DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 188TH WING (ANG)

FORT SMITH AR

15 January 2023

MEMORANDUM FOR 184 ATKS SQ/CC

FROM: Captain Benjamin Davis

184 ATKS
8325 White Oak Mountain Road
Booneville, AR 72927

SUBJECT: Rebuttal to Letter of Counseling for Medical Procedure

1. I, Captain Benjamin B. Davis, am currently assigned as an 18A- Attack Pilot at the

Ebbing ANGB, 184th Attack Squadron. This memorandum is my official rebuttal to a
Letter of Counseling issued by 184th Attack Squadron Commander, Lieutenant Colonel
Richard Lavery, after he ordered me to undergo a medical procedure that was not
available, making the order impossible to comply with.

2. The medical procedure was not possible to comply with. The specific shot Lt Col Lavery
directed me to get was the Tetanus Booster (Td). The base clinic has the responsibility to
provide all required immunizations and they have not had this shot available. On 1
December 2022, at 0655, Lt Col Lavery directed me to obtain the shot off base, as the
base clinic no longer stocks this shot. Over the course of the four day drill among other
duties, I contacted the on-base immunizations clinic as well as 34 civilian pharmacies off-
base within a 25 mile radius of base in the cities of Fort Smith, Alma, Van Buren, and
Greenwood, Arkansas. Not one of these pharmacies had the Td shot. Even with it being
impossible to obey the verbal order, Lt Col Lavery took punitive action against me for
not doing so. An order that is impossible to comply with is not a legal order and as such
no punitive action can come from it. I brought this via official email to the Wing Judge
Advocate General, Colonel Jenny Johnson, who said to come to her with any and all legal
questions. After 40 days, she has yet to refute this or the other questions posed to her as
to what Legal Authority a commander has to require a medical procedure.

3. A commander does not have the authority to require a medical procedure. Medical
procedures are voluntary acts requiring the consent of the patient. The JAG could not
refute this or cite any sources inquiring if the commander has authority to require one to
be performed. The duty of the commander is to train and equip a warfighting 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, such as medical marijuana. The
limitations do not allow him to interfere with other medical decisions, even if they cause
prolonged degradation, such as a sex change which takes someone off of flying duties,
prevents the individual from deploying for up to four years, and cost the unit tens of
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thousands of dollars. In in depth look at the authority for this one item, demonstrates
how Lt Col Lavery assumed authority not granted unto him. This is just one example of
many in the past year showing an established pattern of behavior in showing contempt for
his oath of office, his command, the Department of Defense, and the United States of
America.

a. Air Force Instruction AFI 48-110 Immunizations and Chemoprophylaxis for the
Prevention of Infectious Diseases

i. This instruction is the foundation of the immunization program and the

same regulation is used by all branches of the service. 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.” Only under the authority of the Surgeon General can this
regulation be enforced. The AFI also states the Army is the Executive
agent for and operates the military vaccination program. They are also
responsible for implementing DODD 6205.3, DODD 6205.02E, and
DODI 6205.4, Safety Surveillance, and post-licensure vaccine studies.
These regulations cite their source of authority is based in all of power
vested in the Surgeon General. This prompted an investigation into the
authority of the Surgeon General.

ii. 42 U.S. Code § 264 establishes his 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.”

This authority does not extend to the Tetanus Booster shot, as the shot is
not a communicable disease. Nor does the authority for “carrying out and
enforcement” allow him or her to require an injection.

iii. AFI 48-110 Chapter 2 requires vaccination administration to follow the

recommendations of the CDC, ACIP, and package inserts. Again the
authority lies in “recommendations,” which are not legally binding.
Chapter 2 goes on to require those administering the vaccines to “screen
all potential vaccines for contraindications on package insert” and to
defer individuals with sensitivity or allergy to vaccine or a component
thereof. The 188th Medical Group verified ingredients in the TDAP
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(Tetanus, Diphtheria, and Percusses) shot, the one available at the on-base
clinic, matched those my Primary Care Manager has already submitted as
being toxic to my body and waived my intake of those ingredients. The
Medical Group needs to have the actual Tetanus Booster shot directed by
the AFI in order to see if those ingredients are in that shot. The
Immunization clinic said that “due to changing formulations, they would
not know if the Tetanus Booster shot had those ingredients until it was
ordered and arrived at the clinic so they could read the insert.”

iv. AFI 48-110, 4-16 directs the TDAP as a one-time shot, which I have
already taken, and says the Tetanus booster shot should be after 10 years.
Notice: this is a recommendation, not a requirement.

b. DODI 6200.02 Application of Food and Drug Administation (FDA) to

Department of Defense Force Health Protection Programs.

