Case Number: 2023-___

______________________________________________________________________________
US ATTORNEY’S OFFICE
THE DISTRICT OF COLOMBIA

In re: BENJAMIN DAVIS

Petitioner
______________________________________________________________________________

On Petition for Writ of Quo Warranto to the U.S. Attorney in the District of Columbia
Regarding: Secretary of Defense, Lloyd Austin III

PETITION FOR WRIT OF QUO WARRANTO

Submitted by Benjamin Davis
______________________________________________________________________________

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 I.
JURISDICTIONAL STATEMENT

The US Attorney has jurisdiction over this petition pursuant to 28

U.S. Code § 1651 and D.C. Codes §16–3501 and §16–3503 as it seeks a
writ of quo warranto from the Federal District Court for the District of
Washington D.C., regarding an individual appointed to an office
of honor or profit in the civil or uniformed services. All conditions
precedent are satisfied, waived, or otherwise deemed unnecessary to
instigate this action.

II.
RELIEF SOUGHT
1. Pursuant to 28 U.S.C. §1651 and D.C. Codes §16–3501 and §16–
3503, Petitioner, Benjamin Davis (“Davis”), respectfully petitions the US
Attorney for a writ of quo warranto regarding the legitimacy of authority
of Secretary of Defense, Lloyd Austin III (“Austin”) to mandate any medical procedure.

2. For immediate termination of “Austin” from his appointed position.

3. Render all official acts, regulations, mandates, and any official actions whatsoever,
including the appointment of any subordinates, void ab initio.

4. For all Department of Defense civilian and military employees restored to their positions
to include back pay, promotions, bonuses, awards and medals appropriate.

III.
ISSUES PRESENTED
1. The issue before the US Attorney is straightforward: Petitioner seeks the source of
authority granted to the Secretary of Defense to require medical procedures.

2. Captain Benjamin Davis brought information demonstrating the lack of authority to the
military Judge Advocate General (JAG) and the JAG failed to rebut or provide any
evidence from whence the military command structure obtained authority in this matter.

3. Orders issued by Secretary of Defense, Lloyd J. Austin, III appear to have usurped the
authority granted unto him. He ordered the civilian and uniformed DoD personnel to
submit to a medical procedure, in spite of the fact this authority was never granted to the
office of the Secretary of Defense.

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4. For the reasons provided, Petitioner respectfully requests the US Attorney seek the Court
to issue a writ of quo warranto and enforce the relief sought in Part II for the individuals
referenced, as the capability of “Austin” to hold his respective office and lawfully
exercise the authority granted to that office are demonstrably in question.

IV.
STATEMENT OF FACTS

1. Medical procedures are voluntary acts requiring the consent of the patient.

2. The Secretary of Defense was never delegated authority to require medical procedures.

a. Per 10 U.S. Code § 113, (b) “The Secretary is the principal assistant to the
President in all matters relating to the Department of Defense. Subject to the
direction of the President and to this title and section 2 of the National Security
Act of 1947 (50 U.S.C. 3002) he has authority, direction, and control over the
Department of Defense.”

b. Neither the Secretary of Defense, nor the President whom he assists have the
authority to require medical procedures or any type.

3. The duty of the Secretary of Defense is to assist the President in training and equipping
the war-fighting force in providing for the common defense of the nation. These duties
allow them to prohibit certain medical procedures in an extremely limited scope which
would be detrimental to the individual and the unit or prohibited by U.S. Law.

a. One example is medical marijuana as this is already delegated by law. The

limitations prohibit him from interfering with medical decisions not granted by
law even if they cause prolonged degradation to unit readiness.

b. Another example is a procedure referred to as a sex change which usually takes an

individual off of flying duties, prevents them from deploying for up to four years,
and cost the military and taxpayers, tens of thousands of dollars.

4. The foundation of the DoD immunization program is a joint regulation signed by all
departments of the DoD. This joint regulation governs the administration of
Immunizations and Chemoprophylaxis for the Prevention of Infectious Diseases. It is
also known as Air Force Instruction 48-110, Army Regulation 40-562, Navy Bureau of
Medicine and Surgery 6230.15B, and Coast Guard COMDTINST M6230.4G. The

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 purpose is to require the government to provide medical options which might have some
ability to protect an individual.

It states that the Surgeon General is the Proponent and Authority for this program.
Proponent, according to Noah Webster’s 1828 Dictionary, “One that makes a proposal
or lays down a proposition.” Authority means, under definition 8, “Government; the
persons or the body exercising power or command.” By the signed admission of each
service, they state that this regulation can only be enforced under the authority of the
Surgeon General.

