CAN CITIZENS FORM THEIR OWN GRAND JURY AND INDICT POLITICIANS FOR CRIMINAL BEHAVIOR

By Jim Frazier

An organization called the “American Grand Jury.org” has convened a Grand Jury and indicted President Obama for the crime of treason. Will their indictment be acknowledged in a U.S. District court of law? Are common citizens able to indict an elected official?

“Yes,” says Hal Von Luebbert,” author of “Citizen Power Now.” “The US government has no power to bring anyone to trial. The government can NOT find any person guilty of anything. Both of those powers belong to The People through use of a jury.”

The U.S. Attorney’s office in Colorado does not agree.  “I don’t think any citizen- convened Grand Jury has power to be enforced in a court of law,” said Jeff Dorschnor, spokesperson for the U.S. Attorneys office in Denver.

Weld County District Attorney Ken Buck echoed the same idea. “I’ve never heard of a Grand Jury called by citizens,” he said.

Mike Saccone, the Colorado Department of Law’s spokesperson, said, “There are no provisions for formation of citizen grand juries in Colorado. That is the way the statues stand now.”

Von Lubbuert disagrees. “Our elected officials have lost the vision of our forefathers. The Bill of Rights is still the supreme law of our land, and that law provides for indictment only by a Grand Jury composed of common people. That law provides for conviction only by a Petit Jury, a jury of your peers. Think about it,” he said. “When you go to a trial, the charges are brought by “The People.”  The jury decides whether you are innocent or guilty – not the judge. The jury does not have to follow the law. In fact, the jury can ignore the law and set free an obviously guilty person if they want. The jury is the final word, not the judge, not the prosecutors. The power to create freedom belongs to the jury.”

But the power to convene a Grand Jury is not recognized today in America by most judges. Leo Donofrio, a New Jersey attorney explains. “The constitutional power of ‘we the people’ sitting as grand jurors has been subverted by a deceptive play on words since 1946 when the Federal Rules of Criminal Procedure were enacted. Regardless, the power still exists in the Constitution and has been upheld by the United States Supreme Court.”
Donofrio says the 5th Amendment to the U.S. Constitution provides the power for a Grand Jury of the people without reliance upon a U.S. Attorney to concur in such criminal charges.

The issue has been discussed often in legal journals. Roger Roots, writing in the “Creighton Law Review,” stated: “In theory, the grand jury is a body of independent citizens that can investigate any crime or government misdeed that comes to its attention. In practice, however, the grand jury is dependent upon the prosecutor to bring cases and gather evidence.

Thus, while the grand jury still exists as an institution — in a sterile, watered-down, and impotent form — its decisions are the mere reflection of the United States Justice Department.

The powers for citizen grand juries have been affirmed by several Supreme Court decisions. Justice Powell, in United States v. Calandra, 414 U.S. 338, 343 (1974), stated:
“The grand jury’s historic functions survive to this day. Its responsibilities continue to include both the determination of whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions. Branzburg v. Hayes, 408 U.S. 665, 686-687 (1972).”

In United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia, delivering the opinion of the court, laid down the law of the land:

“'[R]ooted in long centuries of Anglo-American history,… 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.'”

Robert Campbell, founder of the American Grand Jury, says that this passage sets the stage for a revolutionary new FOURTH BRANCH of the Government in the United States. “Besides, the Legislative, Executive, and Judicial branches, I submit that there is a fourth branch, THE GRAND JURY, and “we the people” when sitting as grand jurors, are, as Scalia quoted in US v. Williams, “a constitutional fixture in its own right.”

He quotes more of Scalia’s opinion regarding the Grand Jury:

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.

“The law is on our side,” Campbell says. “We the People have the right and power under the 5th Amendment of the Constitution to charge this government with crimes whether the US Attorneys or the federal judges agree with us. As the Supreme Court has so brilliantly stated, we are the “buffer between the Government and the people.”

Campbell’s American Grand Jury team is actively pursuing decisions in a number of United States District Courts located in multiple jurisdictions including: the District of Columbia, Tennessee, Alabama, Florida, Kansas, New York, Texas, California, Arizona, Connecticut, and others.
Campbell says that a federal judge, Royce Lamberth, U.S. District Court in Washington, DC, has issued two opinions in response to the filings including the statement that the presentments are constitutionally permitted…”

For more information go to  www.americangrandjury.org/

To hear more statements by Hal Von Luebbert go to www.CitizenPowerNow.com


Tags: , , , , , , , , , , , , , , , , , , ,

Trackback  •  Posted by Jim Frazier in General News category

 
  • Mary Adams says:

    No, citizens can’t form their own Grand Juries.

    They have no more power than a bunch of people signing up for a tiddlywinks league.

    These so-called “citizens grand juries” are no more than lynching mobs – a self-selected group getting together for the sole purpose of convicting someone they don’t like.

    If these GJs were possible, any bunch of neighbors could form a “jury” and convict another neighbor on specious “evidence”.

    Here is a link to a REAL Grand Jury:
    http://www.co.santa-cruz.ca.us/grandjury/gjfunction.htm

  • Hal von Luebbert says:

    Pretty – no, archetypically so – typical. I have not ever said that a group of citizens could – or should – pick their own Grand Jury and issue indictments. Neither, for reasons I will mention here, is that tactically necessary. Further, however, neither does the state – and its judges and lawyers – have any Constitutional right to control (“A Grand Jury will indict a ham sandwich” – Sol Wachtler, former New York State Chief Judge) either the Grand or Petit Jury.

    A jury of peers controlled by the state, its prosecutors and judges is an absurdity in either common law or the logic of our legal system.

