AFFIDAVIT
I, _________________________________, reside at __________________________________,
_________________________, MO, and I currently am or was a USDA licensed breeder (USDA License Number: ______________. By form letter dated March 17, 2011, that was addressed to “Dealer or Breeder,” and was received by me on March ___, 2011, I was notified by Ms. Tonya Woods, Director of the APHIS Freedom of Information & Privacy Act Office, that the U.S. Department of Agriculture (USDA) planned to release my financial, confidential, business sensitive, personal and privileged information that was listed on my USDA License to the Humane Society of the U.S. (HSUS) on April 4, 2011, unless I notified the USDA no later than April 1, 2011 that I “have initiated suit or judicial intervention to enjoin the disclosure of these records.”
This Affidavit is intended to document that I am a party to the expected filing of an appropriate court document that seeks to enjoin the USDA from releasing my financial, confidential, business sensitive, personal and confidential information that is the subject of the Freedom of Information Lawsuit that was filed by the HSUS.
In support of the expected effort to enjoin the USDA from releasing any information to the HSUS, I ask that the Court of Jurisdiction consider the following:
1. For more than 17 months, and up until March 17, 2011, the USDA had properly determined that it would not be appropriate to release the subject information to the HSUS, and the USDA had properly resisted releasing this information for nearly six months after the HSUS had sued the USDA.
2. No Executive Order should be used as a basis to comply with the express statutory language as set out in Exemptions 3, 4 and 6 of the FOIA, as they relate to Section 6103 of the U.S. Tax Code; commercial or financial information that is privileged or confidential; and the Privacy Act. Executive Orders do not trump the express prohibitions against inappropriate release of information that is explicitly set out in U.S. Federal Statutes that were approved by the U.S. Congress and signed into Law by the President of the U.S.
3. I further believe that the sole purpose for the HSUS to seek this information is so that it may continue to execute it conspiratorial actions to harass me and to destroy my ability to operate an animal enterprise, which intentions have been repeatedly expressed on the HSUS Internet Website by the President of the HSUS who also has slandered and libeled State Legislators who have opposed the efforts of HSUS to destroy the dog breeding industry in Missouri. This is the same HSUS that was named as a defendant in a lawsuit filed in the Federal District Court of the District of Columbia (1:07-cv-01532-EGS) by the Feld Corporation, the Parent Company of Ringling Brothers Circus, and the HSUS has been alleged to have violated the RICO Statute. Additional allegations include Money Laundering, Illegal Witness Payments, Obstruction of Justice, Mail Fraud, Wire Fraud, Malicious Prosecution, Obstruction of Justice, Abuse of Process, and most significantly, Conspiracy to Harm a Business.
4. Since hundreds of Missouri Breeders have brought to the attention of the Federal Bureau of Investigation (FBI) their concerns that the HSUS may have violated the Animal Enterprise Terrorism Act (AETA) (18 U.S. C. 43) with respect to the alleged interstate conspiracy to harass breeders, who are defined by the AETA as a protected class of animal enterprises, and to ultimately drive them out of business, the release of the subject information could not only contribute to a perpetuation of unlawful harassment, but could also interfere with what already may be an on-going FBI investigation of the HSUS in order to determine if the HSUS has criminally violated the Animal Enterprise Terrorism Act.
For the above stated reasons, I respectfully request that the USDA either reverse its decision to release the information in question, or that it be enjoined from doing so. Otherwise, I and my lawfully licensed and Federally recognized animal enterprise will experience irreparable harm.
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Subscribed and sworn to before me this _______ day of March, 2011.
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