5. By Law, the authority of the Surgeon General only extends to things, not to men or
women. 42 U.S. Code § 264 establishes this enforcement authority.

“The Surgeon General, with the approval of the Secretary, is authorized to make and
enforce such regulations as in his judgment are necessary to prevent the introduction,
transmission, or spread of communicable diseases from foreign countries into the States
or possessions, or from one State or possession into any other State or possession. For
purposes of carrying out and enforcing such regulations, the Surgeon General may
provide for such inspection, fumigation, disinfection, sanitation, pest extermination,
destruction of animals or articles found to be so infected or contaminated as to be
sources of dangerous infection to human beings, and other measures, as in his judgment
may be necessary.”

6. Another regulation for DoD programs is DODI 6200.02 Application of Food and Drug
Administration (FDA) to Department of Defense Force Health Protection Programs.

The authority for this regulation is the Under Secretary of Defense for Personnel and
Readiness. This regulation applies to the Secretary of Defense, Chiefs of Staff, Inspector
General, and all DoD personnel. Note: the authority of the Under Secretary of Defense
for Personnel and Readiness is granted under 5 USC 1402 and is also listed in DODI
5124.02 “Under Secretary of Defense for Personnel and Readiness.” This authority
includes the ability to identify threats to the health of the force, assess information, access
studies, and make recommendations. He can also develop plans and programs for
providing for readiness.

Notice: the Under Secretary of Defense for Personnel and Readiness carries no legally
binding authority. This is why all publications from the Under Secretary of Defense for
Health the Readiness released in the last three years have come out as guidance, not
mandates, because no authority was ever granted to require a procedure, he can only
provide and offer medical countermeasures. The words provide, guide, and
recommend, carry no legal weight, nor can they be required.

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7. Department of Defense Directive (DODD) 6205.02 DOD Immunization Program: This
regulation was written in accordance with DODD 6200.4 and DODI 1010.10.

a. This directive is one of the “programs” developed by the authority of the Under
Secretary of Defense for Personnel and Readiness under the direction of the
Secretary of Defense.

b. It establishes the policy for DoD members in section 1.2a by stating DoD
personnel will be “offered immunizations in accordance with CDC
recommendations.”

c. Section 3.1 says the DoD will “Provide clinical services for vaccine-preventable
diseases as well as occupation specific hazards.”

d. Notice: the words used in this regulation are: “offered,” “recommendations,” and
“provide.” All lack any legally binding authority. Each of these regulations are
restraints upon the government only and lack any requirement for the troops
to subject themselves to these items.

8. The joint regulation governing the administration of Immunizations and

Chemoprophylaxis for the Prevention of Infectious Diseases (Air Force Instruction (AFI)
48-110), chapter 4 on Policy says, “It is DoD policy that:

a. 4.1. Personnel carrying out military operations shall be provided the best
possible medical countermeasures to chemical, biological, or radiological
warfare or terrorism and other health threats. The DoD Components shall make
preferential use of products approved by the FDA for general commercial
marketing, when available, to provide the needed medical countermeasure.”

b. Notice the policy does not require any medical procedure be accomplished. It
establishes guidance that requires action on part of the DoD, while in no way
demanding participation by the troops. There is no requirement for the individual
to take a risky countermeasure which may or may not have been evaluated for
carcinogenicity, mutagenic, or impairment of fertility. The side effects for many
medical procedures include death among other impairments which can damage
the warfighting capability of the United States.

c. This regulation also requires those administering vaccinations to follow the

recommendations of the CDC, ACIP, and package inserts. Again, the
responsibility resides upon the government to provide prophylactics, and not on
the member to consume them. The authority is based on “recommendations,”
which cannot be construed to be legally binding.

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9. Department of Defense regulations, instructions, and directives are policy. Policy is
unlawful if it undermines law, which is why they have been carefully written to be in
accordance with law. Laws are required to conform to the Constitution.

a. Article 6 paragraph 2: “This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the supreme Law of the
Land; and the Judges in every State shall be bound thereby, any Thing in the
Constitution of Laws of any State to the Contrary notwithstanding.” Notice that
anything contrary to this Constitution is without capacity.

b. This fact is also supported by the Supreme Court. WILLIAM MARBURY v.

