More on so-called ‘common law’ grand juries

Frankly, I’m disappointed in myself this morning. At our newsroom meeting today, two of our reporters made some solid points about a story we ran on the front page of the paper — points we as editors should have brought up before the story ran.

The story is about an effort by a woman in Gallatin County named Averil Heath, who has signed on with a group calling itself the National Liberty Alliance. Heath and the NLA want to establish so-called “common law grand juries” in every county and state in the Union.

Heath plans to hold a vote to establish such a grand jury in Gallatin County during a meeting at the library in Bozeman on Jan. 11.

We placed this story on the front page, but I don’t think we did enough homework on the NLA before publishing it. So I’m going to share some of my findings here on the blog.

What is a grand jury?

A grand jury is a jury of citizens called together to decide if there is enough evidence to bring forward a criminal charge. The document they return is called an indictment.

Traditionally, the body has been seen as a protection for citizens against unwarranted charges by the government.

The proceedings are secret. No judge is present, and the whole affair is led by the prosecutor. Defendants have no rights to present their cases and don’t even need to be informed about the hearing at all.

Because the grand jury is not a court, some rules that apply in court do not apply. For example:

  • Some evidence gathered in violation of the Fourth, Fifth or Sixth amendments can be presented.
  • A person does not have the right to have an attorney present but can leave the room at any time to consult with an attorney.
The Grand Jury Clause of the Fifth Amendment applies only to federal felony charges. Some states do use grand juries, but there is no right to a grand jury hearing.

Critics have argued over the years that grand juries, rather than being a buffer between the government and the people, have become a rubber stamp for prosecution.

Averil Heath

According to the Bozeman Food Co-op’s producer profiles page, Averil Heath owns Springhill Farms in Belgrade. She was a certified organic grower from 1990 until 2006.

Other online results list her name as being spelled “Averial,” as does the phone book.

In 2000, Heath wrote a letter to the editor in the Chronicle demanding justice for people affected by asbestos in Libby.

She wrote another letter in 2001 protesting trade agreements like NAFTA, WTO and FTAA. She called such agreements an expansion of the “assault on our sovereignty.” She wrote:

When the consent of the governed is bypassed, it is the usurpation of democracy. We cannot afford to be passive in the face of this assault. Some of our citizens from Bozeman have put their bodies on the line to challenge this tyranny.
Heath also provided a public comment to the Montana DNRC regarding a decision to allow Signal Peak Energy to expand coal mining operations. Heath’s comment read:
Leasing coal mining rights for below market value] is an outrageous policy that is a slap in the face of all Montana citizens. Please stand up and show some backbone. Defend taxpayer-owned land in Montana from this sort of theft. I consider this a theft from all Montana citizens!

National Liberty Alliance

National Liberty Alliance logo

National Liberty Alliance logo

So far as I can discern from IRS and GuideStar searches, the National Liberty Alliance is not a registered nonprofit, despite its use of the .org domain for its website and its plea for donations.

The group reports on its website that it is 11 percent of the way toward an $8,000 goal to get a matching grant. There is no indication of where that grant will come from, and I can find no record of who might be funding the group.

Donors are asked to make their checks payable to “Trade Winds” at 3979 Albany Post Road, Hyde Park, NY. According to Google maps and street view, this is an empty lot. But we may not be able to trust that photo.

An internet search for Trade Winds in Hyde Park found a franchise location for printing company Minuteman Press, 4246 Albany Post Road in Hyde Park. This address appears to be a commercial strip mall according to Google.

Minuteman Press started in 1975, according to New York Secretary of State’s records. It’s CEO is listed as Robert Titus, and it’s address is listed at 61 Executive Blvd., Farmingdale, NY. A Robert Titus of Huntington, N.Y., is listed with the FEC as having contributed $500 to Barack Obama’s campaign in June 2012.

Apart from the coincidence in location, Minuteman and Titus do not appear to be connected to NLA.

The domain nationallibertyalliance.org was registered by a John Darash on April 20, 2013. The phone number listed appears to be a cellphone number in Hyde Park. Darash’s address on the domain registry is listed as 600 Violet Ave. in Hyde Park.

