Tuesday, April 14, 2009

Important Update! American Grand Jury Effort

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MY CONCLUSIONS ON QUESTIONS
ABOUT THE AUTHORITY
AND EFFICACY OF THE

AMERICAN GRAND JURY EFFORT

Even if the American Grand Jury were ignored, and deemed legally impotent, we can still expect an awakening powerful increase in awareness and outrage on the part of the citizens. Also, authorities who willfully ignore evidence of a crime are at risk of being considered co-conspirators in that crime, resulting in their possible indictment as co-conspirators.

It is very unlikely that not even one jurisdiction will take action on the indictment; all we need is one jurisdiction to order “Discovery.” The case against AKA is unique because it will be over in the discovery phase, as the first step in a criminal complaint. The goal of the project is to discover what Obama doesn’t want us to know, and why he doesn’t want us to know it. Our goal will be achieved without a trial.

Even if an independently convened Grand Jury is mistakenly seen as merely people assembling to exercise their Constitutional right to “redress their grievances,” that is no small thing. Hundreds of people in such “assemblies” will be examining evidence and presenting the results of their investigation to appropriate county, state, and federal authorities, some of whom will almost certainly form more conventional grand juries to indict AKA. Can one honestly surmise that there is not one prosecutor or judge in the entire nation who questions AKA’s eligibility to be President? Once the American Grand Jury presentments are made, it is likely that many prosecutors and judges will want a copy of the evidence.

The American Grand Jury organization with which I am affiliated is using recognized expert witnesses with a long professional history of forensic testimony. The guiding principles for the project are the usual protocols of epistemology, scientific methodology, and rules of evidence. .Any prosecutor or judge who ignores such evidence and testimony is risking being seen as a co-conspirator.

However, based on my understanding of the Constitution, I am not at all sure that Grand Juries need to be impaneled by a judge. The quotes below from two Chief Justices of the SCOTUS illustrate my point.

“ This government is acknowledged by all, to be one of enumerated powers.”
—Chief Justice Marshall in McCulloch v. Maryland”

“ We start with first principles. The Constitution creates a Federal Government of enumerated powers.”
—Chief Justice William Rehnquist in United States v. Lopez”

The specific, "enumerated" powers of Congress are spelled out in Article of I Section 8 the Constitution. There are twenty of them.

Because these powers are delegated from the people, they are the only legitimate powers Congress. But our Founding Fathers went further -- trying fervently to make enumerated powers so obvious that even a politician couldn't miss the point. They passed the Ninth and Tenth Amendments to shut the door to claims of additional power.

The important Constitutional question when considering the impaneling of these Constitutional Grand Juries is whether:
1) impaneling is a power and right of the people, or
2) are the people subject to Court approval?

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
…and…
“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.”

DC Downsizer Michael Mitchell of Alaska http://www.downsizedc.org/etp/campaigns/87 compiled this list of the enumerated powers of the government from Article I of the U.S. Constitution. These are all the powers that the Congress has.

1. Borrow money
2. Regulate commerce among the states
3. Regulate naturalization
4. Regulate bankruptcies
5. Coin money
6. Fix weights and standards
7. Punish counterfeiters
8. Establish post offices
9. Establish post roads
10. Record patents
11. Protect copyrights
12. Create federal courts
13. Punish pirates
14. Declare war
15. Raise an army
16. Provide a navy
17. Call up the militia
18. Organize the militia
19. Makes laws for Washington, DC
20. Make rules for the Army and Navy

And that's it!

Mitchell continues, "According to the 10th Amendment, all else is controlled by the states or the people."

Since Grand Jury is not on that list, the federal government has no authority over Grand Juries representing the fourth branch of government. While such a premise may require validation by a court decision, the only mention in the Constitution of Grand Jury is that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.”

My conclusion: It is very likely that the American Grand Jury effort will result in an indictment by a conventionally impaneled Grand Jury.

It is also likely that a SCOTUS decision will firmly establish that citizens can impanel Grand Juries without court approval or supervision.

After all, it is firmly established that, once impaneled, a Grand Jury is an independent entity, not subject to supervision or influence of judges or prosecutors. It is only a small step to validate that citizens can also empanel Grand Juries.

If the other three branches of the government are all involved in a conspiracy against the people, an independently impaneled Grand Jury as the fourth branch, as already empowered by the Constitution, is the best hope for our citizens.

1 comment:

Leo the Lawyer said...

This On-Line Grand Jury has excellent possibilities for gathering criminal information against Obama.

I urge EVERYONE to make copies of everything that they submit and also copies of all the evidence that is presented on-line.

Don't wait for someone to send it to you, MAKE COPIES OF ALL EVIDENCE as soon as you see it displayed On-Line.

Another GREAT SOURCE OF EVIDENCE IS:

http://www.defendourfreedoms.net/

www.DefendOurFreedoms.Net is the best source of Evidence that I have found on the web so far, but be aware that FREE SPEECH is allowed there, even Obots and Orly supporters are allowed to post on www.DefendOurFreedoms.Net, but don't let that bother you True Patriots the aforementioned are easily refuted.

Remember with over 3,000 chances to get a Judicially Convened Grand Jury to Indict Obama, the odds for success look very good.

ENJOY OUR CONSTITUTIONAL TEA PARTIES TODAY 4/15/09!

http://www.defendourfreedoms.net/

We Patriots have a Constitutional Right to voice our peaceful opposition to BO.

We Patriots have a Constitutional Right to assemble in Public Places to voice said opposition to BO.

We Patriots have a Constitutional Right to sue BO for our Grievances.

We Patriots have a Constitutional Right to present criminal information against BO to Law Enforcement Officials and Grand Juries.

I submit that we should do all these things and keep it up until BO is legally removed from our White House!