JAMES MADISON states that all laws repugnant to the Constitution are null and
void. “Thus, the particular phraseology of the constitution of the United States
confirms and strengthens the principle, supposed to be essential to all written
constitutions, that a law repugnant to the constitution is void, and that courts, as
well as other departments, are bound by that instrument.” Notice all
departments, to including the Department of Defense, are bound hereby.

10. The preamble to the “CONSTITUTION OF THE UNITED STATES,” (The Original is
without title, but simply began with, “We the People”).

a. The Preamble to the Constitution: “We the People of the United States, in Order
to form a more perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.”

b. The purpose of the Constitution is to “secure the Blessings of Liberty.” The laws
which precipitated from thence are only designed to support this Constitution. The
Secretary of Defense derives his authority or duty to the Constitution from Law
written in adherence to this Constitution from whence the government derives its
just authority.

c. Thomas Edison said: “The strength of the Constitution lies in the strength of
those who defend it.” Secretary of Defense, Lloyd J. Austin III, made oath or
affirmation to protect and defend the Constitution of the United States and that
oath prohibits him from transgressing, attacking, or usurping the Constitution as
he must hold his “Offices during good Behavior” Article 3, Section 1.

d. The preamble says the first “Order” of the Constitution and the very existence of
government in this land is to “establish justice.” Noah Webster’s 1828 defines
“Order”: “2. To lead; to conduct; to subject to rules or laws.” The Constitution
begins with telling us it is a governance by laws, not by men. As such, all orders,
mandates, and directives must be in accordance with, and based upon authority
granted to the Secretary of Defense.

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 1. Each military policy and regulation list the authority as being derived from
or in accordance with law. U.S. Law is derived from Common Law.
Common Law is copied almost verbatim from the Law of God. This is
why our founding fathers, proclaimed, “No king, but King Jesus.” This
comes from Romans 13, and Proverbs 17:15 which tell us the purpose of
government is to condemn the wicked and justify the righteous.

2. The validity of the Order and Mandate from the Secretary of Defense to
obtain an injection is suspect, as he referred to himself as his own
authority. His specific words were, “I have determined that mandatory
vaccination….” Clearly, a personal determination carries no weight
without authority. Authority is only pretended when it is contrary to law
and carries no legal weight.

3. Later in the letter, Lloyd J. Austin, III, said the injections should be
administered in accordance with DODD 6205.02. As pointed out in
previously in section 7, this regulation lacks authority to require medical
procedure. All medical procedures are entirely voluntary and cannot be
mandated.

e. After establishing Justice, the Constitution was established to “insure domestic

Tranquility, provide for the common defence, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity.” There is no
domestic tranquility without justice as demonstrated by the wall of the Minnesota
Supreme Court which declares, “Justice is the defender of Liberty.”

f. After domestic tranquility is assured, We the People provide for the common
defense. The Oath of Office specifies the ultimate mission of the Department of
Defense is to “defend the Constitution of the United States from all enemies
foreign and domestic.” One who attacks, usurps, or betrays the Oath of Office
makes himself an enemy of the Constitution he swore to uphold.

g. After our defense is assured, then comes promotion of the “general Welfare.”
Noah Webster’s 1828 defines welfare as:

1. “WELFARE, noun [well and fare, a good faring; G.]

1. Exemption from misfortune, sickness, calamity or evil; the
enjoyment of health and the common blessings of life; prosperity;
happiness; applied to persons.

2. Exemption from any unusual evil or calamity; the enjoyment of

peace and prosperity, or the ordinary blessings of society and civil
government; applied to states.

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 2. Promoting the General Welfare requires opportunity to obtain “exemption
from” policies which undermine law and the enjoyment of health. The
Secretary of Defense lacks authority to require medical procedures as any
such requirement would undermine law and prevent the “enjoyment of
health.”

3. When the Secretary of Defense wrote a mandate for the troops to subject
themselves to a medical procedure to be injected with a toxin (unknown,
physically altering, had been proven to cause other known and unknown
“adverse effects,” invade of the body, inflame the immune system, and
alter its security system “immune system”), he stepped outside of his
authority and his actions caused tremendous “calamity” and it was an
“unusual evil” inserted into the Holy Temple of the troops.

1. Notice the data presented from the DoD’s own medical system,
DMED, presented at Senator Ron Johnson’s round table which
showed tremendous destruction of a group of young healthy
individuals. Following the requirement to take this injection, the
DMED database showed this same demographic to become of the
sickest person groups in the world.