According to county records, that’s a 1.4-acre lot owned by a Carole A. Wexler. From aerial photos and Google street view, it appears to be a kind of strip mall.

The domain nationallibertyalliance.com, which redirects to the .org version, was registered a day earlier.

The group’s website proclaims that “Only the people can save America! Will you?” That’s beneath a Latin motto “Lex naturalis dei gratia” – translated: “the natural grace” – and a quote from Psalms about justice and righteousness.

The site also points out that simply registering for the site means “you are registering to become a juror.” There are no uninvolved members, it seems.

The site uses quotations from the Magna Carta, William Pitt, Thomas Jefferson, John Adams, Ben Franklin and the Bible to make its case – which boils down mostly to the idea that there are tyrants out there impinging people’s rights.

Specifically, the NLA cites a Supreme Court decision in which Justice Antonin Scalia “confirmed that the American grand jury is neither part of the judicial, executive nor the legislative branches of government, but instead belongs to the people.”

U.S. vs. Williams

The 1992 case involved John Williams, who was accused of misrepresenting his character on financial statements. The prosecutor, though, didn’t present the grand jury evidence showing that Williams was always truthful with his financial information, so Williams sought to overturn the indictment. The justices ruled 6–3 that it’s up to the defendant to present his own evidence.

Scalia wrote in the majority decision:

Because 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, and that the disclosure rule applied here exceeded the Tenth Circuit’s authority.
Basically, Scalia is saying that, because the grand jury is separate from the courts, courts have been reluctant to make rules regarding what sorts of things go on in grand juries.

He acknowledges that the grand jury is mentioned in the Bill of Rights and not the body of the Constitution and that it has not been “textually assigned, therefore, to any of the branches described in the first three Articles.”

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.

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.

The grand jury’s ability to investigate criminal wrongdoing – or even the suspicion of criminal wrongdoing – is evidences its functional independence from the judicial branch, Scalia writes.

The Federal Rules of Criminal Procedure, published in 1946, make no reference to common law grand juries.

John Darash

 

Image from YouTube video.

Image from YouTube video.

John Darash is listed as a member of the Oath Keepers of Columbia, Colo., whose site shows him to have joined Oct. 9, 2009, and puts his location as Hyde Park, N.Y. His bio there refers to the sovereignty of county sheriffs and the “NWO government takeover.”

He was mentioned in a 2010 New York Times story as a member of the Dutchess County 9/12 Tea Party group and as a supporter of Republican gubernatorial candidate Carl P. Paladino.

In August 2013, after city officials in Clarkstown, N.Y., revoked the NLA’s permit to protest at the town hall, Darash told the local paper:

Darash also explained the town attorney who allegedly revoked the permit, Amy Mele, may come before the common law grand jury herself.
“This is what common law is, and they just shut that down saying that we can’t do this in the people’s building,” Darash was quoted as saying in the Rockland Times.

Mele told the newspaper the letter was send under the name “Rockland County Grand Jury” and not the group’s actual name. The NLA was invited to reapply under its own name.

He told another newspaper in September 2013:

“The Constitution is a common-law document, as is the Declaration of Independence and the Magna Carta,” said Darash, who lives in New York. “What is our heritage as Americans? It’s our inalienable rights, and that brings you right back to common law. It’s what our founding fathers died for.”

Conclusion

The NLA appears to be a group with heavy right-wing, tea party leanings. It’s success at convening these illegal common law grand juries has been nil.

NLA-affiliated groups have sought to form common law grand juries in Pennsylvania in November and December, Colorado in December and Florida this month.

screenshotSo far, as reported by NLA’s own website, no common law grand juries have been convened in the country, and that’s probably good, because according to established law, they’d have no authority or legitimacy.

  • Mark

    No mention of her dissatisfied involvements with law enforcement or the judicial system, yet the story makes top fold, front page. “Citizens” doesn’t constitute 1 person. Now that you’ve admitted to making a mistake, will there be a story in tomorrow’s paper letting your readers know your editors didn’t do enough research, or will you simply let the story run its course. I can’t wait to read the follow-up story on this one person meeting in Sunday’s paper.

