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.
There are more than 3100 counties and parishes in the United States and each has prosecutor who can seek indictments. Why not simply approach one who might be friendly to your cause and ask him to impanel a grand jury and seek an indictment?
There are more than 3100 counties and parishes in the United States and each has prosecutor who can seek indictments. Why not simply approach one who might be friendly to your cause and ask him to impanel a grand jury and seek an indictment?
Dr. Manning’s team is in the process of communicating with exactly these individuals. They have EACH been provided with the particulars of the hearings.
Think about Loving County, Texas.
Loving County has a population of 67 people of which 13 are under the age of 18.
Therefore, all you need to do is have 27 Birthers move to Loving County, register to vote and have a Birther run for Prosecutor.
The Birthers would have all the votes needed to elect the prosecutor and that prosecutor could impanel a legitimate grand jury and indict who ever they wish.
There is your simple answer, but I suspect that you will not be able to find 27 Birthers in the entire USA that would move to Loving County in order to get a real indictment of Obama.
“They have EACH been provided with the particulars of the hearings.”
And I am sure that each prosecutor will place Dr. Manning’s request right at the top of their agenda.
So I can declare myself a Grand Jury and wreak terror on the unworthy. Kewl.
I recall the days of self-appointed People’s Tribunals sitting in judgment on the “crimes” of Ronald Reagan and George Bush. I thought they were utter buffoons. But now FR “educates” me how Justice Scalia thinks they all the time were an independent arm of government.
Who’d have guessed, including Justice Scalia.
But won’t it get confusing when every action of every politician is declared a crime by some motley Grand Jury self-convened by the opposition ?
Convening fake grand juries is a fool's errand.
Bingo.
What happened to Lt Col. Walter Fitzpatrick’s USN Ret. Grand Jury Presentment Proceedings in Monroe County, Tennessee against Obama? We should have heard something by now.
I started a grand jury this week and we are going to indict Florence Henderson.
She knows why.
After Florence Henderson, my grand jury is going to indict my fourth grade teacher.
That report on leves deserved an A damnit.
Oh...yes....I will have my revenge at last.
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