New Hampshire Fires First Shot of Civil War Resolution! Immediately voids several federal laws! Threatens counterstrike against breach of peace.

Thank you Pat Dollard for providing a new source.

http://www.gencourt.state.nh.us/legislation/2009/HCR0006.html

http://patdollard.com/2009/02/new-hampshire-fires-first-shot-of-civil-war-resolution-immediately-voids-several-federal-laws-threatens-counterstrike-against-breach-of-peace/

February 4th, 2009 Posted By Pat Dollard.

The Betrayal:

The New Hampshire state legislature took an unbelievably bold step Monday by introducing a resolution to declare certain actions by the federal government to completely totally void and warning that certain future acts will be viewed as a “breach of peace” with the states themselves that risks “nullifying the Constitution.”

This act by New Hampshire is a clear warning to the federal government that they could face being stripped of their power by the States (presumably through civil war)!

The remarkable document outlines with perfect clarity, some basics long forgotten. For instance, it reminds Congress “That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever;. . . . . therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force;”

Federal gun crime laws? Void. Federal drug crime laws? Void. The gazzillion other federal criminal laws that deal with anything other than the specific enumerated crimes? ALL VOID.

One would think that if any lawyer anywhere in the entire country was worth his salt, all federal criminal trials would have ended years ago. This seems to prove that most lawyers are dullards.

New Hampshire deals a complete death blow to the pending federal hate crimes legislation by pointing out “That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; . . . . .”

Later in the Resolution, New Hampshire makes clear what the feds are now risking if they proceed further: The removal of all powers from the federal government by the States!

Quoting directly from the Resolution: “That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:

I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.

II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

IV. Surrendering any power delegated or not delegated to any corporation or foreign government.

V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and

That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually.”

I [Pat Dollard] have reported on this blog for quite some time that we here in the United States are heading toward Civil War. Many of you told me I was a nut for thinking that.

The simple fact is that we are long overdue for another Rebellion in this nation and I heartily endorse the idea of having one again very soon; preferably starting THIS year!

We must stop our federal government dead in its tracks because it is out of control and very dangerous. If stopping them means attacking them and destroying them by force, then so be it.

The full New Hampshire resolution is printed below, or you can go to the Government’s website and read it here.

HCR 6 – AS INTRODUCED
2009 SESSION
09-0274
09/01

HOUSE CONCURRENT RESOLUTION 6
A RESOLUTION affirming States’ rights based on Jeffersonian principles.

SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. Comerford, Rock 9; Sen. Denley, Dist 3

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This house concurrent resolution affirms States’ rights based on Jeffersonian principles.

09-0274

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

A RESOLUTION affirming States’ rights based on Jeffersonian principles.

Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and

Whereas the Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of The State of New Hampshire; and

Whereas the State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “First That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised;” and

Whereas the other States that included recommendations, to wit Massachusetts, New York, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change; and

Whereas these recommended changes were incorporated as the ninth amendment, the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, and the tenth amendment, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, to the Constitution for the United States of America; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress; and

That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; and

That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press:” thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; and

That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; and

That a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism — free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; and

That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court; and

That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:

I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.

II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

IV. Surrendering any power delegated or not delegated to any corporation or foreign government.

V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and

That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; and

That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.

Glenn Beck -- are you willing, yet, to talk?

From http://www.defendourfreedoms.us/

Mr. Beck,

I found it sadly ironic that on today's show you decried the lack of media attention regarding the tragedy that is occurring in Mexico at the hands of the drug lords. Indeed, it is a tragedy that thousands of people have lost their lives. How much greater a tragedy is it that nobody in the media will even allow an honest, open discussion about the constitutional issues surrounding Mr. Obama's ineligibility to be the president of this country? That tragedy encompasses hundreds of thousands of our citizens who have lost their lives while upholding their oaths to defend our constitution.