    Neither would that be possible, not advisable, were the public to have any knowledge or understanding of the history of the two systems. I am an historian, not an attorney (there is a difference between “attorney” and “lawyer”), such that I know the Grand Jury system as well as anybody. And I know, too, that the expression “runaway” Grand Jury is a revealing one, stating as it does that a Grand Jury unwilling to do the prosecutor’s bidding, or to investigate on its won is a “runaway.” Once impaneled by the court, a Grand Jury has the power to investigate anything it deems appropriate (as one in Colorado not that long ago did having to do with Rocky Flat, something in which I became personally involved). I know that from personal experience, incidentally, having once moved a Grand Jury foreman and Grand Jury to use grand jury power to have a crooked County Attorney indicted and eventually removed from office.

    All attorneys, it would appear, aren’t necessarily good ones.

    If anyone has been misled due my having been misquoted, I certainly apologize. The fact remains nevertheless that control of this country can be returned to the people by means of the system originally established for it by its Founders; and as, none other than Abraham Lincoln noted, ” This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.”

    Neither Grand or Petit Jury is obliged to follow the “instructions” of the court (or, for that matter, its officers). That remains not only a fact of both law and history, it is the only reasonable and just way to proceed in a republic constituted as this one was.

  • Hal von Luebbert says:

    Continuing (a kind of P.S.), I have just written this to my friend Jim Frazier:

    P.S. Jim, I just read the “thread” concerning the Grand Jury. I have never, ever said that the public can impanel a Grand Jury, certainly not a national one – or, for that matter (even) a Petit Jury. Neither, nipping in the bud what I’m afraid may come out of my supposed mouth next, have I ever said that common law courts are legal – or, again, advisable, or necessary. That’s all just plain absurd, still another form of the damned “wing-nut” anarchy being inflicted upon us all (have you watched an illegal immigrant rally lately or listened to the proponents of criminal importation?) everywhere in the Land of the Free turned Land of the Fee. And, as I said on the Greeley Gazette site, that simply isn’t necessary (being really stupid, playing right into the hands of the enemy as it does, and the people who promote this crap to the public obviously haven’t the tactical smarts of a Dodo bird).

    What this country needs is an educated and informed public, one that participates in the system, including when they serves on juries. What has been called “jury nullification” is as possible and advisable where the Grand Jury is concerned as it is (and where it is more commonly related) with the Petit Jury. A pack of moronic sheep herded by the prosecuting state into a jury room or jury box, to rubber stamp the kind of crap we see everywhere in our courthouse nowadays, is one very representative example of the reasons we are a nation in decline. “Innocence Projects” wouldn’t be necessary, and we wouldn’t have convicted thousands of innocent men (and, perhaps, even women), were juries – especially Grand Juries – picked from truly sovereign citizens.

    The empaneling of Grand Jury of today means only that the state hasn’t sufficient proof to warrant a Country Attorney’s Information (another abomination of our system foisted upon a public now dumber than your fifth-grader about their country and its history); and I can’t imagine, moreover, that any attorney who dares go to church will gainsay what I say in that regard.

  • Martin Walt says:

    Hello,
    I am here attempting to discover how a citizen can go through the process of convening a grand jury in the State of Florida.As you know if it is not submitable to the State procesecutor for procescution then it is a vain action.
    This thread explains the first question of do I have the right to order a grand jury,now the next step is how do you do it? Please help as I desire to move forward on this.

    warmest Regards,
    Martin Walt

  • jeff says:

    Yes. See http://www.1215.org/lawnotes/lawnotes/grandjuryrules.htm

    This is a common law grand jury. Remember, the common law is the law of 49 states.

  • tonya says:

    Sure they can. Its called Checks and balances and comes in to play when the elected officials arent doing their jobs. We do have the right to this and the majority speaks. Makes the acted offcials recheck their stance and do their jobs. Its common law, because its common sense with out it the system wouldnt allow the people to have control.

  • paul-james says:

    Sure they can – anyone who says not does not know who they are or what they are talking about! CROWN BAR undermined American law form and introduced PRIVATE CORPORATE CODE in place of American Organic Law. 1st they over threw Republic Feb 21 1871 – by putting the organic Republic to sleep. Things got even more corrupt toward end of 20’s (Treaty’s of Geneva when US was Europe was bankrupted by monopolistic Money Powers). In 1933 Foreign Bankers took over the UNITED STATES Corp and bankrupted it placing UNITED STATE PERSONS as debtors to International Banksters. In 1944 Receivers became IMF… Th great think is this was all fraud and it will be undone! Grand Jurys will be part of what expose the treason… unlearn – re-ducate – throw away the TV – http://www.youtube.com/watch?v=30tCuhP2Yfc

  • It really is in the wording. No group of *citizens* can do much of anything. For more elaboration on the definition of ‘citizen’ look to the 14th Amendment. A ‘citizen’ is a ‘person’ being ‘subject’ to the government’s jurisdiction. A group of Sovereign Individuals can do whatever they damn well please within OUR Constitutional Republic, unless you hurt or intend to hurt another. Only, do we still have that? Have Political Powers in the past broken the very Contract drafted to check their Powers? As a fellow King of God’s Land, I enact my authority to convene a Grand Jury of 25 Sovereign Representatives of the People, being of sound Mind, being that of Spirit and Conviction, to uphold the Ideals once heralded in OUR Republic. A revolution of the Freely Spiritual ways of our Natural God’s Law, the Common Law, together bound with an evolution to finally include all of Humanity and all of Life, Living in Accordance with Nature.

  • Brent says:

    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, see United States v Williams.

    http://www.nationallibertyalliance.org/

Please leave a reply...



You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>