    How do we hold the press in check to assure they are reporting credible stories? At least private business man Folkvord apologized publicly to Wheat MT fans when he stepped on it. I know, as the free press, you aren’t held to the same standards as other professions.

    It’s sad you send your under-paid reporters out to interview anyone about anything just to fill your paper.

    • http://www.hypercrit.net/ Michael Becker

      No, there’s not going to be a printed follow up in tomorrow’s paper. Nothing about the story was wrong, but its placement was, in my opinion, not ideal. There may have been more to research, but it was not incorrect.

      We’ll decide whether to cover the meeting later in the week as we plan our weekend coverage.

      How do you hold the press “in check”? As with any other business, you choose to consume our products or not. I’d rather people let us know their dissatisfaction with letters to the editor and phone calls, though.

      • gatsby

        Giving these sovereign-citizen types any publicity for their whackadoodle ideas was a mistake. The FBI considers them potential domestic terrorists.

        • wolf

          Yes and the FBI considers fundamental Christians as terrorist also. Odd how judges and cops can violate the law with impunity yet someone who wants to up hold the Constitution are considered wackjob terrorist. I put the same question to you, when the time comes to be remembered as a Constitutional Patriot or a Constitutional Traitor, how will history record you when all the records are exposed and it is proven that the American people were abused and used as a profit making tool? Best look in the mirror, the exposing and changing of the Montana Constitution is upon us. Look for 3 Constitutional Amendments that will strip the abusive power from the courts and cops.

          • RealityCheck

            I would ignore gatsby .. he is with the form group called “TheFogBow” listed under “foggy” there whole form is dedicated to President Obama and supporting him while spreading dissinformation about anyone who stands against him. The cold case posse even investigated them as having ties to Tax Payer funds to do such things

        • Billy Tyson II

          Ruby Ridge

        • Billy Tyson II

          Ruby Ridge

      • wolf

        sadly for the size of this county the limited response from people like Gatsby shows that most do not understand their Constitutionally protected rights. It is the responsibility of all Americans with a voice, such as a reporter or editor, to help honestly, without bias, educate the populace. That sir I would suggest be your challenge. How will history remember you and your part in protecting Constitutional rights?

    • Rattus Norvegicus

      I rather agree with the both of you. Becker is right to say the the story was placed inappropriately. I also think that it was improper to run a story promoting a group which is the equivalent of the infamous “Freemen” of the 90’s. These days you have to work hard to keep up with your wackaloons.

      • Franz Glaus

        Sure, it’s to be expected that people conditioned by the system will find those challenging the system to be strange, even if that system is predatory.

      • Elias Alias

        Hey Rat, why don’t you give us some direct associations so we can see how you justify lumping the Grand Jury advocates into a grouping with the “Freemen of the ’90s”? You’re just using a psyche-game copyrighted by the SPLC and MHRN, loosely associating known public memes with people to shift uneducated perceptions in the public. So do tell – in what way are these Grand Jury advocates like the “Freemen of the ’90s”? Salute! Elias Alias, Oath Keepers

        • Rattus Norvegicus

          Ah the Oath Keepers, another group which comes from the same ideological wellspring.

          • Elias Alias

            Well, Rat, you’ve forgotten to answer my question/request. I’ll repeat it for you. “In what way are these Grand Jury advocates like the “Freemen of the ’90s”?

            Regarding Oath Keepers, Oath Keepers is an association of military, police, firefighters, and Veterans who will honor their Oath to the Constitution. We are non-partisan and apolitical, in the tradition of the US Military and all levels of State and Local Peace Officer agencies and departments. The Oath is required in Article VI of the Constitution for the united States of America. That is our ideological wellspring. Please say how you can possibly have a problem with that. And do remember to answer my question – it’s just good manners, yes? Thanks for your time.