i. The authority for this regulation is the Under Secretary of Defense for
Personnel and Readiness. This regulation applies to the SECDEF, Chiefs,
IG, and all DoD personnel. Note: the authority of the Under Secretary of
Defense for Personnel and Readiness is granted under 5 USC 1402 His
authority 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: he carries no legally binding authority.
This is why his publications for the last year have come out as guidance,
not mandates, because he has no authority to require anything, he can only
provide medical countermeasures.

ii. “4. POLICY It is DoD policy that: 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.” The policy
does not require any medical procedure, it establishes guidance that troops
are to be provided the best medical countermeasures for their safety.
There is no requirement to take a “Toxoid,” which according to the CDC
is a “chemically modified toxin which has not been evaluated for
carcinogenicity, mutagenic, or impairment of fertility.” The CDC list
reactions to taking a toxoid to include death. It is my duty, per my oath of
office which I swore to before God and man, to protect this country from
all enemies foreign and domestic. Arbitrarily taking a toxin that could
cause my death would be rendering aid and comfort to the enemy, not
protecting my country from them.
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iii. Department of Defense Directive (DODD) 6205.02 DOD Immunization

Program, IAW DODD 6200.4 and DODI 1010.10

1. This directive is one of the “programs” developed by the authority

of the Under Secretary of Defense for Personnel and Readiness. It
establishes the policy in 1.2a DoD personnel will be “offered
immunizations in accordance with CDC recommendations.” 3.1
says the DoD will “Provide clinical services for vaccine-
preventable diseases as well as occupation specific hazards.”
Notice: the words, “program,” “offered,” “recommendations,” and
“provide,” all lack any legally binding authority.

2. For the 188th Wing to require any medical procedure, they would
have to demonstrate a compelling government interest. The best
interest they can come up with is that they want to inject me with a
toxin, in order to maybe protect me from a toxin, which I might
possibly come in contact with or be contracted from horse manure
getting into a puncture would that doesn’t bleed. In 20 years of
service to my country, I have never had to serve in a mounted
Cavalry unit, nor is this likely to occur in the near future.

3. All of this is policy, and policy is unlawful if it undermines law.

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.”

4. The 188th Wing cannot order any medical procedure and despite
revealing this to them in numerous documents over the past year,
they have established as a pattern of behavior that they believe
their troops are owned. They have made orders for the troops to
receive deadly toxins injected through the skin and forced up their
noses. They have adopted the ways of the Angel of Death Doctor
Josef Mengele who said, “The more we do to them, the less they
believe it is us doing it to them.” The troops have said, “They
could not believe the leadership could be so evil.” No one thought
Prescott Bush, the father of George H. Bush, could have been so
evil either when he was indicted in 1942 for illegally supporting
Adolf Hitler while our American troops gave their lives to remove
the tyrant across the pond.

5. The 188th Wing has willingly violated the Nuremberg code giving
experimental injections to their own troops, which they already
knew had cause the deaths of over 10,000 Americans at that time.
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To date, over 6.5 million lives have been lost worldwide due to this
injection and yet leadership has not repented. They instead
continue to require dangerous drugs be administered to their own
troops while neglecting the reason the taxpayers are funding them.

6. The mission of the Air Force is to “fly, fight, and win in air, space,
and cyberspace.” Rather than focusing on that mission, we are
destroying our force from within. Pfizer’s own documentation and
DoD studies demonstrate they knew these injections caused heart
issues and death. Before the SECDEF Mandate went into effect,
myself and several others in the Wing warned of the damage this
would cause to national security, but the 188th Wing would not
heed proven data, but insisted on the destruction of their troops.

7. The Moderna Patents state the Covid-19 injections contain a self-

assimilating injectable computing system which transmits in the
2.4 GHz (Bluetooth) range allowing thoughts, hormones, and
social networks to be transmitted and stored on servers around the
world. It is a security violation to enter our workspace with a
transmitting device and sharing Top Secret information outside of
approved channels where it could be intercepted by the enemy is
treason. Why did the 188th Wing allow their troops to become
relay stations for massive amounts of Top Secret data to be shared
with our enemies? Why are they still allowing those with these
injected transmitters to access Top Secret data? Evidence that this
patent is working as advertised can be found in the scanners at the
vault doors. These scanners will say, “Cell phone detected” or
“2.4 GHz” when those injected with this system enter.