2. Personal testimonies to this effect can be found across the DoD.

The 188th Wing in particular has two outstanding troops who will
never be able to serve their country again due to adverse events
directly related to these shots. One young man was as strong and
healthy as anyone on base, until taking a COVID-19 shot that
caused a massive stroke. The other individual in the 188th Wing
requested a medical exemption, and it was denied at the local level.
Upon being forced to take this injection that he had requested an
exemption from, he had a major medical emergency that nearly
took his life, and it will affect him for the rest of it.

h. The General Welfare Clause exempts the people of the United States from
participating in evil. Historically, the vaccine industry has been built upon slaves,
orphans, and murder to aggrandize wealth unto themselves. Under the Direction
of the Secretary of Defense, tens of thousands of troops from all branches of the
United Stated Military were denied medical and “religious accommodation”. The
result was tremendous calamity, grievous injury and death. Injuries resulting
from the leadership of the Secretary of Defense are preventing troops from “the
enjoyment of health and the common blessings of life; prosperity [and]
happiness.” Numerous doctors, to include my Primary Care Physician, have
written letters with peer-reviewed NIH studies demonstrating the toxic nature of
ingredients from this injection and the harms of injecting them.

i. Evidence of the damage caused by the Secretary of Defense requirement for a

medical procedure was presented per official letter from Senator Ron Johnson

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 to Secretory of Defense Lloyd Austin. “Based on data from the Defense
Medical Epidemiology Database (DMED), Renz reported that these
whistleblowers found a significant increase in registered diagnoses on DMED
for miscarriages, cancer, and many other medical conditions in 2021 compared
to a five-year average from 2016-2020. For example, at the roundtable Renz
stated that registered diagnoses for neurological issues increased 10 times from
a five-year average of 82,000 to 863,000 in 2021. There were also exponential
increases in registered diagnoses in 2021 for the following medical conditions:

1. Hypertension – 2,181% increase

2. Diseases of the nervous system – 1,048% increase
3. Malignant neoplasms of esophagus – 894% increase
4. Multiple sclerosis – 680% increase
5. Malignant neoplasms of digestive organs – 624% increase
6. Guillain-Barre syndrome – 551% increase
7. Breast cancer – 487% increase
8. Demyelinating – 487% increase
9. Malignant neoplasms of thyroid and other endocrine glands – 474%
increase
10. Female infertility – 472% increase
11. Pulmonary embolism – 468% increase Migraines – 452% increase
12. Ovarian dysfunction – 437% increase
13. Testicular cancer – 369% increase
14. Tachycardia – 302% increase”
https://www.ronjohnson.senate.gov/2022/2/sen-johnson-to-secretary-austin-
has-dod-seen-an-increase-in-medical-diagnoses-among-military-personnel
Notice: The Constitution, Law, and all DoD policies place restraint on the
Government, without requiring medical participation from the service
member!

11. Article I (All legislative powers vested in a Congress), Section 8:

“To provide and maintain a Navy;
To make Rules for the Government and Regulations of the land and Naval
Forces;
To Provide for the calling forth the Militia to execute the Laws of the
Union,”

Only Congress is empowered to make “Regulations of the land and Naval

Forces.” This was not delegated to the Secretary of Defense.
The duty of the Department of Defense is “to execute the Laws of the
Union.” The policies followed by the DoD are a restraint to Law, not a
license to usurp, transgress, or pervert. The sworn, or affirmed oath taken
by those in the DoD is to follow Constitutional Law, not to make
administrative law subversive to the Constitution. “

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 “Every law consistent with the Constitution will have been made in
pursuance of the powers granted by it. Every usurpation or law repugnant
to it cannot have been made in pursuance of its powers. The latter will be
nugatory and void.” (Thomas Jefferson, Elliot, p. 4:187-88).

It appears the Secretary of Defense has assumed the authorities of

Congress, contrary to the law, rather than his duty to “execute the Laws of
the Union.” Furthermore, the Department of Defense took punitive
actions against the troops who stood by their duty to execute Law. The
duty of government is to condemn the wicked and justify the righteous
(Isaiah 51:4, Isaiah 26:9, and Romans 12:21-13:1-10). Attacking the
righteous, while protecting the wicked is judgment turned backwards;
reference Isaiah 59:14-15

“14Therefore judgment is turned backward, and justice standeth far off:

for truth is fallen in the street, and equity cannot enter. 15 Yea, truth
faileth, and he that refraineth from evil, maketh himself a prey: and when
the Lord saw it, it displeased him, that there was no judgment.”

