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To: Nero Germanicus

“What you have mentioned are CRIMES not civil suit evidence. Alleged crimes are dealt with in the criminal justice system via a law enforcement investigation, a grand jury investigation, indictments and a criminal trial.”

You would have the readers here believe that trial by jury is reserved only for the Rules of Criminal Procedure, which is a false and deceptive misrepresentation of the facts. The Seventh Amendment of the Constitution of the United States of America mandates the right of trial by jury regardless of whether the case is subject to the Rules of Criminal Procedure or the Rules of Civil Procedure. The same Seventh Amendment to the U.S. Constitution also mandates the right to trial by jury whether it the court of law is a Federal or a State court. Rule 38 of the Federal Rules of Civil Procedure provides for the right in cases involving more than twenty dollars and describes elsewise what does and does not justify the right to trail by jury. Some of the court hearings were administrative in nature and did not invoke the right to trial by jury. However, even those cases in which a trial by jury was authorized by constitutional law, the Federal and State courts arguably an arbitrarily dismissed the cases improperly and perhaps unlawfully.

“The state of Hawaii has said on eight separate occasions that it has Barack Obama’s ORIGINAL Certificate of Live Birth on file. it would have been good if someone had ever called their bluff. A judge’s court order or a congressional subpoena were the way to do that.”

It has been tried in a number of ways by a number of parties. Wolf v. Fuddy, No. 1CC11-1-002276 (Haw. 1st Cir. Ct. Sept. 30, 2011) for example was dismissed like so many other cases with the judge using arguably illegitimate legal excuses. The Maricopa County, Arizona, Sheriff’s Department undertook an ostensibly lawful criminal investigation which was arguably met with actions amounting to obstruction of justice by the Hawaii Department of Health and then aided and abetted by the Hawaiian courts.

“Here’s one of the eight:”

Governor Linda Lingle (R-HI) acted with obvious incompetence and was associated with McCain, who was also ineligible and a participant in the unconstitutional acts.


202 posted on 08/17/2015 5:30:14 PM PDT by WhiskeyX
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To: WhiskeyX

What I was suggesting was ONLY that I would like a jury panel composed of citizens to be able to take a look at the evidnce. Over the last seven years, that has never happened. No Grand Juries and no trials by jury.

Bill Montgomery, the County Attorney in Maricopa County, Arizona, where the Cold Case Posse has operated would have been ideal but he has said that there wasn’t sufficient evidence for him to convene a Grand Jury but if new evidence was ever uncovered, he was willing to get involved.

In 2012, County Attorney Montgomery wrote the following letter to Brian Reilly of the Surprise, Arizona Tea Party, the man who convinced Sheriif Arpaio to convene a Cold Case Posse on Obama’s eligibility:

Dear Mr. Reilly,
Thank you for taking the time to write and for the concerns you have expressed. There are a couple of points of analysis, though, in determining whether a criminal charge can be filed, regardless of the charge or who the suspect might be. The first is whether I have jurisdiction over the case. That requires that some conduct had to have occurred in Maricopa County for me to have jurisdiction. From the Sheriff’s Office investigation into suspect documents produced by the White House to date, that investigation has not revealed any evidence that conduct occurred in Maricopa County. I have discussed this with the Sheriff. As for any issues regarding qualifications or information provided regarding the Presidential Election itself, that is a statewide election. Under Arizona law, the Secretary of State and the Attorney General have jurisdiction over statewide elections. I do not.

I will share with you, as well, that the criminal statute you cited in your message requires additional evidence that the MCSO investigation to date has not uncovered. Specifically, we would need evidence to affirmatively prove that Mr. Obama is not a US citizen. To date, there has been evidence presented leading to speculation that documents have been forged and other documents do not exist. That alone, though, is not sufficient evidence to present to a grand jury and actually have a reasonable likelihood of conviction. I cannot speak for other prosecutors at the state level around the rest of the country or for prosecutors at the federal level but Arizona’s ethics rules do not permit prosecutors to file a charge they can only hope to be able to prove beyond a reasonable doubt at a later stage.

I stand ready and willing, however, to review any case submitted for charges and, if the evidence is there, I will prosecute regardless of who the suspect/defendant may be.
Sincerely,
Bill Montgomery
Maricopa County Attorney
http://www.obamareleaseyourrecords.com/2013/05/maricopa-county-attorneys-office-reply.html


208 posted on 08/17/2015 6:07:45 PM PDT by Nero Germanicus
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To: WhiskeyX

One of the many reasons that I have favored a congressional investigation to get to the bottom of the eligibility question is because of congressional subpoena power which we see in its full glory regarding Hillary Clinton’s email server.
The law of the land, 2 U.S.C. Section 194 provides that “every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce papers upon any matter under inquiry before either House, or any Joint Committee established by a joint or concurrent resolution of two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $1000 nor less than $100 and imprisonment in a common jail for not less than one month nor more than 12 months.”
It would be great to have a congressional Committee chairperson subpoena the original vault copy birth certificate and have Hawaii Department of Health officials testify under oath on the release of copies of that document to Barack Obama.


212 posted on 08/17/2015 6:54:45 PM PDT by Nero Germanicus
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