Why is it that you are so fearful of even having a truthful conversation about it? We tried to get your attention over the weekend by sending you a few emails. All we are asking is for you to have a conversation about it--and we are not even asking that it be done on air (for we have no desire to publicly embarrass you when you finally realize the seriousness of this crisis).

This plea will be posted on forums and blogs across the internet, as there are many people waiting to hear if you will finally enter into this dialogue.

Are you willing, yet, to talk?

Kindest regards,

Dean Haskins
Chairman, Restore the Constitutional Republic
www.restoretheconstitutionalrepublic.org

Dean Haskins Productions
www.deanhaskins.com
(434) 525-1479 (studio)
(434) 426-7202 (cell phone)
dhaskins@deanhaskins.com

The Federal Grand Jury is the 4th Branch of Government by Leo Donofrio

From Leo Donofrio, Esq., http://naturalborncitizen.wordpress.com/

The Federal Grand Jury is the 4th Branch of Government

Posted in Uncategorized on January 22, 2009 by naturalborncitizen

[I posted a similar article to my previous blog in 2005.]

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. So please, copy this report and paste it far and wide. It is not spin. It is not false. It is not for sale, it is not copyrighted by me, so paste and quote it freely. This report is the truth and we need truth, now, more than ever.

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.

Most of this article is going to quote other scholars, judges and legislators as I piece together a brief but thorough history of the federal grand jury for your review. But the punch line is my personal contribution to the cause:

UNITED STATES CITIZENS SITTING AS FEDERAL GRAND JURORS ARE THE FOURTH BRANCH OF THE UNITED STATES GOVERNMENT.

My input into this vital fight is no more than the analysis of a few carefully used words. It only took a small sleight of pen back in 1946 to hide our power, and it won’t take more than a few words to take that power back. But a proper overview is necessary for most of you who are unfamiliar with the issue at hand. So let me provide you with some history and then we’ll see what went wrong and how to correct it.

HISTORY OF FEDERAL GRAND JURY POWER

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 article appearing in American Juror, the newsletter of the American Jury Institute and the Fully Informed Jury Association, citing the famed American jurist, Joseph Story, explained :

“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.’"

Back to the Creighton Law Review:

“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.”

So, it’s clear that the Constitution intended to give the grand jury power to instigate criminal charges, and this was especially true when it came to government oversight. But something strange happened on the way to the present. That power was eroded by a lie enacted by the legislative branch. The 5th Amendment to the Constitution still contains the same words quoted above, but if you sit on a grand jury and return a “presentment” today, the prosecutor must sign it or it probably won’t be allowed to stand by the judge and the criminal charges you have brought to the court’s attention will be swept away. And the reason for this can be found in a legislative lie of epic proportions.

Mr. Roots weighs in again:

“In 1946, the Federal Rules of Criminal Procedure were adopted, codifying what had previously been a vastly divergent set of common law procedural rules and regional customs.[86] In general, an effort was made to conform the rules to the contemporary state of federal criminal practice.[87] In the area of federal grand jury practice, however, a remarkable exception was allowed. The drafters of Rules 6 and 7, which loosely govern federal grand juries, denied future generations of what had been the well-recognized powers of common law grand juries: powers of unrestrained investigation and of independent declaration of findings. The committee that drafted the Federal Rules of Criminal Procedure provided no outlet for any document other than a prosecutor-signed indictment. In so doing, the drafters at least tacitly, if not affirmatively, opted to ignore explicit constitutional language.“[88]“

Rule 7 of the Federal Rules of Criminal Procedure (FRCP): “An offense which may be punished by death shall be prosecuted by indictment. An offense which may be punished by imprisonment for a term exceeding one year or at hard labor shall be prosecuted by indictment…”

No mention of “presentments” can be found in Rule 7. But they are mentioned in Note 4 of the Advisory Committee Notes on the Rules:

“4. Presentment is not included as an additional type of formal accusation, since presentments as a method of instituting prosecutions are obsolete, at least as concerns the Federal courts.”