This information has been shared numerous times since October

2021, yet leadership has not addressed it. The 188th Wing
Commander, Colonel Jeramiah Gentry, ends each email with the
line: “Seek truth and show courage.” While their actions appear
contrary in promoting lies and cowering to unlawful orders.
Proverbs 22:12 says, “The eyes of the Lord preserve knowledge.”
Every member of this Wing has made an oath before God and man
to protect and defend the Constitution of the United States. Know
that God is deadly serious when it comes to upholding oaths.

c. U.S. Constitution

i. The preamble to the “CONSTITUTION OF THE UNITED STATES,”

(originally it had no title, but simply began with, “We the People”).

“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
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of Liberty to ourselves and our Posterity, do ordain and establish this

Constitution for the United States of America.”

Thomas Edison said: “The strength of the Constitution lies in the strength
of those who defend it.” I included the entire Constitution in my original
documents submitted in October 2021, but the 188th Wing has yet to make
reference to a single authority or duty to the Constitution, from which the
government derives its just authority. The preamble tells us why the
Constitution was written and the sole reason for government to exist. It
tells us “in Order…establish justice…” Noah Webster’s 1828, definition
of 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.
This is why our founding fathers, proclaimed, “No king, but King Jesus.”
The First reason for the existence of government is to “establish Justice.”
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.

After establishing Justice, the Constitution is 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 and on the
wall of the Minnesota Supreme Court it says, “Justice is the defender of
Liberty.”

After domestic tranquility is assured, We the People provide for the

common defense. This is the ultimate mission of the 188th Wing. Then,
when our defense is assured, comes promotion of the “general Welfare.”

Noah Webster’s 1828 defined:

“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.

Promoting the General Welfare includes opportunities for exemption from

policies which undermine law and those which require a toxin to be
injected into my person. It would exempt me from evil, which the entire
vaccine industry is built upon in using slaves, orphans, and murder to
aggrandize wealth unto themselves. It would exempt me from calamity,
as this injection is known to cause grievous injury and death. Living with
an injury from this injection would prevent me from the enjoyment of
health and the common blessings of life, prosperity, and happiness. My
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doctor has already written a letter with peer-reviewed NIH studies

demonstrating the toxic nature ingredients from this injection would have
upon my body. In accordance with the Air Force Instruction, any
contraindications on the injection insert must be heeded. Notice: This
Instruction places a restraint on the Department of Defense, not on
the member!

ii. 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,”

The duty of the 188th Wing, when called upon, is to execute the Laws of
the Union. The policies followed by the DoD are a restraint to Law, not a
license to transgress it. Any actions contrary to Law, such as this instance
of taking punitive action for following Captain Davis following the Law,
is judgement 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.”

iii. 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.” Lt Col Richard
Lavery demonstrated his confusion on this when he said, “We don’t
follow law, we follow orders.” The officers of the United States are
appointed to faithfully execute the Laws found in the U.S.
Constitution and this shall be done with great care.

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

iv. 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.” Reference Isaiah 59:14 again,
“equity cannot enter” when judgement is turned backwards.

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

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.”

“The Unanimous Declaration of the Thirteen States of America” clearly

states “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 the
rights comes from God, and not man, they are un-a-lien-able. They do not
belong to man, as the Creator owns them. They cannot be denied,
disparaged, bought, sold, traded, nor can a lien be held against them.

vi. 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.”
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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, than
absolutely no law, policy, guidance, or order may exist in contradiction to.

vii. 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 and men have been at enmity against their Creator
since the Garden of Eden.

Thomas Adams said, “That which a man spits against heaven, shall fall
back on his own face." The 188th Wing has 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 of 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

viii. Preamble to The BILL OF RIGHTS

1. “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
188th Wing has assumed authority not granted to them in taking
away rights guaranteed to the people.

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.”

The 188th Wing has attacked, denied, denigrated, and prohibited

those who sought religious accommodations to the Covid-19 shot
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which they could definitively prove was against the Creator. They
have answered repeated petitions only with additional injury. As a
result of requesting a “Religious Accommodation” in accordance
with my 1st Amendment rights, the Operations Group Commander,
Lt. Col. Kipp Parker said, “You cannot apply for a religious
accommodation.”

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.”

This Article is restricted by a sign at the entry to the base which

says, “Firearms are prohibited by order of the Wing
Commander.” The Wing Commander has absolutely no authority
telling the troops to drive to work disarmed, work disarmed, and
return home without arms. Those who are disarmed at prisoners
and the Geneva Conventions require that when you take arms from
a prisoner you assume full responsibility for their security. The
Base Commander has personally assumed all responsibility for
protection of each member and making his warfighting unit
defenseless—setting us up for defeat and teaching us the DoD
protocols to run and hide, which is the opposite of what God
commands of his troops in that we are to be bold and courageous;
reference Joshua 1:9. Further setting himself as enmity against the
U.S. Constitution to which he swore an oath, directly violating the
Bill of Rights Article II, rendering aid and comfort to the enemy. I
have not once seen the Wing Commander patrolling the base to
assure our security, nor escorting troops to and from work to assure
their personal safety. Nor have I been prosecuted for a crime in
due process of law to be deprived of life, liberty, or property.

