. . . . Article, - and check out # 5.
[Thanks, Tennessee Nana.]
Posted on 10/07/2010 6:19:28 PM PDT by Tennessee Nana
MADISONVILLE, Tenn. — An East Tennessee judge Tuesday refused to dismiss charges against a military retiree and a former militiaman accused of intruding on a grand jury they said ignored a demand to charge President Barack Obama with treason.
Naval retiree Walter Fitzpatrick III, 56, of Sweetwater, Tenn., has been challenging grand jury panels throughout the country, charging that grand jury foremen and forewomen have become “tools” of prosecutors and judges.
On April 1, he barged into a closed grand jury meeting to make a citizens’ arrest of Monroe County Grand Jury Foreman Gary Pettway.
Darren Wesley Huff, 41, of Dalton, Ga., after hearing of Fitzpatrick’s arrest in Madisonville, led a group of armed individuals there “to take over the town” and help Fitzpatrick on April 20, the day the retiree was to be arraigned.
In June, their efforts were met with Monroe County indictments from the very grand jury process they are protesting.
Fitzpatrick now is charged with riot, disrupting a meeting or procession, disorderly conduct, resisting arrest, retaliation of past action and civil rights intimidation. Huff is charged with riot, disrupting a meeting and retaliation for a past action.
Fitzpatrick’s and Huff’s attorney, Stephen Pidgeon, of Everett, Wash., argued Tuesday that their indictment was invalid because the grand jury forewoman had served in a previous term and was appointed and serving incorrectly when they were indicted.
Monroe County District Attorney Jim Stutts countered that five Tennessee court rulings have found there is no limit on the number of two-year terms for which a foreperson may be reappointed.
“These people are dangerous,” Stutts said after the judge denied the dismissal request. “They think they can make up their own law.”
Pidgeon and Fitzpatrick said they plan a post-trial appeal over the “tainted” indictment.
“It’s just more corruption,” Fitzpatrick said after Special Circuit Judge Jon Blackwood set Dec. 1 as the pair’s court date.
“Once the trial begins you will not be allowed to wear your uniform,” Blackwood told Fitzpatrick, who sat at the defense table in his U.S. Navy lieutenant commander whites.
“I can’t wear my uniform? Why?” demanded Fitzpatrick.
“I’m not arguing. I’m ordering,” Blackwood shot back.
Two of the charges, retaliation and intimidation, are felonies with maximum sentences of one to two years, according to Stutts.
Huff also faces related federal charges: Transportation of a firearm in furtherance of a civil disorder and use of a firearm in relation to a felony crime of violence.
An FBI agent’s affidavit said Huff told officers he and others were traveling to Madisonville to help Fitzpatrick. The affidavit states Huff had told another Georgia man that he and others planned to “take over the city” of Madison and the Monroe County Courthouse.
The agent said Huff was found to have a pistol during a traffic stop that morning, and he told officers he had an AK-47 in his truck.
The agent said surveillance in Madison later that day found Huff and more than a dozen other individuals with openly displayed and concealed firearms outside the courthouse.
“Some of these persons gathered outside the courthouse appeared to be conducting surveillance on law enforcement officers, their vehicles and police observation posts, as well as the entrances to the court building,” the affidavit states.
Will Discovery be allowed ???
What's in your wallet, Barry ???
PING
I read that...
I would like to see that directive...
It may be if his convicted, but how would a civilian judge know ???
I wonder if the Navy complained to the judge about the “image” etc...
It’ll get nowhere. This guy nails it:
JB Williams
Canada Free Press
http://canadafreepress.com/index.php/article/12999
(snip)
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II – Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
(snip)
But not ONE member of America’s most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
(snip)
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
(Snip)
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. It’s the right question, because those leaders are NOT going to stop this thing.
(Snip)
WHO WILL SAVE FREEDOM?
A brave few… This is how it was in the beginning, how it has always been and how it will be.
(Snip)
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.
(Snip)
A PRECIOUS FEW, BUT THEY EXIST… and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..
I think they will just muck around with it, drag it out for months till next year, cause the defendants money time reputation and then drop the charges...
They cant afford to let any case get legs enough to go to the Supreme Court...
or require barry to cough up any documents...
placekeeper
Where in the Constitution does it say that State courts and State Grand Juries have any authority over Presidential qualifications?
. . . . Article, - and check out # 5.
[Thanks, Tennessee Nana.]
In the past few days, we'd had judges deny the right to discovery and order jail time for not saying the pledge. Welcome to The New World Order.
Certifigate -- Meat-and-Potatoes Summary. [Please feel free to add points.]
Birthers don't need no Constitution!
If we don’t distance ourselves from militant movements, anyone who dares mention the document-that-must-not-be-seen could be credibly cobbled with genuine wackos. Team Obama has been on their pot-stained meditation rugs begging for anarchy from our side. Here’s what I mean:
Leftist group advising Homeland Security ops
http://www.wnd.com/index.php?fa=PAGE.view&pageId=213269
Contributes to report about using social services to battle ‘extremism’
I know they are brave patriots, FRiend, but this is not the way. Let’s look at our most controversial leaders:
Sharron Angle, Christine O’Donnell, and Sarah Palin.
Do you think any one of them would side with this militia? Heck no.
What about talk radio? Savage might — MIGHT side with them. He would be the only nationally syndicated host who would, and even he would probably insist that they do it without guns. The rest would condemn any other talk radio host who supported militancy.
Naval retiree Walter Fitzpatrick III, 56, of Sweetwater, Tenn., has been challenging grand jury panels throughout the country, charging that grand jury foremen and forewomen have become "tools" of prosecutors and judges.
The 10th amendment. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." There is no specific power delegated to the United States regarding the eligibility of a president.
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