The American Juror published the following commentary with regards to Note 4:

“[W]hile the writers of the federal rules made provisions for indictments, they made none for presentments. This was no oversight. According to Professor Lester B. Orfield, a member of the Advisory Committee on Rules of Criminal Procedure, the drafters of Federal Rules of Criminal Procedure Rule 6 decided the term presentment should not be used, even though it appears in the Constitution. Orfield states [22 F.R.D. 343, 346]:

‘There was an annotation by the Reporter on the term presentment as used in the Fifth Amendment. It was his conclusion that the term should not be used in the new rules of criminal procedure. Retention might encourage the use of the run-away grand jury as the grand jury could act from their own knowledge or observation and not only from charges made by the United States attorney. It has become the practice for the United States Attorney to attend grand jury hearings, hence the use of presentments have been abandoned.’"

That’s a fascinating statement: “Retention might encourage…the grand jury [to] act from their own knowledge or observation.” God forbid, right America? The nerve of these people. They have the nerve to put on the record that they intended to usurp our Constitutional power, power that was intended by the founding fathers, in their incredible wisdom, to provide us with oversight over tyrannical government.

And so they needed a spin term to cast aspersions on that power. The term they chose was, “runaway grand jury”, which is nothing more than a Constitutionally mandated grand jury, aware of their power, and legally exercising that power to hold the federal beast in check, as in “checks and balances.”

The lie couldn’t be inserted into the Constitution, so they put it in a statute and then repeated it. And scholars went on to repeat it, and today, as it stands, the grand jury has effectively been lied into the role of submissive puppet of the US Attorney.

The American Juror publication included a very relevant commentary:

“Of course, no statute or rule can alter the provisions of the Constitution, since it is the supreme law of the land. But that didn’t prevent the federal courts from publishing a body of case law affirming the fallacy that presentments were abolished. A particularly egregious example:

'A rule that would permit anyone to communicate with a grand jury without the supervision or screening of the prosecutor or the court would compromise, if not utterly subvert, both of the historic functions of the grand jury, for it would facilitate the pursuit of vendettas and the gratification of private malice. A rule that would open the grand jury to the public without judicial or prosecutorial intervention is an invitation to anyone interested in trying to persuade a majority of the grand jury, by hook or by crook, to conduct investigations that a prosecutor has determined to be inappropriate or unavailing.’ [7]

What is the result? 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.

By the way, they made a rule to take care of runaways too, in 1946: Rule 6(g):

‘At any time for cause shown the court may excuse a juror either temporarily or
permanently, and in the latter event the court may impanel another person in place of the juror excused.’ Now judges can throw anyone off a grand jury, or even dis-impanel a grand jury entirely, merely for exercising its discretion.”

Now let me add my two cents to this argument:

Most of the discussion about Note 4 to Rule 7 of the FRCP takes for granted that the common law use of “presentments” (as codified in the 5th Amendment) was made “illegal” in 1946 by this act. Nothing could be more false. Note 4 does not contain language that makes the use of presentments “illegal”, although it had chosen its words carefully to make it appear as if that is what the legislative branch intended. But let’s look at Note 4 again:

“4. Presentment is not included as an additional type of formal accusation, since presentments as a method of instituting prosecutions are obsolete, at least as concerns the Federal courts."

The key word is, “obsolete”. Obsolete means “outmoded”, or “not in use anymore”, but it does not mean “abolished” or “illegal”. And therein lies the big lie. The legislature knew it could not directly overrule the Constitution, especially with something so clearly worded as the 5th Amendment, which grants a power to the people which has a long and noble purpose in criminal jurisprudence. But the federal beast legislative branch sought more power to protect themselves from the oversight of “we the people”, and in its vampire like thirst for more governmental control, it inserted this insidious Note 4 in the hope that scholars and judges would play along with their ruse, or in the alternative, their ruse would appear to be legally viable.

