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Obama Beware: The Federal Grand Jury is the 4th Branch of Government & DOES NOT require the Courts
American Grand Jury ^ | Jan. 22, 2009 | Leo C. Donofrio, J.D.

Posted on 02/22/2010 11:00:56 PM PST by BIOCHEMKY

All of us may one day serve as grand jurors in federal court, and I hope this article will educate the reader to his/her true power as granted by the Constitution. For that power, despite having been hidden for many years behind the veil of a legislative fraud, still exists in all of its glory in the 5th Amendment to the Constitution. The US Supreme Court has confirmed and reinforced that power.

[Excerpt of last third of article is as follows]

Antonin Scalia effectively codified the unique independent power of the Fourth Branch into the hands of all citizens sitting as federal grand jurors. In discussing that power and unique independence granted to the grand jury, the United States Supreme Court, in United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia, delivering the opinion of the court, laid down the law of the land:

" '[R]ooted in long centuries of Anglo-American history, Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., concurring in result), the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It "'is a constitutional fixture in its own right.'" United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). ' "

I submit to you that this passage sets the stage for a revolutionary new context necessary and Constitutionally mandated to "we the people," THE FOURTH BRANCH of the Government of the United States. Besides, the Legislative, Executive, and Judicial branches, I submit that there is a fourth branch, THE GRAND JURY, and "we the people? when sitting as grand jurors, are, as Scalia quoted in US v. Williams, " a constitutional fixture in its own right." Yes, darn it. That is exactly what the grand jury is, and what it was always intended to be.

Scalia also stated, that "the grand jury is an institution separate from the courts, over whose functioning the courts do not preside." Id.

And finally, to seal the deal, Scalia hammered the point home:

"In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people. See Stirone v. United States, 361 U.S. 212, 218 (1960); Hale v. Henkel, 201 U.S. 43, 61 (1906); G. Edwards, The Grand Jury 28-32 (1906). Although the grand jury normally operates, of course, in the courthouse and under judicial auspices, its institutional relationship with the Judicial Branch has traditionally been, so to speak, at arm?s length. Judges'direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office. See United States v. Calandra, 414 U.S. 338, 343 (1974); Fed.Rule Crim.Proc. 6(a). [504 U.S. 36, 48] "

This miraculous quote says it all, "the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people." The Constitution of the United States, as interpreted by the Supreme Court, gives rise to a FOURTH BRANCH of Government, THE GRAND JURY. We the people have been charged with oversight of the government in our roles as grand jurors.

And at this critical time in American history, we must, for the protection of our constitutional republic, take back our power and start acting as powerful as the other branches of government.

The law is on our side. So please spread this knowledge as far and wide as you can. We the people have the right and power under the 5th Amendment of the Constitution to charge this government with crimes by returning presentments regardless of whether the US Attorneys or the federal judges agree with us. As the Supreme Court has so brilliantly stated, we are the "buffer between the Government and the people."

Take the reins America. Pass it on. The Fourth Branch is alive and kicking.


TOPICS: Government; History; Politics; Society
KEYWORDS: government; grand; jury; obama
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NEVER, NEVER, NEVER throw in the towel when it comes to the defense of our GREAT NATION and our way of life. NEVER.

"American Grand Jury hands down Indictment of Fraud and Treason against Obama" May 9th, 2009

CIA OBAMA Columbia Coverup Treason Trial has now been slated for May 14-19, 2010 presided over by an American Grand Jury

http://americangrandjury.org/

This Grand Jury proceeding IS happening NOW and it is our CONSTITUTIONAL right!

1 posted on 02/22/2010 11:00:56 PM PST by BIOCHEMKY
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To: BIOCHEMKY

Be careful with this stuff.... the communists can convene Grand Juries too...


2 posted on 02/22/2010 11:15:21 PM PST by April Lexington (Study the constitution so you know what they are taking away!)
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To: BIOCHEMKY

CIA OBAMA Columbia Coverup Treason Trial - that’s Dr.Manning’s baby!


3 posted on 02/22/2010 11:16:44 PM PST by presently no screen name
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To: BIOCHEMKY

I would love to sit on a grand jury. I have two friends that have served on grand juries. Both said that it was a great experience.


4 posted on 02/22/2010 11:17:29 PM PST by notpoliticallycorewrecked (According to the MSM, I'm a fringe sitting, pajama wearing, Freeper)
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To: BIOCHEMKY; rebuildus

Ping. Did you see this


5 posted on 02/22/2010 11:18:03 PM PST by abigail2
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To: April Lexington

Hey, I lose everything I hold dear if I don’t fight the tyranny whereas I can only lose my miserable life if I do fight the tyranny.

Therefore, this American patriot boldly chooses to fight the tyranny, after all my “treasures” are not here, but in Heaven anyway.

Besides, why should I fear quoting and acting on the decision of a Supreme Court Justice when I live in the land of the free and the brave that protects my freedom of speech?

No, I choose to fight the tyranny to my very last stinking penny and breath and once of energy.

This great Republic WILL NOT have its light go out without a whimper!


6 posted on 02/22/2010 11:21:28 PM PST by BIOCHEMKY (I love liberty more than I hate war.)
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To: presently no screen name

“...that’s Dr.Manning’s baby!”

Yep, and “American Grand Jury” has taken up Dr. Manning’s cause with him as have a multitude of regular patriotic Americans and together we;re going to demand answers and action!


7 posted on 02/22/2010 11:23:44 PM PST by BIOCHEMKY (I love liberty more than I hate war.)
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To: BIOCHEMKY
Hey, I lose everything I hold dear if I don’t fight the tyranny whereas I can only lose my miserable life if I do fight the tyranny.

