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Originally posted by damwel
This is BS. You can't try the President on any charges until he is impeached first.
All of us may one day serve as grand jurors in federal court, and I hope this article will educate the reader to his/her true power as granted by the Constitution. For that power, despite having been hidden for many years behind the veil of a legislative fraud, still exists in all of its glory in the 5th Amendment to the Constitution. The US Supreme Court has confirmed and reinforced that power.
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 I am going to explain to you still exists in the Constitution, and has been upheld by the United States Supreme Court despite the intention of the legislature and other legal scholars to make our power disappear with a cheap magic trick.
Repeat a lie with force and repetition and the lie becomes known as truth. In the case of the 5th Amendment to the Constitution, the power of the grand jury, to return "presentments" on its own proactive initiation, without reliance upon a US Attorney to concur in such criminal charges, has been usurped by an insidious play on words.
"Investigating seditious acts of government officials can be deemed inappropriate or unavailing by the prosecutor, or the judge can dismiss the grand jurors pursuing such investigations. Consequently, corrupt government officials have few natural enemies and go about their seditious business unimpeded."
I want to draw your attention to a law review article, CREIGHTON LAW REVIEW, Vol. 33, No. 4 1999-2000, 821, IF IT'S NOT A RUNAWAY, IT'S NOT A REAL GRAND JURY by Roger Roots, J.D.
"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."
The 5th Amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury."
"An indictment is a written accusation of an offence preferred to, and presented, upon oath, as true, by a grand jury, at the suit of the government. An indictment is framed by the officers of the government, and laid before the grand jury. Presentments, on the other hand, are the result of a jury's independent action:
'A presentment, properly speaking, is an accusation, made by a grand jury of its own mere motion, of an offence upon its own observation and knowledge, or upon evidence before it, and without any bill of indictment laid before it at the suit of the government. Upon a presentment, the proper officer of the court must frame an indictment, before the party accused can be put to answer it.' "
"A 'runaway' grand jury, loosely defined as a grand jury which resists the accusatory choices of a government prosecutor, has been virtually eliminated by modern criminal procedure. Today's "runaway" grand jury is in fact the common law grand jury of the past. Prior to the emergence of governmental prosecution as the standard model of American criminal justice, all grand juries were in fact "runaways," according to the definition of modern times; they operated as completely independent, self-directing bodies of inquisitors, with power to pursue unlawful conduct to its very source, including the government itself."
Originally posted by skunknuts
Will there be actual kangaroos in the court?
Derpity derp, Hussein Obama derp.
Derp non-citizen derp. Derpity Muslim derp Idonisian derp!
Derpity Nigerian derp passport derpity derp derp.
Derpity freedom, derp patriotic derp social security card derp derp.
Originally posted by Southern Guardian
Im sorry but we are talking about Manning and his mock trails right?
geewiz I wonder why the media and the population are not paying attention!
I for one will be looking out for the recording of this play trial.... with some popcorn ofcourse. 'Birthers on broadway'.... wonderful!
[edit on 14-5-2010 by Southern Guardian]
Originally posted by Libertygal
reply to post by Delphiki
No need to apologize Thanks for clearing up the issue so we both are on the same page.
I do agree with you, and I think they are convening not to try him for guilt or innocence, but for the presentmet of evidence, and to hear said evidence to see if it has any truth. I could be wrong, since I don't know what they are planning lol.
Manning claims to have previsouly unreleased evidence, as well as one current government employee that has agreed to testify.
They claim a lot of people have been summoned, but we shall see if anyone shows up.
If nothing else, it will be interesting to see if anything of substance as far as "evidence" comes of this.