Let’s look at some authoritative legal resources which discuss Note 4:

Susan Brenner, THE VOICE OF THE COMMUNITY: A CASE FOR GRAND JURY INDEPENDENCE:

“Finally, federal grand juries’ subservience to prosecutors was exacerbated when the federal system eliminated the use of presentments, which allowed a grand jury to bring charges on its own initiative. (N35) Now, federal grand jurors cannot return charges in the form of an indictment without a prosecutor’s consent. (N36) Elimination of the presentment demonstrates the historical trend towards elimination of proactive features in the grand jury system.”

Did Brenner fall for the lie or did she cleverly further it when she said, “[T]he federal system eliminated the use of presentments”? The federal system did no such thing. Note 4 said the use of presentments was “obsolete”. First of all, Note 4 is not a law in itself. It is a Note to a law, and the law as written, does not have anything to say about presentments. You see the leap Brenner has made? The Constitution provides for “presentments”, then the FRCP are enacted and the Rules therein do not mention presentments, nor due they ban presentments, and if they did, such a ban would be unconstitutional, since an administrative enactment regarding procedure can not overrule the Constitution.

Regardless, it’s irrelevant, since the FRCP does not mention “presentments”. Note 4 simply states that “presentments” allowed for in the 5th Amendment of the Constitution have become “obsolete”, or outmoded, which is not to say that they were “eliminated”. Shame on you Susan Brenner. You know damn well that the Constitution can only be changed by an official Amendment to it. Nothing can be “eliminated” from the Constitution by an administrative note.

The use of presentments had become obsolete because the grand jurors were not aware of their power. So the use of “presentments” became more and more rare, and then in 1946 the legislative branch seized upon the moment to make this power disappear by waving its magic wand over the Constitution.

Mr. Root got it wrong in the Creighton Law Review as well:

“Before the Federal Rules of Criminal Procedure — which made independently-acting grand juries illegal for all practical purposes — grand juries were understood to have broad powers to operate at direct odds with both judges and prosecutors…”

The FRCP did not make it “illegal for all practical purposes”. That’s patently false. I don’t know if Mr. Root, and/or Susan Brenner, were acting as the magician’s assistant, but I can’t imagine how these educated scholars could be so incredibly ignorant of basic Constitutional law. Give me a damn break.

But if enough people repeat the lie, the lie appears to be the truth.

But we have it on good authority, the Supreme Court, that the lie has no legal effect.

Justice Powell, in United States v. Calandra, 414 U.S. 338, 343 (1974), stated:

“The institution of the grand jury is deeply rooted in Anglo-American history. [n3] In England, the grand jury [p343] served for centuries both as a body of accusers sworn to discover and present for trial persons suspected of criminal wrongdoing and as a protector of citizens against arbitrary and oppressive governmental action. In this country, the Founders thought the grand jury so essential to basic liberties that they provided in the Fifth Amendment that federal prosecution for serious crimes can only be instituted by “a presentment or indictment of a Grand Jury.” Cf. Costello v. United States, 350 U.S. 359, 361-362 (1956). The grand jury’s historic functions survive to this day. Its responsibilities continue to include both the determination 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).”

The Note 4 lie is smashed on the SCOTUS altar, “The grand jury’s historic functions survive to this day.” Take that Note 4!

Antonin Scalia effectively codified the unique independent power of the Fourth Branch into the hands of all citizens sitting as federal grand jurors. In discussing that power and unique independence granted to the grand jury, the United States Supreme Court, 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,” 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. 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). ‘ “

I submit to you that this passage sets the stage for a revolutionary new context necessary and Constitutionally mandated to “we the people”, THE FOURTH BRANCH of the Government of 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”. Yes, damn it. That is exactly what the grand jury is, and what it was always intended to be.

Scalia also stated, that “the grand jury is an institution separate from the courts, over whose functioning the courts do not preside…” Id.