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 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 timeframe, here in Arkansas, the
government also disarmed and rounded up minorities and threw
them in prison camps just down the road from us. Does the Wing
Commander seek to subjugate us? Is he leading us in battle toward
the enemy, or are we running, because the flags on our uniforms all
have the pole at the front indicating we are running forward, not
backwards.
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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, toxin, or device may be lodged inside of the
domicile of a citizen, my body, without explicit consent.

5. Article IV: “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 188th Wing has repeatedly threatened,
forced, and/or coerced the troops to be searched and things taken
from their bodies without their consent. They cited me as “unfit
for duty” when I would not insert toxic material into my body and
consent to stealing part of my body.

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 188th Wing has filed punitive action
against me for not taking a toxin into my body which would
deprive me of “life, liberty, or property, without due process of
law.” Again, they only stated policy which undermines law when
it is not submissive to. The regulations place safeguards upon the
Government, not the individual.

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.” The policy sets forth that the individual
“Shall” have access to the immunizations and chemoprophylaxis,
it does not require them as the 188th Wing has set forth to do and to
deny rights 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 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
 12

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 actions and treatment of the troops in the 188th

Wing, the troops are not slaves. My great grandfather was a slave,
and I 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? Have you seen the
graves at Arlington Cemetery? Are you willing to spit on their
graves by serving the tyrants they fought to free us from? 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 one’s oath, undermine integrity, and
discredit the military profession. For a commander to penalize a
service member who exercised the right to accept or refuse
administration of a dangerous experimental product undermines
the CONSTITUTION OF THE UNITED STATES, and the Laws
which we swore to uphold.

d. God’s Law

"The Bible is the rock on which our republic rests." President Andrew Jackson

i. 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).
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This absolute foundation of God’s Law is affirmed by the seedbed for the
Constitution, that being the “unanimous Declaration”, by its foundation
stemming from the Mayflower Compact. 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.”

4. Pattern of Behavior

a. The 188th Wing engaged in Criminal conduct in ordering, forcing, and coercing
experimental medical procedures. I gave them the benefit of the doubt, and spent
over 1000 hours educating Wing Leadership to the detriment of my family and
ended up homeless with my wife and five children, while supporting my Oath to
the Constitution.

b. The 188th Wing was advised before taking punitive actions that doing so would be
violating numerous U.S. Laws. At a Commander’s Call in October 2020, we
were told we could ask questions about the shot and raise concerns to be answered
by Wing Leadership, the Wing Judge Advocate General, and Medical
professionals. As soon as the floor was opened for questions and SMSgt
Youngblood began citing facts known at that point about this “vaccine,” The
First Sergeant became very angry and shut down all questions. They refused to
give audience to the truth and said everyone will get the shot. It was a dog and
pony show. The JAG, Colonel Jenny Johnson, said the FDA approval and
interchangeability meant that this order to take an experimental injection that had
already killed thousands was legally binding. When the group of us asked for her
source, she sheepishly flipped the page to reveal it was an OP-ED in the New
York Times.

c. After violating these laws and being officially noticed of their actions, the Wing
continued to promulgate lies implying that their orders were lawful. Even after
the 3-star Inspector General of the Air Force validated my assertions that it was
illegal to require an EUA product, specifically relating to the dangerous EUA
tests, the Wing continued to err without correction. They have continued in this
path without defending their actions, or offering any form of restitution after a full
year has elapsed.

d. This Warfighting wing is like a C-130 I was flying on departure from Bagram
Air Force Base. Before taking off, I had calculated the rate of climb and briefed
the crew that due to the high temperature and our heavy weight, the climb rate
would not be enough to clear the mountains directly and we would have to circle
the air field while climbing until we were high enough to resume the flight plan. I
also briefed that historically, ATC would vector aircraft directly towards the
mountains and expect them to let them know if they needed to circle the airfield
before continuing on course. Many C-130 aircraft were just flying routes in
 14

Afghanistan and did not have a full load of cargo and fuel like we had, as we had
to make it all the way to Kuwait.

