The Grand Jury Answer for corruption in Government in America

The powers that be don't want you to know this!
They fear that if you know this you will throw them in jail for breaking their oath of office, to the US Constitution.

Just to make sure you understand this, the following is a Supreme Court Justice writing the majority opinion for a case from 1992 that throws out the notion that a Grand Jury is part of government or any branch thereof. It's NOT. The Grand Jury belongs to We the People. No prosecutor or judge has control over a Grand Jury once properly called, and no body of government can stop the people from calling one, regardless of code, statute, or even a Constitution of a State. Why?  Because when the states became states they accepted the US Constitution as it is below explained.
Paul

United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992)
http://www.law.cornell.edu/supremecourt/text/504/36


NEW YORK IS “GROUND ZERO” - Major grassroots movement in 48 States, Constituting Common Law Grand Juries. In a stunning six to three, 1992 Decision that went unnoticed, until now, Justice Antonin Scalia writing for the majority said:

In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992), Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government "governed" and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights, the acts of the Grand Jury is the consent of the people.
“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. 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”. -- Justice Antonin Scalia
“Thus, citizens have the unbridled right to empanel their own grand juries and present "True Bills" of indictment to a court, which is then required to commence a criminal proceeding. Our Founding Fathers presciently thereby created a "buffer" the people may rely upon for justice, when public officials, including judges, criminally violate the law.” --
Justice Antonin Scalia
“The grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such "supervisory" judicial authority exists. The "common law" of the Fifth
Amendment demands a traditional functioning grand jury.” -- Justice Antonin Scalia
“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. The grand jury's functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised.”
-- Justice Antonin Scalia
“The grand jury 'can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not.' It need not identify the offender it suspects, or even "the precise nature of the offense" it is investigating.
The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally operates without the interference of a presiding judge. It swears in its own witnesses and deliberates in total secrecy.” -
- Justice Antonin Scalia
“Recognizing this tradition of independence, we have said the 5th Amendment's constitutional guarantee presupposes an investigative body 'acting independently of either prosecuting attorney or judge” -- Justice Antonin Scalia
“Given the grand jury's operational separateness from its constituting court, it should come as no surprise that we have been reluctant to invoke the judicial supervisory power as a basis for prescribing modes of grand jury procedure. Over the years, we have received many requests to exercise supervision over the grand jury's evidence-taking process, but we have refused them all. "it would run counter to the whole history of the grand jury institution" to permit an indictment to be challenged "on the ground that there was incompetent or inadequate evidence before the grand jury." -- Justice
Antonin Scalia

_______________________

This is the answer folks. This is the way to stop Obama, and every unlawful breach of oath of office in the entire country WITHOUT BLOODSHED. 
You already have these rights and powers. You don't need to spend any money, or elect new people to office, or pass any new laws, and whatever contradicts this is NULL AND VOID even if it's written in code or statute or even a state constitution like in Montana.

Here is the basis for that:

"All laws which are repugnant to the Constitution are null and void." Marbury Vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803). "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda Vs. Arizona, 384 US 436 p. 491. " An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton Vs. Shelby County 118 US 425 p. 442

We don't have to beg these corrupt lawyers and government officials to let us investigate them!

The supreme court says so. WE OWN THE GRAND JURY!

http://www.paulstramer.net/2012/11/what-is-really-law-and-what-is-not-law.html

More will be coming on this subject, and I invite you to comment below. Just click where it says comments.

The most important Bill in Montana this session!

Fully Informed Jury Bill  HB - 332  Most important bill of this session bar none!

Full Text Here:

 http://data.opi.mt.gov/bills/2011/billpdf/HB0332.pdf

 

or here:  http://data.opi.mt.gov/bills/2011/billhtml/HB0332.htm

 

This is one of the most, if not THE most important bill to be introduced this session.

Why?  Because we are always told that if we don't like what government is doing we can just "vote them out" in the next election.

How many of you believe that really works? Don't you feel mostly helpless after voting? The judges know that.

 

How many of us were NOT told that we have actually 3 votes in our system of government, and that We the People are on the TOP of the order of government under our creator?

 

What are those votes?

1. The Ballot box

2. The Grand Jury box

3. The Trial Jury box

Some might add a 4th:  The Cartridge Box

 

We must understand that to protect our rights and the rights of our fellow residents of this state and our counties we DO NOT need to elect any candidates, or pass any huge volume of laws, or spend a lot of money, or create any huge campaigns.

All we need to do is use what is already within our power. All we need to do is make sure that everyone understands the power we already have above. The jurors during prohibition understood this and refused to convict and the law was removed.

 

If you have never seen any explanation of these principles already embodied in our history and laws then you need to go to http://www.redwhiteandbluebox.com/ and get the video called "The Fully Informed Jury" by Montana's own Martin "Red" Beckman.