12. Article II (The executive power shall be vested in a President), Section 3 “He shall take
Care that the Laws be faithfully executed, and shall Commission all of the Officers of the
United States.” The officers of the United States are commissioned to faithfully
execute the Laws found in the U.S. Constitution and this shall be done with great
care. The Secretary of Defense has been granted delegated authority to support the
president in faithfully executing the Laws of the United States. He does not have
authority to create law or transgress law in requiring a medical procedure. No such
authority was ever delegated to the President, nor the officers he commissioned to “take
Care that the Laws be faithfully executed.”

a. Webster’s 1828 defines Care:

“1. Concern; anxiety; solicitude; nothing some degree of pain in the
mind, from apprehension of evil. They shall eat bread by weight and with
care Ezekiel 4:16.

2. Caution; a looking to; regard; attention, or heed, with a view to safety

or protection, as in the phrase, take care of yourself. A want of care does
more damage than a want of knowledge.

3. Charge or oversight, implying concern for safety and prosperity; as, he

was under the care of a physician. That which cometh upon me daily, the
care of all the churches. 2 Corinthians 6:1.

4. The object of care or watchful regard and attention; as, Is she thy
care?”

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 b. The commissioned Officers of the United States have been delegated “charge or
oversight” with concern for safety in the execution of the Constitution and all
laws in pursuance thereof. “There is no position which depends on clearer
principles than that every act of a delegated authority, contrary to the commission
under which it is exercised, is void. No legislative act, therefore, contrary to the
Constitution, can be valid.” (Alexander Hamilton, The Federalist Papers, #78).

13. Article III (judicial power), Section 2 “The judicial power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority; --to all cases … between a
state, or the citizens thereof, and foreign States, Citizens or subjects.”

a. The Laws of the United States, as well as all Treaties made in pursuance thereof,
condemn forced medical procedures. Reference the Helsinki Act 1975, among
others. The rulings of cases directly related to the mandate from the Secretary of
Defense were not considered (reference Doe #1 v. Rumsfeld). Furthermore, new
cases levied against the mandate demonstrated the Secretary of Defense was in
the wrong, yet corrective actions were not taken to bring justice upon the heads of
those who transgressed the law. The blood of U.S. troops who lost their lives
and/or livelihoods as a result of the execution of unlawful mandates cry out for
justice.

b. The DoD went back to the Court and “sought vacatur of the opinion” after they
lost the case. This clearly demonstrates contempt for the court’s ruling that the
DoD had violated law, rather than changing its ways to conform to the law.
“KETHLEDGE, Circuit Judge, concurring in the denial of rehearing en banc.
‘That a party chooses to comply with our decision is hardly a reason to vacate
it.’” Kethledge continued, “In this case, our opinions will stand as a caution
against violating the Free Exercise rights of men and women in uniform—which,
by all appearances, is what the Air Force did here.” Reference Doster v Kendall.

c. The medical procedures mandated by the Secretary of Defense and procedures

written as guidance by the Under Secretary of Defense, were only available “FOR
USE UNDER EMERGENCY USE AUTHORIZATION” (EUA). A federal court
held that the U.S. military could not mandate EUA products to soldiers. Doe #1 v.
Rumsfeld, 297 F.Supp.2d 119 (2003). Furthermore, in an order issued Nov. 12,
2021 in Doe et al. v. Austin, U.S. Federal District Judge Allen Winsor stated that
“the DOD cannot mandate vaccines that only have an EUA.” This logic and thus
ruling would obviously apply to all EUA products. Knowing the law, judicial
precedents, and the severe consequences of usurping it the law, the DoD moved
forward in requiring forced medical experimentation on its own troops to the
demise of the warfighting capability of the United States of America.

14. Article IV, Section 2 “The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.”

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a. In all 50 states, the “Privileges and Immunities of Citizens” are protected. This is
because “Liberty is the right to do what the Law permits” stated Charles
Montesquieu. The laws of the several states secure the rights of the citizens of
each state from which the troops cometh from to serve these United States. We
the people enjoy all Privileges to include making independent decisions to secure
their health and welfare in regard to medical procedures.

Webster’s 1828 defines “Privilege”:

“1. A particular and peculiar benefit or advantage enjoyed by a person,

company or society, beyond the common advantages of other citizens. A
privilege may be a particular right granted by law or held by custom, or it
may be an exemption from some burden to which others are subject. The
nobles of Great Britain have the privilege of being triable by their peers
only. Members of parliament and of our legislatures have the privilege of
exemption from arrests in certain cases. The powers of a banking
company are privileges granted by the legislature.