And finally, to seal the deal, Scalia hammered the point home:

“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. See Stirone v. United States, 361 U.S. 212, 218 (1960); Hale v. Henkel, 201 U.S. 43, 61 (1906); G. Edwards, The Grand Jury 28-32 (1906). 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. See United States v. Calandra, 414 U.S. 338, 343 (1974); Fed.Rule Crim.Proc. 6(a). [504 U.S. 36, 48]"

This miraculous quote says it all, “…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 Constitution of the United States, as interpreted by the Supreme Court, gives rise to a FOURTH BRANCH of Government, THE GRAND JURY. We the people have been charged with oversight of the government in our roles as grand jurors.

And at this critical time in American history, we must, for the protection of our constitutional republic, take back our power and start acting as powerful as the other branches of government.

The law is on our side. So please spread this knowledge as far and wide as you can. We the people have the right and power under the 5th Amendment of the Constitution to charge this government with crimes by returning presentments regardless of 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.”

Take the reins America. Pass it on. The Fourth Branch is alive and kickin’.

Where Have All The Leaders Gone? by Lee Iacocca

From Orly Taitz, DDS, Esq., 01-24-09 at 3:06 PM (http://drorly.blogspot.com/):

Interesting read. They say that Lee Iacocca paid back every bit of the money he borrowed from the government to save Chrysler. Now he's written this book and it looks like a good one.

Remember Lee Iacocca, the man who rescued Chrysler Corporation from its death throes? He's now 82 years old and has a new book, Where Have All The Leaders Gone?

Lee Iacocca says:

"Am I the only guy in this country who's fed up with what's happening? Where the hell is our outrage? We should be screaming bloody murder! We've got a gang of clueless bozos steering our ship of state right over a cliff, we've got corporate gangsters stealing us blind, and we can't even clean up after a hurricane much less build a hybrid car. But instead of getting mad, everyone sits around and nods their heads when the politicians say, 'Stay the course.' Stay the course? You've got to be kidding! This is America, not the damned, 'Titanic.' I'll give you a sound bite: 'Throw all the bums out!'

You might think I'm getting senile, that I've gone off my rocker, and maybe I have. But someone has to speak up. I hardly recognize this country anymore. The most famous business leaders are not the innovators but the guys in handcuffs. While we're fiddling in Iraq, the Middle East is burning and nobody seems to know what to do. And the press is waving 'pom-poms' instead of asking hard questions. That's not the promise of the 'America' my parents and yours traveled across the ocean for.

I've had enough. How about you? I'll go a step further. You can't call yourself a patriot if you're not outraged. This is a fight I'm ready and willing to have. The Biggest 'C' is Crisis! (Iacocca elaborates on nine C's of leadership, with crisis being the first.) Leaders are made, not born. Leadership is forged in times of crisis. It's easy to sit there with your feet up on the desk and talk theory. Or send someone else's kids off to war when you've never seen a battlefield yourself. It's another thing to lead when your world comes tumbling down. On September 11, 2001, we needed a strong leader more than any other time in our history. We needed a steady hand to guide us out of the ashes. A hell of a mess, so here's where we stand.

We're immersed in a bloody war with no plan for winning and no plan for leaving. We're running the biggest deficit in the history of the country. We're losing the manufacturing edge to Asia, while our once-great companies are getting slaughtered by health care costs. Gas prices are skyrocketing, and nobody in power has a coherent energy policy. Our schools are in trouble. Our borders are like sieves. The middle class is being squeezed every which way.

These are times that cry out for leadership. But when you look around, you've got to ask: 'Where have all the leaders gone?' Where are the curious, creative communicators? Where are the people of character, courage, conviction, omnipotence, and common sense? I may be a sucker for alliteration, but I think you get the point. Name me a leader who has a better idea for homeland security than making us take off our shoes in airports and throw away our shampoo? We've spent billions of dollars building a huge new bureaucracy, and all we know how to do is react to things that have already happened.

Name me one leader who emerged from the crisis of Hurricane Katrina. Congress has yet to spend a single day evaluating the response to the hurricane or demanding accountability for the decisions that were made in the crucial hours after the storm. Everyone's hunkering down, fingers crossed, hoping it doesn't happen again. Now, that's just crazy. Storms happen. Deal with it. Make a plan. Figure out what you're going to do the next time.

