"Runaway" Grand Juries vs. The Runaway Stateby Mark S. McGrew
The fifth amendment of the US Constitution states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on the presentment or indictment of a Grand Jury.”
So who or what is a Grand Jury?
Most Americans, including most Judges, most prosecutors and most lawyers think a Grand Jury is a function of the government, at the whim of the government, under the control and direction of the government. However, this is constitutionally false and always has been.
Americans are educated to believe that America has three branches of government: The Judicial, The Legislative and the Executive and that is they who decide our lives. This also is false. There is a Constitutional force which has power, authority and dominance over those three branches.
That is the The Grand Jury of We the People. The Grand Jury was intended to give the people of the United States of America total control over a potentially corrupt government and to enable prosecution of corrupt or criminal government officials, agents and employees, whether they were elected, hired or appointed.
The Constitution of The United States of America was created and designed to give the individual or collective people of America the power to tell the government what to do. The government, including the president of the country has no rights to make Americans do anything that is not permitted by or is contrary to our Constitution. The US Constitution especially has no provision for an illegal alien to be our president and pass laws that we do not permit or condone.
United States Supreme Court Justice Antonin Scalia ruled in the case of United States vs. Williams, 504 U.S. 36 at 48 (1992):
Rooted in long centuries of Anglo-American history, Hannah v. Larche, 363 US 420, 490 (1960) with J. Frankfurter 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 three branches described in the first three Articles. It is a constitutional fixture in its own right.
To be crystal clear: The Grand Jury is a constitutional fixture in its own right. The Grand Jury is not a tool of government to use against its citizens. Justice Scalia determined further, to reinforce that there is no question as to the purpose of the Grand Jury:
In fact, the whole theory of its foundation is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between Government and the people. 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 Grand Jury has generally been confined to the constitutive one of calling the Grand Jurors together and administering their oath of office.
Besides providing for society to charge individual people for crimes, the Grand Jury is a tool for the citizens to use against a criminal government or our government acting against the designs of our Constitution. And it was specifically designed to prosecute the criminal actions of government employees and their lawyers.
Any judge who tells a jury to “disregard that remark or disregard that evidence” is violating the US Constitution and can and should be indicted by a Common Law Grand Jury.
Any Congressperson, Senator, Governor or police officer who violates the constitution can and should be indicted by a Common Law Grand Jury, without the advice, consent, permission or interference of any government employee.
This is why America has always been promoted as a land where no man is above the law, including the President.
However, in 1946, certain people hijacked the role of our Grand Jury and the courtroom jury and henceforth, embarked on a mission of misinformation, distortions, and blatant lies to convince the American people and the entire legal community, that it is the government that determines what is right and what is wrong inthe actions of the government or of any elected government officials, employees or agents.
In an article in the Creighton Law Review, Volume 33. number 4, 1999-2000, Roger Roots, Juris Doctorate wrote:
In addition to its traditional role of screening criminal cases for prosecution, common law grand juries had the power to exclude prosecutors from their presence at any time and to investigate public officials without government influence. These fundamental powers allowed grand juries to serve a vital function of oversight upon the government. The function of a grand jury to ferret out government corruption was the primary purpose of the grand jury system in ages past.
Judges and prosecutors and attorneys began using the phrase “runaway grand jury” to create ridicule and scorn upon a jury that chose to think for themselves, which is the Constitutional Right of any jury. Roger Roots continues:
A runaway grand jury, loosely defined as a grand jury which resists the accusatory choices of a government prosecutor, has been virtually eliminated by modern criminal procedure. Today’s ‘runaway’ grand jury is in fact, the common law grand jury of the past. Prior to the emergence of governmental prosecution as the standard model for American criminal justice, all grand juries were in fact runaways, according to the definition of modern times. They operated as completely independent, self-directing bodies of inquisitors, with power to pursue unlawful conduct to its very source, including the government itself.
In 1946, The Federal Rules of Criminal Procedure were adopted. In those procedures, they made a rule to punish runaway grand juries. Rule 6(g): “At any time for cause shown, the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in place of the juror excused.”