2. Any peculiar benefit or advantage, right or immunity, not common to

others of the human race. Thus we speak of national privileges, and civil
and political privileges, which we enjoy above other nations. We have
ecclesiastical and religious privileges secured to us by our constitutions of
government.”

b. “The unanimous Declaration of the thirteen united States of America”, the

founding Trust document from which “any Form of Government” is derived from
and purposed for, establishes “We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator with certain
unalienable rights, that among these are life, liberty, and the pursuit of happiness.
That to secure these rights, governments are instituted among men, deriving their
just powers from the consent of the governed.”

Whereas rights are “endowed” by our “Creator” upon conception, “before the
foundation of the Earth” (Ephesians 1:4), and they not granted by man, they are
un-a-lien-able. Meaning that a lien cannot be placed against these rights. They
cannot be denied, disparaged, bought, sold, or traded. They do not belong to
governments nor those serving therein, as God created man with “certain
unalienable rights” for his pleasure and exclusive free will in “pursuit of
happiness”.

The Creator endowed man with unalienable rights, also created the Law and
created government to protect these rights. “The righteous shall be justified, and
the wicked condemned” (Deuteronomy 25:1). At the founding of the United
States, the government charged all those who serve in it to “be bound by oath or
affirmation to support this Constitution” (“governed”), for the express purpose,
“to secure these Rights” and “to effect their Safety and Happiness.”

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15. Article VI, “This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the authority of
the United States, shall be the supreme Law of the Land; and the Judges in every State
shall be bound thereby.”

There is a misconception that the Supreme Court is the highest law of the land. The
reality is that “This Constitution” and the Laws in “Pursuance thereof;” are the
“Supreme Law.” Whereas, these are supreme, absolutely no law, policy, guidance, or
order may exist in contradiction. The mandates, policies and procedures issued by the
Secretary of Defense are without effect when they stand incongruity.

16. Article VII, “In the Year of our Lord one thousand seven hundred and Eighty seven and
of the Independence of the United States of America.” Notice: The Constitution
concludes with, “In the Year of our Lord,” and cites the “unanimous Declaration”. This
entire document lends its sole authority to the Lord and Creator. From the God of
Abraham, Isaac, and Jacob, come our rights. Though men have been at enmity against
their Creator since the Garden of Eden, they have never succeeded at overthrowing the
Law of God, nor will they ever.

Thomas Adams said, “That which a man spits against heaven, shall fall
back on his own face." The Department of Defense appears to have set
itself in opposition to the United States of America and The Creator who
established this great Nation. Realize that America was not great, because
it was free. America was free, because it was Godly! Reference Alexis
de Tocqueville’s America 1835. This book describes the fruit of a Nation
whose god was the Lord. Our country knew the tremendous price paid for
their freedom from tyrants and were dead set to never cave again. They
rightly understood that “For the Transgressions of a nation, many are the
princes thereof.” -Proverbs 28:2

17. The BILL OF RIGHTS

1. Preamble to the Bill of Rights: “The Conventions of a number of

the States, having at the time of their adopting the Constitution,
expressed a desire, in order to prevent misconstruction or abuse
of its powers, that further declaratory and restrictive clauses
should be added: And as extending the ground of public confidence
in the Government, will best ensure the beneficent ends of its
institution.”

The preamble to the Bill of Rights says these were written, “in
order to prevent misconstruction or abuse of its powers.” The
Secretary of Defense appears to have assumed authority not
granted unto him in requiring a medical procedure he was not
authorized to require. He further took away Rights endowed to the

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 people by their Creator in his mandate for a medical procedure.
This was an apparent betrayal of his oath to secure these rights in
faithfully executing the laws of the United States in accordance
with its charter, The Constitution.

2. Article I: “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.”

Congress, the only authority who can write law, is specifically

prohibited from making law respecting religion. The DoD
obviously lacks authority to use any color of law to attack “the free
exercise thereof.” The Department of Defense has attacked,
denied, and denigrated, those who sought their right to “religious
accommodation” to prevent the breach and invasion of toxins and
mRNA specifically designed to alter the natural immune system
and the very DNA designed by the Creator, thus limiting and even
destroying the security system of the health for each individual.
Members were coerced into forfeiting their rights.