You can also watch this on our website in Youtube sections here:  http://www.lincolncountywatch.org/jury.html

 

Some judges and some prosecutors are going to scream bloody murder over this bill. They don't want the juries to know their power because the jurors will then not be under the power of manipulation of government agents. Think about it. Judges get paid by who?

 

Knowledge is power, and knowing the truth is the only real knowledge.  Know the truth about your right to judge the law as well as the facts in any case you are called to be a juror on. Even without this new code you have the power to do all these things, but this will make it mandatory that judges and prosecutors make sure you actually understand your rights as jurors. This is the 4th check and balance in our system of government and it always was there, but we have been hoodwinked into believing we don't have it.

Call me for more information at 800 889 2839 

You can go to our Jury rights website and get our newsletter on these subjects and download your Jury Rights handbook here: http://www.juryrights.info/  There is no charge.

Paul Stramer

 

Support this bill by sending this letter to every member of the committee and everyone you know in Montana and ask them to do the same. Get their addresses at the bottom of this letter.

--------------------

 

After shaking the shields over the opposition to SB-114, the Sheriffs First bill, coming right up is a very supportive bill which will hand the people's judicial power back over to the people themselves, where it should have remained all these years since the founding. This is the bill to liberate the 12-person Jury with the full power to judge the law as well as the facts in a courtroom trial, and this bill can deepen Montana's claim to autonomous sovereignty. Roger Roots, attorney, is a member in leadership at the Fully Informed Jury Association. Attorney Roots has written Montana's "Fully Informed Jury" bill, House Bill - 332.


A couple of lines from that bill -

(1) The legislature recognizes that the authority for trial jurors to judge the law as well as the facts provides protection for freedom and is consistent with the historic intent for the right to jury trial and that jurors may not be prevented from, punished for, or excluded for knowing about or exercising this historic prerogative.

(2) In all jury trials, the parties have the right to argue to the jurors that a law is unconstitutional, is unconstitutional as applied, or should be nullified for any other reason. Upon request by a party, the court in any jury trial shall inform the jurors that the jurors may judge both the facts and the law in the case. Denial of the instruction is reversible error.

(3) In all criminal trials, the court shall inform the jurors that the jurors may vote their conscience to acquit an accused in spite of technical guilt. Denial of the instruction is reversible error.

HB-332 will ensure those aspects of our self-governance are protected more than ever in Montana code.


Montana's liberty leadership is gaining a fine momentum. Here is some ammo for our side in the battle for freedom. Details for the hearing Wednesday, February 02, 2011, are at bottom of article. My salute to Dr. Ed Berry of PolyMontana for the venue.


http://polymontana.com/2011/01/31/the-first-branch-and-hb-332/


Support Oath Keepers. With your help we'll get 'er done!  Join us.    www.oathkeepers.org/


Salute!

Elias

--

Heirs to self knowledge shed gently their fears.

Judiciary

Meets Monday-Friday, 8 a.m., Room 137

Chair: Ken Peterson (R-Billings) kenneth59@bresnan.net

Vice Chair: Krayton Kerns (R-Laurel) krayton@kraytonkerns.org

Vice Chair: Diane Sands (D-Missoula) repdianesands@gmail.com

Liz Bangerter (R-Helena) liz@lizb4house.com

Robyn Driscoll (D-Billings) rdriscoll@peoplepc.com

Kristin Hansen (R-Havre) krishansen33@gmail.com

Bill Harris (R-Mosby) bharris@midrivers.com

Ellie Boldman Hill (D-Missoula) elliehillhd94@gmail.com

David Howard (R-Park City) d.howard@usadig.com

Cleve Loney (R-Great Falls) cloney@q.com

Margaret MacDonald (D-Billings) macmargaret@gmail.com

Mike Menahan (D-Helena) mikemenahan@yahoo.com

Michael More (R-Gallatin Gateway) mp_more@yahoo.com

Jesse O'Hara (R-Great Falls) jesse59404@yahoo.com

Carolyn Pease-Lopez (D-Billings) cpease-lopez-hd42@mt.gov

Joe Read (R-Ronan) jrdemob@yahoo.com

Keith Regier (R-Kalispell) kregier@centurytel.net

Dan Skattum (R-Livingston) skattumd@wispwest.net

Bob Wagner (R-Harrison) bobwagner4leg@yahoo.com

Wendy Warburton (R-Havre) wendywarburton@gmail.com

Staff: David Niss, 406-444-4410

Secretary: Karen Armstrong, 406-444-4607

LEGAL NOTICE: The Authors specifically invoke the First Amendment rights of freedom of speech and of the press, without prejudice (UCC 1-308), in this email. The information posted here is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America. Images, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this email may be reproduced unless by written consent. You hereby have written consent to post any individual post from this email containing this copyright to any other blog or email only if you post the whole and unaltered article including this copyright, and give proper credit to the author, and a link back to our blog at http://www.paulstramer.net/. This applies only to articles written by Paul Stramer. ©2005-2011 by Montana Business Communications (PDS) All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced ©

