October 2020

Beckerisms

Absurd, Ridiculous, Laughable – “Pounding the Table”

Words like absurd, ridiculous, and laughable, are being used by Governor DeWine’s supporters, and some in the media, to describe my Private Citizen Affidavit (PCA) outlining 10 criminal violations against Governor DeWine. It’s interesting to note that nobody has attempted to defend the governor on any of the allegations – just non-substantive ridicule. My attorney told me that, “When you have the facts on your side, you pound the facts. When you have the law on your side, you pound the law. When you have neither on your side, you pound the table.” Well, Governor DeWine’s supporters have been doing a lot of table pounding. (The details and more information on the PCA is in the September issue of The Becker Report.)

Let’s examine the arguments in the PCA and you decide which ones, if any, are absurd, ridiculous, or laughable. Although the seven felonies are listed first, they are ranked by logical argument rather than greatest punishment. The three misdemeanors follow.

First
Isn’t it true that Governor DeWine has intimidated or coerced the people of Ohio?
Isn’t it true that Governor DeWine has intimidated, coerced, and promoted fear in multiple ways including but not limited to required social distancing, emphasizing the reporting of irrelevant cumulative Covid cases, color-coded metrics emphasizing “red” areas, and the mandate to wear face coverings, interfering with the freedom to worship, freedom to shop, the availability of sports, and the reopening of in-person instruction, etcetera?
Isn’t it true that Ohio Revised Code (ORC) 2909.24(A)(1) states that [No person shall] “intimidate or coerce a civilian population”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2909.24?
Isn’t it true that ORC 2909.24 is Ohio’s “Terrorism” statute?
Isn’t it true that probable cause exists for the crime of terrorism under ORC 2909.24(A)(1)?

Second
Isn’t it true that Governor DeWine has threatened to intimidate, coerce, and promote fear in the people of Ohio?
Isn’t it true that Governor DeWine has repeatedly, recklessly, and flagrantly, threatened, intimidated and coerced Ohio’s citizens, businesses, healthcare facilities, churches, schools, and operators of voting locations, et al with closure and restrictions to their business models and operations?
Isn’t it true that Governor DeWine has repeatedly and flagrantly threatened criminal prosecution of a second-degree misdemeanor carrying a ninety-day jail sentence and/or a fine of $750 for violating his “orders”?
Isn’t it true that ORC 2909.23(A)(1)(a) states that [No person shall threaten to] “intimidate or coerce a civilian population” and “cause a reasonable expectation or fear of the imminent commission of the specified offense”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2909.23?
Isn’t it true that ORC 2909.23 is Ohio’s “Making Terroristic Threat” statute?
Isn’t it true that probable cause exists for the crime of making a terroristic threat under ORC 2909.23(A)(1)(a)?

Third
Isn’t it true that Governor DeWine has engaged in a pattern of intimidation and coercion?
Isn’t it true that Governor DeWine has committed multiple violations of intimidation, coercion, and promoting fear as described above?
Isn’t it true that ORC 2923.31(I)(2)(a) states that [Engaging in a pattern of corrupt activity is conduct constituting] “a violation of …2909.23 and 2909.24…”
Isn’t it true that ORC 2909.23 and 2909.24 includes the offenses of intimidation, coercion, and fear?
Isn’t it true that ORC 2909.23 and 2909.24 are Ohio’s terrorism and making terroristic threat statutes?
Isn’t it true that Governor DeWine is in clear violation of ORC 2923.31?
Isn’t it true that ORC 2923.31 is Ohio’s “Engaging in Pattern of Corrupt Activity” statute?
Isn’t it true that probable cause exists for the crime of engaging in a pattern of corrupt activity under ORC 2923.31(I)(2)(a)?

Fourth
Isn’t it true that Governor DeWine has solicited or procured another to commit a crime?
Isn’t it true that, per the above statutes, Governor DeWine has “solicited and procured” to commit the offense of “engaging in a pattern of corrupt activity,” et al, by conspiring with his cabinet-level officials such as the Department of Health and the Department of Commerce, Division of Liquor Control as well as the Ohio Secretary of State and hospital administrators, et al, to promote fear, threaten business licenses, shutter businesses, and illegally cancel an election, etcetera?
Isn’t it true that ORC 2923.03(A)(1) states that [No person shall] “solicit or procure another to commit the offense”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2923.03?
Isn’t it true that ORC 2923.03 is Ohio’s “Complicity” statute?
Isn’t it true that probable cause exists for the crime of complicity under ORC 2923.03(A)(1)?