The DoD segregated troops due to religious beliefs and those who
would not succumb, were reprimanded and punished. Repeated
petitions to the DoD were answered only with insults and
additional injury. As a result of requesting a “Religious
Accommodation” in accordance with rights protected by the 1st
Amendment and military regulations specifying “religious
accommodation”, some troops were prohibited from even
submitting for accommodation. An “establishment of religion” is
an entity protecting the free worship and service to the One True
God, the God of Abraham, Isaac, and Jacob; reference Webster’s
1828 dictionary.

3. Article II: “A well regulated Militia, being necessary to the

security of a free State, the right of the people to keep and bear
Arms, shall not be infringed.”

The DoD has established a pattern of behavior of usurping their

authority and an example is restricting the troops from protecting
themselves. Article II is denied and prohibited by signs at the
entry to each military installation which say, “Firearms are
prohibited by order of the Commander.” The Commander is
absolutely without authority to tell the troops to drive to work
unarmed, work disarmed, and return home without arms. Those
who have volunteered to protect this country are being denied the

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very rights they signed up to defend. Annual training in the DoD
teaches troops to run and hide in the face of danger. This policy
had led to dozens of well-trained, but disarmed troops being
murdered as a result; reference: December 6, 2019: Pensacola
Naval Air Station, December 4, 2019: Joint Base Pearl Harbor-
Hickam, April 2, 2014: Fort Hood, September 16, 2013:
Washington Navy Yard, and November 5, 2009: Fort Hood.

Not only are the troops prohibited from defending themselves, but
they are also told they cannot make informed decisions about
medical procedures which could and have taken the lives of troops.
From whence does the Secretary derive his authority to prohibit the
troops from making informed health decisions?

The Geneva Conventions require that when you take arms from a
prisoner you assume full responsibility for their security. The DoD
has personally assumed all responsibility for protection of each
member when they disarm them, thus making our war-fighting
units defenseless. This makes the DoD a soft target for the enemy.
Imagine if China trained their troops to play the coward in running
and hiding, rather than protecting and defending.

This is the opposite of what God commands of his troops in that

we are to be bold and courageous; reference Joshua 1:9. God
forbids murder in the 6th commandment, and the positive
application of this commandment is that we are charged to do
everything possible to protect life.

The Secretary of Defense has set himself at enmity against the U.S.
Constitution to which he “shall swear an oath or affirmation to
support.” He directly violated the Bill of Rights Article II,
rendering “aid and comfort to the enemy” in making it easier to
attack the United States and advertising to our enemies that we are
a disarmed people.

Adolph Hitler said, “The most foolish mistake we could possibly

make would be to allow the subject races to possess arms. History
shows that all conquerors who have allowed their subject races to
carry arms or their political opposition have prepared their own
downfall by doing so.” This is what he said before he disarmed the
people in 1938. From 1938-1945, 13 million Jews and others who
were unable to defend themselves were rounded up and
exterminated.

In this same time frame, the U.S. government also disarmed and
rounded up minorities and threw them in prison camps where they

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 were held without charges. Does the Secretary of Defense seek to
subjugate the troops who hold to the Law and dissent to his
unlawful, without authority, in opposition to the laws and the
“principles” to which “any Form of Government” are “bound
thereby?” The secretary was never delegated authority concerning
the rights of the people nor was he given a lien against those rights,
nor could he have obtained such delegated authority to do such.

4. Article III: “No soldier shall be quartered in any house without the
consent of the owner.”

It stands to reason that no government entity, property, substance,

or device may be lodged inside of the domicile of any person
without explicit consent. Authority to quarter government
property within the residence of the troops was never granted.

5. Article IV of “The Bill of Rights”: “The right of the people to be

secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, 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.”

The Department of Defense has undermined the right of the troops

to be secure in their persons, houses, papers and effects including
their sovereign body (Holy temple). Medical procedures mandated
by the Secretary, require all those without a fully licensured
injection to subject themselves to unreasonable searches and
seizures.

As of 1 October 2023, no licensed “vaccination” has ever been

produced, thus requiring everyone to consent to unreasonable
searches and seizures of personal property. Even if the Secretary
had gone through due process of requiring a warrant to search each
troop, the testing methods required to be used to determine
infection with COVID-19 said on the FDA Emergency Use
Authorization that they could not identify COVID-19. This search
penetrates the body and collects genetic material. Reference John
Hopkins University Study for specifics on function of PCR tests.