            Salute! Elias Alias, Oath Keepers

          • Christine Fitzpatrick

            Rat, I’d like to have you answer E.A. questions? And why must labels be associated with a pure intentioned solution? I am not political in the least. I have no loyalty to any party, union, one way or another. I just want to be left alone to live in peace without fear of government, poking into my business where they have no authority to do so. I am a big girl and unless I injure another, intentionally or otherwise, I have committed no crime. And if I did, I have the RIGHT to be judged by my peers for judgement and punishment.

  • Mark

    Great follow up in Sunday’s paper…..the only update to the story from a week ago is 50 people showed up. And how dare they tell the press they can’t photograph a public event held in a publicly owned building? What or who are they trying to hide? Maybe do a story on that. Once again, no specific complaints of what they’re trying to fix!

  • Elias Alias

    Michael Becker, I applaud your notion to look more deeply into background on stories you may cover for your job as a reporter. I would also like to suggest to you that attacking the character of a person in focus in a story must be carefully done. The topic here was the “common law grand jury”. Looking hard to see what side of the political aisle the advocates for common law grand juries chance to be on is risky journalism, imo.

    You have quoted a bit of Scalia, which is good. But I would encourage you to dig deeper and look for other Supreme Court pronouncements regarding the common law grand jury. There are actually a number of such cases, cases in which the Supreme Court recognizes what Scalia reiterated – that the Grand Jury belongs to the People and is not subject to the three Federal branches of government. In your conclusion above, you note that the common law grand jury is “illegal”. That may prove to be a precocious pronouncement, Amigo. If you continue to dig deeper, you’ll come to see this for yourself.

    Please allow me to inject a meme into your mindset which could possibly help you in your search for the greater truth on this topic. We look often at the Tenth Amendment. The Tenth Amendment states that any powers not delegated by the States to the General (Federal) government are reserved to the States OR to the People. It does not say “AND to the people.” It says “OR” to the People. Why would our Founders use the word “or” instead of “and”? Students of the Constitution come to understand that “We The People” are the ultimate source for authority and legitimacy in all government. The People, acting in concert, rebelled against the British government while yet Colonists of Great Britain. They then constituted themselves into States, with sovereignty and international standing, with their respective laws and other infrastructural components common to any nation-state. As independent States, they convened to create a compact called the Articles of Confederation, which elected U.S. Presidents during the period before our Constitution was created and ratified. During that time each State was a republic, was autonomous, and retained autonomous sovereignty as a nation. When they convened again to improve upon the Articles of Confederation, their convention turned into a Constitutional convention, owing to the labors of James Madison, who is generally known as the “Father of the Constitution”. One of our fine rivers here is named after him, yes? While just how it happened is a never-ending debate, the convention to modify and alter or improve the Articles of Confederation morphed into a convention which produced our present-day Constitution. Before the States would ratify it, they demanded that the Bill of Rights be in place as the first Ten Amendments, which we yet today refer to as the Bill of Rights. Of course you know all that already. But I’m reminding your readers of that, here, to set the stage for introducing a grand thought which is relative to your concern about common law grand juries. One final hint: In his Ft. Hill Address of the 1830s, John C. Calhoun gave us one sentence which cuts to the chase in many arguments since he uttered this:

    “The error is in the assumption that the General government was party to the compact.”

    You see, Michael, the States, each of them being at that time an independent, sovereign nation-state republic, signed the compact which created the General (Federal) government. If you look below the Constitution you will find their signatories – but – you will find no signature on behalf of the Federal government on that document.

    That is because the General (Federal) government did not exist until the States signed that compact among themselves, with each party-State owning a co-equal status in that compact with every other State in compact. The States created the General (Federal) government.

    And the States themselves derived their authority and autonomy and sovereignty from…..whom? From We The People, which is why those three words are the first three words in the document. We _ The _ People. That is why the Tenth Amendment uses the word “OR” instead of the word “AND” in its qualifier phrase, “…to the States or to the People”.

