M E M O R A N D U M
From: Michael J. Merritt, USN Retired/Writer
cipher.hunter@cipherphoenix-phoenix-u10113.vm.elestio.app
To: Iowa Civil Rights Commission
6200 Park Avenue, Suite 100
Des Moines, IA 50321-1270
Iowa Public Information Board
Wallace State Office Building, Third Floor
502 East Ninth St
Des Moines, IA 50319
Attorney Disciplinary Board
Judicial Branch Building
1111 East Court Ave
Des Moines, Iowa 50319
(515) 348-4680
Newton Daily News
P.O. Box 967
Newton, IA 50208
Info: U.S. Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530-0001
Federal Bureau of Investigation
4411 South 121st Court
Omaha, NE 68137-2112
Governor Kim Reynolds, State of Iowa
1007 East Grand Ave
Des Moines, IA 50319
Lt. Governor Adam Gregg, State of Iowa
1007 East Grand Ave
Des Moines, IA 50319
Senate General Assembly 90, State of Iowa
(Electronic Service)
House of Representatives General Assembly 90, State of Iowa
(Electronic Service)
Office of the Attorney General of Iowa
Hoover State Office Building
1305 E. Walnut St
Des Moines IA 50319
Iowa Department of Public Safety
Oran Pape State Office Building
215 E. 7th St
Des Moines IA 50319
Poweshiek County, IA Attorney
4802 Barnes City Rd
Montezuma, IA 50171
Powesheik County, IA Sheriff
4802 Barnes City Rd
Montezuma, IA 50171
Grinnell, IA Police Department
1020 Spring St
Grinnell, IA 50112
Iowa County Attorney’s Association
Hoover State Office Building, Second Floor
Des Moines, IA 50319
Subj: IOWA OPEN RECORDS REQUEST – IOWA PUBLIC INFORMATION BOARD – 2397 – CM-X2 – ELIMINATION OF THE FOG OF WAR
Ref: 1. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records)
2. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records) – Section 22.3 – Supervision—fees
3. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records) – Section 22.8(4.)(d.) – Injunction to restrain examination
4. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records) – Section 22.10 – Civil enforcement
5. Iowa Code Title I State Sovereignty and Management, Chapter 23 Public Access to Government Information (Iowa Public Information Board Act) – Section 23.7 – Filing of complaints with the board
6. Iowa Code Title XV Judicial Branch and Judicial Procedures, Chapter 659 Libel and Slander – Section 659.1 Pleading
7. Iowa Code Title XV Judicial Branch and Judicial Procedures, Chapter 659 Libel and Slander – Section 659.2 Libel — retraction — actual damages.
8. Iowa Code Title XV Judicial Branch and Judicial Procedures, Chapter 659 Libel and Slander – Section 659.3 Retraction — actual, special, and exemplary damages.
9. Title XVI – Criminal Law and Procedure – Iowa Code Chapter 708 – Assault – Iowa Code Section 708.7 – Harassment
Enc: 1. Kauffman, Clark. “Persistent Newton Requester Inspires Proposal That Could Limit Iowa Public Records Access.” The Des Moines Register, Iowa Capital Dispatch, 25 Sept. 2023, www.desmoinesregister.com/story/news/2023/09/25/iowa-public-records-access-could-be-restricted-in-reaction-to-one-man/70936174007/.
2. Clark Kauffman, Iowa Capital Dispatch September 15. “Proposed Bill Would Block ‘vexatious’ Citizens from Accessing Public Records.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/
3. Clark Kauffman, Iowa Capital Dispatch September 22. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/
4. The Form of the Iowa Class Battleship and the Sea of Tyranny Manifested By Iowa’s Alleged Information Concealment Board, 29 SEP 2023
5. The Form of the Iowa Class Veteran, 07 OCT 2023
6. The Final Deployment, The Race Between Good and Evil, 21 NOV 2023
7. Lions, Tigers, Vexatious Records Requesters Oh My!, 06 DEC 2023
8. Declaration and Response to Iowa Civil Rights Commission Correspondence, 13 DEC 2023
9. The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa Public Information Board – 1797 – CM-X2 – Elimination of the Fog of War – Section 01 of 05, 11 JAN 2024
10. The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa State Government Bodies – Consolidated – CM-X2 – Elimination of the Fog of War – Section 02 of 05, 12 JAN 2024
11. The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa State Government Bodies – Consolidated – CM-X2 – Elimination of the Fog of War – Section 03 of 05, 14 JAN 2024
12. The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa Municipal Government Bodies – Consolidated – CM-X2 – Elimination of the Fog of War – Section 04 of 05, 16 JAN 2024
13. Electronic Mail – Iowa Public Information Board – 24 JAN 2024
14. The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa Municipal Government Bodies – Consolidated – CM-X2 – Elimination of the Fog of War – Section 05 of 05, 31 JAN 2024
15. Memorandum – Iowa Civil Rights Commission – 10-23-80682 – 31 JAN 2024
1. Introduction
I have received the ICRC’s Administrative Closure for case 10-23-80682 dated 31 JAN 2024. I have submitted a more recent complaint against the Iowa Public Information Board regarding the evidence showing that it denied access to public records via the requests I have that evidence indicates were never responded to. Please inform me when I can expect the letter, providing 30 days for a proper response with supporting evidence.
