Posted on 01/26/2009 5:07:06 PM PST by rxsid
SCOTUS on the unique power of Grand Jurors
[snip]
"the 5th Amendment right of we the people to use the presentment power to investigate criminal activity on our own volition to review Government activity and bring all criminality to justice"
"It is more analogous to the Grand Jury, which does not depend on a case or controversy for power to get evidence, but can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not."
"Because the grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such supervisory judicial authority exists, and that the disclosure rule applied here exceeded the Tenth Circuits authority."
" Even in this setting, however, we have insisted that the grand jury remain free to pursue its investigations unhindered by external influence or supervision so long as it does not trench upon the legitimate rights of any witness called before it. United States v. Dionisio, 410 U.S. 1, 17-18 (1973). Recognizing this tradition of independence, we have said that the Fifth Amendments constitutional guarantee presupposes an investigative body `acting independently of either prosecuting attorney or judge. . . . Id., at 16 (emphasis added) (quoting Stirone, supra, at 218)." [snip]
http://naturalborncitizen.wordpress.com/
I think Justice Scalia is giving us the roadmap to take back the country here if we can figure it out. More great work by Leo Donofrio.
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Interesting... But what will come of it?
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
How do people go about to get "presentment power" to investigate criminal activity on our own volition to review Government activity and bring all criminality to justice?
Excellent work. It adds an entire new way of looking at the standing issue.
Is there any examples of presentment power being used in U.S. history or has this right never been exercised?
I’m wondering if we can get just one state to pass a law requiring candidates for president to submit their birth certificates in order to be placed on the ballot?
Now if we could only get the Fully Informed Jury Association to be more energetic. (www.fija.org)
Isn’t grand jury testimony/evidence secret by law? If so, then how would a no-bill (if truly warranted) dispel the rumors and innuendo?
Sounds good like another DONOFRIO WUSSY LOSS but before you head off to Grand Jury, it might be a good idea to have some evidence.
Don’t listen to Donofrio contact Orly:
http://www.drorly.blogspot.com/
Yes, I have heard several similar references. If all is right in the filing, the original birth certificate gets subpoened for investigation.
Are we creating rivalries among eligibility attorneys now?
Leo’s case failed to be heard but so have all of them for the same reason—lack of standing. I think this grand jury approach might be worth exploring, as standing should not be the obstacle that it has been with SCOTUS.
I emailed Orly about it, as I value her opinion as well.
I disagree. Donofrio failed because he did not have the right plaintiffs, the right defendants and he presented an arcane argument about a nebulous issue.
Then he had the audacity of hope to call the SCOTUS, “WUSSY.” I don’t think that is a good way to get your cases heard by SCOTUS.
So what is your suggestion? That we chuck the whole thing? Keep filing the same types of cases over and over? Or maybe try something different? I say we experiment with every possible approach. It is worth the effort. We should make this issue as visible as possible while exploring every conceivable means.
Leo is a bit high strung and his case, by his own admission, wasn’t crafted as well as it could have been. He put it together under some pressure. But he took a shot and, hopefully, encouraged others to do likewise.
Phil Berg is going on the Radio to discuss his cases against BO.
Here’s the site:
http://www.bondinfo.org/media/radio/radio_show.php
Crimes include but not limited to: Identity Theft, Credit Card Fraud, Voter Fraud, Voter Intimidation. Said crimes were committed up to and during the Democrat Primary and the General Election.
Link to List of US Attorneys Offices to take criminal information on BO:
http://drorly.blogspot.com/2009/01/us-attorneys-offices-for-you-to-visit.html
I think there’s merit in this. Why are there no attorneys who are seeking an indictment against Obama for felony fraud? The forged COLB. That seems to me to be the reasonable way to go here.
The ‘evidence’ is the COLB Obama posted on the internet along with the testimony and ‘evidence’ of those who refute it. All the grand jury needs to do is convene and indict Obama for possible felony fraud, the rest is up to trial. In addition as a criminal case rather than a ‘civil’ lawsuit, the standing issue would be moot.
To defend himself Obama would have to produce the vault bc. Get where I’m going here????
“Why are there no attorneys who are seeking an indictment against Obama for felony fraud?”
Because that is best left to the pro prosecutors like Patrick Fitzgerald.
But U don’t need a lawyer to present a case to the Criminal Grand Jury in your hometown. Just go to the Courthouse with your evidence. As a Citizen, that is your right.
Go for it!
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