    One can begin to realize the genius in that perspective when one recalls that our Founders specified a higher authority than the government they created. They did that with the term “unalienable rights”, which they said derive from Nature or Nature’s God. (Natural rights, which is the basis of “Common Law”, which is a totally different form of law from “statutory law”. This nation’s founders wrote the Constitution to preserve our unalienable rights under Natural (Common) Law. If you look at the Constitution, you’ll notice that it is a document limiting the authorities and powers of the General (Federal) government. Article 1, Section 8, tells the government what it should do. The Bill of Rights tells the General government what it cannot infringe upon – which is our unalienable rights. And the Tenth Amendment tells the General government that if it is not listed in Article 1, Section 8, it is reserved to the States or to the People.

    Our Constitution is neither “left” nor “right”. It is above the political fray of factions or “political partiers”, which our Founders, especially George Washington, abhorred. (George Washington did not want to see political parties in this country.) For your investigation to focus on political philosophies of involved and named characters in your story in the Chronicle is a bit of a short-coming on your part, but one which is easily understandable to me.

    To bring up John Darash’s membership in Oath Keepers serves what purpose, if not to fragment the overall presentation of otherwise-facts, by defining his philosophy as a Constitutionalist? That is what Oath Keepers is – an educational group with outreach to police and military and firefighters and Veterans, whom we approach with materials showing the history of the Constitution which they are required to swear or affirm an Oath to before assuming their duties in service to America or the State or the County or the Township. Our membership consists of all walks of American life, both left and right, both centrist and non-opinionated. Like the Constitution itself, Oath Keepers embraces all Americans as co-equal in rights and the protections of the state (government). Contrary to what the SPLC will tell people, Oath Keepers is not a “far-right” organization. Additionally, Oath Keepers has not made any formal policy statement regarding the Grand Jury phenomenon, not at this time, but our Board of Directors, of which I am a member, is now beginning to look into the matter. We are interested in Constitutional questions about this, and we are open-minded about it. If you chance to want to share your own research with me, please use this method to contact me. 1 – Go to http://www.oathkeepers.org/ 2 – look under our site’s banner and click on “Contact” 3 – Address your contact info to “For Elias” 4 – leave me your email address in that fashion and I’ll send you my personal contact info.

    That said, perhaps you would like to talk further with me about Constitutional issues, or about Oath Keepers. I am not an authority on Grand Juries, but I am authorized to speak with you publicly or in print about Oath Keepers.

    Thanks for your time. Salute! Elias Alias, Montana Oath Keepers, Oath Keepers national website editor, member Oath Keepers Board of Directors, Honorably discharged US Marine and Veteran, Vietnam War, Three Forks, Montana

  • wolf

    I must remind everyone here that Article 5 of the Bill of Rights says:

    “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”

    To anyone who says demanding a Grand Jury is akin to being a Wack Job or radical, I ask you to argue our Founding Fathers and the protections the Bill of Rights establishes. (For those that don’t know…the Bill of Rights gives you no rights, it tells the government what it WILL NOT do.)

    The Common Law Grand Jury ended in 1791 with the ratification of the Constitution with the Bill of Rights. It established many things one of which was the servitude of the government to the people that can not, shall not and WILL not be abridged. Period.

    So to all those naysayers out there who don’t want a Grand Jury’s protection…..What are you going to do when your on the governments hit list because your opinions no longer walk in step with theirs?

    Or legal system is corrupt. If you want to do a real story, if you have the courage, why not do one on CUSIP Bonds and prison sentences? How, the CAFR (official Montana financial report) confirms our prisons are making massive profits by selling the prison sentence of the convicted on wall street for the benefit of their retirement. But I suspect that would be a very damning story against the “clean and honorable” legal system.

    Feel free to contact me at anytime about this or the upcoming formation of the Montana Home Guard, yes the lawful militia!

    • gatsby

      “If you want to do a real story, if you have the courage, why not do one on CUSIP Bonds and prison sentences? How, the CAFR (official Montana financial report) confirms our prisons are making massive profits by selling the prison sentence of the convicted on wall street for the benefit of their retirement.”

      Nothing quite says “Wack Job” like a belief in these two sovereign-citizen myths.