2. Records Requested
(a.) The entire contents of the State of Iowa and Iowa Public Information Board end-user electronic mailbox erika.eckley@iowa.gov from 01 JUL 2023 to 02 FEB 2024.
(b.) The entire contents of the State of Iowa and Iowa Public Information Board end-user electronic mailbox daniel.strawhun@iowa.gov from 01 JUL 2023 to 02 FEB 2024.
(c.) The entire contents of the State of Iowa and Iowa Public Information Board end-user electronic mailbox julie.pottorff@iowa.gov from 01 JUL 2023 – 01 OCT 2023
(d.) The entire contents of the State of Iowa and Iowa Public Information Board end-user electronic mailbox barry.lindahl@iowa.gov from 01 JUL 2023 – 01 OCT 2023
(e.) The entire contents of the State of Iowa and Iowa Public Information Board end-user electronic mailbox brett.toresdahl@iowa.gov from 01 JUL 2023 – 01 OCT 2023
(f.) The Iowa Public Information Board is requested to provide billing receipts supporting its tax-funded interactions with Salesforce Inc., an industry leader and commercial provider of customer relationship management (CRM) and automation cloud-based software and services.
3. Acknowledgment of Receipt of the Iowa Public Information Board’s Response for Request 1797
The Iowa Capital Dispatch has documented the following communications the Iowa Public Information Board produced.
“We’ve had some issues with individuals filing hundreds of requests and engaging in abuse – what many would consider abusive and harassing conduct related to those,” Eckley told the committee. “And so looking at it there’s not a lot that individuals can do if they’re in that situation. There’s very little that they can do other than to continue to just take the harassment and continue to have to review the information from that individual to make sure they are complying with their (Open Records Law) requirements.”
Clark Kauffman, Iowa Capital Dispatch September 15. “Proposed Bill Would Block ‘vexatious’ Citizens from Accessing Public Records.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/.
“Days later, Eckley wrote to the state’s Office of Chief Information Officer to express “ongoing concerns regarding the activity from Mr. Merritt.” Eckley wrote that “Merritt is making 1000s of records requests to government entities. He has a right to do that. The concern I have is that he has stated he wants to develop a database of the government email systems, etc.” She wrote that she was concerned about the “potential harm that could be done if there is a database that shares information that could be useful to others to harm these government systems if bad actors were able to use the information to insert malware of ransomware.”Kauffman, Clark. “
How One Man’s Actions Led to Proposed New Limits on Public-Records Access – Iowa Capital Dispatch.” Iowa Capital Dispatch, 22 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/. Accessed 23 Jan. 2024.
“She added that she has “become aware of an individual basically automating across all counties, all school boards, all cities, and such, seeking extensive records and then the communications after that can be quite abusive and harassing.”Clark Kauffman, Iowa Capital Dispatch September 15. “
Proposed Bill Would Block ‘vexatious’ Citizens from Accessing Public Records.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/.
“At one point he told me he was going to develop a database of information to make request to government entities easier – particularly how they store emails,” Eckley told the board members. “I am not sure his actions are meant to be a cybersecurity threat, but he could be creating information that others could use for attacks.”Ref 2. Clark Kauffman, Iowa Capital Dispatch September 22.“
How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.
“Pottorff responded by indicating Merritt’s actions were “probably related to his mental health issues” and suggested Eckley consult with the Iowa Department of Public Safety.“
How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.
The Newton Daily News has documented the following communications the Iowa Public Information Board produced.