Fifth
Isn’t it true that Governor DeWine has caused serious public inconvenience or alarm?
Isn’t it true that Governor DeWine caused serious public inconvenience or alarm when he illegally cancelled the March 17, 2020 primary election, reported outlandish Covid numbers, mandated face coverings, shut down healthcare facilities to nonessential procedures, and shut down or placed onerous restrictions upon retail establishments, bars, restaurants, etcetera?
Isn’t it true that ORC 2917.31(A)(3) states that [No person shall] “commit any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2917.31?
Isn’t it true that ORC 2917.31 is Ohio’s “Inducing Panic” law?
Isn’t it true that probable cause exists for the crime of inducing panic under ORC 2917.31(A)(3)?

Sixth
Isn’t it true that Governor DeWine conspired with others to engage in a pattern of intimidation, coercion, and promoting fear?
Isn’t it true that ORC 2923.01(A)(1) states that [No person, with purpose to commit or to promote or facilitate] “with another person or persons, plan or aid in planning the commission of [engagement in a pattern of corrupt activity]?
Isn’t it true that Governor DeWine is in clear violation of ORC 2923.01?
Isn’t it true that ORC 2923.01 is Ohio’s “Conspiracy” statute?
Isn’t it true that probable cause exists for the crime of conspiracy under ORC 2923.01(A)(1)?

Seventh
Isn’t it true that Governor DeWine cancelled the March 17, 2020 primary election and barred people from in-person voting?
Isn’t it true that Governor DeWine intimidated, coerced, or by other unlawful means induced electors [voters] to refrain from voting at a primary election?
Isn’t it true that ORC 3599.01(A)(2) states that [No person shall] “attempt by intimidation, coercion, or other unlawful means to induce such delegate or elector [voter] to register or refrain from registering or to vote or refrain from voting at a primary, convention, or election for a particular person, question, or issue”?
Isn’t it true that Governor DeWine is in clear violation of ORC 3599.01?
Isn’t it true that ORC 3599.01 is Ohio’s “Bribery” statute?
Isn’t it true that probable cause exists for the crime of bribery under ORC 3599.01(A)(2)?

Eighth
Isn’t it true that Governor DeWine interfered with a constitutional or statutory right?
Isn’t it true that Governor DeWine recklessly and repeatedly violated civil liberties, “constitutional, and statutory rights” by closing healthcare facilities for nonessential procedures in violation of Article I, section 21 (B) and (C) of the Ohio Constitution to obtain healthcare, closing voting locations (tantamount to cancelling the election) in violation of ORC 3501.01(E)(2) as mandated by Article I, Section 4 of the United States Constitution and Article II, Section 27 of the Ohio Constitution and unlawfully placing nearly 12 million Ohioans (effectively) under house arrest and to wear facial coverings, subject to government-approved exceptions, thereby violating millions of Ohioans’ legal freedoms of association and civil liberties and due process rights under threat of credible criminal prosecution of a second-degree misdemeanor carrying a ninety-day jail sentence and/or a fine of $750?
Isn’t it true that ORC 2921.45(A) states that, “No public servant, under color of his office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2921.45?
Isn’t it true that ORC 2921.45 is Ohio’s Interfering with “Civil Rights” statute?
Isn’t it true that probable cause exists for the crime of interfering with civil rights under ORC 2921.45(A)?

Ninth
Isn’t it true that Governor DeWine has coerced others?
Isn’t it true that Governor DeWine illegally, callously, and deliberately, in collusion with others, ordered the closing of healthcare facilities to nonessential procedures, voting locations, bars, et, al and threatened to revoke liquor and other business licenses and under the additional threat of credible criminal prosecution of a second-degree misdemeanor carrying a ninety-day jail sentence and/or a fine of $750?
Isn’t it true that ORC 2905.12(A)(5) states that [No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall] “take, withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2905.12?
Isn’t it true that ORC 2905.12 is Ohio’s “Coercion” statute?
Isn’t it true that probable cause exists for the crime of coercion under ORC 2905.12(A)(5)?