Under the direction of Lloyd J Austin, III, the DoD has threatened,
forced, and/or coerced the troops to be searched and things taken
from their bodies without their consent. Further, it appears from

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 reports that the “testing” procedure is toxic and may leave various
contaminates and foreign entities deposited in the body at its most
vulnerable membranes. The alleged “test” is unable to detect any
“virus including “Covid -19” and the inventor of the test testified
that it is unusable and would be a misuse of it for this purpose.
Dozens of troops were cited as “unfit for duty” when they did not
insert toxic material into their body nor consented to
‘unreasonable searches and seizures.”

6. Article V: “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.”

The DoD has taken punitive action against the troops for not taking
toxins, as defined by the Material Safety and Data Sheet for those
ingredients (Reference NIH: Polyethylene glycol (PEG) is a cause
of anaphylaxis to the Pfizer/BioNTech mRNA COVID‐19 vaccine
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8251011/).
Without any process of law, troops were deprived of “life, liberty,
or property.” The DoD has only referenced policy which
undermines law when it is not submissive thereto.

7. Articles IX and X: “The enumeration in the Constitution, of

certain rights, shall not be construed to deny or disparage others
retained by the people.”

DoD policies and regulations require that the individual “Shall”

have access to immunizations and chemoprophylaxis, it does not
require the troops to receive these products. The restrictions are
always on the government, and never on the people as these “shall
not be construed to deny or disparage others retained by the
people.”

DoD leadership set forth to deny the right to be secure in one’s

person, which is specifically forbidden. This goes into Article X:
“The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the

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 States respectively, or to the people.” The right to Life, Liberty,
and property are specifically reserved to the people.

8. Article XIII: “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.”

Contrary to the statements and actions of the DoD, troops are not
slaves nor are they criminals serving punishment for crime. They
are volunteers who swore of affirmed to support this Constitution.
My great grandfather was a slave. My grandfather served in the
U.S. Navy and risked his life to ensure this country remained free,
and I have served over 20 years in the U.S. Air Force to continue
the fight against slavery.

If we allow lawlessness, and sedition to usurp our Constitutional

Republic (Article 4, Section 4), we will again become slaves to
tyrants like the one we fought off to establish this nation. How
much blood has been spilled to gain the liberty we have today?
The graves at Arlington Cemetery are a testament to the dedication
of our service members to defend against tyranny.

John Witherspoon, signer of The unanimous Declaration, President

of Princeton, and leader of the New Jersey Committee to abolish
slavery, said on May 26, 1776, “He is the best friend to American
liberty, who is most...active in promoting true and undefiled
religion...to bear down profanity and immorality of every kind.
Whoever is an avowed enemy of God, I scruple not to call him an
enemy of his country. It is in the man of piety and inward
principle that we may...find the uncorrupted patriot, the useful
citizen, and the invincible soldier." John Witherspoon concluded:
"God grant that in America true religion and civil liberty may be
inseparable."

9. Article XIV: “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 any person within
its jurisdiction the equal protection of the laws.”

To disregard this Amendment, is to violate the oath taken by the

Secretary of Defense, and every member of the military. It
undermines integrity and discredits the military profession.

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 Commanders have “abridge the privileges or immunities” and
have penalized service members who exercised the right to accept
or refuse administration of a dangerous experimental product. This
undermines the CONSTITUTION OF THE UNITED STATES,
and the Laws which we swore to uphold.

18. God’s Law

"The Bible is the rock on which our republic rests." - President Andrew Jackson
1. U.S. Law comes from Common Law as described by Blackstone’s
commentary (in the most studied and quoted law book in the history of our
nation). Common Law, as described by Blackstone, is directly derived
from God’s Law as written in the Torah (the first five books of the Bible).
This absolute foundation of God’s Law is affirmed by the seedbed for the
Constitution, that being the “unanimous Declaration.” A university study
from Constitution Coalition found that “of 15,000 writings of the 55 men
who signed the Constitution, including newspaper articles, pamphlets, and
books, the Bible, especially the book of Deuteronomy, contributed 34% of
all direct quotations.”

“God who gave us life gave us liberty. Can the liberties of a nation be secure when we have
removed a conviction that these liberties are a gift of God? Indeed I tremble for my country
when I reflect that God is just, that his justice cannot sleep forever.”
- Thomas Jefferson, Jefferson Memorial, Washington DC

BENJAMIN B. DAVIS, CAPT, USAF

NOTICE: This constitutes making known to some judge or other officer of the United
States or military of crimes cognizable of a court of the United States, see 18 USC 4, and
must be properly prosecuted in accord with the laws including the ones herein as
required. Failure to do so may evidence violations of the laws such as 18 USC 3, 18 USC
1534, 1535, etc.

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