“Iowa Capital Dispatch’s Clark Kauffman reported in September that the proposed bill was largely in response to one person from Newton. Michael Merritt, a Navy veteran who says he has PTSD and calls himself Cipher Hunter, sent 35 complaints to the Iowa Public Information Board in August alone.
Braunschweig, Christopher. “Iowa Auditor Says Proposed Public Records Bill Could Negatively Impact His Office.” Newton Daily News, Newton Daily News, 15 Oct. 2023, www.newtondailynews.com/news/local/2023/10/15/iowa-auditor-says-proposed-public-records-bill-could-negatively-impact-his-office/. Accessed 2 Feb. 2024.
“Two months ago the Iowa Public Information Board’s legislative committee announced it is considering introducing a law that could enable government agencies to effectively ignore public records requests made by “vexatious requesters” in order to stop excessive and abusive requests.
Jasper County was prey to a vexatious requester for some time. The resident made numerous requests that would have taken considerable time to complete. Many of the requests were non-specific in their content and timeframe. The individual had made similar requests to other cities in Iowa.”
Braunschweig, Christopher. “Jasper County Changes Open Records Policy to Thwart Abusive Requests.” Newton Daily News, Newton Daily News, 14 Nov. 2023, www.newtondailynews.com/news/local/2023/11/14/jasper-county-changes-open-records-policy-to-thwart-abusive-requests/. Accessed 1 Feb. 2024.
On 11 JAN 2024, the Iowa Public Information Board was electronically served “The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa Public Information Board – 1797 – CM-X2 – Elimination of the Fog of War – Section 01 of 05” requesting, “(a.) Any public records showing a criminal complaint against the originator of this correspondence regarding the allegations of criminal conduct this government body communicated to the Iowa Press leading to the publishing of Enclosures (1.), (2.) and (3.).“
On 24 JAN 2024, the Iowa Public Information Board responded to open records request, “The Form of the Constitutional Maverick – Iowa Open Records Request – Iowa Public Information Board – 1797 – CM-X2 – Elimination of the Fog of War – Section 01 of 05” with “Mr. Merritt . The Iowa Public Information Board does not possess any records reflective of your request.”
There is no statute of limitations on the evidence that supports the contents of a citizen’s soul. The War against Evil is not a game for championship sprint cars. It is a paradigm that can only be survived by those capable of holding their breath under saltwater for extended periods while willing to lose everything in pursuit of what they know is right.
4. The Form of Persistence
Success has little to do with who we are.
It has everything to do with having the honor, courage, and commitment to persevere through failure until we reach the desired outcome.
Defeat is only achieved by those who accept it.
5. Honor, Courage, and Commitment and the Weight of Truth
The inner strength of the least among us is created by the evidence that shows they carry the weight of this world’s deceit. At the same time, the evidence also indicates that the least among us also carry the weight of truth that some we have trusted to lead have produced evidence of lacking the courage to carry.
Some deploy lies to maintain their position as the leader of the pack. At the same time, I am thankful that I know Jesus Christ walks beside me as I walk along this world’s train tracks.
6. Conclusion
I have informed a law enforcement officer of the Grinnell, IA, Police Department that I trust that I intend to vacate my apartment this spring to halt my monthly rent expenditure to invest in this work. At the same time, I intend to keep them updated on my location in light of the evidence that shows the State of Iowa’s desire to criminalize and destroy the honorable who pursue the truth.
When I deploy to defend what I serve and believe in, I do not look back at the pier from which I departed. I stand the watch until I have completed the mission I have been ordered to complete.
Thank you for your time and professional responses in this case. I disagree with this decision, but at this time, the ICRC’s decision suggests that I have insufficient data and that more work is required.
To every person who has stood the watch in defense of this great nation, our spiritual connection fuels my work to defend the pursuit of liberty, the acquisition, possession, and protection of property, and the pursuit and obtaining of safety and happiness for the families of those who have lost more than we have and those who stand the watch now.
“I would rather die serving with my family, than live among those that I served that evidence shows abandoned my children.”
The Final Deployment, The Race Between Good and Evil, 21 NOV 2023, Cipher Hunter
Respectfully,
Cipher Hunter
Legal Name: Michael J. Merritt, as shown on birth records stored and preserved by Marshall County, IA, and records stored and preserved by the United States Department of Defense from 1997 – 2017.