 

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/

LEGAL NOTICE: The Authors specifically invoke the First Amendment rights of freedom of speech and of the press, without prejudice, on this website. The information posted on this website is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America. Images, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this website may be reproduced unless by written consent. You hereby have written consent to post any individual post from this website containing this copyright to any other blog or email only if you post the whole and unaltered article including this copyright, and give proper credit to the author, and a link back to this blog at http://www.paulstramer.net/. This applies only to articles written by Paul Stramer. ©2005-2009 by Montana Business Communications (PDS) All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced © The videos are third party and not covered by this legal notice.

Juries can stop runaway government. You have the power.

Fully Informed Jury Association

The primary function of the independent juror is not, as many think, to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from tyrannical abuses of power by government.

The Constitution guarantees you the right to trial by jury. This means that government must bring its case before a jury of The People if government wants to deprive any person of life, liberty, or property. Jurors can say no to government tyranny by refusing to convict.
On the Grand Jury

Juror’s Handbook

Current State Constitutional Authority for Jury Veto

If You Are Called For Jury Duty

If You Are Facing Charges

The FIJA mission is to educate Americans regarding their full powers as jurors, including their ability to rely on personal conscience, to judge the merit of the law and its application, and to nullify bad law, when necessary for justice, by finding for the defendant.

The Fully Informed Jury Association(FIJA)is a nonpartisan public policy research and education organization located in Helena, Montana. FIJA focuses on issues involving the role of the jury in our justice system and the preservation of the full function of the jury as the final arbiter in our courts of law. The FIJA mission is to inform all Americans about their rights, powers and responsibilities when serving as trial jurors. FIJA works to restore the political function of the jury as the final check and balance on our American system of government.

To assist supporters who press for a “fully informed jury,” FIJA has drafted the following model bill language suitable for passage into law or for amending a state constitution:

Read more here:
http://fija.org/about/fijas-purpose/

In Conservative Circles, Calls for ‘Citizen Grand Juries’ Grow

In an article in the Flathead Beacon on December 9th by Dan Testa

Flathead “Freedom Action Rally” group studying the issue.




Earlier this year, protesters hold signs during a Tax Day Tea Party protest on north Main Street in Kalispell. - File photo by Lido Vizzutti/Flathead Beacon

The idea of changing state law, or the state Constitution, to allow citizens to convene grand juries in their counties appears to be gathering steam in some conservative circles of Western Montana. The concept would allow citizens to summon juries comprised of members of the public to investigate alleged crimes – not just judges, as is the case currently.

Read this article by Dan Testa of the Flathead Beacon here:
http://www.flatheadbeacon.com/articles/article/in_conservative_circles_calls_for_citizen_grand_juries_grow/14634/

I have only two comments to make about what is covered in this article.
1. Dan Testa seems to be a fairly unbiased reporter. His coverage seems to be acurate and he gives both sides the chance to make their case before he writes his articles.

2. It is my opinion that those who would oppose the idea of a standing citizens grand jury, should be the very first to be investigated by a Grand Jury.  If one has nothing to hide why should one fear a Grand Jury? It certainly would be no worse to be questioned by the Grand Jury, than it would be to be hauled into a JP court and accused of wrongdoing where the accuser has no obligation to provide any proof of their accusations, or witnesses, or photos, or afidavits, before being given an order of protection on their sayso only.  Those are the kinds of people who need to be investigated. People who ruin others lives with unfounded accusations, and judges who abuse their power by going along, and issuing orders without supporting evidence.  There is so much abuse going on in the courts now that there can be NO Justice found there, Grand Juries must be convened and investigate, and subpoena, and make presentments, and hold agents of governments, and judges, and law enforement officers accountable to their oath of office to support and defend the Constitution, thereby protecting people's God given rights.

Petit Juries (trial juries) must also be informed as to their ability to nullify bad law, or refuse to apply bad law in a particular case.
For more information on Juries go here: http://fija.org/
For more info on the national American Grand Jury go here:  http://americangrandjury.org/

LEGAL NOTICE: The Authors specifically invoke the First Amendment rights of freedom of speech and of the press, without prejudice, on this website. The information posted on this website is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America. Images, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this website may be reproduced unless by written consent. You hereby have written consent to post any individual post from this website containing this copyright to any other blog or email only if you post the whole and unaltered article including this copyright, and give proper credit to the author, and a link back to this blog at http://www.paulstramer.net/. This applies only to articles written by Paul Stramer. ©2005-2009 by Montana Business Communications (PDS) All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced © The videos are third party and not covered by this legal notice.