Tenth
Isn’t it true that Governor DeWine has forced the physical separation of loved ones from family members in care facilities?
Isn’t it true that Governor DeWine promoted fear and demonstrated callous disregard for health and happiness by requiring “neglect against residents or patients of care facilities” by requiring the withholding of the physical love, comfort, and emotional support of family members constituting cruel and unusual punishment?
Isn’t it true that ORC 2903.34(A)(3) states that, [No person who owns, operates, or administers, or who is an agent or employee of, a care facility shall] “commit neglect against a resident or patient of the facility”?
Isn’t it true that Governor DeWine is in clear violation of ORC 2903.34?
Isn’t it true that ORC 2903.34 is Ohio’s “Patient abuse or Neglect” statute?
Isn’t it true that probable cause exists for the crime of patient abuse or neglect under ORC 2903.34(A)(3)?

Person having knowledge of offense to file affidavit – official review before complaint filed

ORC 2935.09(D) creates a statutory right for a private citizen to file a “Private Citizen Affidavit (PCA).” “A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged by law with the prosecution of offenses in the court or before the magistrate. A private citizen may file an affidavit charging the offense committed with the clerk of a court of record before or after the normal business hours of the reviewing officials if the clerk’s office is open at those times. A clerk who receives an affidavit before or after the normal business hours of the reviewing officials shall forward it to a reviewing official when the reviewing official’s normal business hours resume.”

Filing of affidavit or complaint procedure

In the case of a felony, ORC 2935.10(A) mandates the arrest or investigation of the person charged in the PCA. “Upon the filing of an affidavit or complaint as provided by section 2935.09 of the Revised Code, if it charges the commission of a felony, such judge, clerk, or magistrate, unless he has reason to believe that it was not filed in good faith, or the claim is not meritorious, shall forthwith issue a warrant for the arrest of the person charged in the affidavit, and directed to a peace officer; otherwise he shall forthwith refer the matter to the prosecuting attorney or other attorney charged by law with prosecution for investigation prior to the issuance of warrant.”

Good faith, Meritorious

These words in ORC 2935.10(A) simply mean probable cause. Probable cause is generally defined as a reasonable ground for suspicion supported by facts and circumstances sufficiently strong to warrant a prudent person to believe that an accused person has committed an offense.
If the court finds probable cause for at least one of the above felony charges, ORC 2935.10(A) mandates that a warrant for Governor DeWine’s arrest must be issued. It is not discretionary.
The basic facts surrounding the above charges are not in dispute and probable cause is self-evident. Therefore, the arrest of Governor DeWine for criminal charges is mandated (based on the facts) per the statute. That said, I can’t imagine a warrant getting issued for Governor DeWine’s arrest regardless of probable cause.
At a minimum ORC 2935.10(A) mandates a criminal investigation. That’s why I filed for a writ of mandamus in the 12th District Court of Appeals to have the court order the Clermont County Prosecutor to follow the law.
Although filing a PCA is free and does not require an attorney, filing for a writ of mandamus requires a filing fee and an attorney. Plan on spending thousands of dollars if you choose to go there. Freedom isn’t free.

Conclusion

At this point, I expect that it is clear to the reader that nothing in my PCA is absurd, ridiculous, or laughable. Those are the kinds of comments people make when they haven’t a substantive retort. 
The charges are strong. The evidence is damning. And the facts and the law are on the side of the people. I’ll leave the table pounding to Governor DeWine’s supporters.
And speaking of absurd, ridiculous, and laughable, let’s review the clause of the sentence that Governor DeWine has used to seize power. It is in ORC 3701.13. “The department [Ohio Department of Health] may make special or standing orders or rules for preventing the use of fluoroscopes for nonmedical purposes that emit doses of radiation likely to be harmful to any person, for preventing the spread of contagious or infectious diseases, for governing the receipt and conveyance of remains of deceased persons, and for such other sanitary matters as are best controlled by a general rule.”

I rest my case.

