What another candidate for city council does not want to know. And certainly does not want you to know.
Voting day is Tuesday. If you are available to hold a sign at one of the polls in South Burlington for an hour or two, please send me note at Jimmy@jimmyleas.com
At one time politicians touted their support for the F-35. That was when they thought it was extremely popular. No longer. They know now that thousands of Vermonters hate the F-35 training in the Chamberlin School neighborhood. And over Winooski. And over Burlington and Williston
So the politicians either do misleading blame-shifting, citing “a federal mission” or, like the other person running for city council, they just say they don’t believe we have the power to stop it.
Certainly, the F-35 training is indeed a federal mission. But it matters not whose mission it is: The US Constitution expressly assigns the states with “the authority of training the militia.” Not the federal government. Federal law 32 USC 501 says ‘the training of the National Guard shall be conducted by the several States.” That state control is not conditioned on what the mission is, who it is for, or who pays for it.
Furthermore, Vermont adopted a law called 24 VSA 2291 that says “to promote the public health, safety, welfare, and convenience” cities, towns, and incorporated villages have the power “to regulate the operation and use of vehicles of every kind.”
That means the federal constitution and federal law delegated power over Guard training to the states, and Vermont delegated power to the local governments.
This is not to say the federal government is powerless. The constitution delegated power to the federal government do different things, but not the training of the state national guards. The federal power is “to organize, arm, and discipline the militia” (which is now called the national guard). It was under its power to “arm” the militia that the federal government did the “basing” of the F-35 jets in the Chamberlin neighborhood. Under that same power the US Air Force can move the F-35 jets to a location remote from any populated area or it can provide the Vermont Air National Guard with an entirely different mission that is compatible with the current city location.
This means that all three levels of government, federal, state, and local, have powers under which each one, on its own, can order a halt to the F-35 training in the Chamberlin School neighborhood. None of the three levels is powerless. Nor is any state official, any city council, or any city councilor powerless.
But there is more: It’s not just that the state of Vermont has the power to conduct the training of the Guard. Vermont also has a constitutional requirement to conduct that F-35 training “according to the discipline prescribed by congress.” Correspondingly, Federal law 32 USC 501 says, “The discipline, including training, of the Air National Guard shall conform to that of the Air Force.”
That Air Force discipline protects civilians from military operations, including military training operations, and it does so in five different ways. Those ways are called distinction, military necessity, proportionality (which includes feasible precautions), humanity (which is also known as unnecessary suffering), and honor.
Complying with each of these fundamental military law principles is mandatory for the Air Force and for the Vermont Air National Guard. Each of those principles, on its own, requires the state to conduct the 115- decibel F-35 training remote from any populated area. Each is violated by training with the F-35 in a city.
The facts are clear: Over 650 Vermonters filed written complaints detailing the pain, injury, and trauma they experienced from their exposure to the F-35 training flights in their city. Some of them were from South Burlington. Others from Burlington and others from Winooski, Williston, Richmond, Charlotte, and other places.
The State of Vermont has both the power and the legal requirement to halt the F-35 training amidst its densely populated cities and towns. Each city, town, and village also has the power and the legal requirement to protect their own citizens.
What is needed is elected officials who will unflinchingly and determinedly do their jobs to enforce the law that protects Vermonters. Unfortunately, no Vermont officials are currently leading the way.
So I am running for city council in South Burlington to put a stop to the F-35 training in the Chamberlin neighborhood. I will table the ordinances. I will ask the city council to hold public hearings to consider those ordinances. I am certain that the public testimony will persuade a majority to enact those ordinances.
I will also lobby and testify in Montpelier and in Washington DC. I will speak out using this CancelF35.substack.com, and, to the extent possible, using the legacy news media.
I will be unrelenting in demanding a halt to the F-35 training in South Burlington and in any other populated area.
This is a battle for health and safety. A battle for civil rights. A battle for justice for our working-class Chamberlin School neighborhood. A battle for the rule of law. It is a battle we can win if only we try.
Write or call your public servants and demand an immediate halt to F-35 training in cities.
Governor Phil Scott 802-828-3333 Chief of Staff <Jason.Gibbs@vermont.gov>
Vermont National Guard's Complaint Line: 802-660-5379 (Note: the Vermont Guard told a reporter that it received over 1400 noise complaints. But the Guard won’t release what people said).
Submit your report & complaint to the still active Fall 2021-Continuing Now online F-35 Report & Complaint Form: https://tinyurl.com/5d89ckj9
See all the graphs and in-your-own words statements on the F-35 Spring-Summer 2021 Report & Complaint Form (513 responses): https://tinyurl.com/3svacfvx.
See links to the graphs and in-your-own words statements on all four versions of the F-35 Report & Complaint Form since Spring 2020, with a total of 1670 responses from 658 different people plus 77 more so far on the form that remains active now.
Senator Bernie Sanders 800-339-9834 <Senator@sanders.senate.gov>
Senator Peter Welch 888-605-7270 Chief of Staff <patrick.satalin@mail.house.gov>
Congressman Becca Balint
Burlington City Council <citycouncil@burlingtonvt.gov>
Burlington Mayor Miro Weinberger <mayor@burlingtonvt.gov>
Winooski Mayor Kristine Lott <klott@winooskivt.org>
S. Burlington City Council Chair Helen Riehle <hriehle@sburl.com>
Williston Selectboard Chair Terry Macaig <macaig@msn.com>
VT Senate President Philip Baruth <Philip.Baruth@uvm.edu>
VT House Speaker Jill Krowinski <jkrowinski@leg.state.vt.us>
Attorney General Charity Clark <Charity.Clark@vermont.gov>
States Attorney Sarah George <Sarah.fair.george@gmail.com>
Vermont’s Federal Prosecutor <usavt.contactus1@usdoj.gov>
Adjutant General Brig Gen Gregory C Knight <gregory.c.knight.mil@mail.mil>
Major J Scott Detweiler <john.s.detweiler.mil@mail.mil>
Wing Commander Col Dan Finnegan <daniel.finnegan@mail.mil>
Vermont National Guard Inspector General Lt. Col. Edward J Soychak <edward.soychak@us.af.mil>
US Air Force Inspector General Lt. Col. Pamela D. Koppelmann <pamela.d.koppelmann.mil@mail.mil>
Air Force Secretary Frank Kendall <Frank.Kendall@us.af.mil>
Looking forward to you being on the City Council!!!!!! best wishes Marjorie