Nancy Gassett is a Vernon resident. She ran as a Republican nominee for Windham-1 state representative in 2022 and 2024.
VERNON-Dear Vermont Attorney General Charity Clark:
As you know, I recently wrote to you to ask the following question:
You have publicly stated repeatedly, "No one is above the law." If you truly believe this, why are you silent on the state of Vermont's violations - over many years and presently ongoing - of federal immigration laws?
You stated in your response to me: "The Office of Attorney General is entrusted with the protection of all persons in Vermont - consistent with state laws and the U.S. Constitution."
I was glad to read your words acknowledging your responsibility to be "consistent with state laws and the U.S. Constitution." I also appreciate your acknowledgment that you are "entrusted with the protection of all persons in Vermont."
We know the U.S. Constitution has delegated authority to the U.S. federal government over the matter of U.S. immigration. If you believe as you have stated that you are to be "consistent with state laws and the U.S. Constitution," should your actions be to acknowledge, cooperate with, and be "consistent" with the U.S. federal immigration laws?
Our state elected officials have chosen to designate Vermont as an openly known sanctuary state to welcome illegal aliens to live in Vermont in violation of U.S. immigration laws. In doing so, the state has joined the illegal aliens in violating the U.S. immigration laws.
As the highest law enforcement officer elected in the state of Vermont, you are openly supporting the ongoing illegal actions of Vermont's sanctuary status. How is your position "consistent with the U.S. Constitution"?
As a sanctuary state, Vermont's government entities also knowingly provide housing, food, education, transportation, legal assistance, medical care, etc., enabling and harboring the illegal aliens that are welcomed and allowed to live in Vermont, while passing the costs on to taxpayers.
Since harboring persons who are in the U.S. illegally is a violation of U.S. immigration laws, how are you being "consistent with the U.S. Constitution" in fulfilling your position?
According to the National Association of Attorneys General, one function of a state attorney general is to serve as the chief legal advisor to the state government. Another function, as you have stated in your letter, is to be "entrusted with the protection of all persons in Vermont - consistent with state laws and the U.S. Constitution."
Since your election, have you advised the other Vermont government elected officials that they are violating the U.S. immigration laws? If not, how are you being "consistent with the U.S. Constitution?"
The illegal aliens who have been allowed to live in Vermont are unvetted and unknown - yet you are in agreement with enabling and harboring them in Vermont. In doing so, how are you fulfilling your duty to be "entrusted with the protection of all persons in Vermont?"
What were your law enforcement actions during your past two years in office as the Vermont attorney general, while the U.S. borders were wide open and allowing the lawless invasion of aliens into our country? Vermont is a border state, yet as the state's highest law enforcement officer, you were silent and without action. Were you functioning then as the person who has been "entrusted with the protection of all persons in Vermont"?
How is the lawless enablement by Vermont elected officials in allowing illegal aliens to live in Vermont helping or protecting aliens?
They know they are law breakers who have entered the U.S. illegally. Living in the U.S. unlawfully, they are forced to survive as they live with the consequences of their illegitimacy: living in the shadows, looking over their shoulders with heavy consciences, wondering when or if they will be found out. This is an oppressive and cruel existence.
If Vermont truly wants to help immigrants, why not help them to legally obtain their U.S. citizenship, to be able to live in Vermont legally, and in better freedom?
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As you and other Vermont elected government officials have willfully chosen to make this a sanctuary state; to unlawfully harbor illegal aliens, you have placed many Vermonters in positions to also violate U.S. immigration laws. Residents and businesses that provide for and/or employ illegal aliens, along with those who issue drivers licenses and voting privileges, are breaking U.S. immigration laws.
Both the U.S. and Vermont constitutions state the same requirements of U.S. citizenship and attaining the age of 18 for those who are allowed to vote in elections. As the highest law enforcement officer elected in the state, how are you being "consistent with state laws and the U.S. Constitution," as you are in agreement with violating these voting requirements?
Once you were elected, you took an Oath of Office affirming/swearing/promising to "faithfully execute the duties" of your position and to do "equal right and justice to all persons, according to law […] under the pains and penalties of perjury." In refusing to enforce existing laws equally to all persons in Vermont, you are violating your Oath of Office.
As the highest law enforcement officer elected in the state of Vermont, you are allowing different levels of justice as you cater to a special-interest group of law breakers, allowing them to live in Vermont illegally. How is this doing "equal right and justice to all persons"?
The Vermont Constitution directs in Article 6 that all power is derived from the people; therefore, government officers are elected to be trustees and servants and at all times, legally accountable.
As you refuse to "faithfully execute your duties; and to do equal right and justice to all persons according to the law," your actions have broken your "trust." You are not functioning as a "servant or trustee for all Vermonters." How then, should the people of Vermont hold you legally accountable?
Oaths or Affirmations of Office in Vermont are taken "under the pains and penalties of perjury." Perjury is a crime in Vermont and the following Vermont Statute addresses the crime of perjury. "Title 13: Crimes and Criminal Procedure Chapter 065: Perjury - Section 2904 - False swearing; false declaration (a) A person whom an Oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which such Oath is required, shall be guilty of perjury and punished as provided in section 2901 of this title."
The punishment for perjury in Section 2901 says: A person who commits perjury shall be imprisoned not more than 15 years or fined not more than $10,000 or both.
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As the highest law enforcement officer elected in the state, you are in a position of great personal responsibility. People can have respectful, honest debate and differences on many subjects, but when the existing law shows clarity on a matter, it should be followed impartially and selflessly. Personal lawless agendas do not belong in law enforcement roles.
Along with many other Vermont Elected Officials, you are presently allowing Vermont to be a sanctuary state; and to harbor illegal aliens in ongoing violation of U.S. Immigration Laws. Joining in agreement with these illegal actions, you are violating your Oaths of Office and betraying all Vermonters.
All Vermont Elected Officials by Oath or Affirmation have committed to: "faithfully execute their duties; and to do equal right and justice to all persons according to the law."
In closing, I will ask my original question to you again:
You have publicly stated repeatedly, "No one is above the Law." If you truly believe this, why are you silent on the state's many-years' and presently ongoing violations of federal immigration laws?
This Voices Open Letter was submitted to The Commons.
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