Next Steps

The articles of impeachment are still open for additional co-sponsors and can be found at ImpeachDeWine.com. Contact your state representative and ask them to co-sponsor.
A Word document for the PCA draft can also be downloaded from the same website. That link is in the blue font on the right side. Just change Clermont County to your county. Change my personal information to your own. Change anything else at your discretion. Get it notarized and file it with a Clerk of Courts in your county.

Review

After I introduced HB 618, Governor DeWine threatened to veto it and all other bills that would curb the power that he has taken.
Not having the votes to override vetoes, I drafted an impeachment resolution. It only requires 50 of 99 votes to advance to the Senate, where 2/3 is required for removal from office. Speaker Cupp controls the agenda and effectively vetoed the impeachment approach. Simultaneously, many of my colleagues refused to sign on as co-sponsors because there had been no criminal charges. (Note that criminal charges are not required for impeachment and have never been part of any impeachment proceedings in Ohio.)
Therefore, to advance criminal charges, I filed a PCA in Clermont County. So far, PCAs have been filed in 13 counties that I’m aware of. They are Clermont, Miami, Montgomery, Wood, Lake, Richland, Adams, Lorain, Allen,  Marion, Union, Brown, and Franklin Counties. Additionally, I’ve had inquiries from citizens in about 40 other counties wanting to do the same.

The Plan

The plan is to continue to get PCAs filed in courts in all 88 counties until a prosecutor decides to take the law seriously and perform his duty required by ORC 2935.10(A). When that happens, I expect that impeachment proceedings will begin and Governor DeWine will resign. (I wish him a long comfortably, happy, and healthy retirement.) Lt. Gov. Husted will take the helm and will either lift the boot of big government off of the throats of the people and reopen the state or suffer the same fate as his predecessor. We’ll see.

Becker Bills in the Ohio House of Representatives

HR 55 – Build the Wall. This resolution urging congress to fund a physical barrier across the southern border has been assigned to the Transportation Committee and has had one hearing.
HB 39 – Replica Vehicles. John Patterson asked me to do this bipartisan bill with him. It creates a special category for these unique vehicles. It is in the Transportation Committee.
HB 153 – Working Officials Requirements Key (WORK) Act. This bill requires county elected officials to show up at their office at least five times every 30 days. It is in the State and Local Government Committee and has had two hearings.
HB 176 – Convention and Visitors’ Bureaus. This is a bill I’m doing with Tom Brinkman. It requires open records.
HB 182 – Abortion Insurance Coverage. The bill stops insurance companies from paying for abortions. It does not apply to self-insured private companies nor does it prevent any company from directly contracting with an abortionist. It has been assigned to the Insurance Committee and has had its first hearing.
HB 219 – Sunday Alcohol, Liquor, and Especially Spirits Act (SALES). I’m doing this bill with Representative Jim Hoops. In short, HB 219 removes the Sunday option. All businesses currently allowed to sell alcohol during the week will also be allowed Sunday sales. Voters retain the option to vote their precinct dry. It has been incorporated into HB 674 and requires no further action.
HB 389 – Allows nonprofit organizations to give away alcohol for fundraising purposes. John Rogers reached out to me to do this bipartisan bill. It simply legalizes the common practice of churches raffling off booze at fundraisers.
HB 505 – Restores local control for zoning authority of halfway houses. This is a bipartisan bill. Representative Crossman asked to be part of it.
HB 538 – Human Life Protection Act – Upon the reversal of Roe v. Wade, Ohio becomes a pro-life state.
HB 618 – Need Ohio Working – (NOW) – This bill reopens Ohio for business and prevents the abuse of power from happening again. It has been assigned to the State and Local Government committee.
HB 674 – Revises alcohol laws. Brett Hillyer and I teamed up to get this passed. The bill incorporates HB 219 (SALES) and other reforms. It passed the Ohio House and was referred to the Senate Committee on Agriculture & Natural Resources, chaired by Sen. Frank Hoagland.
HB 753 – Creates a new negligent assault offense. This bill is named “Parker’s Law” and is for a little boy that was injured by an adult.

