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Monday, December 28, 2009

The Grand Jury, An Idea whose time has come.

Jay Stevens writes in the blog "Left in the West" trying to discredit the Grand Jury, which we will show has a very good history in the USA for many decades before it became controlled by prosecutors.
Here is his article:
http://leftinthewest.com/diary/3680/citizens-grand-jury-an-idea-whose-time-has-come

His article was prompted by Duane Sipe's article here:
http://montanaconservative.wordpress.com/2009/11/12/update-on-the-montana-grand-jury/

Mr. Stevens is right about one thing. "I know some among my circle of progressive friends are a little nervous about conservatives wanting to create a "citizen grand jury" for Montana,...."  Progressives are nervous about this proposal. Why is that?

They only need to be nervous if they have something to hide that would be unlawful. Otherwise they should welcome the chance to testify or maybe bring complaints to the Grand Jury. The Grand Jury is there to preserve the rule of law, and stop the rule by men sitting in positions of power, making the rules as they go.  The highest law that needs to be preserved is the Constitution FOR the United States.
“All laws which are repugnant to the Constitution are null and void.” Marbury vs. Madison 5 US (2 Cranch) 137, 174, 176, (1803)
The Constitution includes "privacy in their persons, papers, houses and effects".
Mr. Stevens evidently wants you to believe that a Grand Jury would make all your private business and personal information available to the public. Not true.

Here is a great explanation of the Grand Jury. http://www.fija.org/docs/JG_on_the_grand_jury.pdf
Is it the "protection of the citizenry from unfounded criminal charges” (USAM, Section 9-11.010)", part of the US Attorney's manual, that Mr. Stevens is objecting to?

An independent grand jury is to “stand between the prosecutor and the accused,” and to determine whether a charge is legitimate, or is “dictated by malice or personal ill will” (Hale v. Henkel, 201 U.S. 43 (1906)). The grand jury is to protect citizens against “hasty, malicious and oppressive persecution” and to insure that prosecutions are not “dictated by an intimidating power or by malice and personal ill will” (Wood v. Georgia, 370 U.S. 375 (1962)).

Mr. Stevens says "Heck! And you can present all kinds of weak evidence that makes the defendant look guilty in the court of public opinion!"

I ask, isn't that already happening in the justice courts?  I know of several JP court justices that seem to think an order of protection is the remedy for absolutely everything. They slam the gavel and issue an order that makes the responder look guilty of all kinds of crimes on just the sayso of the complainant without ever requiring the person complaining to provide any evidence, photos, afidavits, witnesses, or any proof whatsoever, and all this without benefit of any jury of their peers. These JP judges deny the respondent the ability to call any witnesses for the defense, or have any character witnesses in the courtroom. They "convict" the respondent on the spot of whatever they have been accused of by their own judgement alone. Then the sheriff will use that unsubstantiated order like they would use a conviction, to build a case for other and maybe unrelated charges, all trumped up to smear and defame their own political opponents, and destroy the lives of the accused, and now "convicted" by only a Judge's sayso.

This happens daily in Montana and all over the nation. There is no protection for the accused in this scenario whatsoever. What happened to "Innocent until proven guilty beyond a doubt"? The JP courts are not a court of record, so it's easy for the JP judges to simply deny any wrongdoing. And trying to get that order reviewed by a state district court is very expensive and time consuming, so much so that the respondent won't be able to do it. The JP judges know that. They count on it. They abuse their power and use it as a weapon to destroy their political opposition.

This is exactly the kind of abuse of power that the Grand Jury is designed to protect We the People from.

