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Jury Box Integrity

 

DIGEST - This bill will provide for a special prosecutor and direct that she/he responsibly adjudicate  presentments issued by a grand jury.

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Whereas the Grand Jury authorized by Article V of The Bill of Rights was intended to be a fourth branch of government through which Americans could hold public officials accountable for their actions and

Whereas, on 11-22-94 thirty Republican governors alleged “Federal action has exceeded the clear bounds of its jurisdiction under the Constitution and thus violated rights guaranteed the people” and the evidence in support of this allegation is clear and abundant and 

Whereas, America must be a nation of laws or a lawless nation and to be one of laws, citizens must be guaranteed the integrity of the jury and ballot boxes as they are the only boxes available through which Americans can peacefully hold elected officials accountable and

Whereas, in 1946, the Federal Rules of Criminal Procedure codified a set of common law procedural rules governing federal grand juries and in doing so denied future generations of  well-recognized powers of common law grand juries: i.e., those of unrestrained investigation and of independent declaration of findings by saying “presentment is not included as a ….. type of formal accusation, since presentments as a method of instituting prosecutions are obsolete, at least as concerns the Federal courts," and

Whereas being considered ‘obsolete’ doesn’t render presentments unconstitutional and

Whereas, as the famous 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.” and

Whereas, an article in the Creighton Law Review states: ‘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 "runaway,"…… they operated as completely independent, self-directing bodies of inquisitors, with power to pursue unlawful conduct to its very source, including the government itself’ and

Whereas, it’s self evident those responsible for having passed and perpetuated the Federal action exceeding the clear bounds of Federal jurisdiction are guilty of crimes found in Title 18 of the U.S. Criminal Code and must be brought before the bar of justice if we are to live in a nation of law rather than a lawless nation and

Whereas, as Principals to the Constitution and under the Law of Agency, states have a moral and lawful obligation to assure proper interpretation and implementation of the Constitution,

Therefore, Be it Resolved the legislature of the state of ____________ hereby appoint ________ as a special prosecutor responsible for adjudicating American Grand Jury presentments involving alleged wrongdoing by government officials?

 


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Walter L. Myers

Last Update:  08/01/2010 16:55:40
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