At 400’ above the runway, Air Traffic Control (ATC) gave us a vector straight
into the mountains, the two pilots in the seats turned and blindly flew toward the
mountain without heading my warning. The ATC directions are not legally
binding and it is the Aircraft Commander (pilot in charge) who holds the sole
responsibility to operate the aircraft. As we were turning toward the mountains, I
directed the crew to continue the turn and climb over the airfield while circling.
The pilot responded with a haughty answer that he could make the climb. I made
three more orders to turn and avoid destruction, as it was my duty as the
Navigator to take us on a safe course. I also recalculated and confirmed our plight
based our rate-of-climb, angle-of-climb, and precise distance measurements using
the RADAR and other instruments. I also used the augmented crew (extra pilot
and navigator), to confirm my calculations. The aircraft commander continued
towards the mountain and said not to worry.

He didn’t worry until it was too late to turn around and suddenly realized we were
about to crash. He recognized that he should have listened to the calculations
from the manual which were written for safety of the crew, not for oppression.
Similar to the Law being a seatbelt for to provide liberty, not a hindrance.

Suddenly, the aircraft commander wanted to hear directions for safety. I guided
the aircraft up a draw and directed the pilot which draw to turn and fly up in order
to give us the best chance of survival. Approaching the peak of that second draw,
the aircraft was in a precarious position and began buffeting as there was not
enough air going over the wings to keep us flying. We were on the verge of
stalling into sharp mountain peaks, and with a full load of fuel, certain death. If it
were not for the hand of God pushing us over peak after peak, the souls of that
entire aircraft would have been lost.

Notice: that when comes to catastrophes, they are always measured by the number
of souls lost. Jesus came to save souls. No one stood up to and rebuked the
religious hypocrites of the days more so than Jesus Christ. He had to tell the
truth, and truth demands a response. The loving thing to do is to tell the truth, so
in love of my Lord, my family, and the United States of America, I had to tell the
truth.

e. I have offered numerous course corrections to preserve this Wing and her
warfighting capability, but the Wing Commander insists on continuing toward
certain destruction. It appears he would rather fly the Wing into the mountain,
than head the truth and preserve the warfighting capabilities to take the fight to
the enemy.

The Law is a good thing that has been written to protect our nation for our
posterity. “Liberty is doing what the Law permits.” –Montesquieu. Our Wing
leadership has made egregious decisions compromise the health and safety of the
 15

crew members who make this wing the warfighting platform it is. Rather than
being a threat to the enemy, we have become a compromised joke. Our unit has
been compromised in their health as they were forced and/or coerced into taking
an injection which the DoD knew damaged the heart (reference Pfizer’s
documents showing the military as subjects in testing for this), they are
immunocompromised by taking HIV proteins, which is why the DoD has gone
from a few cases of HIV to thousands and they had to change their policy to allow
individuals to serve after contracting HIV (Also in Pfizer’s documentation).

More than that, they are intelligence compromised. Reference the injectable
computing system which transmits thoughts and even images which can be stored
on servers around the world. Noah Harari, from the World Economic Forum,
stated this technology allows thoughts to be read remotely with 96% accuracy.
Bringing any device capable of transmitting into the SCIF is a security violation
which can land the offender in prison even if it was an accident. Intentionally
entering the SCIF with a transmitter can be tried as treason if the information ends
up in the hands of the enemy. This injection was developed in China and the
patents do not list where the servers are located, meaning every piece of classified
data is likely up for grabs by the enemies of the United States. Yet despite
knowing this information, the Wing has injected everyone with a transmitter
making it illegal for them to enter the SCIF and perform their duties—
intentionally destroying the warfighting capabilities of the United States of
America and rendering Aid and Comfort to our enemies.

f. Withholding just compensation for services of an Officer, Violation of the Hatch

Act: The Constitution requires just compensation for all officers. The Hatch Act
requires that anytime someone is summoned by command, they must by
compensated. The command repeatedly required me, Capt Davis, to attend a
mandatory formation, then they sent me away without pay. Worse yet, they
required me to sign punitive action, in which they stated I was absent, (by
definition, they did not know where I was). This is a lie to which they admitted to
on official government documents, yet after more than a year, they have not
provided any compensation.

g. They also created an Unfavorable Information File (UIF) in which they have kept
all records of my said wrongs. By holding a misconduct charge against me, they
are denying me V.A. benefits to which I am entitled. These are legitimate
“Workman’s Comp” type benefits from military accidents in which the
government damaged my physical body, by their doing, not mine.

h. The 188th Wing has assuming authority that belongs only to God. As previously
stated, rights are un-a-lien-able. They are endowed by my Creator! My body is
not my own, it was bought with a price, and therefore must glorify God in my
body which belongs to Him. My body is a temple of the Holy Ghost and as such
must be undefiled and pure before Him. The Torah, (The 5 books of the law in
the Bible) say the life is in the blood and it is commanded to not mix different
species. It would be a sin, against the Torah to mix, my blood with the DNA the
 16