Name me an industry leader who is thinking creatively about how we can restore our competitive edge in manufacturing. Who would have believed that there could ever be a time when 'The Big Three' referred to Japanese car companies? How did this happen, and more important, what are we going to do about it?

Name me a government leader who can articulate a plan for paying down the debt, or solving the energy crisis, or managing the health care problem. The silence is deafening. But these are the crises that are eating away at our country and milking the middle class dry. I have news for the gang in Congress. We didn't elect you to sit on your asses and do nothing and remain silent while our democracy is being hijacked and our greatness is being replaced with mediocrity. What is everybody so afraid of? That some bonehead on Fox News will call them a name? Give me a break. Why don't you guys show some spine for a change?

Had enough? Hey, I'm not trying to be the voice of gloom and doom here. I'm trying to light a fire. I'm speaking out because I have hope - I believe in America. In my lifetime, I've had the privilege of living through some of America's greatest moments. I've also experienced some of our worst crises: the Great Depression, World War II, the Korean War, the Kennedy Assassination, the Vietnam War, the 1970s oil crisis, and the struggles of recent years culminating with 9/11.

If I've learned one thing, it's this: you don't get anywhere by standing on the sidelines waiting for somebody else to take action. Whether it's building a better car or building a better future for our children, we all have a role to play. That's the challenge I'm raising in this book. It's a "Call to Action" for people who, like me, believe in America. It's not too late, but it's getting pretty close. So let's shake off the crap and go to work. Let's tell 'em all we've had 'enough.' Make your own contribution by sending this to everyone you know and care about. It's our country, folks, and it's our future. Our future is at stake!!"

The Obama Ambush by Tom Kovach

From: Tom Kovach, author
Subject: HACKED -- the Obama ambush
To: "Tom Kovach"
Date: Wednesday, January 21, 2009, 8:15 AM

In the military, we were taught to "charge the ambush".

It would take awhile to explain all the technical reasons, but charging directly into an ambush is the best way to defeat it and live to tell about it.

For a long time, I've asked friends to SPREAD THE WORD.

Some have. Some have not.

Well... this morning, the center-column text of my blog DISAPPEARED.
http://tomkovach.us/blog/

For those of you that actually read it, you might recall that my last blog entry presented a cogent argument -- supported by the Uniform Code of Military Justice, and by military-security rules -- for why members of the military should DISOBEY any order issued by Barack Obama. And, specifically, I suggested that its guardians should REFUSE to hand over to Obama the nuclear "football".

Intentionally, I back-channeled that blog entry to someone that was previously
well-placed in the military intelligence community (but, "officially", no longer is).

My hope was that he would help to spread the word among patriotic, law-abiding military members -- who could then act as an unofficial "First Team" to slow down the erosion of our country from the White House outward.
http://en.wikipedia.org/wiki/The_First_Team_(novel)

Instead, he apparently passed it along to military cyber-warriors (most likely
the 83rd Network Operations Squadron out of Langley AFB, Virginia). And, apparently, they erased my blog.

They didn't erase all of it, though -- just the center column of the main page. You know, the place where most people would find my latest blog entry -- especially if they were subscribers.

So, YOUR MISSION, should you choose to accept it, is to SPREAD THE WORD.
(here's a link to the one they missed ... so far)
http://tomkovach.us/blog/2009/01/the_obama_oxymoron.html

If this is what happens on DAY ONE of an Obama administration, then it won't be long before outspoken people like me are silenced by more "direct" methods.

The only way to overcome such high-tech censorship is to "go viral" -- meaning that EVERY ONE of you needs to notify EVERY ONE on your e-mail list of what is happening.

