Abstract
This report – scheduled for publication July 1, 2024 (available here) – is a critical analysis of the fundamental change in the form of government for the State of Idaho. It is based upon source documents provided by various state agencies, including the Office of the Governor and complicit actions by the State Legislature. It is copyrighted by the author and is published as a pdf file. “Fair use” of the material is expected and encouraged – including critical reviews – as long as appropriate citations are provided.
Until the report can be released, researchers will benefit from reading the following source documents which will be soon expanded here as appendices and exhibits (click on the links below):
Idaho Rulemaking: Twists and Turns by Trinette Middlebrook and Frank Powell, Idaho Department of Health & Welfare, August 15, 2021. (cf. Appendix B)
Executive Order No. 2020-01 “Zero-Based Regulation,” Governor Brad Little, Executive Department, State of Idaho, January 16, 2020
Internal Memo, Office of the Attorney General to Idaho City Officials “Emergency Procedures and Related Practices” undated, source, https://coronavirus.idaho.gov/. Instructs local government officials how to respond to the pandemic without incurring liability. (cf. Appendix C)
Executive Order No. 2022-04 “Assignments of All-Hazard Prevention, Protection, Mitigation, Response and Recovery Functions to State Agencies in Support of Local and State Government Relating to Emergencies and Disasters,” Governor Brad Little, Executive Department, State of Idaho, September 23, 2022 (cf. Appendix D)
Legislation Drafting Manual, Concise Version, Research & Legislation, Idaho Legislative Services Office, (p. 9 “states of emergency”)
State of Idaho Emergency Operations Plan, Idaho Office of Emergency Management, Military Division, Executive Department, 2023 (503 pages) (cf. Appendix E)
It will be expected that government officials will mock this report as poorly informed. They will claim that the “emergency clause” which has been added to all legislation passed in 2024 is merely an implementation schedule per Idaho Constitution, Section 22, Article III and Section 67-510, Idaho Code.
However, what proves the lie is the absence of the “severability clause” in all legislation, breaking with customary practice. “Severability” implies judicial review. Under martial law, judicial review is precluded, as the judicial power is suspended. Courts may only act as provisional administrative tribunals and the legislative branch devolves into a provisional government which is subject to sanction by the new layer of occupational governance.
James Stivers, author, May 16, 2024
Update July 2, 2024: Links provided above correlate with Appendices and Exhibits in the report.
For published report, go here: Profiling Martial Law Rule in Idaho
Appendix A, to be published July 15th, documents the long-reach of FEMA in the “martial law rule” scenario unfolding in Idaho. [New publication date: October 1, 2024]