For a great and timely history of the power and use of the Grand Jury read this background:
http://americangrandjury.org/history_power.html

As I have said many times before, I will exhaust every lawful means of getting government back under the control of We the People. There is much corruption in government, especially in the Judiciary.
http://www.paulstramer.net/2009/09/when-is-it-time-to-fight.html

We the People can and must use every lawful means to eliminate this corruption if our children are to live in a free county and country, rather than a marxist democracy mob rule of men, making the rules as they go. Democracies never have worked for freedom anywhere throughout history. A Democracy will always lead to an Oligarchy (rule of the few) and loss of freedom. In short a Democracy is MOB RULE, and that is what we seem to have in American today especially in the judiciary. Over 2/3 of the people don't want health care. That is an undisputed fact even by the major media. In fact they don't talk about it. Where is the mechanism to bring the people who are shoving it down the American peoples throats to justice? Where is the remedy in justice for the little guy? It's in the Grand Jury and the petit (trial) jury.

"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 governmental 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."   Roger Roots, J.D.
If it's not a runaway, it's not a Real Grand Jury:
http://www.constitution.org/lrev/roots/runaway.htm
You have the right as a trial juror to judge of the law as well as the facts in any case you are on.
You already have that right. You don't have to lobby for it. You don't have to get any new laws passed.
You don't have to change the Constitution. You just have to understand and exercise your rights. You have to take command in the jury room, and educate your fellow jurors. You have to enforce the Constitution and nullify bad laws in the jury room. You have to uphold the God given "unalienable" natural laws expressed and protected by the Constitution in the jury room. It's your power, unless you give it away to the judge when he tells you that you don't have it. That is right. The judges abuse their power by saying you must take the law "the way I give it to you" in effect saying you are too stupid to understand it. This arrogance needs to be stopped and soon. In fact the most famous Judge to make this mistake was a signer of the Declaration of Independence, Samuel Chase. In the US v. Callender case attempted to rule that a jury could not decide the Constututionality of a law. It may have been partially by the following statement that he averted impeachment.
SAMUEL CHASE (Justice, U. S. Supreme Court and signer of the Declaration of Independence; in 1804): "The jury has the right to determine both the law and the facts."


See your jury rights here:
http://www.fija.org/docs/JG_state_language_on_jury_nullification.pdf

Read the Jury rights handbook here:
http://www.fija.org/docs/JG_Jurors_Handbook.pdf

Some people would like you to believe that the ordinary citizen is incapable of understanding these issues. Some would like you to believe you are too dumb to read these laws and make sense of them. They want your mind in a box of their own creation. You need to think outside their box, like the founders did.
You need to understand and exercise your rights guaranteed by the US Constitution. If you don't you will lose those God given and Constitutionally protected rights forever, for yourself and your posterity.

I choose to fight with the law first. We shall see later how unlawful and corrupt these "rule of men" people really are.  I say again. those who oppose this lawful idea of reviving the standing Grand Jury should be the first to be investigated. Without accusing them of anything, I would bet that many get a paycheck from some branch of government.

It seems that leftists don't want you to know these history lessons. It seems they don't want you to exercise your true power to stop corruption. So now it's up to you. You no longer can say "But what can we do about it?"

Paul Stramer
http://www.lincolncountywatch.org/

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ECONOMIC BAILOUT OVERWHELMINGLY DEFEATED BY ECONOMIC REGULATION

By Attorney Jonathan Emord

December 28, 2009
NewsWithViews.com

"The Obama Administration’s remedy for the economy is a bit like that of a confused physician who offers hemlock to end the suffering of a desperately ill patient. That remedy will stop the suffering but only at the expense of the patient’s life. Extreme expansion in government spending and regulation will eventually end what ails the free market but only because it will eliminate the free market altogether. What remains after a free market is no mystery, it is government everywhere, more regulation down to the minutest level, where all are servants of the state and where economic mediocrity is the rule and every incentive to invent, produce, and accumulate capital is obliterated. That is the modern equivalent of slavery, replacing a million competing titans of industry with one gargantuan combination of market control and law—the totalitarian state."

Read the entire article here:
http://www.newswithviews.com/Emord/jonathan111.htm
See his website here:  http://www.emord.com/

Jonathan W. Emord is an attorney who practices constitutional and administrative law before the federal courts and agencies. Congressman Ron Paul calls Jonathan “a hero of the health freedom revolution.” He has defeated the FDA in federal court a remarkable six times, four times on First Amendment grounds. He is the author of The Rise of Tyranny.