Now judges could throw anyone off a grand jury, or even dis-impanel a grand jury entirely, merely for exercising its own discretion and not doing what the court or prosecutor tells them to do.
All laws in America, whether federal, state, county, or city must conform to the framework of the United States Constitution. Laws can be illegal, and many laws are illegal. Rules are not even laws and have no authority if attached to a source that is not in line with the US Constitution. Law, rules, orders, methods of the government that do not conform to the US Constitution are considered “Fruit from the poison tree” and if challenged as such, and proven not to be Constitutional in nature, must be unenforceable.
Rule 7 of the Federal Rules of Criminal Procedure has an added “Note 4” which directly conflicts with, ignores and willfully violates the fifth amendment of the US Constitution which states clearly: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on the presentment or indictment of a Grand Jury.”
Note 4 of Rule 7 states: “Presentment is not included as an additional type of formal accusation, since presentments as a method of instituting prosecutions are obsolete, at least as concerns the Federal courts.” They rewrote the US Constitution to suit their own purposes.
There are only two ways that the US Constitution can be changed:
Method 1: A minimum of two thirds of the US House of Representatives AND a minimum of two thirds of the US Senate must agree on a proposed change to the Constitution, AND then a minimum of three quarters (38 of the current 50) of the state legislatures OR state conventions must agree to every word, comma, and period of the proposed change to the Constitution. Passage in the state legislatures is by simple majority in the state House AND in the state Senate. Passage in the state conventions is also by simple majority. Typically, a time limit of seven years is imposed for ratification, after which the proposal expires, worthless. This is the only method that has been used to date. The requirement for a state convention has been specified only once.
Method 2: A minimum of two thirds of the state legislatures (34 of the current 50), House AND Senate, must call for a Constitutional Convention. The convention proposes one or more amendments, which must then be approved by simple majority by a minimum of three quarters of the state legislatures (House AND Senate) OR by a minimum of three quarters of the state conventions. This method has never been used.
Most certainly a bunch of crooked lawyers writing their own rules to corrupt the jury system can not override the US Constitution.
But they did.
And, as Susan Brenner wrote in The Voice of the Community: A Case for Jury Independence, “Now, federal grand jurors cannot return charges in the form of an indictment without a prosecutor’s consent.”
If a grand jury and a courtroom jury have to do only what the judge and prosecutor say, and a prosecutor can refuse to indict and charge a politician or another lawyer, what is the reason to have any jury? Only to perpetuate a myth that Americans live under a system where no man is above the law. There is no other reason.
As the American judicial system now operates, judges and prosecutors can pick and choose who they send to prison. And they guarantee that they and their friends can go on with their criminal behavior unmolested.
The American Juror published a commentary regarding Note 4 of Rule 7: [Retaining the constitutional right of grand juries to determine evidence and witnesses] might encourage the use of the run-away grand jury as the grand jury could act from their own knowledge or observation and not only from charges made by the United States Attorney (Prosecutor).”
So, the American government employees took the bold step to violate the US Constitution on a continuing, repeated basis and gave defendants a “jury of their peers” that would and could, only nod to the prosecutor and judge and say only, “Yes sir. No sir. You’re right sir. Whatever you say, sir.”
This kind of behavior was outlawed in the year 1215 by the English Magna Carta, which the founders of the United States of American adopted as their basis for how Americans were going to live and be treated by the government that they would employ.
The authors of the Federal Rules of Criminal Procedure are the true criminals and should have been dragged out of their homes and hanged from the nearest tree.
Now, sixty-three years later, the American people are fed up with the treasonous acts of their government employees and their rigged courts. And they have found a way to rid this country of the “domestic enemies” that our Constitution warned us to be prepared for.
The site, http://americangrandjury.org/ explains the process and how to form a constitutionally acceptable Common Law Grand Jury and bring presentments or indictments in any location in America and begin prosecuting corrupt government employees, at any level of government. No longer should they be referred to as officials or agents. They are our employees and if they do not want to respect that, they need to find a friendly third world country to live in.