Lord has created me with, with any other species. i.e. the Moderna patents point
to Chimera DNA, other shots are formulated with DNA from mice, monkeys,
chickens, and worst of all, the genetic remnants of murdered children!

i. Law School: Galatians 3:24 says, “The law is our schoolmaster to bring unto
Christ.” The Law (Torah) teaches us that we cannot save ourselves. When our
first President was inaugurated he took his oath of office with his hand on the
Bible to testify of his commitment to his oath before God and man. After
swearing in, he opened the Bible to Deuteronomy 28 and kissed it. Read this
when you get a chance! It contains 15 verses of blessing and 55 verse of cursing.
If we follow the Law of God, there will be blessings in abundance, but if we turn
away from the law, there will be cursing. The cursing is out of God’s love for us.
He wants us to know the truth and so hands us over to our adversary who seeks
nothing more than to steal, kill and destroy. If we would repent of our evil ways,
then our creator will hear from heaven and restore our land. If we go on spitting
against God, we will surely fall on our face before God as Thomas Adams rightly
said in the aforementioned quote.

j. The price of my redemption was the blood of Jesus Christ who came to Earth to
bear witness to His Father. If the Wing knew Jesus, they would also know the
Father who sent him, and would understand they were on a collision course with
hell. But, do NOT fear Hell. Fear rather your Creator who has the rightful
authority to throw both your body and soul into Hell. He loved you enough to
send me to bear witness to you. And the testimony is this: “He that hath the Son,
hath the life, and he that hath not the Son of God, hath not the life.” -1st John 5:12
The message is the same as when John the Baptist was testifying to Herod,
“Repent, for the Kingdom of heaven is at hand” –Matthew 3:2

k. The 188th Wing is propagating that which the law forbids. Every bathroom wall is
littered with signs advocating Sodomy which is illegal in all 50 states especially
here in Arkansas. The Bible tells us it is an abomination. I love my country and I
love this Wing, and I most of all love my God, so I have to tell them the truth in
love that they are making war with the God of heaven, rather than appealing to
Him for victory. This wing would rather fly into the mountain that turn away
from it have live. Repent now, for the Kingdom of Heaven is at hand!

l. Senior Pentagon leadership never required an EUA product under threat of

penalty. On 16 June 2022, Lt Gen Place, Director of the Defense Health Agency,
directed all military departments to ensure service members, “have the option to
accept or refuse the EUA product and are free from any consequences of refusing
administration of a product.” Lt Gen Place went on to state that service members
can volunteer for EUA products, but if they refuse them, they are “free from any
consequences.” Penalizing service members for refusing to volunteer for medical
experimentation is a violation for numerous U.S. Federal Laws, ratified treaties,
and military regulations. I was penalized, for sharing this information with
commanders. There is no federal statute or loophole allowing DoD leadership to
 17

mandate or order an experimental product and doing so violated the following,

among others:

i. 32 CFR Part 219 - Protection of Human Subjects

ii. 45 CFR Part 46 - Protection of Human Subjects

iii. Army Military Medical Research and Development (USAMRDC)

regulations

iv. DoDI 6200.02 Application of Food and Drug Administration (FDA) Rules
to Department of Defense Force Health Protection Programs

v. DoDI 3216.02 Protection of Human Subjects and Adherence to Ethical

Standards in DoD-Conducted and -Supported Research

vi. The Belmont Report: Office of the Secretary -Ethical Principles and
Guidelines for the Protection of Human Subjects of Research

vii. International Covenant on Civil and Political Rights Treaty, ratified by the
United States Senate in 1992

viii. 18 U.S. Code § 4 Misprision of Felony

ix. 18 U.S. Code § 3 Accessory After the Fact

x. 18 U.S. Code § 241 – Conspiracy against rights

xi. 18 U.S. Code § 242 – Deprivation of rights under Color of Law

xii. 21 Code of Federal Regulations 50.23 & 50.24

xiii. 18 U.S. Code § 2331 -- Definitions and 18 U.S. Code § 178 -- Definitions

xiv. 21 U.S. Code § 360 bbb -3(e)(1)(A) FDA Drug and Cosmetic Act

xv. 5 U.S. Code § 706(2)(A)

xvi. 42 U.S. Code § 12102, the Americans with Disabilities Act (ADA)

xvii. 42 U.S. Code §2000 Civil Rights Act of 1964 and Declaration of
Independence