Sounds right to me.
8 posted on 02/22/2010 11:23:49 PM PST by fr_freak
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To: BIOCHEMKY
I agree. But be careful. This Grand Jury stuff cuts both ways. If we can call one, they can call one too. And theirs usually leads to Auschwitz...
9 posted on 02/22/2010 11:23:56 PM PST by April Lexington (Study the constitution so you know what they are taking away!)
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To: BIOCHEMKY

Fraud and Treason against Obama” May 9th, 2009

What was the outcome?


10 posted on 02/22/2010 11:27:22 PM PST by presently no screen name
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To: presently no screen name

The indictment citing fraud and treason was handed down on May 9, 2009.

The outcome won’t be known until the trial happens.

The trial doesn’t occur until May 14-19, 2010 in NYC.

http://americangrandjury.org/american-grand-jury-hands-down-indictment-of-fraud-and-treason-against-obama


11 posted on 02/22/2010 11:32:21 PM PST by BIOCHEMKY (I love liberty more than I hate war.)
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To: BIOCHEMKY

Duh! Now I know it’s past my bedtime. ;)
Thanks.


12 posted on 02/22/2010 11:36:45 PM PST by presently no screen name
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To: April Lexington

“And theirs usually leads to Auschwitz...”

This is what the Second Amendment is for, to protect us from tyranny.


13 posted on 02/22/2010 11:43:03 PM PST by Frantzie (TV - sending Americans towards Islamic serfdom - Cancel TV service NOW)
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To: BIOCHEMKY
The only thing a grand jury can do is issue indictments - accusations. No court and no prosecutor is obliged to act on an indictment if they don't want to. The real power of the grand jury system lies in the grand jury's ability to refuse to return an indictment. Grand juries can be effective as a break on government power, but are poorly suited for political initiative.
14 posted on 02/22/2010 11:47:28 PM PST by SeeSharp
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To: April Lexington

Agree. It cuts both ways.

Besides, NO ONE will ever hold “The Magic Negro” accountable for anything. Our manufactured guilt, courtesy of the media, Hollywood and our Marxist Indoctrination Camps (high school and college) will make sure that we feel guilty and apologize for all negroes and their failures.

Funny, Latinos try to play the “Oh, feel sorry for me!” card, but it doesn’t work as well as the former slavery card.

Hey Barack! Slavery ended during the Civil War! Get over it! Various other groups were functional slaves (Irish and Welsh in the coal mines, Chinese workers in the west, etc) and you don’t hear them whining or asking for reparations.


15 posted on 02/22/2010 11:52:31 PM PST by whitedog57
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To: BIOCHEMKY

Thanks BIOCHEMKY. You have a partner here.


16 posted on 02/23/2010 12:02:54 AM PST by bronxville
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To: BIOCHEMKY

Indicted by a make-believe grand jury, tried in a make-believe court and sent to a make-believe prison.


17 posted on 02/23/2010 12:07:01 AM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: trumandogz

The American constitutions provision for a citizen’s Grand Jury in the fifth ammendment is not “make believe”.

The fact is our right to employ the fourth arm of government in an attempt to curb corruption in 2 and a half of the other three branches was apparently something our founding fathers also in their profound wisdom were able to forsee. This is the same reason we were admonished through generation upon generation upon generation to always protect the 2nd ammendment even if it is at the cost of one’s one life and livelihood.

Freedom is not free, we all know that.


18 posted on 02/23/2010 12:16:48 AM PST by BIOCHEMKY (I love liberty more than I hate war.)
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To: BIOCHEMKY

Can you name one person who was billed by one of these “citizen’s” grand juries, put on trial in one of their courts, convicted and sent to an actual prison?


19 posted on 02/23/2010 12:24:05 AM PST by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: trumandogz

I will start researching cases and names and outcomes of cases for you, but in the interim I am providing this additional information taken from wikipedia concerning Grand Juries.

http://en.wikipedia.org/wiki/Grand_jury

In the early decades of the United States grand juries played a major role in public matters. During that period counties followed the traditional practice of requiring all decisions be made by at least 12 of the grand jurors, so that for a size of 23 a bare majority would be 12. Any citizen could bring a matter before it directly, from a public work that needed repair, to a delinquent official, to a complaint of a crime, and they could conduct their own investigations. In that era most criminal prosecutions were conducted by private parties, either a law enforcement officer, a lawyer hired by a crime victim or his family, or even by laymen, who could bring a bill of indictment to the grand jury, and if the grand jury found there was sufficient evidence for a trial, that the act was a crime under law, and that the court had jurisdiction, then by returning the indictment to the complainant, it appointed him to exercise the authority of an attorney general, that is, one having a general power of attorney to represent the state in the case. The grand jury [also] served to screen out incompetent or malicious prosecutions.

Grand juries are today virtually unknown OUTSIDE the United States. Today approximately half of the states in the U.S. employ them. A grand jury is meant to be part of the system of checks and balances. A prosecutor must convince the grand jury, an impartial panel of ordinary citizens, that there exists reasonable suspicion, probable cause, or a prima facie case that a crime has been committed. The grand jury can compel witnesses to testify before them. Unlike the trial itself, the grand jury’s proceedings are secret; the defendant and his or her counsel are generally not present for other witnesses’ testimony. The grand jury’s decision is either a “true bill” (meaning that there is a case to answer), or “no true bill”.

Gran Juries at the Federal level:

Charges involving “capital or infamous crimes” under federal jurisdiction must be presented to a grand jury, under the Fifth Amendment to the United States Constitution.


20 posted on 02/23/2010 12:37:14 AM PST by BIOCHEMKY (I love liberty more than I hate war.)
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