Mr. Carl Swensson of the State of Georgia successfully organized a Common Law Grand Jury and that Grand Jury reviewed evidence against Barry Soetoro, AKA Barack Obama and is recommending an indictment. The US Attorney, who was presented with that recommendation, has refused to discuss it by saying, “We only deal with lawyers.” The Attorney General’s office of the State of Georgia has also been presented with that recommendation and has also refused, saying, “We don’t represent citizens.”
Everyone should call US Federal Attorney, David Nahmias at 404-581-6000 or fax him at 404-581-6181 and tell him to do his job. Every person should also call the State of Georgia Attorney General’s office and ask Lilly Thomas why she thinks the Attorney General does not represent citizens and who do they represent. Her number is 404-656-3300.
On Mr. Swensson’s website at www.RiseUpForAmerica.com you can see the process he went through, to organize a Common Law Grand Jury.
You will also find that Common Law Grand Juries in Kentucky, Indiana, and Ohio also have seen the evidence and are making a presentment to charge the illegal alien Barry Soetoro AKA Barack Obama. More Common Law Grand Juries across American are being scheduled as of this writing.
A two hour Internet radio broadcast on April 9, 2009 has Carl Swensson of www.RiseUpForAmerica.com, Bob Campbell of http://americangrandjury.org and the spokesman for American Grand Jury, Sam Sewell explaining the Grand Jury actions against Obama, how Grand Juries can be used to rid local communities of corrupt government employees, and how citizens can form their own Common Law Grand Jury groups. That broadcast can be listened to or downloaded at this site:
http://www.blogtalkradio.com/Sentinel_Radio/2009/04/10/The-Mark-S-McGrew-Show Please allow a few minutes for this show to start playing.
American people are uniting, from the Atlantic Ocean to the Pacific Ocean in the form of “Tea Parties” named after the Boston Tea Party demands of “No Taxation Without Representation” in the year 1773, which helped start the American Revolutionary War with England in 1775. Tea parties are being held for people to object to unconstitutional government acts, taxes and loss of freedoms.
In less than 30 days, demonstrations have been organized and are scheduled in 2,000 communities, starting April 15, 2009. Anyone can find information on where Tea Parties are being held or how to form your own Tea Party at http://www.freedomworks.org/.
Something World leaders had better understand and understand well: Obama and his mentally deranged friends are not going to destroy America any more than countless other socialist fascist fanatics have tried in the past.
If World leaders want to keep their jobs and keep their nations’ economies intact, they would be smart to drop Obama like a hot potato. Obama and his backers are pulling a giant scam on the rest of the World, just as they have on American voters.
Americans have wised up. It is only the major media that keeps pounding the drums of the Obama lie. Ask yourselves a question: Why are many of America’s major newspapers that have been in business for over 100 years, filing for bankruptcy and closing every week? If you believe, as major news tell us, that the reason is lowered advertising revenue and more people getting their news from the Internet, you’re hallucinating. The real reason is because Americans are thoroughly fed up with the lies, the slanders, the politically correct brain vomit that major news pours out and their astounding absolute refusal to portray any semblance of the truth.
Nothing Obama does will continue. Everything he does will be retracted by a very near future administration.
One thing that is certain, of all that can be observed about the current Obama administration, corporate executive friends of Obama, and the American judicial system: Whether in the boardroom, the courtroom or the bathroom, scum sticks together. When the scum is annoying enough, it is scrubbed, cleaned and thrown in the trash. That’s why people have cleansers and society has prisons.
World leaders are making a very dangerous mistake to think that we, the people of America are not making preparations for cleaning house. This house belongs to us, not a gang of decrepit, senile old men, pursuing a useless fantasy of a New World Order that has a 2,000 year history of abject failure.
Here’s your first clue: The very first line of the US Constitution says, “We the people… establish this Constitution”.
Mark S. McGrew may be reached at McGrewMX@aol.com
The views and statements expressed by Investigating Obama contributors, and in quotations and citations, are their own and do not necessarily reflect the position of Investigating Obama and Arlen Williams.
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