xviii. 18 U.S. Code 890 UCMJ Article 90

xix. 18 U.S. Code § 2384 Seditious Conspiracy

xx. U.S. Constitution, Art III, Sec 1 Holding Offices, Art VI, Sec 2 Supreme
Law; Art VI, Sec 3 Oath; Amendments 1, 4, 5, 9, 10, 13, 14
 18

xxi. 10 U.S. Code § 1107 and § 1107a Emergency Use Products

xxii. 1964 Declaration of Helsinki: U.S. ratification of the Nuremburg Code

xxiii. AFI 48-110 Immunizations and Chemoprophylaxis for the Prevention of

Infectious Diseases

xxiv. 14 Code of Federal Regulations § 61.53 - Prohibition on operations during

medical deficiency

xxv. AFI 36-2619 Active Duty Operational Support (ADOS) – Active

Component (AC) Man-Day Program

xxvi. DAFI 52-201 Religious Freedom In The Department Of The Air Force

xxvii. DoDI 1300.17 Accommodation of Religious Practices Within the Military

Services

xxviii. UCMJ Article 93, 107, 115, 127, 128, 133, 134

m. The illegal conduct performed by 188th Wing leadership is under investigation by

the Director of the Air National Guard, Lieutenant General Michael A. Loh. This
issue of EUA diagnostic testing has been reviewed by “The Inspector General”
Lieutenant General Stephen L. Davis and has been determined that the “use of
“At-home Over-The-Counter (OTC) COVID-19 Diagnostic Test,” which the FDA
has classified as a medical device” applies to AF 52-201 Religious Freedom in
the Department of the Air Force and as such reserves all rights guaranteed therein.
The evidence is clear that the 188th Wing leadership has assumed authority not
granted to them and this evidence will be presented in a court of law.

n. The EUA Mask mandates, were another example of a pattern of behavior where
the Wing caved to political pressure, rather than actual science. For 20 years, the
military has taught us about biological agents and how they worked, and spread.
They had the truth, but choose the lie of putting on a mask that made them more
vulnerable to sickness than if the breathed fresh air. They knew the only way to
protect from biological agents was proper decontamination and biological suits
and this way of life in non-sustainable for more than a couple weeks, much less
years. They knew this said virus, which has yet to be proven to even exist, was
not lethal and did not require biological protections. Notice: The only time Jesus
wore a face cloth was when He was dead and buried in the grave (reference
John 20:7). Jesus is the not the God of the dead, but of the living and an
Emergency Use Authorization that goes against God does not carry the weight of
law. There is no law which can be contrary to God’s law.

o. Jesus said to render unto Caesar what is Caesar’s and unto God what belongs to
God. He said the coin with Caesar’s image was Caesars. We bear the image of
 19

God and henceforth belong and to God. You may hide behind your face-cloth
now, but know this: “It is appointed unto man once to die and then the
judgement.” All will be raised on the last day. Those who followed the Christ,
Matthew 4:19 with be raised to a newness of life, and those who did not will be
awakened to the great throne of judgement. “Every knee will bow and every
tongue will confess that Jesus Christ is Lord.”

p. Don’t think that I am any different than you. Thomas Paine said, “We’re all
created equal under God.” Acts 17:26 tell us “All nations are of one blood.” We
all deserving of judgement under God’s law, but by the grace of God, He called
me out of the depths of darkness into his marvelous light. I have the grace of God
which is the power to overcome sin. Seek Him now while He may still be found!

q. Judgement on Earth is intended to teach us about the judgement on the last day.
After the last global experiment, The Nuremburg trials began on 20 November
1945. They were opened by President Harry S. Truman with the words, “The
Laws of God and the Laws of man had been violated and the guilty must not go
unpunished.” General Eisenhower filmed the Holocaust “Lest the next
generation rise up and try to deny this ever happened.” In America we praised
Adolph Hitler and made him Times Magazine Man of the year in 1938 and 1941.
Even so 2.5% of the world’s population lost their lives, fortunes, and sacred
honor, because of Adolph Hitler. 407,316 American troops gave their lives in
pursuit of the tyrant across the pond and not one household in America was
unaffected by loss. (Nationalww2museum.org/students-teachers/student-
resources/research-starters/research-starters-us-military-numbers). Here is the
connection, Hitler no longer abided by the law, but instead promulgated his
agenda by force in spite of the law. He betrayed the truth Luke 22:38. “Paul
Joseph Goebbels was a German Nazi politician who was the Gauleiter of Berlin,
chief propagandist for the Nazi Party, and then Reich Minister of Propaganda
from 1933 to 1945. He was one of Adolf Hitler's closest and most devoted
acolytes, known for his skills in public speaking and his deeply virulent
antisemitism,” had this to say, “Accuse the opposition of what you are guilty of
yourself.” (Wikipedia). John 8:44 talks about these liars telling us there is no
truth in them.