Video Central

BeckerGOP YouTube Channel

August 24, 2020 – Introduction of the 10 Articles of Impeachment against Governor Mike DeWine (33 minutes)
August 27, 2020 – Update on impeachment (16 minutes)
August 29, 2020 – State Representative, John Becker speaking at the Unifying Ohio for Liberty rally (22 minutes)
August 31, 2020 The Becker Report – August 2020 (15 minutes)
September 6, 2020 – Impeach DeWine Update (3 minutes)
September 13, 2020 – Impeachment Update, with potential criminal charges, against Ohio Gov. Mike DeWine (19 minutes)
September 20, 2020 – Impeachment Update – Is Gov. DeWine Pro-Life? Is HB 272 “feel good” legislation? (12 minutes)
September 28, 2020 – Private Citizen Affidavit (2 minutes)
September 30, 2020 – The September issue of The Becker Report (3 minutes)
October 6, 2020 – Writ of Mandamus (8 minutes)
October 12, 2020 – Columbus Day Part 1 – Election Update – French and Kennedy – Ohio Supreme Court – Shea (5 minutes)
October 12, 2020 – Columbus Day Part 2 – Governor DeWine Review – How did we get to where we are today? (6 minutes)
October 19, 2020 – Update on Impeachment, Private Citizen Affidavits, and Writ of Mandamus Against Governor DeWine (5 minutes)
October 26, 2020 – Becker Calls for the Resignation of AG Dave Yost and Files Motion for Sanctions in Twelfth District (4 minutes)
October 30, 2020 – October issue of The Becker Report (8 minutes)

Other (less important) videos
PragerU: Where Do You Want to Live: Red State or Blue State? (6 minutes)
PragerU: How to Steal an Election: Mail-In Ballots (5 minutes)
PragerU: They Say Scandinavia But They Mean Venezuela (5 minutes)
PragerU: Free the Freelancers (5 minutes)
Do Masks Really Work – Doctor Ted Noel (3 minutes)

Event Calendar 

Note that all dates, times, and locations are subject to change.

November 2, 2020
Union Township GOP “meeting” at Grammas Pizza to pick up elections materials at 7 PM.

November 3, 2020
Election Day from 6:30 AM to 7:30 PM.

November 18, 2020
Clermont County GOP meeting at Norlyn Manor at 7 PM. 

Becker – Vetted, Tested, and Proven!

“Clermont County State Rep. John Becker, one of the most conservative members of the Ohio House…” according to Cleveland.com (August 2019).
Becker wins “Sponsor of Liberty” award by the Republican Liberty Caucus of Ohio (October 2018).
“Becker has a legitimate claim as the state’s most conservative legislator,” according to The [Cleveland] Plain Dealer (September 2017).
“Rep. John Becker, suburban Cincinnati Republican… [holds] the unofficial title as the General Assembly’s most conservative lawmaker,” proclaimed the Columbus Dispatch (September 2015).
Becker wins prestigious William Wilberforce Leadership Award (April 2015). “GOP Ohio House freshman Becker is no shrinking violet,” headlined the Columbus Dispatch (December 2014).
“Becker…is arguably the most conservative member of the Ohio House,” said The Cincinnati Enquirer (January 2014).
Ranked as a top tier “most archconservative” by the Columbus Dispatch (September 2013).

If you prefer to donate online, please click this link or one of my donate buttons at www.BeckerGOP.com.  

Introduction (38 seconds)	Second Amendment (36 seconds)
Taxes (49 seconds)	Energy (55 seconds)
Pro-Life (42 seconds)	Creation Science and Evolution (42 sec.)
State Government Spending (45 sec.)	State Government (37 seconds)

Did this newsletter get sent to you by someone other than me? If so, please let me know at John@BeckerGOP.com and I will add you to my distribution list. That will ensure that you get it in a timelier manner. You may also forward this to your friends.
Let me know if you would like to unsubscribe. This issue and back issues are available at: www.BeckerGOP.com.

Disclaimer
Nothing in this newsletter constitutes legal advice. I am not an attorney and do not play one on TV. This newsletter is not sanctioned by the GOP, ORP, or any organization, or affiliation. Much of it is simply my opinion. I am fully and solely responsible for my opinion. Although I strive for accuracy, this is not “The Gospel according to John.” Additionally, I don’t necessarily try to be “fair and balanced.” After all, I didn’t get into politics to be a news reporter. My agenda is to influence public policy consistent with Southern Ohio conservative values. For more information on my motivations or how to get involved, see: What is a Central Committee?