –

An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)

5 U.S. Code § 3333 – Employee affidavit; loyalty and striking against the Government.

1. Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title. (COMMENT – it has been discovered that ALL Biden administration appointees are defective, which has to be intentional, and may explain a lot). 
2. An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of section 7311 of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)
3. 
   

5 U.S. Code § 7311 – Loyalty and striking.

An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— 

1. advocates the overthrow of our constitutional form of government.
2. is a member of an organization that he knows advocates the overthrow of our constitutional form of government. 
3. participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or 
4. is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524.)
5. 
   

Keep in mind an affidavit for the oath of office must have been sworn under penalties of perjury and dated or signed and dated before a notary. Most officers in state and federal offices are without their properly executed oath of office on file, and therefore without authority, and are therefore committing crimes against you by impersonating public officials.

Let them know you are happy to proceed with a matter they have raised (ie: arrest, ticket, bill, pay a tax etc), and tell them that you “accept their oath of office”….and will proceed IF they provide evidence of their “valid oath of office” that was in place at the time of their first action against you. It’s that simple. 

So as early as possible in a case, begin writing to the state or federal attorney general or other relevant agencies to obtain the oath of office of any public official and inform them you are on hold until it is received and verified. Follow specific FOIA procedures for the state or Federal government, Always politely “conditionally accept” (in honor) their offer to move forward, once the oath of office (valid executed), if provided first. 

If necessary, object and move to dismiss if they will not provide their proof of authority like this. If this oath of office issue is later found to be defective, then you can “object”. This can serve as grounds for appeal and sanctions against them…for impersonating a public official. 5 USC 7311 may apply.

Can you cross-examine an officer asking about this?

According to the U.S. Code1, federal agents are required to take an oath of office to support and defend the Constitution of the United States against all enemies, foreign and domestic. This oath is a solemn promise that binds them to their duties and obligations as public servants2. If you have reason to believe that a federal agent has violated their oath of office or does not have one or has one where the affidavit is incomplete such as being not singed, dated, nor not notarized, nor sworn under penalties of perjury you have a remedy. You can recuse them, charge them with crimes of impersonating a public official, and more. Of course, any evidence they obtained can be thrown out as well upon your motion.  You may cross-examine them by asking questions that challenge their credibility, integrity, and loyalty to the Constitution.

Some possible questions are (in person or in court):

• When did you take your oath of office and who administered it to you?
• Do you have a copy of your oath of office, and can you produce it as evidence?
• Can you provide your affidavit that is supposed to be properly signed and dated by you AND in front of a notary properly executed, or sworn under penalties of perjury?
• Have you ever voluntarily borne arms against the Republic of South Africa or given aid or comfort to its enemies?
• Have you ever acted in a way that was contrary to the Constitution or the laws of the  Republic of South Africa?
• Have you ever lied, falsified, or destroyed evidence in the course of your official duties?
• Have you ever tampered with or intimidated a witness or obstructed an official proceeding?

These questions are not legal advice and may not be appropriate for every situation. You should consult with a lawyer before cross-examining a federal agent or any other witness.