Grand Jury solution to government persecution of the people!

On the Grand Jury

Fully Informed Jury Association
Post Office Box 5570 Helena, MT 59604-5570 1-800-TEL-JURY
http://www.fija.org/
http://www.fija.org/docs/JG_on_the_grand_jury.pdf

The U.S. Attorneys Manual states that prosecutors “must recognize that the grand jury is an independent body, whose functions include not only the investigation of crime and the initiation of criminal prosecution but also the protection of the citizenry from unfounded criminal charges” (USAM, Section 9-11.010). The Manual recognizes that targets of investigations have the right and can “request or demand the opportunity to tell the grand jury their side of the story” (USAM, Section 9-11.152).

The Supreme Court states that the independent grand jury’s purpose is not only to investigate possible criminal conduct, but to act as a “protector of citizens against arbitrary and oppressive governmental action,” and to perform its functions, the independent grand jury “deliberates in secret and may determine alone the course of its inquiry” (United States v. Calandra, 414 U.S. 338 (1974)).

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)).

The independent grand jury is described as “a body with powers of investigation and inquisition, the scope of whose inquiries is not to be limited narrowly by questions of propriety or forecasts of the probable result of the investigation” (Branzburg v. Hayes, 408 U.S. 665 (1972)). “Without thorough and effective investigation, the grand jury would be unable either to ferret out crimes deserving of prosecution, or to screen out charges not warranting prosecution.” (U.S. v. Sells Engineering, 463 U.S. 418 (1983)

For more visit  http://www.fija.org/
For this article as a PDF file :  http://www.fija.org/docs/JG_on_the_grand_jury.pdf

Update on the Montana Grand Jury!

Put the teeth back in our system of government as a first check and balance against abuse of the people by elected and appointed officials including Sheriffs, Justices of the Peace, and all the Judiciary or any other person getting a paycheck from government who has sworn an oath to obey, protect, and defend the Constitution against all enemies, foreign and DOMESTIC.
Only those who have something to hide would oppose this Grand Jury.
Paul Stramer
*****************************
Read this followup article on the Montana Grand Jury.
November 10, 2009
The Office of Montana’s Secretary of State Has Accepted a Draft Ballot Initiative Seeking to Provide the Citizens of Montana the Ability to Summon Grand Juries By Petition

Stevensville, Montana, November 10, 2009 – The office of Montana’s Secretary of State (SOS) in Helena has accepted a ballot initiative, to be reviewed by the office of Legislative Services. This is the beginning stage of placing the initiative on the 2010 general election ballot.
This initiative has been labeled ‘Ballot Issue #18’ by the SOS, and is a Constitutional Initiative (CI), seeking to amend Montana’s Constitution, providing for the ability of the citizens to summon Grand Juries by petition.
Currently, the Montana Constitution only provides that a District Judge, at their discretion, may summon a Grand Jury. Article II, Section 20, Paragraph 2 states: “A grand jury shall consist of eleven persons, of whom eight must concur to find an indictment. A grand jury shall be drawn and summoned only at the discretion and order of the district judge.”
Serving as a ‘check and balance’ for the Constitutional Republic known as the United States, the Founders had preserved for the citizens, the right and ability to assure that the public servants kept their activities in line with the intent of the Constitution, and its Bill of Rights, which were ratified on December 15, 1791. The term Grand Jury is mentioned only in the 5th amendment to the United States Constitution. It is meant to be a right retained by the people. It is a citizen function, not a government function, as the public has been lead to believe.
What do the courts have to say?

“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 Supreme Court states that the independent grand jury’s purpose is not only to investigate possible criminal conduct, but to act as a “protector of citizens against arbitrary and oppressive governmental action,” and to perform its functions; the independent grand jury “deliberates in secret and may determine alone the course of its inquiry.”
United States v. Calandra, 414 U.S. 338 (1974)

Article IV, Section 4 of The United States Constitution says: “The United States shall guarantee to every State in this Union a Republican Form of Government …” And, Montana is this form of government. As such, the Montana Constitution states in Section 1: “Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.”

And, in Section 2: “Self-government. The people have the exclusive right of governing themselves as a free, sovereign, and independent state. They may alter or abolish the constitution and form of government whenever they deem it necessary.”

The Founders’ intended for the sovereign citizens to ‘lend’ the public servants their specific duties. Among these is the preservation of constitutionally protected rights. The servants are not in a position, and do not have the ability to take away these sovereign, constitutionally secured rights and powers of the people.

Amending Montana’s Constitution as indicated will serve to restore the Founders’ intent, at the state level, regarding the position of, and political responsibilities required by, the citizenry.

Duane Sipe

See related articles here:
 http://montanagrandjury.wordpress.com/

 http://www.resistnet.com/group/montanaresistance/forum/topics/stevensville-man-proposes

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