If you think that this is a joke, think back to the plight of Rev. Martin Niemoller at the hands of the Nazis. Sadly, he became famous for "not speaking out". No one can accuse me of that. http://en.wikipedia.org/wiki/Martin_Niem%C3%B6ller

If you agree that this is serious, you can join the "resistance". (No, I'm not asking people to take up arms against the government. Hopefully, it won't come to that. But, given Obama's obvious disdain for the Constitution so far, don't be surprised if THEY decided to take up arms against US. What will you do then??) How can you join the resistance? There are links to most everything you need to get started -- already on my Web site.

Please... spread the word, before the word is gone.

CHARGE THE AMBUSH.

Thank you.


Tom Kovach
http://tomkovach.us
Mount Juliet TN
(near Nashville)
-------------------------
From Mary Ann: Is this Obama's idea of "transparent government?"

Economics 101 and beyond

Jeff Schreiber from Americ's Right had an excellent post yesterday, with a lot of excellent comments. This should be required reading for every conservative.

http://www.americasright.com/2009/01/obama-leading-charge-on-economy.html

One of the commenters gave links to two YouTube videos that should scare you to distraction.

http://www.youtube.com/watch?v=JhZqGnpvKLw (8 mins, well worth it).
http://www.youtube.com/watch?v=BrctsKSdLD4&NR=1 (very brief, again well worth it).

It seems as though the end times according to Bible prophecy are getting closer and closer.

Even so, come quickly Lord Jesus!
~Mary Ann Hartzler
mahunt100@yahoo.com

Will Barry Soetoro actually be sworn in as the 44th President?

Who knows what is in store for us here in the United States of America. Those who are in a position of authority and who could investigate Barack Hussein Obama's citizenship choose not to do so. What's a lowly citizen supposed to do? I've ranted and raved, written letters, all to no avail. My senators just pat me on the head and say "there, there, nice little citizen."

My personal opinion is this: if Barack Hussein Obama is the anti-Christ, nothing we do will stand in his way or prevent him from assuming power. The good news is this also means the return of our Savior and Lord Jesus Christ is imminent. BUT, until I'm caught up to meet him in the air, to borrow the words of the Apostle Paul, I am to occupy HERE until Jesus comes. This means I keep fighting, no matter how dismal things seem.

I'm not a sore loser and I don't have a case of sour grapes. I just want to be sure the President of my country is a natural born citizen, just like the U.S. Constitution requires. Natural born citizenship entails more than just the location of birth. Most court cases, and debate over the 14th Amendment to the U.S. Constitution defined the phrase as being born to two U.S. citizen parents on U.S. soil. Consider these questions, if you will:

• Obama refuses to allow access to birth records that could determine his citizenship status–why? The sham certificate image posted online has been proven to have been altered by two different scientists, neither of whom knew the other was working on the same issue.
  

• Obama refuses to allow access to college financial aid records–why? Did he receive financial aid as a foreign student?
  

• Obama refuses to allow access to his medical records–why? Private investigators in Hawaii have determined that S. Ann Dunham was never a patient at any hospital in Hawaii. Obama and his sister, Maya, have given the names of two different hospitals where Obama was supposedly born. So, which is it? And, how can he have been born at a hospital where his mother was never a patient?
  

• Obama refuses to allow access to his passport records–why?
  

• Did Obama travel to Pakistan at the age of 19 or 20 on an Indonesian passport?
  

• Did Lolo Soetoro adopt Obama as a small child? Obama’s wife Michelle said he was adopted by Soetoro. Wouldn’t that have made him an Indonesian citizen?
  

• His paternal grandmother has been recorded as saying she was in the delivery room when Obama was born in Mombasa.

Does none of this confusion raise questions in your mind as to the veracity of Obama’s citizenship? Why weren’t these issues settled before he was allowed to run for office or even be nominated? Some of this information has been gleaned from Obama’s own books–his own words trip him up. There’s no conspiracy, the simple truth is that Obama is lying or withholding pertinent information because it would not place him in a favorable light. Apparently, there aren’t any men in Washington with enough backbone to make him prove his citizenship–not the place of his birth, but his citizenship.

There! I've ranted again.
:) Mary Ann Hartzler