r. By acting in a manner foreign to the U.S. Constitution, the 188th Wing has
relegated themselves to a modern version of Adolf Hitler. Their propaganda
campaign followed suit with those loved by the world and already 6.5 million
souls have departed the Earth. How long are you going to follow the narrative?
How long with you use political words intended to make lies sound truthful? You
claim that orders are the Law, and they can be sayeth Thomas Jefferson,
“Executive Orders are lawful if they are congruent with the U.S. Constitution, if
not they are null and void, nugatory”

Have you read the enumerated laws found in the Constitution or have you read the
Bible and learned about the God you whom you swore your oath of office? Start
with reading about Oaths: in Numbers 30:2, and Deuteronomy 23:23. Then read
 20

the Torah (the first five books of the Bible). Ask the God of heaven to reveal
Himself to you. Repent for your sins against His Law. He is merciful and
gracious toward the wicked as He says in His Word that He takes no pleasure in
the death of the wicked and again how He longs for then to turn unto Him. He
blessed you with the command position you are in and to whom much has been
given, much will be required. I have written over a hundred pages of
documentation about how you the 188th Wing has broken the U.S. and these
documents all listed in the Unfavorable information file on me, Captain Benjamin
Davis. When John Quincy Adams, 6th president of the United States, was asked
why he never seemed discouraged or depressed over his unpopular fight against
slavery, he replied, “Duty is ours; results are God’s.”

“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.
 21

Attachments:

1. RAR to Testing

2. Lt Gen Stephen Davis, U.S. Air Force IG Memorandum

3. Memorandum for all military commanders, Liberty First Legal

4. Article 138 (to explain the other violations)

5. Quidel Test on commanders desk

6. EUA Authorization for Quidel test

7. Secretary of Defense Mandate: https://media.defense.gov/2021/Aug/25/2002838826/-1/-

1/0/MEMORANDUM-FOR-MANDATORY-CORONAVIRUS-DISEASE-2019-
VACCINATION-OF-DEPARTMENT-OF-DEFENSE-SERVICE-MEMBERS.PDF

8. Under Secretary of Defense for Personnel and Readiness, Supplement 23, Revision 3, 20
December 2021.

9. DoDI 6200.02 -
https://mrdc.amedd.army.mil/assets/docs/orp/irbo/11_DOD_6200.2_Use_of_INDs_for_F
HP.PDF

10. ‘Institutional Review Board Policies and Procedures Reflecting 2018 Common Rule
Requirements’ -
https://mrdc.amedd.army.mil/assets/docs/orp/irbo/IRB_Policies_Procedures_2018_Com
mon_Rule.pdf

11. The Belmont Report - https://www.hhs.gov/ohrp/sites/default/files/the-belmont-report-

508c_FINAL.pdf

(The National Commission for the Protection of Human Subjects of Biomedical and
Behavioral Research.- Belmont Report. Washington, DC: U.S. Department of Health and
Human Services,1979.)

12. 32 CFR 219 - https://www.ecfr.gov/current/title-32/subtitle-A/chapter-I/subchapter-M/

part-219

13. 45 CFR 46 - https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-A/part-46

14. U.S. Code 21 Section 564 - https://www.law.cornell.edu/uscode/text/21/360bbb-3

15. U.S. Code 10 Section 1107 - https://www.law.cornell.edu/uscode/text/10/1107

16. U.S. Code 10 Section 1107a - https://www.law.cornell.edu/uscode/text/10/1107a

 22

17. International Covenant on Civil and Political Rights Treaty -

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-
civil-and-political-rights

18. HHS Office of Human Research Protections - https://www.hhs.gov/ohrp/index.html

19. Lt Gen Place Memorandum -

https://www.health.mil/Reference-Center/Policies/2022/06/16/DHA-IPM-20-004

20. Dr. Terry Adirim memorandum -

https://childrenshealthdefense.org/wp-content/uploads/COVID-19-COMIRNATY-EUA-
BL A-equivalent-memo_v3.1-clean-DIGITAL.pdf

21. FDA 2005 instructions to DoD -

https://www.federalregister.gov/documents/2005/02/02/05-2028/authorization-of-
emergency-use-of-anthrax-vaccine-adsorbed-for-prevention-of-inhalation-anthrax-
by#:~:text=The%2520Food%2520and%2520Drug%2520Administration%2520(FDA)
%2520is%2520announcing%2520the%2520issuance,to%2520be%2520at
%2520heightened%2520risk