      • dawnwoodward

        gatsby…if you care to refute the information, it would be better served by constructing a coherent argument rather than a limp ad hominem.

        • gatsby

          Delusional sovereign citizen-types don’t deserve anything more.

      • RealityCheck

        Gatsby is a known user or participant with the group known as “TheFogBow.Com” to which has been investigated and dimed “Obots” President Obama groupies and some have been investigated being paid by DARPA to spread disinformation The same sheriff teams that have been investigating claims into obama birth certificate has been looking into that same group as being paid to spread disinformation, slander/liable on ones character ( sorta like how this report tends to lean that way attack someone character and not the facts) as well as send life threats to reporters who cover anything to do with talking about obama birth details. If you look up the term “Madisonville Hoax” you will see the name “Foggy” <– guy who is the admin of TheFogBow.com that and I also have proof stored myself of this users actions :)

        • gatsby

          You’re delusional. Enough said.

    • agree

      I totally agree and you are 150% correct….

      • Reasoniam

        “Talk sense to a fool and he calls you foolish” Or as applied to both these commentators, “Wack Job” and agreement. Let’s not feed the trolls.

  • Paul Stramer

    I concur completely with Elias Alias below, as what he said clearly outlines the basis for the Grand Jury, and Mr. Becker should take him seriously and he should continue his studies of this issue, only leave aside the apparent bias he has for the status quo position, and try to arrive at the whole truth.

    To that end I would like to offer some research I have accumulated that might help inform.

    Here it is, and please follow all the links or you won’t ‘get it’ as they say.

    http://www.lincolncountywatch.org/grandjury

  • Reasoniam

    Besides mine of today the last comment was 21 days ago. It’s a MT discussion that shouldn’t be dropped. Not with all the recent MT local govt corruption coming to light. Seems that what’s happened in MT will no longer STAY in MT!

  • Bird Hunter

    The ignorance of The Law and political bias presented by the article above is quite exceptional…… obviously from a Michael Moore kind of clone who has no real education on the TRUE history of America, and history of the UNITED STATES, and the difference between the two. America as our founders created it is obviously dead in this writer’s eyes.

  • Billy Tyson II

    Michael, your bias jumbs from the title of your piece “So-called”.

  • brian cooper

    In my jurisdiction the claims of the National Liberty Alliance would be viewed as comedy by the learned judges and dismissed for wasting their time. They definitely do not have what would pass as adequate knowledge of the legal system, the quoted sections of the legal system in an inconsistent manner which has no legal logic to it. Those involved are just mere querlants, who are misguided and perhaps has some delusions about having their day in court.

    Ed Edwards Thank you for the reply, the rudeness, though eloquently put, was unnecessary. Right or wrong; I am doing something to bring justice back to “WE THE PEOPLE”, therefore I am right in my actions. It is my right.

    The expression “WE THE PEOPLE” are also used by some so called child protection advocates who no more than a scam (a confidence game or other fraudulent scheme, especially for making a quick profit; swindle). preying on those who are at their most vulnerable moments.

  • artlowell

    The cited desion in US v Williams is a misdirect. The same decision says, “True, the grand jury cannot compel the appearance of witnesses and the production of evidence, and must appeal to the court when such compulsion is required. ” The NLA folks believe that they have the power to indict, convict and punish, all by themselves. they want to be a kangaroo court.

    • Rustic WoodWorX

      Artlowell, You couldn’t be more wrong. Justice Scalia’s opinion is very clear if you read it completely rather than taking one sentence out of context. Here is the full text:

      YOUR TEXT: True, the grand jury cannot compel the appearance of witnesses and the production of evidence, and must appeal to the court when such compulsion is required.

      See, e.g., Brown v.United States, 359 U.S. 41, 49 (1959).

