Common
Law Grand Juries -
Is There Such An Animal?
By Ron Branson
National JAIL4Judges Commander-In-Chief
January 6, 2014
Yesterday I was contacted by an acquaintance whom I got to know
through attendance at the Granada Forum, a patriot organization
originally formed in Granada Hills, California, by Ralph Franklin
and myself which we established in November of 1992. What this
gentleman asked me if I would become a leader within what has
become the Common Law Grand Jury Association. I expressed my views
on the subject,and we made a conference call into another
conference call that was underway taking place on the East Coast.
Within that conference call, I shared with them that approximately
twelve or so years ago we used to have a group called "The Los
Angeles County Common Law Grand Jury" that met here in the San
Fernando Valley, Southern California, within Van Nuys, a suburb of
the Greater City of Los Angeles. I attended not as a participant,
but rather as an observer. I was personally known by many, if not
all of the founders of this Common Law Grand Jury group. My
expressed concern was in how these "Common Law Grand Jurors" were
going to enforce their "indictments" within the system, and
anticipated that someone was going to get hurt the moment this Los
Angeles County Common Law Grand Jurors set forth to draw someone
within their acclaimed jurisdiction for an indictment, and to have
the "indicted" one criminally prosecuted. Since that time, this
Los Angeles County Grand Jury has dissipated, and is no more. I am
now hearing more about Common Law Grand Jury groups developing
throughout the nation,and even a recent as yesterday, I am being
asked to become a leader in this national development.
My concern is just the same as it was years ago, that someone is
going to get hurt the moment these Common Law Grand Jurors assume
jurisdiction and reach out to indict some government official and
to have them criminally prosecuted.
Let me say, I certainly believe in the power of the People as
manifest in the Magna Carta of 1215, which Great Charter in
essence established that whenever the People have no remedies,
they may take whatever actions they deem necessary to provide for
a remedy. We have this same power delineated within our
Declaration of Independence, to wit; "But when a long train of
abuses and usurpations, pursuing invariably the same object
evinces a design to reduce them under absolute despotism, it is
their right, it is their duty, to throw off such government, and
to provide new guards for their future security." It is therefore
manifest that if our future freedom demands an Armed Revolution,
then Americans are charged with such duty to provide it. This is
how I view what is being called, "Common Law Grand Juries."
For years, this author has preached on the need for looking Grand
Juries in an atmosphere when everyone was looking for a remedy via
legislatures, presidents and governors. I am most grateful that I
have recently witnessed the message sinking it with more
realization that Grand Juries are the key for our future security.
Make no doubt about, the establishment has become concerned on
this point. The government has long striven to extract the power
of Grand Juries out of the hands of the People, and sought to
establish Grand Juries as a hammer in the hands of government
prosecutors.
As a history lesson, it was back in 1960 that the California
Legislature determined to strip the People of the power in the
hand of the People by the creation of what the Legislature called,
"The Commission on Judicial Qualifications", later changed to "The
Commission on Judicial Qualifications." By so doing, the power of
the People to investigate judges within California through Grand
Juries was transferred to a special commission made up of
principally judges. So we had judges judging judges with little to
no participation of the People as to judicial conduct. This
legislation laid well with legislatures and judges across the
nation. And so, within all fifty states there was created judicial
commissions throughout the country for judges to oversee the
conduct of judges. The net results was that the People lost
control over their judges, and all judges were under the
protection of other judges. There was thus created a "You watch my
back, and I will watch yours" mentality. We were left only with
the People suing Judge A before his friend and colleague Judge B.
The decisions were always "You can't sue Judge A because he is a
judge and covered by Judicial Immunity.
In the Nation of England from which we separated by the
Declaration of Independence, we revolted against the doctrine that
"THE KING CAN DO NO WRONG!" But, through the manipulation of
politics we have established a new fable, which is "JUDGES CAN DO
NO WRONG!" Out of this background has arisen the concept of
JAIL4Judges, which means Judicial Accountability Initiative Law
for Judges by the proposal of the creation of an Independent
Special Grand Jury to which all judges shall give direct account
to a panel of 25 citizens who judge judges as Grand Jurors
independent of government prosecutors, members of the Bar
Association, all law enforcement, and anyone connected with the
judicial system. It places all judgment concerning the judiciary
directly and totally in the hands of just you and me with no
participation of the government.
The Judicial Accountability Initiative Law started right here
where We the People were robbed of our autonomous right to be the
Alpha and the Omega as the Grand Jurors. Through J.A.I.L., we can
once again reclaim our power we once had prior to the deprivation
of our rights as Grand Jurors. By simply adding the words "Common
Law" in front of Grand Juries, and asserting we are now a Grand
Jury only leads to physical confrontation in which those involved
will get hurt. What makes Special Independent Grand Juries
different is that it becomes a revision to our various State's
Constitution, of which all governments, including judges,
legislators, and executive must give a sworn Oath to obedience
thereto in order to hold, or retain their positions.
Article II, Sec. 1 of the California Constitution reads, "All
political power is inherent in the People. Government is
instituted for their protection, security, and benefit, and they
have the right to alter or reform i when the public good may
require." so it is manifest by the Constitution that the People
are autonomous," they have and control all political power, which
power is totally within their hands, and no government may
interfere with that right. This is why all governments throughout
the United States is afraid of the possibility of the People
adopting the provisions within J.A.I.L., as it would spell the end
of their dinesty of control over the People.
Ron Branson
Victo...@JAIL4Judges.org
http://triblive.com/news/westmoreland/5031867-74/grand-jury-law#axzz2pevA4j25
Citizens group wants common law grand jury in
Westmoreland County [PA]
Sunday - January 5, 2013
By Rich
Cholodofsky
Published: Saturday, Nov. 9,
2013, 12:01 a.m.
A citizens group filed court
documents on Friday seeking to convene a common law grand jury
in Westmoreland County, but legal experts say such a body has no
real authority.
It's the latest of a number of
similar filings throughout the nation by people wanting to
empanel investigating grand juries that are separate from the
government. Citizens in the group would seek jurors from the
local population, then make presentments to prosecutors.
Locally, groups in Allegheny and
Beaver counties have issued the same call.
The move, however, is not backed by
the law, according to a local official and a legal scholar.
“This is a rogue band of citizens
with no legal authority,” said Wes Oliver, associate professor
and director of the criminal justice program at Duquesne
University School of Law. “To what extent there was ever a
common law grand jury system that was self-creating, there no
longer is.”
The Westmoreland group, founded by
Tom Altman of Greensburg, wants to convene a grand jury that is
not presided over by a judge and/or convened by county or state
prosecutors.
Altman claims his grand jury is
legitimate under the law and the Constitution.
But legal experts say that in 1946,
the Federal Rules of Criminal Procedure were established, doing
away with the common law grand jury model.
District Attorney John Peck said
grand juries must be approved by the courts.
“I don't know there is a statute or
procedural rule that allows citizens to convene grand juries,”
Peck said.
Altman filed documents with Clerk of
Courts Bryan Kline seeking to formalize the grand jury process.
Kline said he was required under state law to accept the filing.
Altman said he paid the $21.40
filing fee under protest.
“We're working to undo tyranny that's
been done,” he said. “We're stirring a pot that's real big, but
it has to be stirred.”
Unless common law grand juries are
officially recognized by the courts, prosecutors offered
presentments or individuals subpoenaed by the self-formed grand
juries would not be legally compelled to cooperate, Oliver said.
Rich Cholodofsky is a staff writer for Trib Total Media. He
can be reached at 724-830-6293 or rcholo...@tribweb.com.
|
This email is free from viruses and malware because avast! Antivirus protection is active.
|