      IMPORTANT NEXT TEXT: And the court will refuse to lend its assistance WHEN the compulsion the grand jury seeks would override rights accorded by the Constitution, (Your text relates only to the fact that the Court must be approached IF the Grand Jury wishes to call a witness or request production of evidence, NEITHER OF WHICH THE GRAND JURY NEEDS TO INDICT.

      see, e.g., Gravel v.United States, 408 U.S. 606 (1972) (grand jury subpoena effectively qualified by order limiting questioning so as to preserve Speech or Debate Clause immunity), or even testimonial privileges recognized by the common law, see In re Grand Jury Investigation of Hugle, 754 F.2d 863 (CA9 1985) (opinion of Kennedy, J.) (same with respect to privilege for confidential marital communications).

      IMPORTANT NEXT TEXT: Even in this setting, however, we have insisted that the grand jury remain “free to pursue its investigations [504 U.S. 36, 49] unhindered by external influence or supervision so long as it does not trench upon the legitimate rights of any witness called before it.”

      United States v. Dionisio, 410 U.S. 1, 17 -18 (1973). Recognizing this tradition of independence, we have said that the Fifth Amendment’s “constitutional guarantee presupposes an investigative body `acting independently of either prosecuting attorney or judge.’ . . .” Id., at 16 (emphasis added) (quoting Stirone, supra, at 218).

      MORE IMPORTANT TEXT WITHIN THE OPINION: “[R]ooted in long centuries of Anglo-American history,” Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., 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 branches described in the first three Articles. THE MOST IMPORTANT PORTION OF THE OPINION: It “`is a constitutional fixture in its own right.'” United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, In 1992 Scalia reiterated the power of the people and cited dozens of cases that did the same. If you read about “American Exceptionalism” you may learn that our Republic is one of kind… the people sit and hold power at the top of an inverted pyramid. The shame is that we have been made to believe we have only the power of the vote to hold our elected officials accountable.

  • miltfarrow

    A well written researched document reciting the missing signatures as well as an outdated timeline. However Of what I believe is significant is the Identification of These United States. are we a free standing legally constituted Republic, governed by the “Organic ” Constitution or was that Constitution replaced by an “arrangement” of the 41st Congress that feared national insolvency and in fact SOLD OUT TO THE VERY SAME BANKERS THAT HAVE CAUSED SUCH GREAT PAIN TODAY – If in fact we are a Corporation ( In Caps) UNITED STATES in Caps Then “HOUSTON” we have some serious problems, it would seem that everything that our body politic produced since 1781 as ratified by the 41st Congress in 1783-

  • miltfarrow

    Concluding with: If in fact the Bankers never released the United States from it’s LOAN -then the collateral asset still belong to the “lenders” Which means ALL DOCUMENTS, TREATIES, LAWS, EXECUTIVE ORDERS, CAN BE DISPATCHED AND THE PEOPLE HAVE TO MAKE A DECISION AS TO THE RULE OF LAW IN A NON NATION – WE ARE A TERRITORY UNDER THE LEAGAL DEFINES OF DEFACTO REALITY-

  • Methusaleh

    John Darah’s real name is John Vidurek. And one “common law grand jury” was convened in Florida by a man who had tried to take over a real grand jury when he was adventitiously selected to serve on it and volunteered to be grand jury foreman.

    When the real grand jury and the State’s Attorney counseling it refused to go along with the foreman’s agenda, he was tossed off, started his own grand jury, and indicted “Common Core” and a raft of officials including the State’s Attorney who opposed him.

    That clown’s name is Terry Trussell and he’s being prosecuted on 14 felony counts including impersonating a public official, threatening a public official and simulating legal process. Trussell has gone all “Sovereign Citizen,” plans to defend himself at his trial in February, and faces what is essentially a life sentence since he’s 71 years old.

    Darash/Vidurek is the leader of a cult of seditionists. They’ve never heard of something we have called “elections.”

    • RealityCheck

      This user and Gatsby are both from FogBow … both of which should be ignored and dismissed lol look up “foggy” and “MAdisonville Hoax” that group was the cause of it

      • Reality Check

        I beg to differ. These gentlemen speak the truth. Darash’s real name is Vidurek. He hides his real name because he has lost a number of cases in court under his real name pushing his crazy sov cit nonsense and he doesn’t want the NLA suckers to know that.